The Charitable Incorporated Organisations (General) Regulations 2012

S.I. 2012/3012 · Made 5 December 2012 · Extends to England and Wales

Contents

1. Part 1: GENERAL
2. 1Citation and commencement
3. 2Interpretation: general
4. 3Interpretation: bodies corporate and associated bodies corporate
5. 4Interpretation: hard copy, electronic form and related expressions
6. Part 2: REGISTRATION
7. 5CIO not to be exempt
8. 6Application of registration provisions in 2011 Act
9. 7Applications for registration: communications with Commission
10. 8Applications for registration: information to be included
11. 9Applications for amalgamation: information to be included
12. 10Transfer of accounting records on amalgamation
13. 11Retention of accounting records after amalgamation
14. 12Interpretation
15. Part 3: CONSTITUTION
16. 13Matters to be provided for in constitution
17. 14Constitution not to restrict ability to dispose of property
18. 15Provision for entrenchment
19. 16Date of resolution amending constitution
20. 17Provision for entrenchment: statement of compliance
21. 18Effect of amendment of constitution on members
22. Part 4: CIO CAPACITY AND RELATED MATTERS
23. 19CIO contracts
24. 20Execution of documents
25. 21Execution of deeds
26. 22Execution of deeds or other documents by attorney
27. 23Common seal
28. 24Official seal for use abroad
29. 25Bills of exchange and promissory notes
30. Part 5: REGISTERS OF MEMBERS AND CHARITY TRUSTEES
31. 26Requirement to keep registers
32. 27Power of Commission to order rectification of register of members
33. 28Power of court to order rectification of register of members
34. 29Register of members to be evidence
35. 30Time limit for claims arising from entry in register of members
36. Part 6: CHARITY TRUSTEES: APPOINTMENT, POWERS AND DUTIES
37. 31Eligibility for appointment as charity trustee
38. 32Validity of acts of charity trustee
39. 33Delegation and appointment of nominees etc. by charity trustees
40. 34Duty not to accept benefits from third parties
41. Part 7: MEETINGS AND PROCEDURE
42. 35Notice of resolutions to be proposed at a general meeting
43. 36Charity trustee with personal interest in decision
44. 37Records to be kept of charity trustees’ decisions
45. 38Charity trustee minutes as evidence
46. 39Charity trustee decision records as evidence
47. 40Power of court or Commission to order meeting
48. 41Records to be kept of members’ decisions
49. 42Records as evidence of members’ decisions
50. 43Records of decisions by sole member
51. 44Inspection of records of decisions and meetings
52. 45Records of resolutions and meetings of classes of members
53. 46CIO records
54. Part 8: SERVICE OF DOCUMENTS
55. 47Service of documents on CIO
56. 48Service of documents on charity trustees etc
57. Part 9: COMMUNICATIONS PROVISIONS
58. 49The CIO communications provisions
59. 50Sending or supplying documents or information
60. 51CIO’s implied agreement to receive information in electronic form
61. 52Member’s right to hard copy
62. 53Information sent by CIO: time of receipt
63. 54Commission’s requirements as to form etc of document
64. 55Agreement with Commission to send by electronic means
65. 56Requirements for proper delivery to Commission
66. 57Commission’s power to accept document not properly delivered
67. 58Replacement of document not properly delivered to Commission
68. 59Interpretation of the CIO communications provisions
69. Part 10: SUPPLEMENTARY PROVISIONS
70. 60Fraudulent trading
71. 61Pre-merger vesting declarations
72. 62Notes to CIO’s accounts and statement
73. Part 11: CONSEQUENTIAL AMENDMENTS TO SECONDARY LEGISLATION
74. 63Consequential amendments to secondary legislation
75. Signature
76. Schedule 1: REGISTERS
77. Part 1: REGISTER OF MEMBERS
78. 1Register of members
79. 2Single member CIO
80. 3Removal of entries relating to former members after 10 years
81. Part 2: REGISTER OF CHARITY TRUSTEES
82. 4Register of charity trustees
83. Part 3: MAINTENANCE OF AND ACCESS TO REGISTERS
84. 5Updating registers
85. 6Registers to be kept available for inspection
86. 7Members register: rights of access
87. 8Trustees register: rights of access
88. 9Information relating to charity trustees: grounds for refusal
89. 10Information as to state of register
90. Part 4: INTERPRETATION
91. 11Names and former names
92. Schedule 2: DOCUMENTS AND INFORMATION SENT OR SUPPLIED TO A CIO
93. 1Application of this Schedule
94. 2Communications in hard copy form: introduction
95. 3Method of communication in hard copy form
96. 4Address for communications in hard copy form
97. 5Communications in electronic form: introduction
98. 6Conditions for use of communications in electronic form
99. 7Address for communications in electronic form
100. Schedule 3: COMMUNICATIONS BY A CIO
101. 1Application of this Schedule
102. 2Communications in hard copy form: introduction
103. 3Method of communication in hard copy form
104. 4Address for communications in hard copy form
105. 5Communications in electronic form: introduction
106. 6Conditions for use of communications in electronic form
107. 7Address for communications in electronic form
108. 8Communications by means of a website: introduction
109. 9Agreement to use of website
110. 10Implicit agreement of members to use of website
111. 11Availability of document or information on website
112. 12Notification of availability on website
113. 13Period of availability of website
114. Schedule 4: CONSEQUENTIAL AMENDMENTS
115. 1Amendment of the Charities (Exception from Registration and Accounts) Regulations 1965
116. 2Amendment of the Charities (Exception of Universities from Registration) Regulations 1966
117. 3Amendment of the Charities (Misleading Names) Regulations 1992
118. 4Amendment of the Charities (Exception from Registration) Regulations 1996
119. 5Amendment of the Charities (Exception from Registration) Regulations 2008
120. 6Amendment of the Charities (Exception from Registration) Regulations 2010
121. Explanatory note