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Charitable Incorporated Organisations (CIOs) Legal Considerations. Catherine Rustomji, Head of Third Sector North – Hempsons. Agenda. What is the CIO? Detail Where are we now? Timescale. What is the CIO?. New legal form Exclusively for charities Single regulator

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charitable incorporated organisations cios legal considerations

Charitable Incorporated Organisations (CIOs) Legal Considerations

Catherine Rustomji,

Head of Third Sector North – Hempsons

agenda
Agenda
  • What is the CIO?
  • Detail
  • Where are we now?
  • Timescale
what is the cio
What is the CIO?
  • New legal form
  • Exclusively for charities
  • Single regulator
  • 2 forms - Foundation CIO & Association CIO
types of cio
Types of CIO
  • Foundation CIO

- Members & Trustees are the same

  • Association CIO

- Members & Trustees are different

detail record keeping
Detail – record-keeping
  • Register of Trustees
  • Register of Members
  • Right to inspect and require copies
  • Charges over CIO property
    • Register of charges
    • Charity Commission notification
detail model constitutions
Detail – model constitutions
  • Form specified in Regulations
  • Two model forms

(required provisions vs best practice)

  • Future – sector-specific models
advantages of cio
Advantages of CIO
  • Single registration
  • Simpler reporting requirements
  • Simpler filing requirements
  • Lower costs
  • Simpler constitutional forms
  • Greater constitutional flexibility
additional requirements for cios
Additional requirements for CIOs
  • Registers of trustees and members
  • Register of any charges over assets
  • Submission of accounts and annual returns
  • Notification of certain property changes
  • Criminal offences for non-compliance
where are we now
Where are we now?
  • Consultation ended December 08
  • Results published September 09
  • Revised Constitutions & regulations ?
timescale
Timescale
  • Spring 2010 …..
  • 2011…..
  • Unincorporated charities
  • Guinea pigs?
  • Conversion
slide11
Catherine Rustomji

01423 724105 or 0191 230 0669

[email protected]

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