(1)Where a charity is a company or other body corporate having power to alter the instruments establishing or regulating it as a body corporate, no exercise of that power which has the effect of the body ceasing to be a charity shall be valid so as to affect the application of—
(a)any property acquired under any disposition or agreement previously made otherwise than for full consideration in money or money’s worth, or any property representing property so acquired,
(b)any property representing income which has accrued before the alteration is made, or
(c)the income from any such property as aforesaid.
(2)Where a charity is a company, any alteration by it—
(a)of the objects clause in its memorandum of association, or
(b)of any other provision in its memorandum of association, or any provision in its articles of association, which is a provision directing or restricting the manner in which property of the company may be used or applied,
is ineffective without the prior written consent of the Commissioners.
(3)Where a company has made any such alteration in accordance with subsection (2) above and—
(a)in connection with the alteration is required by virtue of—
(i)section 6(1) of the Companies Act 1985 (delivery of documents following alteration of objects), or
(ii)that provision as applied by section 17(3) of that Act (alteration of condition in memorandum which could have been contained in articles),
to deliver to the registrar of companies a printed copy of its memorandum, as altered, or
[F1(b)is required by section 30 of the Companies Act 2006 (copies of resolutions affecting a company’s constitution) to forward to the registrar a copy of the special resolution effecting the alteration,]
the copy so delivered or forwarded by the company shall be accompanied by a copy of [F2the Commission's consent].
(4)Section 6(3) of that Act (offences) shall apply to any default by a company in complying with subsection (3) above as it applies to any such default as is mentioned in that provision.
Textual Amendments
F1S. 64(3)(b) substituted (1.10.2007) by The Companies Act 2006 (Commencement No. 3, Consequential Amendments, Transitional Provisions and Savings) Order 2007 (S.I. 2007/2194), art. 1(3)(a), Sch. 4 para. 79 (with art. 12)
F2Words in s. 64(3) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 151; S.I. 2007/309, art. 2, Sch.