39[F1Becoming a community interest company: English charities]E+W+S
(1)A [F2company that is an English charity] may not [F3become a community interest company] without the prior written consent of the [F4Charity Commission].
(2)If a [F2company that is an English charity] contravenes subsection (1), the [F4Charity Commission] may apply to the High Court for an order quashing any altered certificate of incorporation issued under [F5section 38A] .
(3)If a [F2company that is an English charity] becomes a community interest company, that does not 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 previously accrued, or
(c)the income from any such property.
F6(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1S. 39 heading substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 228(2) (with art. 10)
F2Words in s. 39 substituted (6.4.2007) by The Companies Act 2006 (Commencement No. 2, Consequential Amendments, Transitional Provisions and Savings) Order 2007 (S.I. 2007/1093), art. 1(3), Sch. 4 para. 9(b) (with art. 11(1))
F3Words in s. 39(1) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 228(3) (with art. 10)
F4Words in s. 39(1)(2) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 201; S.I. 2007/309, art. 2, Sch.; S.I. 2007/309, art. 2, Sch.
F5Words in s. 39(2) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 228(4) (with art. 10)
F6S. 39(4) omitted (6.4.2007) by virtue of The Companies Act 2006 (Commencement No. 2, Consequential Amendments, Transitional Provisions and Savings) Order 2007 (S.I. 2007/1093), art. 1(3), Sch. 4 para. 9(d) (with art. 11(1))
Commencement Information
I1S. 39 in force at 1.7.2005 by S.I. 2004/3322, art. 2(3), Sch. 3