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Version Superseded: 06/04/2007
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There are currently no known outstanding effects for the Companies (Audit, Investigations and Community Enterprise) Act 2004, Section 40.
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(1)A Scottish charitable company may not become a community interest company.
(2)If a Scottish charitable company purports by special resolution to change its name to comply with section 33, the Commissioners of Inland Revenue may apply to the Court of Session for an order quashing any altered certificate of incorporation issued under section 28(6) of the Companies Act 1985.
(3)Regulations may repeal subsections (1) and (2); and subsections (4) to (7) have effect on and after the day on which regulations under this subsection come into force.
(4)A Scottish charitable company may not by special resolution change its name to comply with section 33 without the prior written consent—
(a)if the company’s registered office is situated in Scotland, of the Scottish Charity Regulator, or
(b)if the company’s registered office is situated in England and Wales (or Wales), of both the Scottish Charity Regulator and the [F1Charity Commission].
(5)If a Scottish charitable company contravenes subsection (4)(a), the Scottish Charity Regulator may apply to the Court of Session for an order quashing any altered certificate of incorporation issued under section 28(6) of the Companies Act 1985 (c. 6).
(6)If a Scottish charitable company contravenes subsection (4)(b), the Scottish Charity Regulator or the [F2Charity Commission] may apply to the High Court for such an order.
(7)If a Scottish charitable company becomes a community interest company, [F3it shall continue to be under a duty to apply–
(a)any property previously acquired, or any property representing property previously acquired,
(b)any property representing income which has previously accrued, or
(c)the income from any such property.
in accordance with its purposes as set out in its entry in the Scottish Charity Register immediately before it became a community interest company.]
(8)In this section “Scottish charitable company” means a company which—
(a)is a Scottish charity,
F4(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Words in s. 40(4)(b) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 202; S.I. 2007/309, art. 2, Sch.
F2Words in s. 40(6) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 202; S.I. 2007/309, art. 2, Sch.
F3Words in s. 40(7) substituted (1.4.2006) by Charities and Trustee Investment (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2006 (S.I. 2006/242), art. 1(3), Sch. para. 8(3)(a)
F4S. 40(8)(b) repealed (1.4.2006) by Charities and Trustee Investment (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2006 (S.I. 2006/242), art. 1(3), Sch. para. 8(3)(b)
F5S. 40(9) repealed (1.4.2006) by Charities and Trustee Investment (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2006 (S.I. 2006/242), art. 1(3), Sch. para. 8(3)(c)
Commencement Information
I1S. 40 in force at 1.7.2005 by S.I. 2004/3322, art. 2(3), Sch. 3
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