- Latest available (Revised)
- Point in Time (27/02/2007)
- Original (As enacted)
Version Superseded: 06/04/2007
Point in time view as at 27/02/2007. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
Companies (Audit, Investigations and Community Enterprise) Act 2004, Section 54 is up to date with all changes known to be in force on or before 29 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)If a community interest company is to cease being a community interest company and become a charity or a Scottish charity, the company must—
(a)by special resolution alter its memorandum so that it does not state that it is to be a community interest company,
(b)by special resolutions under the Companies Act 1985 make such alterations of its memorandum and articles as it considers appropriate, and
(c)by special resolution change its name so that it does not comply with section 33.
(2)Section 380(1) of the Companies Act 1985 (forwarding of copies of special resolutions to registrar of companies) must be complied with in relation to each of the special resolutions at the same time.
(3)If the special resolutions include one under section 4 or 17 of the Companies Act 1985 (alterations of memorandum)—
(a)copies of the special resolutions must not be forwarded to the registrar of companies before the relevant date, and
(b)section 380(1) has effect in relation to them as if it referred to 15 days after the relevant date.
(4)If an application is made under section 5 of the Companies Act 1985 (objection to alteration of memorandum under section 4 or 17), the relevant date is—
(a)the date on which the court determines the application (or, if there is more than one application, the date on which the last to be determined by the court is determined), or
(b)such later date as the court may order.
(5)If there is no application under section 5 of that Act, the relevant date is the end of the period for making such an application.
(6)The copies of the special resolutions forwarded to the registrar of companies must be accompanied by—
(a)a copy of the memorandum and articles of the company as altered by the special resolutions, and
(b)a statement under subsection (7) or, if the company’s registered office is situated in Scotland and the company is to become a Scottish charity, a statement under subsection (8).
(7)A statement under this subsection is a statement by the [F1Charity Commission] that in [F2its] opinion, if the special resolutions take effect and the company ceases to be a community interest company the company will be a charity and will not be an exempt charity.
(8)A statement under this subsection is a statement by the [F3Scottish Charity Regulator that, if the special resolutions take effect and the company ceases to be a community interest company, the company will be entered in the Scottish Charity Register].
(9)“Exempt charity” has the same meaning as in the Charities Act 1993 (c. 10) (see section 96 of that Act).
Textual Amendments
F1Words in s. 54(7) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 203(a); S.I. 2007/309, art. 2, Sch.
F2Word in s. 54(7) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 203(b); S.I. 2007/309, art. 2, Sch.
F3Words in s. 54(8) 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(4)
Modifications etc. (not altering text)
C1Ss. 53-55 power to apply or disapply conferred by 1993 c. 10, s. 69J (as inserted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 7 para. 1; S.I. 2007/309, art. 2, Sch.)
Commencement Information
I1S. 54 in force at 1.7.2005 by S.I. 2004/3322, art. 2(3), Sch. 3
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: