The Charitable Incorporated Organisations (General) Regulations 2012

1. Introductory Text

2. PART 1

   1. 1. Citation and commencement

   2. 2. Interpretation: general

   3. 3. Interpretation: bodies corporate and associated bodies corporate

   4. 4. Interpretation: hard copy, electronic form and related expressions

3. PART 2

   1. 5. CIO not to be exempt

   2. 6. Application of registration provisions in 2011 Act

   3. 7. Applications for registration: communications with Commission

   4. 8. Applications for registration: information to be included

   5. 9. Applications for amalgamation: information to be included

   6. 10. Transfer of accounting records on amalgamation

   7. 11. Retention of accounting records after amalgamation

   8. 12. Interpretation

4. PART 3

   1. 13. Matters to be provided for in constitution

   2. 14. Constitution not to restrict ability to dispose of property

   3. 15. Provision for entrenchment

   4. 16. Date of resolution amending constitution

   5. 17. Provision for entrenchment: statement of compliance

   6. 18. Effect of amendment of constitution on members

5. PART 4 CIO

   1. 19. CIO contracts

   2. 20. Execution of documents

   3. 21. Execution of deeds

   4. 22. Execution of deeds or other documents by attorney

   5. 23. Common seal

   6. 24. Official seal for use abroad

   7. 25. Bills of exchange and promissory notes

6. PART 5

   1. 26. Requirement to keep registers

   2. 27. Power of Commission to order rectification of register of members

   3. 28. Power of court to order rectification of register of members

   4. 29. Register of members to be evidence

   5. 30. Time limit for claims arising from entry in register of members

7. PART 6

   1. 31. Eligibility for appointment as charity trustee

   2. 32. Validity of acts of charity trustee

   3. 33. Delegation and appointment of nominees etc. by charity trustees

   4. 34. Duty not to accept benefits from third parties

8. PART 7

   1. 35. Notice of resolutions to be proposed at a general meeting

   2. 36. Charity trustee with personal interest in decision

   3. 37. Records to be kept of charity trustees’ decisions

   4. 38. Charity trustee minutes as evidence

   5. 39. Charity trustee decision records as evidence

   6. 40. Power of court or Commission to order meeting

   7. 41. Records to be kept of members’ decisions

   8. 42. Records as evidence of members’ decisions

   9. 43. Records of decisions by sole member

   10. 44. Inspection of records of decisions and meetings

   11. 45. Records of resolutions and meetings of classes of members

   12. 46. CIO records

9. PART 8

   1. 47. Service of documents on CIO

   2. 48. Service of documents on charity trustees etc

10. PART 9

    1. 49. The CIO communications provisions

    2. 50. Sending or supplying documents or information

    3. 51. CIO’s implied agreement to receive information in electronic form

    4. 52. Member’s right to hard copy

    5. 53. Information sent by CIO: time of receipt

    6. 54. Commission’s requirements as to form etc of document

    7. 55. Agreement with Commission to send by electronic means

    8. 56. Requirements for proper delivery to Commission

    9. 57. Commission’s power to accept document not properly delivered

    10. 58. Replacement of document not properly delivered to Commission

    11. 59. Interpretation of the CIO communications provisions

11. PART 10

    1. 60. Fraudulent trading

    2. 61. Pre-merger vesting declarations

    3. 62. Notes to CIO’s accounts and statement

12. PART 11

    1. 63. Consequential amendments to secondary legislation

13. Signature

14. 1. SCHEDULE 1

       REGISTERS

       1. PART 1 REGISTER OF MEMBERS

          1. 1. Register of members

          2. 2. Single member CIO

          3. 3. Removal of entries relating to former members after 10 years

       2. PART 2 REGISTER OF CHARITY TRUSTEES

          1. 4. Register of charity trustees

       3. PART 3 MAINTENANCE OF AND ACCESS TO REGISTERS

          1. 5. Updating registers

          2. 6. Registers to be kept available for inspection

          3. 7. Members register: rights of access

          4. 8. Trustees register: rights of access

          5. 9. Information relating to charity trustees: grounds for refusal

          6. 10. Information as to state of register

       4. PART 4 INTERPRETATION

          1. 11. Names and former names

    2. SCHEDULE 2

       DOCUMENTS AND INFORMATION SENT OR SUPPLIED TO A CIO

       1. 1. Application of this Schedule

       2. 2. Communications in hard copy form: introduction

       3. 3. Method of communication in hard copy form

       4. 4. Address for communications in hard copy form

       5. 5. Communications in electronic form: introduction

       6. 6. Conditions for use of communications in electronic form

       7. 7. Address for communications in electronic form

    3. SCHEDULE 3

       COMMUNICATIONS BY A CIO

       1. 1. Application of this Schedule

       2. 2. Communications in hard copy form: introduction

       3. 3. Method of communication in hard copy form

       4. 4. Address for communications in hard copy form

       5. 5. Communications in electronic form: introduction

       6. 6. Conditions for use of communications in electronic form

       7. 7. Address for communications in electronic form

       8. 8. Communications by means of a website: introduction

       9. 9. Agreement to use of website

       10. 10. Implicit agreement of members to use of website

       11. 11. Availability of document or information on website

       12. 12. Notification of availability on website

       13. 13. Period of availability of website

    4. SCHEDULE 4

       CONSEQUENTIAL AMENDMENTS

       1. 1. Amendment of the Charities (Exception from Registration and Accounts) Regulations 1965

       2. 2. Amendment of the Charities (Exception of Universities from Registration) Regulations 1966

       3. 3. Amendment of the Charities (Misleading Names) Regulations 1992

       4. 4. Amendment of the Charities (Exception from Registration) Regulations 1996

       5. 5. Amendment of the Charities (Exception from Registration) Regulations 2008

       6. 6. Amendment of the Charities (Exception from Registration) Regulations 2010

15. Explanatory Note