The Charitable Incorporated Organisations (General) Regulations 2012

1Citation and commencement

2Interpretation: general

3Interpretation: bodies corporate and associated bodies corporate

4Interpretation: hard copy, electronic form and related expressions

5CIO not to be exempt

6Application of registration provisions in 2011 Act

7Applications for registration: communications with Commission

8Applications for registration: information to be included

9Applications for amalgamation: information to be included

10Transfer of accounting records on amalgamation

11Retention of accounting records after amalgamation

12Interpretation

13Matters to be provided for in constitution

14Constitution not to restrict ability to dispose of property

15Provision for entrenchment

16Date of resolution amending constitution

17Provision for entrenchment: statement of compliance

18Effect of amendment of constitution on members

19CIO contracts

20Execution of documents

21Execution of deeds

22Execution of deeds or other documents by attorney

24Official seal for use abroad

25Bills of exchange and promissory notes

26Requirement to keep registers

27Power of Commission to order rectification of register of members

28Power of court to order rectification of register of members

29Register of members to be evidence

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

31Eligibility for appointment as charity trustee

32Validity of acts of charity trustee

33Delegation and appointment of nominees etc. by charity trustees

34Duty not to accept benefits from third parties

35Notice of resolutions to be proposed at a general meeting

36Charity trustee with personal interest in decision

37Records to be kept of charity trustees’ decisions

38Charity trustee minutes as evidence

39Charity trustee decision records as evidence

40Power of court or Commission to order meeting

41Records to be kept of members’ decisions

42Records as evidence of members’ decisions

43Records of decisions by sole member

44Inspection of records of decisions and meetings

45Records of resolutions and meetings of classes of members

47Service of documents on CIO

48Service of documents on charity trustees etc

49The CIO communications provisions

50Sending or supplying documents or information

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

52Member’s right to hard copy

53Information sent by CIO: time of receipt

54Commission’s requirements as to form etc of document

55Agreement with Commission to send by electronic means

56Requirements for proper delivery to Commission

57Commission’s power to accept document not properly delivered

58Replacement of document not properly delivered to Commission

59Interpretation of the CIO communications provisions

60Fraudulent trading

61Pre-merger vesting declarations

62Notes to CIO’s accounts and statement

63Consequential amendments to secondary legislation

SCHEDULE 1REGISTERS

PART 1REGISTER OF MEMBERS

1Register of members

2Single member CIO

3Removal of entries relating to former members after 10 years

PART 2REGISTER OF CHARITY TRUSTEES

4Register of charity trustees

PART 3MAINTENANCE OF AND ACCESS TO REGISTERS

5Updating registers

6Registers to be kept available for inspection

7Members register: rights of access

8Trustees register: rights of access

9Information relating to charity trustees: grounds for refusal

10Information as to state of register

PART 4INTERPRETATION

11Names and former names

SCHEDULE 2DOCUMENTS AND INFORMATION SENT OR SUPPLIED TO A CIO

1Application of this Schedule

2Communications in hard copy form: introduction

3Method of communication in hard copy form

4Address for communications in hard copy form

5Communications in electronic form: introduction

6Conditions for use of communications in electronic form

7Address for communications in electronic form

SCHEDULE 3COMMUNICATIONS BY A CIO

1Application of this Schedule

2Communications in hard copy form: introduction

3Method of communication in hard copy form

4Address for communications in hard copy form

5Communications in electronic form: introduction

6Conditions for use of communications in electronic form

7Address for communications in electronic form

8Communications by means of a website: introduction

9Agreement to use of website

10Implicit agreement of members to use of website

11Availability of document or information on website

12Notification of availability on website

13Period of availability of website

SCHEDULE 4CONSEQUENTIAL AMENDMENTS

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

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

3Amendment of the Charities (Misleading Names) Regulations 1992

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

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

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

2012 No. 3012

Charities, England And Wales

The Charitable Incorporated Organisations (General) Regulations 2012

Made5th December 2012

Laid before Parliament10th December 2012

Coming into force2nd January 2013

The Minister for the Cabinet Office makes the following Regulations in exercise of the powers conferred by sections 30(2)(c), 42(2)(c), 206(3), 207(2)(b), 223, 246 and 347(3) of the Charities Act 20111.

In accordance with section 348(4) of that Act the Minister has consulted such persons and bodies of persons as he considers appropriate.