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The Charitable Incorporated Organisations (Conversion) Regulations 2017

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PART 3CONVERSION OF CHARITABLE COMPANY INTO CIO

Information to be provided with application

11.—(1) This regulation applies for the purposes of section 228 of the 2011 Act (application for conversion by charitable company).

(2) If its proposed constitution includes provision for entrenchment, a charitable company which applies to convert into a CIO under section 228 of the 2011 Act must, in addition to the documents and information mentioned in subsection (3) of that section, supply the Commission with a statement specifying that fact.

Circumstances in which not appropriate to grant application

12.—(1) For the purposes of section 231(2)(c) of the 2011 Act (Commission considers it not appropriate to grant application for conversion by charitable company), it would not be appropriate to grant the application in circumstances where—

(a)at the date the application was made the charitable company, or any of its directors, are in default of any requirement to send any document or information to the registrar or the Commission;

(b)the Regulator or the registrar has instituted civil or criminal proceedings in respect of the charitable company which have not been concluded;

(c)the charitable company is in the process of being dissolved;

(d)the charitable company is in liquidation or administrative receivership; or

(e)any director of the charitable company is disqualified from being a charity trustee or trustee for a charity under section 178 of the 2011 Act.

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