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Charities Act 2006

Commentary on Sections

Section 55: Transfer of certificates between trustees of unincorporated charity

213.This section provides a fast-track method for unincorporated charities to transfer a public collections certificate between trustees. It enables the Charity Commission to direct that a public collections certificate in force be transferred from its holder(s) to another trustee(s) within the same unincorporated charity, where the holder(s) is (or was) a trustee of the charity, and the recipient(s) and the charity trustees consent to the transfer. Subsections (4) and (5) require the Commission, where it refuses to make a direction under this section, to give notice of its refusal, of its reasons for refusal, and of the fact that there is a right of appeal (conferred by section 57(2)). Subsection (7) provides that a public collections certificate is not transferable otherwise than under this section.

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