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Charities Act 2011

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This is the original version (as it was originally enacted).

231Cases where application must or may be refused

(1)The Commission must refuse an application for conversion if—

(a)it is not satisfied that the CIO would be a charity at the time it would be registered,

(b)the CIO’s proposed constitution does not comply with one or more of the requirements of section 206 (constitution of CIOs) and any regulations made under that section, or

(c)in the case of an application for conversion made by a company limited by guarantee, the CIO’s proposed constitution does not comply with the requirements of section 228(6) and (7).

(2)The Commission may refuse an application for conversion if—

(a)the proposed name of the CIO—

(i)is the same as, or

(ii)is in the opinion of the Commission too like,

the name of any other charity (whether registered or not),

(b)the Commission is of the opinion referred to in any of paragraphs (b) to (e) of section 42(2) (power to require charity’s name to be changed) in relation to the proposed name of the CIO (reading paragraph (b) as referring to the proposed purposes of the CIO and to the activities which it is proposed it should carry on), or

(c)having considered any representations received from those whom it has consulted under section 230(1), the Commission considers (having regard to any regulations made under subsection (3)) that it would not be appropriate to grant the application.

(3)CIO regulations may make provision about circumstances in which it would not be appropriate to grant an application for conversion.

(4)If the Commission refuses an application for conversion, it must so notify the appropriate registrar.

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