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PART 3Requirements concerning the memorandum and articles

Company without share capital

7.  A community interest company which is a company limited by guarantee without a share capital must include in its memorandum or articles the provisions prescribed by Schedule 1.

Company with share capital

8.  A community interest company which is a company limited by shares or a company limited by guarantee with a share capital must include in its memorandum or articles either—

(a)the provisions prescribed by Schedule 2; or

(b)the provisions prescribed by Schedule 3.

Alternative provisions

9.—(1) For paragraph 1(4)(a) of the provisions prescribed by Schedule 1, 2 or 3 a community interest company may substitute—

“charitable body” means a charity, Scottish charity or a body established outside Great Britain that is equivalent to any of those persons;

(2) If a community interest company makes the substitution permitted by paragraph (1), it must also for every reference to “asset-locked body” in paragraph 1(2) of the provisions prescribed by Schedule 1, 2 or 3 substitute a reference to “charitable body”.

Declaration of dividends

10.  A relevant company must not include in its memorandum or articles any provision which purports to permit a dividend to be declared otherwise than by an ordinary or special resolution of its members.