http://www.legislation.gov.uk/uksi/2012/3013/contents/made

The Charitable Incorporated Organisations (Insolvency and Dissolution) Regulations 2012

Charities

Legislation

Organisations

King's Printer of Acts of Parliament

2015-07-09

CHARITIES, ENGLAND AND WALES

These Regulations, together with the Charitable Incorporated Organisations (General) Regulations 2012 (S.I. 2012/3012) and the Charitable Incorporated Organisations (Consequential Amendments) Order 2012 (S.I. 2012/3014), build on provisions in Part 11 of the Charities Act 2011 (“the 2011 Act”) relating to charitable incorporated organisations (“CIOs”). The provisions were originally in the Charities Act 1993 (as amended by the Charities Act 2006) but were consolidated in the 2011 Act.

The Charitable Incorporated Organisations (Insolvency and Dissolution) Regulations 2012

reg. 9

The Charitable Incorporated Organisations (Insolvency and Dissolution) (Amendment) (No. 2) Regulations 2020

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reg. 7

reg. 1(2)

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The Charitable Incorporated Organisations (Insolvency and Dissolution) Regulations 2012

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The Charitable Incorporated Organisations (Insolvency and Dissolution) (Amendment) (No. 2) Regulations 2020

reg. 4(2)

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The Charitable Incorporated Organisations (Insolvency and Dissolution) Regulations 2012

reg. 9(1)(a)

The Charitable Incorporated Organisations (Insolvency and Dissolution) (Amendment) (No. 2) Regulations 2020

reg. 4(3)

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The Charitable Incorporated Organisations (Insolvency and Dissolution) Regulations 2012

PART 1

1Citation and commencement

2Interpretation: general

PART 2

3Application of the Insolvency Act 1986 to CIOs

PART 3

4Dissolution by Commission on application of CIO

5Application for dissolution

6Dissolution resolution

7Notice to be given before dissolution

8Application not to be made if CIO procedures not completed

9Application not to be made if other procedures not completed

10Restrictions following application for dissolution

11Property received after making application for dissolution

12Trustees to give notice of application for dissolution

13Notice of application for dissolution: how to be given

14Circumstances in which application must be withdrawn

15Offences under the Companies Acts

16Dissolution of CIO which is not in operation

17Dissolution of CIO which is no longer a charity

18Dissolution of CIO which is being wound up

19Procedure for dissolution: delivery of letters and notices

20Date of dissolution

21Notice to be given of dissolution

22Liabilities and powers unaffected by dissolution

PART 4

23Vesting of property to official custodian on dissolution

24Disposal of property vested in official custodian

25Power of Commission to specify charitable purposes etc.

26Power of Commission to make vesting order

27Disclaimer of property by official custodian

28Effect of a disclaimer by official custodian

29Disclaimer of leaseholds

30Power of court to make vesting order

31Protection of persons holding under a lease

32Land subject to rentcharge

PART 5CIO

33Restoration by Commission

34Restoration by the court

35Time limit for applying to court

36Court order with directions

37CIO’s name on restoration

38Notification of restoration to the register

39Effect of restoration

40Property to vest in restored CIO

41Accounts, reports and returns of restored CIO

SCHEDULEAPPLICATION OF THE INSOLVENCY ACT 1986 TO CIOS

1Application to CIOs of the 1986 Act

2Application to CIOs of subordinate legislation made under the 1986 Act

2012 No. 3013

Charities, England And Wales

The Charitable Incorporated Organisations (Insolvency and Dissolution) Regulations 2012

Made5th December 2012

Coming into force in accordance with regulation 1

The Minister for the Cabinet Office makes the following Regulations in exercise of the powers conferred by sections 245 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 the Minister considers appropriate.

A draft of these Regulations has been approved by a resolution of each House of Parliament pursuant to section 348(2) of that Act.