26Community interest companiesE+W+S
(1)There is to be a new type of company to be known as the community interest company.
(2)In accordance with this Part—
(a)a company limited by shares or a company limited by guarantee and not having a share capital may be formed as or become a community interest company, and
(b)a company limited by guarantee and having a share capital may become a community interest company.
(3)A community interest company established for charitable purposes is to be treated as not being so established and accordingly—
(a)is not [F1an English charity or a Northern Ireland charity], and
(b)must not be [F2entered in the Scottish Charity Register].
Textual Amendments
F1Words in s. 26(3)(a) substituted (6.4.2007) by The Companies Act 2006 (Commencement No. 2, Consequential Amendments, Transitional Provisions and Savings) Order 2007 (S.I. 2007/1093), art. 1(3), Sch. 4 para. 1 (with art. 11(1))
F2Words in s. 26(3)(b) substituted (1.4.2006) by Charities and Trustee Investment (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2006 (S.I. 2006/242), art. 1(3), Sch. para. 8(2)
Commencement Information
I1S. 26 in force at 1.7.2005 by S.I. 2004/3322, art. 2(3), Sch. 3