Part 2

Community interest companies

Becoming a community interest company

Existing companies: charities
39
1
A charitable company may not by special resolution change its name to comply with section 33 without the prior written consent of the Charity Commissioners.
2
If a charitable company contravenes subsection (1), the Charity Commissioners may apply to the High Court for an order quashing any altered certificate of incorporation issued under section 28(6) of the Companies Act 1985.
3
If a charitable company becomes a community interest company, that does not affect the application of—
a
any property acquired under any disposition or agreement previously made otherwise than for full consideration in money or money’s worth, or any property representing property so acquired,
b
any property representing income which has previously accrued, or
c
the income from any such property.
4
“Charitable company” means a company which is a charity, other than one to which section 40 applies.