Part 11Charitable incorporated organisations (CIOs)

CHAPTER 4Conversion, amalgamation and transfer

Conversion of certain bodies to CIO

229Application for conversion by registered society

1

A charity which is a registered society may apply to the Commission to be converted into a CIO, and for the CIO's registration as a charity, in accordance with this section.

Registered society” has the same meaning as in F1the Co-operative and Community Benefit Societies Act 2014.

2

But such an application may not be made by—

a

a registered society having a share capital if any of the shares are not fully paid up, or

b

an exempt charity.

3

The registered society must supply the Commission with—

a

a copy of a resolution of the registered society that it be converted into a CIO,

b

a copy of the proposed constitution of the CIO,

c

a copy of a resolution of the registered society adopting the proposed constitution of the CIO,

d

such other documents or information as may be prescribed by CIO regulations, and

e

such other documents or information as the Commission may require for the purposes of the application.

4

The resolution referred to in subsection (3)(a) must be—

a

a special resolution of the registered society, or

b

a unanimous written resolution signed by or on behalf of all the members of the registered society who would be entitled to vote on a special resolution.

5

In subsection (4), “special resolution” has the meaning given in F2section 113 of the Co-operative and Community Benefit Societies Act 2014.