(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.]
Textual Amendments
F1Words in s. 229(1) substituted (1.8.2014) by Co-operative and Community Benefit Societies Act 2014 (c. 14), s. 154, Sch. 4 para. 182(2) (with Sch. 5)
F2Words in s. 229(5) substituted (1.8.2014) by Co-operative and Community Benefit Societies Act 2014 (c. 14), s. 154, Sch. 4 para. 182(3) (with Sch. 5)