Part 11

Charitable incorporated organisations (CIOs)
CHAPTER 4

Conversion, amalgamation and transfer

Amalgamation of CIOs

Application for amalgamation of CIOs
235
1
Any two or more CIOs (“the old CIOs”) may, in accordance with this section, apply to the Commission to be amalgamated, and for the incorporation and registration as a charity of a new CIO (“the new CIO”) as their successor.
2
The old CIOs must supply the Commission with—
a
a copy of the proposed constitution of the new CIO,
b
such other documents or information as may be prescribed by CIO regulations, and
c
such other documents or information as the Commission may require for the purposes of the application.
3
In addition to the documents and information referred to in subsection (2), the old CIOs must supply the Commission with—
a
a copy of a resolution of each of the old CIOs approving the proposed amalgamation, and
b
a copy of a resolution of each of the old CIOs adopting the proposed constitution of the new CIO.
4
The resolutions referred to in subsection (3) must have been passed—
a
by a 75% majority of those voting at a general meeting of the CIO (including those voting by proxy or by post, if voting that way is permitted), or
b
unanimously by the CIO’s members, otherwise than at a general meeting.
5
The date of passing of such a resolution is—
a
the date of the general meeting at which it was passed, or
b
if it was passed otherwise than at a general meeting, the date on which provision in the CIO’s constitution or in regulations made under section 223 treats it as having been passed (but that date may not be earlier than that on which the last member agreed to it).