Part 13Unincorporated charities

Power to transfer all property of unincorporated charity

267Introduction

1

Section 268 (resolution to transfer all property) applies to a charity if—

a

(subject to subsection (2)) its gross income in its last financial year did not exceed £10,000,

b

it does not hold any designated land, and

c

it is not a company or other body corporate.

Designated land” means land held on trusts which stipulate that it is to be used for the purposes, or any particular purposes, of the charity.

2

Subsection (1)(a) does not apply in relation to a resolution by the charity trustees of a charity—

a

to transfer all its property to a CIO, or

b

to divide its property between two or more CIOs.

3

Where a charity has a permanent endowment, sections 268 to 272 have effect in accordance with sections 273 and 274.

4

In sections 268 to 274 references to the transfer of property to a charity are references to its transfer—

a

to the charity,

b

to the charity trustees,

c

to any trustee for the charity, or

d

to a person nominated by the charity trustees to hold it in trust for the charity,

as the charity trustees may determine.