Part 13

Unincorporated charities

Power to transfer all property of unincorporated charity

Introduction
267
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.