Part 16

Charity mergers

Vesting declarations and effect of merger on certain gifts

Pre-merger vesting declarations
310
1
Subsection (2) applies to a declaration which—
a
is made by deed for the purposes of this section by the charity trustees of the transferor,
b
is made in connection with a relevant charity merger, and
c
is to the effect that (subject to subsections (3) and (4)) all of the transferor's property is to vest in the transferee on such date as is specified in the declaration (“the specified date”).
2
The declaration operates on the specified date to vest the legal title to all of the transferor's property in the transferee, without the need for any further document transferring it.
This is subject to subsections (3) and (4).
3
Subsection (2) does not apply to—
a
any land held by the transferor as security for money subject to the trusts of the transferor (other than land held on trust for securing debentures or debenture stock),
b
any land held by the transferor under a lease or agreement which contains any covenant (however described) against assignment of the transferor's interest without the consent of some other person, unless that consent has been obtained before the specified date, or
c
any shares, stock, annuity or other property which is only transferable in books kept by a company or other body or in a manner directed by or under any enactment.
4
In its application to registered land within the meaning of the Land Registration Act 2002, subsection (2) is subject to section 27 of that Act (dispositions required to be registered).
S. 310 applied (with modifications) (2.1.2013) by The Charitable Incorporated Organisations (General) Regulations 2012 (S.I. 2012/3012), regs. 1, 61