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The Charitable Incorporated Organisation (CIO)
The Cabinet Office has recently held a consultation on this new legal form for charities. It will be the first incorporated legal form designed specifically and exclusively for charities. It is intended that the new CIO structure will be available late 2009.
One of the main benefits of incorporating for a charity is that members are personally safeguarded from the financial liabilities it incurs. However, there are some additional responsibilities for the charity, its trustees and members; in particular maintaining a register of trustees and members and making information about the charity publicly available.
The proposals set out the advantages for a charity of becoming a CIO:
- single registration – a CIO will only need to register with the Charity Commission and not also with the Registrar of Companies
- less onerous requirements for preparing accounts – the general regime in the Charities Act 1993 will apply. Small CIOs will be able to prepare receipts and payments accounts, whilst larger charities will prepare accruals accounts
- less onerous reporting requirements – CIOs will only prepare an annual report under the Charities Act 1993
- annual return – CIOs will file only one annual return instead of two documents (i.e. an annual return under company law and a separate return under charity law)
- less onerous filing requirements – CIOs will only have to send accounts, reports and returns to the Commission
- lower costs – the Commission will make no charges for registration and filing of information
- simpler constitutional form – the Commission will produce model forms of constitution with fewer governance provisions than for companies
- simpler arrangements for merger and reconstruction
- an enforcement regime which does not penalise the charity for the conduct of its directors
- codified duties for directors and members to reflect the charitable nature of the CIO
- EC company law directives will not apply to CIOs.
Converting to a CIO will have advantages for some charities, but it will not be the right option for all of them. We will be following the CIO proposals as they become law and will update this page to show any changes made.
We will be pleased to advise you on the best structure for your charity. Please contact Peter Driver, our Client Services Director, Monday – Friday 9.30am – 6.00pm on:
Tel. 0845 519 2101
Fax 0845 519 2103
Email: peter@london-registrars.co.uk
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