OPERATIONAL GUIDANCE

PERMANENT ENDOWMENT

REGISTER UPDATE FOLLOWING THE PASSING OF A RESOLUTION FOR A TYPE 2 CHARITY UNDER SECTION 75 OR 75B OF THE CHARITIES ACT 1993 AS AMENDED BY THE CHARITIES ACT 2006 (CSD 1347C)

OG 44 C2 – 18 March 2008

Purpose

This OG reproduces our public guidance CSD 1347C, which is available in the Apply for it area of our web site.

Functional responsibility

For information

All staff

Contents

Notes to the form
Section 1 Charity Details
Section 2 Notification
Section 3 For registered charities
Section 4 Signed by
Section 5 For Charity Commission use only

Index to further related information

Notes to the form
	Before completing this form please read our guidance note: Permanent Endowment: What is it and when can it be spent? (CSD 1347A) available on the Apply for it area of our website.
	Please ensure that the form is completed accurately as failure to do so could delay our consideration.
	Warning to signatories: It is an offence to knowingly or recklessly provide false information to the Charity Commission. If in doubt about completing this form, you should seek professional advice.
	How should this form be completed?
	This form can be signed by:
	(a) one or more of the trustees; and/or
	(b) some other person having a competent knowledge of the facts such as the clerk or secretary or professional advisor and signing on the trustees behalf.

Section 1 Charity Details
	Charity registration number (if appropriate)
	Charity name

Section 2 Notification
	(a) At a meeting held on:
	(b) The trustees resolved to release and spend the permanent endowment of the Charity under	Delete whichever is not relevant* Section 75* / Section 75B*
	(c) The trustees are satisfied that the following conditions have been met
		(i) That the purposes of the charity can more effectively be carried out by using some or all of its permanent endowment.
		(ii) The market value of the permanent endowment (at the time the last financial accounts were prepared) was less than £10,000; or
		(iii) The permanent endowment was not entirely given (please refer to the public guidance for an explanation); or
		(iv) The gross income of the charity or the special trust in the last financial year was less than £1000 (this condition does not apply to a resolution passed under section 75B).
		(v) The resolution was passed at a quorate meeting of the duly appointed trustees of the charity or special trust.

Section 3 For registered charities
	(a) Voluntary removal	Note: If the gross income of the charity or special trust in the last financial year was less than £5000 the trustees can request voluntary removal from the Register of Charities. This does not affect its status as a charity but it does mean the registration number can no longer be quoted in reference to this charity.
	(b) Dissolution	Note: If the trustees have released and spent the permanent endowment of the charity and have brought the charity to a natural end the charity must be removed from the Register of Charities, as having ceased to exist.
	Do the trustees wish to request voluntary removal?; or	Yes	No
	Has the charity ceased to exist?	Yes	No

Section 4 Signed by
		Certificate signed by:
	Name
	Address
	Postcode
	Signature		Date
	Name
	Address
	Postcode
	Signature		Date

Section 5 For Charity Commission use only
		On the date embossed below, the Commission has updated the Register of Charities, where relevant, to reflect the date of the trustees resolution and have acted upon any request made in section 3 above.
		A copy of this form has been added to the Commission’s key records for this charity.

Index to further related information