The Regulator for Charities in England and Wales

OPERATIONAL GUIDANCE

PERMANENT ENDOWMENT

APPLICATION TO SPEND PERMANENT ENDOWMENT UNDER SECTION 26(4) OF THE CHARITIES ACT 1993 (CSD 1347D)

OG 44 C3 – 18 March 2008

Purpose This OG reproduces our Application Form CSD 1347D, available in the Apply for it section of our web site.

Functional responsibility

For information All staff

Contents

Notes to the form
Section 1 Charity Details
Section 2 Details of expenditure
Section 3 Purpose of expenditure
Section 4 Certification
Section 5 Signatures
Section 6 For Charity Commission use only

Index to further related information

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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 all 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.

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Section 1 Charity Details

  Charity registration number(if appropriate)  
  Charity name  

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Section 2 Details of expenditure

  Total value of proposed spend £
  Total amount to be raised from permanent endowment £
  Proposed term (in years) over which repayment will take place (please see the note to section 3 if the permanent endowment is not to be replaced)  
  Date of commencement of capital replacement  

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Section 3 Purpose of expenditure

  Note: Please use this space to provide brief details of the work to be carried out and an explanation of why:  
 
  • this must be funded in whole or in part from the permanent endowment of the charity; and
  •  
     
  • if it is the case, the trustees want to waive the requirement to replace the permanent endowment
  •  

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    Section 4 Certification

        I/WE DECLARE as follows:
        (a) the trustees are satisfied that they have been properly appointed in accordance with the governing document of the charity;
        (b) spending capital will reduce the charity’s future income. The trustees are satisfied that they can continue to meet their expenditure needs;
        (c) the trustees agree to spend the amount of capital in accordance with the terms set out in the Order and in this form and will contact the Charity Commission immediately if these circumstances change;
        (d) that repayment of the capital will be on pound for pound basis of equal instalments over the term set out in section 2.
      Please enter the name, address and e-mail of the person from whom further information can be obtained:  

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    Section 5 Signatures

      Capacity  
      Name  
      Address   Postcode
      Signed   Date
         
      Capacity  
      Name  
      Address   Postcode
      Signed   Date
         
        Now send this completed form to
        Charity Commission Direct
    PO Box 1227
    Liverpool
    L69 3UG
      (Tel: 0845 3000 218 or for hearing impaired callers 0845 3000 219)

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    Section 6 For Charity Commission use only

        Order under section 26 of the Charities Act 1993
        Being satisfied that it is expedient in the interests of the charity the Commission authorises the trustees to spend the sum set out in section 2 above from the charity’s permanent endowment for the purposes set out in section 3 subject to the term of replacement set out in section 2.
      Commission references  
      Case No:  
      Sealing No:  
      Date:  

    Index to further related information

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