OG47 D2 - ALTERATIONS TO GOVERNING DOCUMENTS: CHARITABLE COMPANIES

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OPERATIONAL GUIDANCE

ALTERATIONS TO GOVERNING DOCUMENTS: CHARITABLE COMPANIES

APPLICATION FOR THE COMMISSION'S CONSENT TO ALTERATIONS TO THE MEMORANDUM AND ARTICLES OF ASSOCIATION AND NOTIFICATION OF CHANGE OF NAME

OG 47 D2 – 18 March 2008

Purpose

This reproduces the application form CSD1388B, available on our website in the Apply for it section.

Contents

Notes to the form
Section 1 Charity Details
Section 2 The objects
Section 3 The new name
Section 4 Amending the dissolution provisions
Section 5 Trustee payment/benefits
Section 6 Certification
Section 7 For Charity Commission use only

Index to further related information

Notes to the form
	The information in this form will enable us to consider whether the Commission can approve your proposed amendments. It is important that you complete this form in full and supply the information requested. Please note that amendments that require the Commission’s consent must be in draft only.
	Before completing this form please refer to the summary guidance note CSD1388A, and our guidance OG 47 B2 which should help you determine if the Commission’s consent is required. If your amendments include changes authorising the provision of benefit to specific individuals only then please complete our form CSD 1381C.
	Warning to signatories: Anyone who knowingly or recklessly provides false or misleading information on this form will be guilty of an offence under section 11(1)(b) of the Charities Act 1993.

	How should this form be completed?

	Section 1 must be completed in all cases
	Section 2 must be completed where you are amending the objects
	Section 3 must be completed where you are amending the name
	Section 4 must be completed where you are amending the dissolution clause
	Section 5 must only be completed where the amendments include authorisation for a general power to benefit to be obtained by the directors or members of the company or persons connected to them.

	How should this form be signed?

	This form can be signed by:
	(a)	one or more of the trustees; and/or
	(b)	some other person having competent knowledge of the facts such as the clerk or secretary to the trustees and signing on the trustees behalf.

Section 1 Charity Details
	Charity registration number

	Charity name

	Please tell us who to contact if we need further information

	Telephone number

	E-mail

Section 2 The objects
	What are the proposed new objects of the charity?


	What are the reasons for adopting the new objects?

Section 3 The new name

What is the new name of the charity?

Section 4 Amending the dissolution provisions
	Describe the proposed new clause




	Describe why this power is being amended. Where a body which previously benefited under the clause no longer does so, please confirm that the body has consented or set out the reasons for removing the body as a beneficiary of the clause

Section 5 Trustee payment/benefits
	Describe why this power is being added



	Describe the actual changes to the memorandum/articles which will result

Section 6 Certification
		I/We Certify as follows:
		(i)	In respect of any amendment described in this form the trustees are satisfied that the proposed amendment is in the best interests of the charity.
		(ii)	In respect of any amendment described in section 5.
		That the trustees have read and considered our guidance contained in CSD 1381A and our publication CC11 and are satisfied that the addition of this power is in the best interests of the charity.

		Declaration signed by:
	Name

	Capacity

	Address


				Postcode

	Signature			Date


	Name

	Capacity

	Address


				Postcode

	Signature			Date

		Now send this completed form and the associated documents to:
		Charity Commission Direct PO Box 1227 Liverpool L69 3UG

		If you have e-mail access we can deal with your request more quickly. Please send the documents to:
		webenquiries@charitycommission.gov.uk

Section 7 For Charity Commission use only
		Consent:

		A copy of this application will be retained with the key documents for the charity.


		Commission stamp:

Index to further related information