Your World of Legal Intelligence
 United Kingdom | +44 (0) 20 7284 8080

The Charitable Incorporated Organisations (Insolvency and Dissolution) Regulations 2012

Consolidated Text Cited authorities 174 Cited in Amendments 18 Related
Vincent
JurisdictionUK Non-devolved
CitationSI 2012/3013
Year2012
  • These Regulations may be cited as the Charitable Incorporated Organisations (Insolvency and Dissolution) Regulations 2012 and come into force on the twenty eighth day after the day on which they are made.
    • (1) In these Regulations—
    • “the 1986 Act” means the Insolvency Act 1986 ;
    • “the 2011 Act” means the Charities Act 2011;
    • F102“CIO” has the same meaning as set out in section 204 of the Charities Act 2011;
    • “constitutional directions” means the directions included in the CIO's constitution in accordance with section 206(2) (c) of the 2011 Act.
    a corporation sole; ora partnership that, whether or not a legal person, is not regarded as a body corporate under the law by which it is governed.
  • F103Schedule 1
    • (1) Schedule 2 (which contains additional provision about the application of Schedule B1 and certain other legislation to housing administration orders in relation to CIOs) has effect.(2) “Housing administration order” has the meaning given in section 95 of the Housing and Planning Act 2016.(1) The Commission may, on the application of a CIO, dissolve the CIO by removing it from the register.(2) Such an application is referred to in this Part as an application for dissolution and must be made in accordance with regulation 5.
  • must be made on the CIO's behalf by the charity trustees or by a majority of them; and
  • a copy of the resolution passed in accordance with the procedure prescribed in regulation 6;
  • a declaration, made by or on behalf of the charity trustees of the CIO, that any debts and other liabilities of the CIO have been settled or otherwise provided for in full; and
  • a statement, made by or on behalf of the charity trustees of the CIO, setting out the way in which any property vested in, or held on trust for, the CIO has been or is to be applied on dissolution in accordance with its constitutional directions.
    • by a 75% majority of those voting (including those voting by proxy or by post, if voting that way is permitted) ; orwhere the CIO's constitution permits the members to make decisions otherwise than by voting, by a decision taken without a vote and without any expression of dissent in response to the question put to the meeting; orunanimously, otherwise than at a general meeting.all members of the CIO entitled to vote at the meeting or, where the CIO's constitution permits the members to make decisions otherwise than by voting, all members entitled to take part in the decision to be made as to whether to pass the resolution at the meeting; andany charity trustee of the CIO who is not also a member of the CIO entitled to vote at the meeting or, where the CIO's constitution permits the members to make decisions otherwise than by voting, who is not also a member entitled to take part in the decision to be made as to whether to pass the resolution at that meeting;the day of the meeting; andthe day on which notice is given.(4) If a qualifying majority agrees, a dissolution resolution which is to be proposed at a general meeting may be passed without the notice provisions in paragraph (2) being satisfied.(5) Where a dissolution resolution is passed otherwise than at a general meeting it is treated as having been passed on the date on which the last member agreed to it, unless the CIO's constitution provides that it is to be treated as having been passed on a later date.(6) In this regulation—
    • “qualifying majority” means—
      • (a) in relation to a CIO whose members take decisions by voting, a majority in number of the members having a right to attend and vote at the meeting, who together represent not less than the requisite percentage of the total voting rights at that meeting of all the members;
      • (b) in relation to a CIO where the CIO's constitution permits the members to make decisions otherwise than by voting, all of the members having the right to attend the meeting and take part in the decisions to be made at the meeting;
    • “requisite percentage” means 90% or such higher percentage (not exceeding 95%) as may be specified in the CIO's constitution for the purposes of this regulation.
    (1) The Commission must not dissolve a CIO under regulation 4 until 3 months after the publication by the Commission, in such manner as it thinks fit, of a notice stating that it has received an application for dissolution from the CIO.(2) The Commission must not dissolve the CIO if, within the period mentioned in sub-paragraph (1) , any person has shown cause why the Commission should not dissolve the CIO.the CIO has any debts or other liabilities which have not been settled or otherwise provided for in full; orany decision which must be taken for the purpose of giving effect to the constitutional directions has not been taken.(2) Subsections (5) to (7) of section 1004 of the Companies Act 2006 (offence of applying for a company to be struck off in contravention of requirements of that section) (3) Section 1004(6) of that Act, in its application by virtue of paragraph (2) , has effect as if for “that he did not know, and could not reasonably have known, of the existence of the facts that led to the contravention” there were substituted—
    • (a) if the CIO had outstanding debts or other liabilities at the time the application was made, that the accused reasonably believed all of the CIO's debts or other liabilities had been settled in full or otherwise provided for;
    • (b) if a decision required to be taken for the purpose of the constitutional...
    if the CIO had outstanding debts or other liabilities at the time the application was made, that the accused reasonably believed all of the CIO's debts or other liabilities had been settled in full or otherwise provided for;if a decision required to be taken for the purpose of the constitutional

    To continue reading

    Request your trial
    Navigation index

    VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT