Letter To Companies House – Formation Of Charitable Company Limited By Guarantee
This Letter To Companies House – Formation Of Charitable Company Limited By Guarantee is intended to be used when registering a new charity as a company limited by guarantee. The letter confirms the intended name under which the Charity is to be incorporated as a company, and it lists the documents that should be enclosed with the letter.
The letter is to be sent to the Registrar of Companies at Companies House enclosing the documents referred to below. However, Companies House might require certain documents to be uploaded digitally instead, and so it is advisable to check with Companies House before sending any of these documents to it in paper form.
The documents to be enclosed with the letter are as follows:
The Memorandum of Association
The accompanying form of Memorandum of Association in this subfolder may be used.
The Articles of Association
Assuming that the charity proposes to adopt the accompanying form of Charity Articles of Association-Private Company Limited By Guarantee in this subfolder, the charity will be using a bespoke set of Articles of Association (rather than the model form set out in Schedule 2 of The Companies (Model Articles) Regulations 2008). Therefore, a copy of the proposed Articles of Association also needs to be enclosed with the letter.
The Companies House Form IN01
This is the application to register a company. It should be completed as necessary to cater for the fact that the company will not be limited by shares but will be limited by guarantee; you will need to complete Part 4 and not Part 3 of the Form. Its name will not include the word “Limited” at the end (see Box A3 in the Form). The IN01 document is in PDF format and the up to date version of it can be found on the Companies House website by clicking on this link to the relevant page here.
This form of Letter To Companies House – Formation Of Charitable Company Limited By Guarantee also refers to the relevant registration fee enclosed.
In addition the charity will need to be separately registered with the Charity Commission as to which please see the relevant page of the Commission’s website here.
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