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Amending Charity Constitutions: Unincorporated Charity

Amending CC: Unincorporated Charity

Amending Charity Constitutions: Unincorporated Charity is part of Corporate. Just £38.50 + VAT provides unlimited downloads from Corporate for 1 year.

Frequently Asked Questions

Can we change the governing document of our unincorporated charity, and how? +

Yes. Since the Charities Act 2022, unincorporated charities have a statutory power to amend any provision of their governing document by resolution. Trustees have to pass the resolution to make such amendments, and if there are members in addition to the trustees, the members must also pass such a resolution. Certain changes need Charity Commission consent first to be effective. Simply-Docs provides amendment resolutions for a charitable association and a charitable trust.

Which changes to an unincorporated charity's document need Charity Commission consent? +

The same categories that are regulated alterations for companies and CIOs: changing the charity's purposes, changing how property is applied on dissolution, and authorising benefits to trustees, members or connected people. These need the Commission's prior consent. Only if and when it is given do the alterations come into legal effect. Other amendments (with exceptions) can be made by resolution alone. Simply-Docs provides separate resolutions for changes that do and do not need consent.

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