Part 11Charitable incorporated organisations (CIOs)

CHAPTER 1General

Nature and constitution

204Meaning of “CIO

In this Act “CIO” means charitable incorporated organisation.

205Nature

1

A CIO is a body corporate.

2

A CIO must have—

a

a constitution;

b

a principal office, which must be in England or in Wales;

c

one or more members.

3

The members may be—

a

not liable to contribute to the assets of the CIO if it is wound up, or

b

liable to do so up to a maximum amount each.

206Constitution

1

A CIO’s constitution must state—

a

its name,

b

its purposes,

c

whether its principal office is in England or in Wales, and

d

whether or not its members are liable to contribute to its assets if it is wound up, and (if they are) up to what amount.

2

A CIO’s constitution must make provision—

a

about who is eligible for membership, and how a person becomes a member,

b

about the appointment of one or more persons who are to be charity trustees of the CIO, and about any conditions of eligibility for appointment, and

c

containing directions about the application of property of the CIO on its dissolution.

3

A CIO’s constitution must also provide for such other matters, and comply with such requirements, as are specified in CIO regulations.

4

A CIO’s constitution—

a

must be in English if its principal office is in England;

b

may be in English or in Welsh if its principal office is in Wales.

5

A CIO’s constitution must be in the form specified in regulations made by the Commission, or as near to that form as the circumstances admit.

6

Subject to anything in a CIO’s constitution—

a

a charity trustee of the CIO may, but need not, be a member of it,

b

a member of the CIO may, but need not, be one of its charity trustees, and

c

those who are members of the CIO and those who are its charity trustees may, but need not, be identical.