PART 3DISSOLUTION OTHERWISE THAN UNDER THE INSOLVENCY ACT 1986

Trustees to give notice of application for dissolution12

1

The charity trustees who make an application for dissolution on behalf of a CIO must secure that, within 7 days beginning with the day on which the application is made, notice of it is given to every person who at any time on that day is—

a

a member of the CIO;

b

an employee of the CIO; or

c

a charity trustee of the CIO.

2

Paragraph (1) does not require notice to be given to any charity trustee who is party to the application.

3

The notice must state—

a

the date on which the application for dissolution is made;

b

the names of the charity trustees making the application.

4

The duty imposed by this regulation ceases to apply if the application is withdrawn before the end of the period for giving notice.

5

Subsections (4) to (7) of section 1006 of the Companies Act 2006 (offence of failing to comply with duty to provide copy of striking off application in respect of a company to members, employees etc) apply in relation to a failure by a charity trustee to perform the duty imposed by paragraph (1) as they apply in relation to a failure to perform the duty imposed by that section.

6

Section 1006(7) of that Act, in its application by virtue of paragraph (5), has effect as if paragraph (b)(ii) were omitted.