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H. Transfer charity property

Transfer charity property

Charity Property - Any fixed assets which are owned by the charity e.g. buildings equipment, intellectual property etc.

Sometimes charities may find it necessary to transfer all of their property to another charity, for example:
A disaster relief charity that has completed its aims and no longer needs to continue will need to deal with any remaining property it holds before it closes and will need to transfer it all to another charity
A change in the funding environment results in charity trustees deciding that another charity may be better placed to carry out the same purposes.
Does the charity have the power to transfer charity property?

The Commission’s consent not required

Is your charity an unincorporated organisation?
Can you answer “yes” to all of the following statements: (i) the gross income of the charity in its last financial year did not exceed £10,000 (ii) the charity does not hold designated land or if it does hold designated land, the market value of that land does not exceed £90,000. (iii) the charity is not a company or other corporate body. Designated land means land held on trusts which stipulate that it is to be used for the purposes, or any particular purposes, of the charity.

You may be able to make use of the power contained in s123 of the Charities Act (NI) 2008. Further information can be obtained in our powers for unincorporated charities guidance.

As you have answered No to QH3, you cannot make use of the power contained in s123 of the Charities Act (NI) 2008. In order to make this change you will need the Commission to establish a scheme. To access further information on this process and to submit an application, please access the following link: Form L1 

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