J. Obtain a consent for a charitable company from the Commission

What type of consent does your charitable company require?

The Charities Act (NI) 2008 sets out where a charitable company wishes to make a regulated alteration, such a change is ineffective without the prior written consent of the Commission. Regulated alterations are defined at s96(3) of the Charities Act as being: an amendment of the company's articles of association adding, removing or altering a statement of the company's objects any alteration of any provision of its articles of association directing the application of property of the company on its dissolution, and any alteration of any provision of its articles of association where the alteration would provide authorisation for any benefit to be obtained by directors or members of the company or persons connected with them. For charitable companies, removing an express prohibition may be a regulated alteration within the meaning of section 96 of the Act, when by virtue of its removal it provides a benefit to trustees. Giving benefits to trustees that go beyond what charity trustees are entitled to for provision of services under Section 88 of the Act, will be a regulated alteration requiring consent under section 96 of the Act. Section.96(4)(a) defines benefit as “a direct or indirect benefit of any nature” In such cases, or where there are not enough un-conflicted members to pass the resolution, the charitable company will require the Commission’s prior written consent to make such change. This is a regulated alteration and the trustees will need to apply to the Commission for consent under section 96 of the Act. (see link to our guidance below) Consents to charitable companies on CCNI website.

The charitable company intends to make a regulated alteration to its governing document

The charitable company requires consent of the Commission for certain transactions or acts, e.g. transactions with directors