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K. Update the Commission with changes to a governing document

Changes to a governing document
What is the legal structure of your charity?

Please contact the commission directly by accessing the following link: Contact the Commission

Are the changes regulated alterations? 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: (i) any alteration to the objects clause in the Company’s memorandum of association; (ii) any alteration of any provision of its memorandum or articles of association directing the application of property of the company on its dissolution, and (iii) any alteration of any provision of its memorandum or 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. More information can be found in our consents for charitable companies guidance
Have you obtained the Commission’s prior written consent?
Have you filed your updated Articles with Companies House?

Form K - Notification of changes to a governing document

Please do so before submitting notification form.

Does your Governing Document contain the power to make these changes?
What are the nature of these changes?
Have the charity trustees used the power contained in Section 127 of the Act? To modify any of the provisions already contained within the Governing Document or to introduce new provisions which regulate the exercise of administrative powers which, while not referred to in its governing document are provided for by statute or in the general law?
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.
Please note that Under Section 126 of the Act, the Commission may object to these changes.
Unincorporated powers guidance and notification form 

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