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Charitable incorporated organisation meaning

What does Charitable incorporated organisation mean?
In legal practice, a charitable incorporated organisation (CIO) is a charity‑only corporate form that gives a charity separate legal personality and limited liability for its members, with incorporation and ongoing regulation handled by the charity regulator rather than Companies House. In England and Wales it is a statutory form under the Charities Act 2011 (which consolidates the Charities Act 2006), supplemented by the Charitable Incorporated Organisations (General) Regulations 2012. A CIO is created on registration with the Charity Commission, operates under a constitution (association or foundation model), can hold property, employ staff and enter contracts in its own name, and benefits from a single reporting regime. Conversion from certain charitable companies and societies to a CIO is permitted. In Northern Ireland, CIOs are provided for by the Charities Act (Northern Ireland) 2008 and regulated by the Charity Commission for Northern Ireland, with broadly similar features. In Scotland, the equivalent form is the Scottish charitable incorporated organisation (SCIO) under the Charities and Trustee Investment (Scotland) Act 2005, regulated by OSCR; “CIO” is not the correct label. In Ireland, there is no CIO: charities typically use a company limited by guarantee, trust or unincorporated association, registered with the Charities Regulator.
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View the related Checklists about Charitable incorporated organisation

CHECKLISTS
Information Checklist for Completing Charity Commission Association CIO Model Constitution (Voting Members Other Than Trustees) (England and Wales)

Charitable Incorporated Organisation (CIO) If you are setting up a charity, one current option is the Charitable Incorporated Organisation (CIO). To prevent delays in assessing your application, the Charity Commission advises adopting its model constitution. Nevertheless, there are various alternative approaches to completing the document, and these should be weighed carefully before proceeding in line with current guidance and requirements...

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View the related Practice Notes about Charitable incorporated organisation

PRACTICE NOTES
Charity Formation and Registration: structures, charitable objects, governing documents, trustees, Charity Commission process, HMRC reliefs and ongoing compliance

Overall Purpose The first issue is to define the overarching purpose and vision for the charity from the outset. Will it operate as a service-delivering body or concentrate on grant-giving? Does it address a particular local concern or a nationwide cause? Is the ambition long-term or tied to a specific event? Charitable Objects Under UK law, a charity must: have charitable purpose(s) set out in the governing document, and meet the public benefit requirement The Charity Commission provides precedent clauses. Careful consideration should be given to whether benefit is restricted at all. Legal form of the charity The legal form of the charity will need consideration. The available options include: Charitable trust Charitable company incorporated by guarantee Charitable incorporated organisation (CIO) Unincorporated association Other structures Charity created under a Will or inter vivos trust A charitable trust can be simpler, yet may not be suitable where, for...

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PRACTICE NOTES
Advising on charity structures in England and Wales: trusts, unincorporated associations, companies limited by guarantee or shares, and CIOs; legal personality, liability and governance considerations

At present, several legal forms suit a charitable body, with the principal options being: a trust an unincorporated association a company limited by guarantee a charitable incorporated organisation Other possibilities include: a company incorporated by Royal Charter a statutory corporation a company limited by shares an industrial and provident association a friendly society community interest company Over time, the newer charitable incorporated organisation (CIO), created by Part 11 of the Charities Act 2006 (CA 2006), is expected to supplant the company limited by guarantee as a preferred route, as it shares that model’s benefits yet falls solely under the Charity Commission (CC). When selecting a structure for the charity, the CC provides a useful guide: Charity types: how to choose a structure. Incorporated v unincorporated It should be understood that incorporated and unincorporated bodies differ in important ways, and recognising these distinctions is essential when choosing an appropriate...

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PRACTICE NOTES
Australia: Proprietary Limited Companies (Pty Ltd) — Incorporation, Governance, Ownership, Compliance and Taxation — Multilaw Global Business Entities Guide (as at 13 January 2023)

This Practice Note forms part of a cross-border guide that examines essential aspects of creating specific business entities in global jurisdictions. Leading law firms within the Multilaw network respond to key questions on this subject. The guide outlines principal considerations when establishing a privately owned company in Australia. Current as at 13 January 2023. Author: Paul Kirton, Macpherson Kelley, a Multilaw member firm. Common entities Which form of entity is addressed in this questionnaire, and which other forms commonly used in this jurisdiction are covered elsewhere? This response concerns the privately owned company (Pty Ltd Company). The trading trust is considered in a separate response. Identify other entity types that exist in your jurisdiction but are not addressed here at this time: Public company Partnership/limited partnership Incorporated association Foreign entities can also trade in Australia via a branch office, provided it is registered. Given the regulatory and compliance load, and...

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View the related Q&As about Charitable incorporated organisation

Q&As
CIO constitution: Is less than 75% general meeting majority valid?

A charitable incorporated organisation (CIO) refers to a type of legal body accessible exclusively to charities. A CIO is regarded as created only after registration has been completed with the Charity Commission...

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Q&As
Official Custodian for Charities: Trust Corporation for Overreaching or Second Trustee?

A charity may hold legal title to land or property in its own name only if it is a charitable incorporated organisation or a charitable company. Land Registry Guidance Practical Guidance 14: Charities explains that the term “trust corporation” includes: the Public Trustee (who is not permitted to accept trusts for charitable purposes); a corporation appointed by the court, in any particular instance, to act as trustee; and a corporation entitled, under rules made pursuant to section 4(3) of the Public Trustee Act 1906, to act as a custodian trustee. See section 205(1)(xxix) of the Law of Property Act 1925 and section 17(1)(xxx) of the Settled Land Act 1925, and also section 3 of the Law of Property (Amendment) Act 1926...

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