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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...
Incorporated v unincorporated charities Charities commonly adopt a range of incorporated and unincorporated forms. Corporate forms eligible for charitable status include: a charitable company (almost always a company limited by guarantee) a co-operative society or community benefit society (formerly termed industrial and provident societies) charity trustees incorporated under Part 12 of the Charities Act 2011 (CA 2011) a charitable incorporated organisation (ie the limited-liability model created by Part 11 of CA 2011), requiring registration solely with the Charity Commission a body corporate established by Act of Parliament or Royal Charter (eg the Official Custodian for Charities) Unincorporated charities take one of two forms: a charitable trust; or a charitable unincorporated association Charitable company A charitable company may enter into contracts, execute deeds and issue other documents in the same way as any company formed under the Companies Acts...
A co-operative or community benefit society (CCBS), previously termed an industrial and provident society (IPS), is a limited liability corporate body that organisations may use to run a business either as a co-operative serving members’ mutual interests, or as a community benefit society operating for the good of a community. This Practice Note sets out the legal framework, organisational structure and the registration process for these societies. It also makes extensive reference to the FCA’s finalised guidance on registered societies, with sections addressing governing rules, share capital, name, transfer of engagements, conversion, amalgamation, dissolution and winding up. What is a co-operative or community benefit society? A co-operative society or community benefit society (historically called an industrial and provident society) is a registered society—also described as a society—and a corporate body with limited liability that can be used by organisations to carry on business either on a co-operative basis or for community benefit. There are two categories of registered society: co-operative societies, which operate for the...
The Industrial and Provident Societies Act 1965 (IPSA 1965) has been revoked. The Co‑operative and Community Benefit Societies Act 2014 (CCBSA 2014) now regulates how registered societies are formed and run. Per CCBSA 2014, s 1(1)(b), ‘registered society’ covers, via CCBSA 2014, s 150, societies which, immediately before 1 August 2014, were registered or regarded as registered under IPSA 1965 at that time...