| Commentary

19 A charity’s constitution

| Commentary

19 A charity’s constitution

In the absence of an express power (or a power that it necessarily implied), the trustees of a charity are not empowered to alter the terms of the constitution otherwise than under an applicable statutory power. Corporate charities formed as charitable incorporated organisations (CIOs), under the Companies Act 2006 or as registered societies under the Co-operative and Community Benefit Societies Act 2014 or by royal charter or Act of Parliament are governed in this respect by the relevant statutes or the charter, including the applicable provisions of the Charities Act 20111.

Unincorporated charities, however,

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