Executing deeds and documents in property transactions—charities
Executing deeds and documents in property transactions—charities

The following Property guidance note provides comprehensive and up to date legal information covering:

  • Executing deeds and documents in property transactions—charities
  • Incorporated charities
  • Charitable company
  • Charitable industrial and provident societies and community benefit societies
  • Incorporated body of charity trustees
  • Charitable incorporated organisation
  • Corporate body incorporated by Act of Parliament or Royal Charter
  • Purchaser protection from use of common seal
  • Unincorporated charities
  • Delegation of authority by charity trustees
  • more

Incorporated charities

There a number of corporate vehicles that can enjoy charitable status:

  1. a charitable company (which will invariably be a company limited by guarantee)

  2. an industrial and provident society

  3. a charitable community benefit society

  4. charity trustees who are incorporated under Part 12 of the Charities Act 2011 (CA 2011)

  5. a charitable incorporated organisation

  6. a corporate body incorporated by Act of Parliament or by Royal Charter

Charitable company

A charitable company can execute contracts, deeds and other documents in the same manner as any other company incorporated under any of the Companies Acts.

A contract can be made by a charitable company either:

  1. by writing under its common seal

  2. by the signature of any person acting on its behalf with express or implied authority

A charitable company can execute a deed by:

  1. using its common seal, or

  2. by the signatures of its secretary and a director, or the signatures of two directors, or the signature of a single director in the presence of a witness who attests the signature

In addition, the charity trustees of a charity which is not an exempt charity must make certain statements in documents which effect a disposal of an interest in, or a mortgage of, charity land. In the case of a charitable company, the charity trustees will be the company’s directors. The