The following Property guidance note provides comprehensive and up to date legal information covering:
There a number of corporate vehicles that can enjoy charitable status:
a charitable company (which will invariably be a company limited by guarantee)
an industrial and provident society
a charitable community benefit society
charity trustees who are incorporated under Part 12 of the Charities Act 2011 (CA 2011)
a charitable incorporated organisation
a corporate body incorporated by Act of Parliament or by Royal Charter
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:
by writing under its common seal
by the signature of any person acting on its behalf with express or implied authority
A charitable company can execute a deed by:
using its common seal, or
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
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