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

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

  • Executing deeds and documents in property transactions—charities
  • Incorporated v unincorporated 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 v unincorporated charities

There are currently a number of incorporated or unincorporated structures that are adopted by charities.

Unincorporated charities will be either:

  1. a charitable trust, or

  2. a charitable unincorporated association

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. a co-operative society or community benefit society (previously known as industrial and provident societies)

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

  4. a charitable incorporated organisation ie the limited liability form provided by CA 2011 and registered only with the Charity Commission

  5. 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, or

  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

See Precedents: Execution clause—company—deed and Execution clause—company—contract and HM Land Registry Practice

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