The following Property practice note provides comprehensive and up to date legal information covering:
There are currently a number of incorporated or unincorporated structures that are adopted by charities.
Unincorporated charities will be either:
a charitable trust, or
a charitable unincorporated association
There a number of corporate vehicles that can enjoy charitable status:
a charitable company (which will invariably be a company limited by guarantee)
a co-operative society or community benefit society (previously known as industrial and provident societies)
charity trustees who are incorporated under Part 12 of the Charities Act 2011 (CA 2011)
a charitable incorporated organisation ie the limited liability form provided by CA 2011 and registered only with the Charity Commission
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, or
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
See Precedents: Execution clause—company—deed and Execution clause—company—contract and HM Land Registry Practice
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