Commission publishes new resources for charities wanting to incorporate

28 September 2009

The Charity Commission, the independent regulator of charities in England and Wales, has published its 'Revised Model Memorandum and Articles of Association for Charitable Companies' (GD1). From 1st October, companies will be formed using an article of association which will contain all necessary provisions, with the memorandum of association simply recording the subscribers' wish to form a company. The Commission's revised document is compliant with these changes. It also contains some changes to clarify the restrictions on conflicts of interest and directors' benefits.

Existing charitable companies do not need to change the format of their current governing documents – from the date of the change, the provisions in the existing memorandum of association will become part of the articles.

Additional questions and answers have been produced to help charities understand incorporation and how to go about becoming incorporated.

Rosie Chapman, Director of Policy and Effectiveness at the Charity Commission said;

"Our free-of-charge model governing documents make it easier and quicker to set up and register a new charity and nearly half of new charities are set up as companies. Charities using this revised format can be confident that the document is compliant with the modernised company law framework that's been introduced following the passage of the Companies Act 2006."

The new governing document and questions and answers are available to download at: www.charitycommission.gov.uk.