[WiLT] Consultation events new legal form for charities in London and Leeds and consultation process

[WiL Admin]

Charitable Incorporated Organisation (CIO) Consultation events

London and Leeds

The Office of the Third Sector and the Charity Commission are jointly
running four half day consultation events in London and Leeds on the
new legal form for charities - the Charitable Incorporated
Organisation (CIO).

These events aim to provide the charity sector and their professional
advisors further opportunity to find out more about the proposed legal
form, discuss issues and contribute their views before final decisions
are made on the practicalities of the CIO.

Please note that places are limited and will be allocated as names are
received. To allow for a fair representation of stakeholders we are
inviting one representative per organisation.

Further information about the consultation, including all the key
documents and ways to respond, can be found on the Office of the Third
Sector website (see below).

* Charity trustees and employees (15 & 21 Oct pm) register here
https://www.coievents.co.uk/consultation/register1
* Professional, legal and financial advisors (15 & 21 Oct am) register
here https://www.coievents.co.uk/consultation/register2
(NB if you do register you will find at the end of the process they
ask if you have a question you would like to ask so as to have info at
the meeting - so worth thinking about before starting the registration
process - Deborah)

http://www.coievents.co.uk/consultation/



The Charitable Incorporated Organisation

The Charitable Incorporated Organisation (CIO) is a new legal form for
charities - the first incorporated legal form designed specifically
with the needs of charities in mind. It will be available only to
charities and will add to the existing range of forms that charities
can use.

The Office of the Third Sector (OTS) and the Charity Commission are
seeking responses to this consultation on the detailed legal framework
for CIOs from those who will use the CIO model and those who will work
with CIOs.

Background

Establishing a new corporate form designed specifically for charities
was a recommendation of the Strategy Unit which the Government
accepted. Provision was made for the CIO in the Charities Act 2006.

This is a joint consultation by the OTS (which is part of the Cabinet
Office) and the Charity Commission on the Secondary legislation that
is needed to complete the legal framework for the CIO. The
consultation is not about the CIO provisions in the Charities Act
2006.

Details of the proposals

The consultation document below explains the content of the draft
Secondary legislation and discusses some of the issues on which we
would particularly welcome comments.

Charities who want to enjoy the benefits of incorporation must
currently be regulated by both Companies House and the Charity
Commission. The CIO will only be regulated by the Charity Commission,
ensuring a considerable reduction in the regulatory burden.

As an incorporated body, one of the main benefits of the CIO is that
members are personally safeguarded from the financial liabilities it
incurs. However, in return for this protection there are a number of
additional responsibilities for the CIO, its trustees and members.
These include maintaining a register of trustees and members, and
making that and other information about the CIO publicly available.

Whilst the CIO will bring advantages for some, it will also bring new
obligations for others and will not be the right option for all
charities.

We have asked for responses to this consultation be sent to the Office
of the Third Sector but as this is a joint consultation they will be
shared with the Charity Commission.

Guide to the CIO consultation [PDF, 3 pages, 32KB]
http://www.cabinetoffice.gov.uk/~/media/assets/www.cabinetoffice.gov.uk/third_sector/CIO_consultation_guide%20pdf.ashx

Questions in the consultation

There are a number of issues on which we would welcome your views in
order to help us complete the legislative framework, including:
* what the minimum age for a trustee of a CIO should be
* the duty of care expected of a trustee of a CIO
* the accounting regime which should apply to CIOs
* the requirements for a CIO's constitution
* the requirement for a CIO to maintain a register of trustees and
members, and making this and certain other information available to
members of the public on request.

These and a number of other issues on which we would welcome your
views are set out in more detail in the consultation document.

Consultation documents
* The Charitable Incorporated Organisation: Consultation on the new
corporate form for charities [PDF, 30 pages, 274KB]
* Annex A - Draft Charitable Incorporated Organisations (General)
Regulations [PDF, 63 pages, 386KB]
* Annex B - Draft Charitable Incorporated Organisations (Insolvency
and Dissolution) Regulations [PDF, 41 pages, 254KB]
* Annex C - Draft Charity Tribunal (Amendment) Order [PDF, 3 pages,
74KB]
* Annex D - Draft model constitution for a Charitable Incorporated
Organisation (Foundation) [PDF, 16pages, 329KB]
* Annex E - Draft model constitution for a Charitable Incorporated
Organisation (Association) [PDF, 25 pages, 500KB]
* Annex F - The legislative framework for CIOs [PDF, 20 pages, 89KB]
* Annex G - Practicalities of setting up and operating a CIO [PDF, 6
pages, 43KB]
* Annex H - Draft Impact Assessment [PDF, 16 pages, 96KB]
(Download via link below)

Consultation events

The Office of the Third Sector and the Charity Commission are jointly
running four half day consultation events in London and Leeds on the
15th and 21st October on the CIO.

These events aim to provide the charity sector and their professional
advisors further opportunity to find out more about the proposed legal
form, discuss issues and contribute their views before final decisions
are made on the practicalities of the CIO. For further information and
to book a place please visit the website below or call COI Live Events
on 020 7261 8400:

For questions on the consultation, or to respond to the consultation,
please contact:

Helen Morgan
Addrs: 35 Great Smith Street, London, SW1P 3BQ
Phone: 0207 276 6031
Email address: cioconsultation at cabinet-office.x.gsi.gov.uk

Deadline

The consultation closes on 10 December 2008

http://www.cabinetoffice.gov.uk/third_sector/Consultations/current_consultations/cio.aspx