Important Changes to the Companies Act 2006
Many of you will already be aware of the changes to the Companies Act 2006 however Please note the following in respect of the impact the changes have for those with charitable status.
On 1 October 2009, the Companies Act 2006 introduced changes to the format of companies governing documents (the Memorandum and Articles of Association). The Articles now include the company's objects and liabilities, which were previously found in the Memorandum.
This change effects:
- companies making new applications for charitable status
- existing charitable companies who are applying to OSCR for consent to change their Memorandum and Articles of Association
- charities wishing to change their legal form to a company.
OSCR are now seeing new applications and requests for consent in the new format. However, they are still receiving a small number in the old format which may create problems and delays for applicants. Therefore applicants should make sure that applications for status or consent use the correct format of Memorandum and Articles of Association.
Where possible, they prefer applications to contain draft Articles of Association so that any amendments they require can be made quickly and easily.
The OSCR website has further information about how these changes effect new applications for charitable status and existing charities that require consent to make changes.
It is important that OSCR hold the latest copy of the Memorandum and Articles of Association, which is also the same version that is held at Companies House.
Model versions of the new style Memorandum and Articles of Association can be found at the following websites:
For more information about the changes to the Companies Act 2006 please contact Companies House at:
Helpline: 0303 1234 500
Email: enquiries@companies-house.gov.uk.
