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Application for approval of a charity reorganisation scheme

 

Please read the Reorganisation of your charity section on our website before completing this application form. Some of the information you give in this form will become publicly available on the Scottish Charity Register.

Charity information
The Scottish Charity Number starts 'SC0' and can be found on the Scottish Charity Register.
Applicant information
If you are applying on behalf of a charity, please state your position and the organisation you represent.
Details of the Reorganisation Scheme
What type of reorganisation scheme are you are applying for?
This is likely to be a draft supplemental deed or draft deed of variation.

Reorganisation Conditions and Outcomes 

OSCR may approve a reorganisation scheme proposed by a charity if it considers that at least one of the specified reorganisation conditions AND the reorganisation outcome associated with these conditions is also met.  

Please refer to the Charity Reorganisation Guidance for further information about conditions and outcomes. 


Reorganisation Conditions

Your application should set out the reasons why it is considered that one or more of the reorganisation conditions in section 42(2) of the 2005 Act have been met.

If the charity trustees consider that a condition set out below is met please:

  • indicate which condition(s) is met; and 
  • explain why the charity trustees consider the condition(s) is met.

The following conditions all relate to problems with the charity’s current purposes.

Have some or all of the purposes of the charity have been fulfilled as far as possible or adequately provided for by other means?
Can some or all of the charity’s purposes no longer be given effect to (whether or not in accordance with the directions or spirit of its constitution)?
Have some or all of the charity’s purposes ceased to be charitable purposes?
Have some or all of the charity’s purposes ceased in any other way to provide a suitable and effective method of using its property, having regard to the spirit of its constitution?
Have the purposes of the charity provided a use for only part of its property?

The following conditions all relate to the possible ways in which other aspects of the constitution may no longer be considered appropriate:

Can a provision of the charity’s constitution (other than a provision setting out the charity’s purposes) no longer be given effect to, or is it otherwise no longer desirable?
Is it desirable to introduce a new provision to the charity’s constitution (other than a provision setting out a new purpose)?

Reorganisation outcomes

Based on the conditions you provided, OSCR must also be satisfied that the outcome of the reorganisation will enable the resources of the charity to be applied to better effect for charitable purposes consistently with the spirit of its constitution, having regard to changes in social and economic conditions since it was constituted.

Based on the conditions you provided, OSCR must also be satisfied that the outcome of the reorganisation will enable the charity to be administered more effectively.

Financial information

Please use numbers only, no other characters are required.

If the annual income of the charity was over £250,000 a notice will need to be published in a newspaper. Please see the Charity Reorganisation Guidance for further information. A draft copy of the charity’s advert should be provided with this Application Form. 

This section only needs completed if the proposed reorganisation scheme involves the transfer of the property of the charity to another charity or if you are unable to supply a copy of the charity’s most recent statement of account.

Data protection statement

OSCR is a registered data controller in terms of the Data Protection Act 2018. Any information you give us will be held securely and in accordance with the rules on data protection. OSCR processes information only in accordance with its statutory regulatory functions under the Charities and Trustee Investment (Scotland) Act 2005, and to inform research into the charity sector in Scotland. Information may be shared with other regulatory bodies including HMRC, and selected information will appear on the Scottish Charity Register.

Further information about data protection is available on the OSCR website.


Declaration

It is an offence to knowingly provide incorrect information. You may be committing an offence if you give an answer that you know is untrue or misleading. 

 

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