You may decide not to wind up or dissolve the old charity but instead keep it in existence as a ‘legacy’ charity. The purpose of these charities is usually to receive legacies, for example money left in a Will and pass them to the new charity.
If so, you should make OSCR aware of your intention in the status application form for the new charity. If you leave the old charity as a legacy charity it will still need to meet all the requirements of being a charity. In particular the old charity will:
The legacy charity should consider if its governing document needs to be changed. The purposes and powers of the old charity will reflect what it was originally set up to achieve – for instance they may not cover transferring legacy funds to the new charity, and may need to be changed. Other aspects of the governing document may also need to be amended if they no longer fit the new role of the legacy charity, for example the provisions about membership and the holding of meetings.
To make changes to the charity’s purposes you will need our prior consent. Other changes should be made in line with the requirements of your charity’s current governing document and then notified to OSCR. See our guidance on changing charitable purposes for more information.