Amending governing documents for Charitable Companies
One of the challenges for charities during COVID-19 has been how to hold meetings including Annual General Meetings. The best option that many charities have chosen is by holding virtual meetings and AGMs and you should look at your governing document (this may be your constitution, trust deed or memorandum and articles of association) and see whether or not it permits you to hold meetings virtually. If it doesn’t, you should amend it as soon as you can and many charities have already done so. You don’t need permission form OSCR to do this however you must let us know within 3 months of the changes being made.
A key reminder is that if your charity is also a company, you also must send your amended Articles of Association to Companies House within 15 days of the resolution being passed. This is a legal requirement and we’re finding that a significant number of charitable companies who have notified OSCR, have yet to notify Companies House.
More information about making changes to your charity and advising OSCR of changes can be found here and FAQs for changing your governing document to allow for virtual meetings can be found here.