C1 Transferring assets from unincorporated charity to CIO – which power to use…
1. Have the trustees already set up new CIO?
Yes – go to 2 No – go to 1A
1A. Are they transferring to an existing CIO?
Yes – go to 2 No – set up new CIO ready to transfer assets then go to 1
2. Does the unincorporated charity have permanent endowment as all or part of its assets?
Yes – go to 3 No – go to 4
3. Do they want to transfer just their non-PE property?
Yes – go to 4 No – go to 9
4. Can the charity gift/transfer assets as part of its objects to another charity with the same of substantially similar objects?
Yes – go to 5 No – go to 6
5. Do they also want to use a pre-merger vesting declaration (s310)?
Yes – Transfer the property to the CIO – must inform us and go on the Register of Mergers – can't keep a shell charity
No – Transfer the assets to the new CIO and dissolve the old charity unless they're keeping it as a shell charity
6. Do they want to use s267 to transfer property?
Yes – go to 7 No – go to 8
7. Do they also want to use a s310 pre-merger vesting declaration?
Yes – Transfer the property to the CIO – must inform us and go on the Register of Mergers – can't keep a shell charity
No – Transfer the assets to the new CIO and dissolve the old charity unless they're keeping it as a shell charity
8. Do they want to use a s310 pre-merger vesting declaration?
Yes – Transfer the property to the CIO – must inform us and go on the Register of Mergers – can't keep a shell charity
No – Out of options…use a different method to transfer the property
9. Do they want to use s267/273 to transfer all their property?
Yes – go to 10 No – go to 11
10. Has the resolution been passed by 2/3 majority?
Yes – Transfer the property – if dissolving the old charity, notify us using online form
No – Can't make the transfer…
11. Will they use s310 pre-merger vesting declaration as modified by regulation 62 of the General Regulations?
Yes – go to 12
No – Out of options…use a different method to transfer the property
12. Has the resolution been passed by a 2/3 majority?
Yes – Transfer all the property including PE – the trust property (PE) and the CIO become a single charity and the CIO becomes a trust corporation – must inform us and go on the Register of Mergers – can't keep a shell charity
No – Can't make the transfer…