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…