Charitable incorporated organisations (CIO)

The conversion regulations and other secondary legislation under the Charities Act are now in force

The conversion regulations provide for a charitable company or community interest company to convert to a charitable incorporated organisation (CIO). 

The conversion process enables the charity to continue to exist but in a different legal form. Charities can keep their existing name and charity number. High conversion is anticipated as a CIO is not a company and follows the Charities Act requirements rather than those for the Companies Act. Therefore, a CIO doesn’t have to register with and send accounts to Companies House; it sends accounts only to the Charity Commission. Conversion may be of greatest interest to smaller company charities who would follow Charity Act reporting requirements only, if they convert. 

The Charity Commission has announced a phased conversion timetable. It has stated that it will accept applications from the following dates for those charities converting from a charitable company to a charitable incorporated organisation:

 

Date Annual income    
Now    Less than £12,500    
1 March 2018    Between £12,500 and £25,000    
1 May 2018    Between £25,000 and £100,000    
1 June 2018    Between £100,000 and £250,000    
1 July 2018    Between £250,000 and £500,000    
1 August 2018    Greater than £500,000    

As a reminder, there are four common types of charity structure:

  • CIO – association or foundation
  • charitable company (limited by guarantee)
  • unincorporated association
  • trust.

Find more about the legislative changes; the secondary legislation SI 2017/1232, the Charitable Incorporated Organisations (Conversion) Regulations (in force from 1 January 2018); SI 2017/1231, the Charitable Incorporated Organisations (Consequential Amendments) Order; and SI 2017/1233, the Index of Company Names (Listed Bodies) (England and Wales) Order. 

As a reminder, there are four common types of charity structure:

  • CIO – association or foundation
  • charitable company (limited by guarantee)
  • unincorporated association
  • trust.

Find more about the legislative changes; the secondary legislation SI 2017/1232, the Charitable Incorporated Organisations (Conversion) Regulations (in force from 1 January 2018); SI 2017/1231, the Charitable Incorporated Organisations (Consequential Amendments) Order; and SI 2017/1233, the Index of Company Names (Listed Bodies) (England and Wales) Order. 

As a reminder, there are four common types of charity structure:

  • CIO – association or foundation
  • charitable company (limited by guarantee)
  • unincorporated association
  • trust.

Find more about the legislative changes; the secondary legislation SI 2017/1232, the Charitable Incorporated Organisations (Conversion) Regulations (in force from 1 January 2018); SI 2017/1231, the Charitable Incorporated Organisations (Consequential Amendments) Order; and SI 2017/1233, the Index of Company Names (Listed Bodies) (England and Wales) Order.