Converting a charity to a charitable incorporated organisation

• The charitable incorporated organisation should overcome some of the disadvantages of companies limited by guarantee.
• The CIO has two forms: foundation and association.
• The organisation must have charitable aims and meet the public benefit test.
• Understanding the conversion process.
• Taxation on conversion to a charitable incorporated organisation.

Although a registered charity need not take a particular legal form increasingly many charities have chosen an incorporated structure due to the greater legal protection afforded as well as the commercial advantages that are perceived to exist by having an incorporated structure.

Many incorporated charities have adopted the company limited by guarantee form. However it has been recognised for some time that although the limited company structure has many benefits there are drawbacks for its use by charities. Notably:

• the dual regulation of charitable companies under both the Companies Act and the Charities Acts which has discouraged many...