The Regulator for Charities in England and Wales


OPERATIONAL GUIDANCE

NAMES OF CHARITIES

EFFECT OF A DIRECTION

OG 18 B2 - 29 June 2001


Divisional responsibility

For action:

Charity Support Division
Registration Division


Contents

1. Provisions in governing document
2. New name
3. Rights or obligations

Meaning of expressions - list of Glossary terms used in this Guidance
Index to further related information

 

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1. Provisions in governing document

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Any provisions in the governing document of a charity setting out procedures for a change of name (such as a vote of the membership) are over-ridden by a direction of ours under s.6(4) of the 1993 Act.

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2. New name

 

A new name will have to be chosen for the charity. This is a matter for the trustees but the name will have to be approved by us. Before approval is given the proposed new name should be checked to ensure (so far as possible) that it is not caught by any of the provisions of s.6(2). (See this series C1 to C5).

 

If the name of a charitable company is not acceptable to Companies House they will refuse to issue a certificate of incorporation or a certificate of change of name. In those circumstances we cannot place the name on our Register.

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3. Rights or obligations

 

Any rights or obligations incurred by the charity in its old name are unaffected by the change of name. Similarly any legal proceedings commenced or continued (either for or against it) under its former name may continue to be actioned under its new name.

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The following words and phrases are defined in the Glossary of Terms:

 




1993 Act
Charitable company
Governing document
Trustees


Go to: Index to further related information