OPERATIONAL GUIDANCE

Unincorporated charities

Declaration: Charities Act 1993 as amended by the Charities Act 2006 - Declaration on behalf of the Trustees of a small unincorporated charity who have passed a resolution to change all or some of the purposes of their charity under 74C

OG 45 B2 – 18 March 2008

Purpose

This guidance reproduces the public declaration form CSD-1346B, which is also available on our web site on the Apply for it page.

Functional responsibility

For action

Charity Support

For information

All operational staff

Contents

Notes to the form
Section 1 Charity details
Section 2 Trustee’s certification
Section 3 For Charity Commission use only

Index to further related information

Notes to the form
	The information provided in this form will help us to consider whether we have an objection to the trustees’ resolution. Please ensure that it is completed accurately because the trustees remain responsible for the decisions they have made after the charity’s property has been transferred and we may need to make enquiries about any action they have taken.
	Warning to signatories: It is an offence to knowingly or recklessly provide false information to the Charity Commission. If in doubt about completing this form, you should seek our advice.
	Before completing this form you should read our guidance note: New Purposes for Small Charities (CSD 1346A) (also available as OG 45 B1).
	In this form trustees means charity trustees. Charity trustees are the people who serve on the governing body of a charity. They may be known as trustees, directors, board members, governors or committee members. Charity trustees are responsible for the general control and management of the administration of a charity.
	How should this form be signed?
	This form can be signed by:
	(a) one of the trustees; or
	(b) some other person having full knowledge of the facts, such the clerk or secretary to the trustees, who signs on the trustees’ behalf.
	The person who signs the form should indicate in what capacity they sign.

Section 1 Charity details
	Charity registration number (if registered)
	Charity registration number (if registered) or
	Charity Commission reference (if not registered)
	Charity name
	Place (if applicable)
	County (if applicable)

Section 2 Trustee’s certification
	I CERTIFY as follows:
		(a) The following resolution was passed by a majority of not less than two-thirds of the trustees who voted on it at a properly constituted meeting of the trustees/in a postal ballot allowed by the charity’s governing document:
	Please enter the resolution the trustees have passed. You can use a separate sheet if necessary
	Date resolution was passed.
		(b) The trustees are satisfied that they have been properly appointed in accordance with the governing document of the charity.
		(c) The gross income of the charity in its last full accounting period was not more than £10,000.
		(d) The charity does not hold land that is held upon trusts that require it to be used for any or all of the purposes of a charity.
		(e) The charity is not a company or other type of body corporate.
		(f) The trustees are satisfied that:
			(i) it is in the best interests of the charity for the purposes referred to in the resolution to be replaced; and
			(ii) the new purposes consist of or include purposes that are similar in character to those that are to be replaced and are as close to them as is practical in the circumstances.
		(g) The trustees passed the resolution for the following reasons:
	Use a separate sheet if necessary
		Certificate signed by:

	Name
	Capacity
	Signed		Date

		Now send this completed form and the associated documents to:
		Charity Commission Direct PO Box 1227 Liverpool L69 3UG
		If you have e-mail access we can deal with your request more quickly. Please send the documents to:
		enquiries@charitycommission.gov.uk

Section 3 For Charity Commission use only
	The Charity Commission has no objection to this resolution, which will come into effect on the date shown.

	Signed		Date

Index to further related information