INTERIM OPERATIONAL GUIDANCE

POSTPONEMENT AND ADJOURNMENT OF GENERAL MEETINGS

MODEL WORDING: s.26 ORDER AUTHORISING POSTPONEMENT OF AGM AND EXTENSION OF TRUSTEES' TERMS OF OFFICE

OG int 32 A2 - 31 July 2003

Divisional responsibility

For action:

Regulation & Enablement Division (RED)

For information:

All other operational divisions

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ORDER OF

THE CHARITY COMMISSIONERS FOR ENGLAND AND WALES

to authorise the postponement of the annual general meeting and the extension of the terms of office of the trustees under the power given in section 26 of the Charities Act 1993.

ORDER

1.

In this order:

"the governing document" means [ ].

"the meeting" means the annual general meeting of the charity.

"the trustees" means [the trustees] [the members of the committee of management] of the charity.

2.

The trustees have represented to the Commissioners that:

(1)

the governing document provides that:

(a)

the meeting must be held not later than [insert date] in each year; and

(b)

all the trustees shall be appointed at the meeting, and the trustees’ terms of office shall end on [insert date] in the year following that of the meeting at which they were appointed, or at the end of the meeting following that at which they were appointed, whichever first occurs.

(2)

for reasons which have been explained to the Commissioners, the trustees consider it appropriate to postpone the meeting due to be held by [insert date].

3.

Being satisfied that it is expedient in the interests of the charity that the trustees should do so, the Commissioners authorise, subject to clause 6 below:

(1)

the trustees to postpone the meeting due to be held by [insert date]; and

(2)

the trustees to continue in office until the end of the postponed meeting.

4.

The Commissioners direct, subject to any further direction in writing, that:

(1)

the postponed meeting must be held within six months from the date of this order;

(2)

the trustees shall publish a copy of this order to all the persons who, at the date of the order, are entitled to participate in the appointment of new trustees at the meeting.

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