Charity application (forked from Wikimeet)

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Charity application (forked from Wikimeet)

Chris Keating-2
In the Wikimeet thread, Gordon said:

> Here is my question in advance: when will WMUK become a registered
> charity, and what will you do to accelerate that process?

As if reading Gordon's mind, the Charity Commission sent us a letter
yesterday. This was in response to our lawyers' letter to them of some
weeks ago.

The Commission's reply was more positive than previously and suggested
specific areas in which our current Objects could be changed to enable
us to become a charity. They also asked more questions about how our
activities fit in with charity law.

We will now, with our lawyers, answer those questions and begin
working on a revised set of objects which we hope to agree with the
Commission in the coming weeks. When this is concluded, this will
require an EGM to approve the amended objects.

The changes to the Objects will very likely be quite technical - i.e.
they will be aimed at clarifying our claim to charitable status under
English law, rather than changing our actual nature as an
organisation.

What involvement the Chief Executive has in this process depends on
how quickly we make progress with the Commission (and how quickly they
respond to letters is down to them, not us) - but hopefully the Chief
Exec will be appointed towards the end of the process.

Regards,

Chris
Wikimedia UK Board

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Re: Charity application (forked from Wikimeet)

Gordon Joly
On 06/09/2011 08:50, Chris Keating wrote:

> In the Wikimeet thread, Gordon said:
>
>> Here is my question in advance: when will WMUK become a registered
>> charity, and what will you do to accelerate that process?
> As if reading Gordon's mind, the Charity Commission sent us a letter
> yesterday. This was in response to our lawyers' letter to them of some
> weeks ago.
>
> The Commission's reply was more positive than previously and suggested
> specific areas in which our current Objects could be changed to enable
> us to become a charity. They also asked more questions about how our
> activities fit in with charity law.
>
> We will now, with our lawyers, answer those questions and begin
> working on a revised set of objects which we hope to agree with the
> Commission in the coming weeks. When this is concluded, this will
> require an EGM to approve the amended objects.
>
> The changes to the Objects will very likely be quite technical - i.e.
> they will be aimed at clarifying our claim to charitable status under
> English law, rather than changing our actual nature as an
> organisation.
>
> What involvement the Chief Executive has in this process depends on
> how quickly we make progress with the Commission (and how quickly they
> respond to letters is down to them, not us) - but hopefully the Chief
> Exec will be appointed towards the end of the process.
>
> Regards,
>
> Chris
> Wikimedia UK Board
>

I assume that most Members are likely to support these type of changes,
for a smooth passage.... LOOKING GOOD!

Interesting to read that a change of objects (company "rules") is
needed, when I assumed that the company limited by guarantee (WMUK) was
formed to allow a quick and painless transition to registered charity
status.

You may also recall that I suggested a while back that the company could
be formed as a registered charity at inception.... but reflecting I
recall that that path was delayed by the law not being enacted (although
it was in a Bill?).

I will have to look that up....

Gordo




--

Gordon Joly
[hidden email]
http://www.joly.org.uk/
Don't Leave Space To The Professionals!


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Re: Charity application (forked from Wikimeet)

Thomas Dalton
On 6 September 2011 09:52, Gordon Joly <[hidden email]> wrote:
> I assume that most Members are likely to support these type of changes,
> for a smooth passage.... LOOKING GOOD!

I agree, I don't anticipate any real controversy.

> Interesting to read that a change of objects (company "rules") is
> needed, when I assumed that the company limited by guarantee (WMUK) was
> formed to allow a quick and painless transition to registered charity
> status.

The objects are just one tiny bit of the rules. It's the bit that says
what the purpose of the company is. I don't believe any of the
procedural stuff is changing.

> You may also recall that I suggested a while back that the company could
> be formed as a registered charity at inception.... but reflecting I
> recall that that path was delayed by the law not being enacted (although
> it was in a Bill?).
>
> I will have to look that up....

"Charitable Incorporated Organisation (CIO)" is what it was going to
be called, if memory serves. The law was passed, but it hadn't come
into force last time I checked. They were still going through various
consultation processes to work out the details. I haven't checked
recently, though. It was supposed to be done in such as way that it
would be easy to transition from a Company Limited by Guarantee to a
CIO, so if it has/does come into force, it is still an option. It
would reduce the amount of paperwork, primarily (you only need to file
with the Charity Commission, not the Charity Commission and Companies
House).

Being a CIO wouldn't make it any easier to get Charity Commission
approval, as far as I know. It might well mean you can't do anything
until you get it, though, which would be a bit of a problem!

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