Fillable Application for Approval of a Restricted Funds Reorganisation (OSCR Scottish Charity Register)

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Application for Approval of a Restricted Funds Reorganisation (OSCR Scottish Charity Register)

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The Application for Approval of a Restricted Funds Reorganisation (OSCR Scottish Charity Register) form is 18 pages long and contains:

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  • 72 other fields

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1
Application for Approval of a Restricted
Funds Reorganisation
Section 43A of the Charities and Trustee Investment
(Scotland) Act 2005
Q1. Charity registration details
Charity name*
Scottish Charity Number*
Please read
‘Restricted Funds Reorganisation’
on
the OSCR website at
www
.oscr
.org.uk
before
completing this application form.
Some
of
the information you give
in
this form
will
become
publicly
available
on
the Scottish Charity Register
.
These sections are marked
below
with
an asterisk (*).
2
Postcode*
Q1a. Principal contact details*
If the charity has a principal office, please state this address, along with the name of one of the
charity trustees (for example, a member of the board of directors or management committee), or
other relevant person (for example the manager) as the principal contact. If the charity does not have
a principal office you MUST enter the name and address of one of the charity’s trustees. If the charity
trustee’s name and address are given, the name and address will be shown on the Scottish Charity
Register (the Register). This is required by the Charities and Trustee Investment (Scotland) Act 2005
(‘the 2005 Act’), unless the charity considers that section 3(4) of the Act applies (see Q1d). If you are
a Scottish Charitable Incorporated Organisation (SCIO) then your principal office address must be in
Scotland.
Principal contact details*
Title
First name
Last name
Position in the charity
Principal office or trustee’s address
Address*
Tel no.
Fax no.
Mobile no.
Email (we will contact you by email about
your application unless you ask us not to)
Please enter P or T to identify if this is the principal office or charity trustee’s address
Select...
3
Q1b. Your organisation’s website address (if you have one)*
Q1c. New pri
ncipal contact details
If the principal contact details (or the principal office if you are a SCIO) entered under question 1a
are different from those in the Register, please confirm here and please state when this change took
effect.
Q1d. Withholding
the principal contact or principal office details from the
Scottish Charity Register
Please state if you wish to withhold the principal contact or principal office details from the charity’s
entry on the Register. We can only exclude the principal office details from the Register if we believe
that publishing this information would be likely to jeopardise the safety or security of any person or
premises. Please refer to section 3(4) of the 2005 Act.
Continue on a separate sheet if necessary.
4
Select...
Q2a. Applicant details and/or correspondence address for this application
Please only enter details here if the applicant is not the same as the principal contact, or if
correspondence for this application should be addressed to a different address from the principal
contact address above.
Title First name
Last name
Address
Tel no.
Fax no.
Mobile no.
Email address (we will contact you
by email unless you ask us not to)
Q2b. Authority of the Applicant
If this application is not being made by a formally recognised charity trustee, please provide
details below, explaining your connection to the charity.
Postcode
Select...
5
Q3a. Type of Restricted Funds Reorganisation
There are 2 types of Restricted Funds Reorganisation. Please indicate which type of scheme
you are applying for (if you are applying for both schemes tick both boxes):
A variation of the purpose for which restricted funds may be used and/or
The variation or removal of any condition imposed on the charity in relation to the use of
the restricted fund.
Q3b. Background to Proposed Reorganisation
Please provide details of the restricted funds you wish to reorganise. Please provide the name of
the fund/s, a statement setting out the specific purpose for which the restricted funds were given
to the charity and the restrictions that have been imposed as to the use of the restricted fund/s.
Q4. Reasons for Proposed Reorganisation
Please explain what changes you wish to make and why you wish
to make the changes.
6
Q5. Reorganisation Conditions and Outcome
OSCR may approve a restricted funds reorganisation if it considers that at least one of the
specified reorganisation conditions AND the reorganisation outcome is met.
Reorganisation Conditions
Your application should set out the reasons why it is considered that one or more of the
reorganisation conditions in section 43A(2)(a) or (b) of the 2005 Act have been met;
5(a)
(i) P
lease indicate
w
hich condition(s)
i
s
m
et;
an
d
(ii) explain why
the charity trustees consider the condition(s) is
met:
Condition
Reason/s why condition is met
that some or all of the
purposes of the restricted
funds have been fulfilled as
far as possible or
adequately provided for by
other means
that some or all of the
purposes of the restricted
funds can no longer be
given effect to (whether or
not in accordance with the
directions or spirit of the
restricted funds purpose)
that some or all of the
purposes of the restricted
funds have ceased to be
charitable purposes
that some or all of the
purposes of the restricted
funds have ceased in any
other way to provide a
suitable and effective
method of using the funds,
having regard to the spirit
of its purposes
that the purposes of the
restricted funds provide a
use for only part of its
Please refer to sections 4 and 5 of the ‘Reorganisation of Restricted Funds’ for
further information about conditions and outcomes.
property
7
Reorganisation Outcome
Your application should set out the reasons why the charity considers that the proposed
reorganisation scheme will achieve t
he following outcome:
The reorganisation must 'enable the resources of the restricted funds to be applied to better effect for
charitable purposes consistently with the charity's constitution'. (Section 43A (1)(a)(ii) of the 2005 Act )
Reasons why the reorganisation will achieve this outcome:
8
Q6. Assets in the Restricted Fund
Please confirm, at the date the application is made, the balance of the restricted funds' assets and,
for the preceding financial year, the incoming resources and resources expended.
If the fund comprises property of more than £1million or has a gross annual income of more than
£100,000, an advert must be placed in a newspaper or periodical. The required text for the advert
is at Appendix 1.
Q7. Statement of assets and liabilities
Do the restricted funds include and land, buildings
or shares in a private limited company?
If 'Yes', please provide details.
Yes
No
9
Data protection statement
OSCR is a registered data controller in terms of the Data Protection Act 1998. Any information you
give us will be held securely and in accordance with the rules on data protection. OSCR processes
information only in accordance with its statutory regulatory functions under the Charities and
Trustee Investment (Scotland) Act 2005, and to inform research into the charity sector in Scotland.
Information may be shared with other regulatory bodies including HMRC, and selected information
will appear on the Scottish Charity Register. Further information about data protection is available
on the OSCR website.
Declaration
You may be committing an offence if you give an answer that you know is untrue or
misleading.
I certify that the information entered in this form is correct to the best of my knowledge.
I confirm that the information entered has been approved by the charity trustees and I am
authorised to submit this information.
Signed on behalf of
the charity
Print name
Designation
Date
Checklist
Have you:
• completed all the sections of the application form?
• included signed statement confirming the charity has been unable to ascertain
• included a copy of the draft advertisement? (if applicable)
• signed and dated the form?
• included draft
resolution of the trustees which will give effect to the
Please return the completed form and documentation to:
OSCR, 2nd Floor, Quadrant House, 9 Riverside Drive, Dundee DD1 4NY
D D M M
Y Y Y Y
the wishes of the donor? (Appendix 2)
reorganisation? (Appendix 3)
Appendix 1
Schedule to the Charities Restricted Funds Reorganisation (Scotland)
Regulations 2012
FORM OF NOTICE OF PROPOSED RESTRICTED FUNDS
REORGANISATION SCHEME
“[insert the name of the charity as entered in the Scottish Charity
Register] ( [insert the registered number allocated to the charity]) has
applied to the Office of the Scottish Charity Regulator (“OSCR”) for
approval of a restricted funds reorganisation scheme. Details of the
proposed reorganisation scheme may be obtained from OSCR’s website
(www.oscr.org.uk), or by writing to OSCR [insert OSCR’s postal
address]. Anyone who wishes to make representations to OSCR may do
so in accordance with regulation 7 of the Charities Restricted Funds
Reorganisation (Scotland) Regulations 2012. All representations must
reach OSCR not later than [insert the deadline for making
representations to OSCR, as specified in the notice on OSCR’s
website].”
Appendix 2
Proforma for statement conforming to the requirements of Regulation 4
(wishes of donor). Please complete and sign the following declaration and
submit it with your application for reorganisation of a restricted fund.
We the trustees of ................................................................................. [charity
name] hereby declare that we have been unable to ascertain the wishes of
the donor(s) in respect of .................................................................................
[name of restricted fund]. This is because [tick whatever is applicable]
The donor/donors is/are no longer living
The donor/donors are unknown and/or not contactable
The donor was a corporate body which has since dissolved
Other reason- please
explain;
......................................................................................................
......................................................................................................
......................................................................................................
......................................................................................................
......................................................................................................
......................................................................................................
......................................................................................................
Provide a brief statement providing evidence in support of your
declaration outlining any steps you have taken to confirm these facts:
…………………………………………………………………………………
……..........................................................................................................
.................................................................................................................
.................................................................................................................
.................................................................................................................
.…………………………………………………………………………………
…….……………………………………………………………………………
…………………………………………………………………………………
………….............................……..............................................................
Signed (authorised signatory on behalf of trustees)
…………………………………………
Date …………………………………
Appendix 3
Draft trustee resolution to give effect to the restricted funds reorganisation
“The trustees of ................................................................................. [Name of
charity etc] have applied to the Office of the Scottish Charity Regulator under
section 43A of the Charities and Trustee Investment (Scotland) Act 2005 for a
restricted funds reorganisation.
Please enter the following information in the space provided below:
• Details of the restricted fund, including when and where created, its
purpose, conditions etc.
• Details of donor and efforts to ascertain the wishes of the donor
• Details of the scheme which has been applied for
We the trustees hereby declare that we have resolved to vary the purpose of the
fund; and/or remove the condition(s) imposed, as follows:
...............................................................................................................................
...............................................................................................................................
...............................................................................................................................
...............................................................................................................................
subject to OSCR’s approval.
Signed (authorised signatory on behalf of trustees)
……………………………………………….. Date
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Completed 8 January 2021

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