1
Application for Consent to Wind-up or
Dissolve a Charity
Section 16(2)(c) of the Charities and Trustee Investment
(Scotland) Act 2005
Q1. Charity registration details
Charity name *
Scottish Charity Number *
Please read
Making Changes to
your Charity
on
the OSCR website at
www
.oscr
.org.uk
before
completing this application form. This
form is
not
applicable
if
you are
applying
to
dissolve
a Scottish Charitable Incorporated Organisation (SCIO). 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 (*).
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Q1a. Charity contact details
OSCR must keep a register of charities known as the “Scottish Charity Register” (“the
Register”). Under the 2005 Act the Register must contain a separate entry for each
charity entered in it which contains the principal office of the charity, or where it does
not have such an office, the name and address of one of its charity trustees.
The principal office address can be your charity’s address, the address of a third party
acting on your behalf, or any other address you choose. However, it must be an
address at which you will be able to deal with all the official letters and notices you
receive from OSCR.
Where the charity does not have a principal office, then you should provide us with the
name and address of an individual who is a charity trustee.
OSCR will direct its communication to the principal office of the charity or the specified
charity trustee. Information received from OSCR should be shared with all the charity
trustees, as they are jointly responsible for managing the charity.
You must let us know if there are any changes to the details you have provided in this
section to make sure that the charity will continue to receive important information from
us, and that the information entered in the charity’s entry in the Register is up to date.
You can update these changes using OSCR online.
Charity contact details*
Title
First name
Last name
Position in the charity
Principal office address or trustee’s home address
Address*
Please enter P or T in the box to identify if this is the principal office or charity trustee’s address
Postcode*
3
Tel no.
Mobile no.
Email
We will usually contact you by email.
Q1b. Your charity’s website address (if you have one)
Q1c. New charity contact details
If the contact details have changed, have these been updated in OSCR online?
Yes
If yes what date were the changes made?
No
If no, tell us why you have not made the changes in OSCR online:
Q1d. Withholding the principal office or charity trustee name and address from the
Scottish Charity Register
Under Section 3(3)(b) of the 2005 Act each charity’s entry in the Register is required to
include the principal office of the charity or, where it does not have such an office, the
name and address of one of its charity trustees.
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Under section 3 (4) of the 2005 Act an organisation has the right to ask us not to publish its principal
office or trustee's name and address on the publicly available Scottish Charity Register.
We can only exclude the details from the Register if we believe that publishing this information is likely
to jeopardise the safety or security of any person or premises. We would not normally withhold an
address simply because it is a home address.
OSCR requires that the charity explores alternative options for the principal office of the charity or
name and address of one of its charity trustees, before we consider any request for withholding these
from the Register. For example, using an alternative charity trustees’ contact details or a P.O. Box.
If you consider that the address should not be shown on the Register, please explain why:
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Q2. Applicant details and/or correspondence address for this application
Please only enter details here if the applicant is not the same as the charity contact, or if
correspondence for this application should be addressed to a different address from the
charity contact address at Q1a.
Title First name
Last name
Address
Tel no.
Mobile no.
Email
Postcode
6
Q3. Powers
Please state which clause in your governing document will allow you to wind-up or dissolve the
charity.
If the governing document has no explicit provision but otherwise has the powers to wind-up or
dissolve (e.g. under the Companies Act) please provide the details.
Q4. Effective date of the winding-up or dissolution
Please state when you intend the proposed action to take effect (for example, this may be when your
next AGM takes place). At least 42 days’ notice is required under section 16 (4) of the 2005 Act.
Q5. Details of wind-up or dissolution
Q5a. Is this charity being replaced by a new charitable company or SCIO?
Yes No
If yes, provide the new charity name and number
Charity name
Number
Please now continue to complete the rest of the form.
Y
Y
Y
Y
M
D
D
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Q5b. If no, please state why the charity wishes to wind-up or dissolve
Q5c. Details of assets and liabilities
Using the table below, please provide us with full details of the assets and liabilities held by your
charity at the time of making this application (if any of the headings do not apply, please say so):
Type of asset
Statement required
Assets
held by charity
Cash at bank and in hand
All cash held in pounds
sterling
Land and buildings
List of all land and buildings
held with most recent
valuation if available
Motor vehicles
List of all motor vehicles held
with approximate market
valuation
Furniture, fixtures and fittings
List of all furniture, fixtures
and fittings (including
computer equipment) with
approximate market valuation
Shares
Name of each company in
which shares are held, with
number and type of shares
held and most recent
valuation if available
Investments
List of other investments held
(excluding shares) with cash
value or most recent valuation
Recoverable grants and loans
due to the charity
List of all grants and loans
due with their cash value
Tax reclaims due to the charity
Cash value of tax reclaims
due (including Gift Aid)
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Other debts due to the charity
List of any other amounts due
to the charity with their cash
value
Type of liability
Statement required
Liabilities of charity
Loans owed by the charity
(including bank loans and
loans to other organisations or
individuals)
Most recent statement of
balance in pounds sterling
Recoverable grants owed by
the charity
List of all grants held by the
charity which are to be
returned to the funder with
their cash value
Pension scheme
Most recent statement of
pension liability for the charity
in pounds sterling. This
should be as per the last
valuation of the pension
scheme
Hire purchase or leases
Most recent statement of
balance in pounds sterling
Tax owed by the charity
Cash value of tax owed
(including PAYE, National
Insurance contributions and
VAT)
Other debts owed by the
charity
List of any other debts owed
with their cash value
Q5d. Please provide details of any money or equipment which must be returned to grant-
giving bodies, funders or parent bodies under the terms of the original funding
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Q6. Distribution of assets
Please state the names and charity numbers (if applicable) of any organisations to whom remaining
assets will be distributed. If the organisation is not a charity, then please provide details of its
purposes. Please make sure that the proposed distribution of the remaining assets is in line with the
terms of your governing document.
Q7. Consent from other regulators
Please tell us if you are registered with any other regulators or other bodies, and if you require
consent from them in relation to the proposed winding up or dissolution.
Regulator name Reference number
Consent required?
(Please tick)
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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
It is an offence to knowingly provide incorrect information.
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 by one of the
trustees on behalf of all
Print name
Designation
Date
Checklist
Have you:
completed all the sections of the application form?
included a copy of your governing document?
signed and dated the form?
Please return the completed form and documentation to:
OSCR, 2nd Floor, Quadrant House, 9 Riverside Drive, Dundee DD1 4NY
M
Y
Y
Y
Y