Fillable Application for Transfer of SCIOs Undertaking (OSCR Scottish Charity Register)

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Application for Transfer of SCIOs Undertaking (OSCR Scottish Charity Register)

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The Application for Transfer of SCIOs Undertaking (OSCR Scottish Charity Register) form is 7 pages long and contains:

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1
Application for Transfer of SCIO’s Undertaking
Section 61 of the Charities and Trustee Investment (Scotland)
Act 2005
Please read our guidance publication, ‘SCIOs: A Guide’, when completing this application
form.
SCIO name
1. Charity registration details
Scottish Charity Number
Applicant details and correspondence address for this application
Title First name
Last name
Address
Tel no.
Fax no.
Mobile no.
Email (we will contact you
by email unless you ask us not to)
Postcode
22
2. Assets
Using the headings in Appendix 3, please provide us with full details of the assets held by the SCIO
at the time of making this application.
Please tell us whether any of the charity’s property or assets were provided for by grant funding. If so,
have you sought the permission of the funder to transfer these assets or are you obliged to return any
of the assets to a grant-giving body under the terms of the funding agreement. If so, please list these
assets and provide details of the body to whom they must be returned.
3 (a). Liabilities
Using the headings in Appendix 3, please provide details of all of the SCIO’s liabilities at the time of
making this application (continue on a separate sheet if necessary).
3
3 (b). Liabilities
Please provide details of contracts with temporary or permanent employees, including arrangements
to transfer these to the new SCIO, in accordance (where required) with TUPE (the Transfer of
Undertakings (Protection of Employment) Regulations 2006)
4
4. Proposed recipient of SCIO’s undertaking
Please provide the name and charity number of the SCIO to which your members have agreed to
transfer the undertaking.
5. Storage of accounting records
Section 44(2) of the Charities and Trustee Investment (Scotland) Act 2005 states that proper
accounting records must be preserved by the charity for 6 years from the end of the nancial
year to which they relate. We therefore ask you to conrm the name and address of the person or
organisation who will store these accounting records.
First name
Last name
Address
Postcode
6. Data protection statement
Q8. Signature and data protection statement
Data protection
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.
5
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 conrm 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
D D M M Y Y Y Y
Document Checklist
Have you:
•
Completed all sections of the application form, including Appendices 1 and 2?
• Enclosed a copy of a resolution of the SCIO’s members agreeing to the Transfer of
Undertaking?
• Ensured that the resolution of the transfer or SCIO has been passed by a two-thirds
majority of those voting at general meetings of each SCIO, or unanimously by the
SCIOs’ members otherwise than at a general meeting?
• Enclosed a copy of a resolution from the recipient SCIO agreeing to accept the
properties, rights and liabilities of the SCIO?
• Ensured that the resolution of the transferee has been passed by a two-thirds
majority of those voting at general meetings of each SCIO, or unanimously by
the SCIOs’ members otherwise than at a general meeting?
Please return the completed form and documentation to:
OSCR, 2nd Floor, Quadrant House, 9 Riverside Drive, Dundee DD1 4NY
We will acknowledge your application within 14 days of receipt.
6
Resolution to transfer the undertaking of
a SCIO
Section 61 of the Charities and Trustee Investment (Scotland)
Act 2005
SCIO name
Scottish Charity Number
Appendix 1
Date resolution was passed
1
D D M M Y Y Y Y
Members of the above-named SCIO have resolved that, subject to the consent of OSCR, the SCIO
will:
• Transfer the properties, rights and liabilities of the SCIO to
Name of proposed recipient:
Charity Number:
AND
• Be removed from the Scottish Charity Register and dissolved.
The resolution was passed by/supported by (delete as appropriate)
(a) A two-thirds majority of those voting at a general meeting of the SCIO (including those
voting by proxy or by post, if voting that way is permitted by the constitution), or
(b) Unanimously by the SCIO’s members, otherwise than at a general meeting.
1
Name of charity trustee Signature of charity trustee Date
1 If the resolution was passed at a general meeting, insert the date of that meeting. If it was passed otherwise than at a
general meeting, insert the date on which the last member voted on the resolution.
7
Resolution to accept transfer of undertaking
of a SCIO
Section 61 of the Charities and Trustee Investment (Scotland)
Act 2005
SCIO name Scottish Charity Number
Appendix 2
Date resolution was passed
1
D D M M Y Y Y Y
Members of the above-named SCIO have resolved that, subject to the consent of OSCR, the SCIO
will:
Accept the properties, rights and liabilities of
Name of transfer or SCIO:
Charity Number:
The resolution was passed by/supported by (delete as appropriate)
(a) A two-thirds majority of those voting at a general meeting of the SCIO (including those
voting by proxy or by post, if voting that way is permitted by the constitution), or
(b) Unanimously by the SCIO’s members, otherwise than at a general meeting.
1
Name of charity trustee Signature of charity trustee Date
1 If the resolution was passed at a general meeting, insert the date of that meeting. If it was passed otherwise than at a
general meeting, insert the date on which the last member voted on the resolution.
8
Appendix 3
Type of asset Statement Required
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, xtures and ttings List of all furniture, xtures and ttings (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)
Other debts due to the charity List of any other amounts due to the charity with
their cash value
Type of liability Statement Required
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
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Application for Transfer of SCIOs Undertaking (OSCR Scottish Charity Register)

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Completed 8 January 2021

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