Fillable Application for conversion into a SCIO: notices of (OSCR Scottish Charity Register)

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Application for conversion into a SCIO: notices of (OSCR Scottish Charity Register)

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Application for conversion into a SCIO: notices of
resolution for registered societies and community benefit
societies.
What resolutions must we pass?
Registered societies and community benefit societies (societies) which wish to
convert into a SCIO must pass two resolutions prior to applying to OSCR for
conversion. Copies of the notices of those resolutions must accompany your
application for conversion.
The two resolutions are:
1. A resolution of the society that it be converted into a SCIO
This must be a special resolution of the society (as required by the Co-operative and
Community Benefit Societies Act 2014 (2014 Act),
2. A resolution of society adopting the proposed constitution of the SCIO
Section 56 of the Charities and Trustee Investment (Scotland) Act 2005 (the 2005
Act) and section 52 of the 1965 Act set out the full details of the requirements for
passing these resolutions. Please be aware that these requirements may differ to
those set out in your Rules.
Using the template notices of resolution
OSCR has developed template notices of resolution to help you meet the
requirements of the 2005 and 2014 Act. You are not required to use these
templates, however if you do not, you must ensure that the resolutions you pass
meet the requirements of the 2005 and 2014 Act.
The template notice of resolution adopting the proposed SCIO constitution allows for
the constitution to be amended in order to meet the requirements of the 2005 Act
and The Scottish Charitable Incorporated Organisations Regulations 2011 if, after
assessing your application, we advise you this is necessary. This avoids the need
for you to hold a further meeting to adopt an amended constitution.
You should use the template resolutions in the following way:
1. Resolution 1: resolution that the society be converted into a SCIO
Special resolution –Template A
To pass a special resolution, you must hold two separate general meetings. At the
first meeting, the resolution must be passed and then at the second meeting, that
decision must be confirmed. The two general meetings must meet the requirements
of the 2014 Act; these requirements are detailed in Template A (including the
footnotes).
2. Resolution 2: resolution adopting the proposed constitution of the SCIO
This is an ordinary resolution of the society (unless the society Rules require a
special resolution) which may be passed either at a general meeting or by way of
written resolution of the members.
Use Template B for this resolution.
Template A
Notice of special resolution to convert a charitable registered
society or community benefit society into a SCIO
Section 56 of the Charities and Trustee Investment (Scotland) Act 2005
PLEASE USE BLACK INK WHEN COMPLETING THIS FORM
Name of charity
Scottish Charity Number
Financial Conduct Authority
Reference Number
Date resolution was passed
1
Members of the above named charitable registered society or community benefit
society (society) have resolved, by special resolution, that it be converted into a
Scottish Charitable Incorporated Organisation (SCIO).
The special resolution was passed as follows:
(a) At a general meeting on [insert date of first meeting] at which at least 50%
of the members of the society voted (in person, or by proxy
2
) and, of the
members voting, at least 75% voted in favour of the resolution; and
(b) At a subsequent general meeting on [insert date of second meeting
3
] at
which at least 50% of the members voting (in person, or by proxy
1
) confirmed
the resolution passed at the general meeting referred to at paragraph (a)
above.
Signed by chair/secretary
4
:
Name
Signature
Designation
Date
1
This is the date of the second general meeting referred to in paragraph (b).
2
Only include reference to proxy votes if the Society’s Rules allow voting by proxy.
3
The date of the subsequent general meeting must be at least 14 days and not more than 1 month
after the date of the previous general meeting.
The special resolution is required, by the Co-operative and Community Benefit Societies Act 2014,
to be signed by the chair of the second meeting and countersigned by the society’s secretary.
Template B
Notice of resolution to adopt the proposed constitution of a SCIO
Section 56 of the Charities and Trustee Investment (Scotland) Act 2005
PLEASE USE BLACK INK WHEN COMPLETING THIS FORM
Name of charity
Scottish Charity Number
Financial Conduct Authority
Reference Number
Date resolution was passed
1
Members of the above named charitable society have resolved to adopt the
proposed constitution of a Scottish Charitable Incorporated Organisation (SCIO)
(including any future amendments which are required by OSCR to ensure that the
constitution complies with the Charities and Trustee Investment (Scotland) Act 2005
and The Scottish Charitable Incorporated Organisations Regulations 2011), a copy
of which proposed SCIO constitution is attached to this notice.
2
The resolution was passed on [insert date] and delete as appropriate only one
(a, or b) is necessary
(a) [Ordinary/special]
3
resolution at a general meeting of the members; or*
(b) [Ordinary/special]
4
resolution by way of a written resolution of the members.*
Signed by charity trustee/committee member
5
:
Name
Signature
1
The date of the resolution will be the date of the general meeting or, in the case of a written
resolution, the date on which the last member signed the resolution.
2
Please remember to attach copy of the SCIO constitution adopted by the society
3
The society’s Rules may require a “special resolution” but otherwise this will be an “ordinary
resolution” at a general meeting, which is passed by a simple majority (at least 50% of the votes cast
by those present and entitled to vote whether in person or, if provided for in the Rules, by proxy).
4
The society’s Rules will provide whether or not this may be decided by written resolution (and, if so,
whether this need be a “special resolution” or “ordinary resolution”) and, if provided for, will confirm
the percentage of members that must agree (sign) any written resolution.
5
A charity trustee/committee member must certify that the resolution was passed as stated in this
notice.
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Application for conversion into a SCIO: notices of (OSCR Scottish Charity Register)

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Completed 8 January 2021

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