The Memorandum and Articles of Association Charity is a crucial incorporation document required when establishing a charitable organization in England and Wales. It serves as the charity's constitution, defining its charitable purposes, governance structure, and operational framework. This document is essential for registration with both Companies House and the Charity Commission, combining corporate and charitable legal requirements. It must comply with the Companies Act 2006 and Charities Act 2011, ensuring the organization maintains its charitable status while operating as a legal entity.
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1. Company Name and Type: Specification of company name and its status as a charitable company
2. Interpretation: Definitions of key terms used throughout the document
3. Objects: Charitable purposes of the organization
4. Powers: Legal powers of the charity to fulfill its objects
5. Limitation on Private Benefits: Restrictions on private benefit and profit distribution
6. Members: Rights, responsibilities and procedures relating to membership
7. Trustees: Appointment, removal and powers of trustees
8. Decision-Making: Procedures for meetings and decision-making processes
9. Administrative Arrangements: General administrative provisions including records and communications
10. Dissolution: Procedures for winding up the charity
1. Seal: Optional provisions regarding the use of company seal for formal documents
2. Delegation: Optional provisions for delegation of powers, suitable for larger charities with complex governance structures
3. Trading Subsidiary Provisions: Optional provisions relating to trading activities when the charity plans to engage in commercial operations
1. Interpretation Schedule: Detailed definitions and interpretations of terms used throughout the document
2. Proceedings at General Meetings: Detailed procedures and rules governing the conduct of general meetings
3. Communications: Detailed provisions regarding methods and timing of communications between the charity and its members
4. Conflicts of Interest: Detailed procedures for identifying, declaring and managing conflicts of interest
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