Resources

Scope For Asset Transfer Within The Existing Governing Document

Asset transfer might represent the first time your organisation is taking on asset ownership and possibly paid staff. If this is the case, you need to check your governing document to ensure that it permits such responsibilities.

What To Do If The Constitution Needs To Be Changed

The governing document (constitution for a charity; memorandum and articles of association for a company) will contain details of how the constitution can be changed. This will be either by a meeting of the trustees (or directors) and a vote of those present or by a meeting of the members and a vote.

It is important to check that changes are carried out properly. If in doubt you should get advice from your local council for voluntary service or from a lawyer or from the appropriate regulator (eg The Charity Commission or Companies House)

If changes are not carried out in the appropriate manner, it may render all future activity unlawful.