You can start the transfer of assets once the new charity is on the register and the old charity has consent to wind up. You must follow the rules set out in the old charity’s governing document for how to wind up. For example you may need to pass a special resolution at a general meeting. You also need to follow any rules set out by other Regulators you fall under. Step 5 Transferring the various and liabilities from the old charity to the new charity can take time, depending on the type of things Transfer being transferred. See the and for more information. Step 6 When the transfers are complete you must notify us that the old charity has wound up. You must tell us within three months of Notifying OSCR the wind up being completed. and removal of the old charity You will have to send us: the completed declaration sent out when we gave our consent and, any evidence we requested, such as evidence of transfer – date of completion, closing of the old bank account. See the . Once we receive the information we will remove the old charity from the Register and the OSCR process is complete. You may still need to complete other activities and processes not related to OSCR. For example HMRC, Care Inspectorate. At this point you may also want to change the name of the new charity to that of the old one see . – 5. Incorporation FAQs Can we keep our name and charity number? No. Incorporation means your charity becomes a new legal entity. Scottish charity law prevents us from entering two charities on the Scottish Charity Register with the same name. This means you have to have a new and a new name.
You can start the transfer of assets once the new charity is on the register and the old charity has consent to wind up. You must follow the rules set out in the old charity’s governing document for how to wind up. For example you may need to pass a special resolution at a general meeting. You also need to follow any rules set out by other Regulators you fall under. Step 5 Transfer Transferring the various and liabilities from the old charity to the new charity can take time, depending on the type of things being transferred. See the and for more information. Step 6 Notifying OSCR and removal of the old charity When the transfers are complete you must notify us that the old charity has wound up. You must tell us within three months of the wind up being completed. You will have to send us: the completed declaration sent out when we gave our consent and, any evidence we requested, such as evidence of transfer – date of completion, closing of the old bank account. See the . Once we receive the information we will remove the old charity from the Register and the OSCR process is complete. You may still need to complete other activities and processes not related to OSCR. For example HMRC, Care Inspectorate. At this point you may also want to change the name of the new charity to that of the old one – see . 5. Incorporation FAQs Can we keep our name and charity number? No. Incorporation means your charity becomes a new legal entity. Scottish charity law prevents us from entering two charities on the Scottish Charity Register with the same name. This means you have to have a new and a new name.