Is becoming a SCIO the right common types of alternative legal form used by choice? Scottish charities. This comparison may help you The SCIO is a new legal form which provides consider whether the SCIO is suitable for the another option for bodies wishing to register proposed charity. as charities in Scotland, and for those existing Each organisation should decide for itself which Scottish charities which wish to adopt a legal form suits it best. You should consider different legal form. whether the key characteristics of each legal Before making an application to register a form will be suitable for your organisation’s size SCIO, it is important to consider whether the and what it plans to do. SCIO will be the most suitable legal form for As regulator, OSCR cannot offer advice on the proposed charity. There are some whether being a SCIO is the right choice for a significant differences between being a SCIO particular charity. Any body considering the and being any other kind of body with SCIO as a potential option should consider charitable status in Scotland. taking advice from intermediary bodies, support The table in section 2.1 below sets out some organisations and/or professional advisers of the key characteristics of the SCIO as well before making an application to OSCR (see as those of the most section 8 for a list of useful contacts). Table of key characteristics of SCIOs and other common charitable forms Company Regulator Single Single Dual regulators Single regulator regulator regulator OSCR and OSCR OSCR OSCR Companies House Key Charities and Charities and Charities and Charities and Trustee legislation Trustee Trustee Trustee Investment (Scotland) Investment Investment Investment Act 2005 (Scotland) Act (Scotland) Act (Scotland) Act Trusts (Scotland) Act 2005 2005 2005 1921 Companies Act 2006
Is becoming a SCIO the right choice? The SCIO is a new legal form which provides another option for bodies wishing to register as charities in Scotland, and for those existing Scottish charities which wish to adopt a different legal form. Before making an application to register a SCIO, it is important to consider whether the SCIO will be the most suitable legal form for the proposed charity. There are some significant differences between being a SCIO and being any other kind of body with charitable status in Scotland. The table in section 2.1 below sets out some of the key characteristics of the SCIO as well as those of the most common types of alternative legal form used by Scottish charities. This comparison may help you consider whether the SCIO is suitable for the proposed charity. Each organisation should decide for itself which legal form suits it best. You should consider whether the key characteristics of each legal form will be suitable for your organisation’s size and what it plans to do. As regulator, OSCR cannot offer advice on whether being a SCIO is the right choice for a particular charity. Any body considering the SCIO as a potential option should consider taking advice from intermediary bodies, support organisations and/or professional advisers before making an application to OSCR (see section 8 for a list of useful contacts). Table of key characteristics of SCIOs and other common charitable forms Company Regulator Single regulator OSCR Single regulator OSCR Dual regulators OSCR and Companies House Single regulator OSCR Key legislation Charities and Trustee Investment (Scotland) Act 2005 Charities and Trustee Investment (Scotland) Act 2005 Charities and Trustee Investment (Scotland) Act 2005 Companies Act 2006 Charities and Trustee Investment (Scotland) Act 2005 Trusts (Scotland) Act 1921
cscios_a_guide.docx