Company Legal status Legal No legal Legal personality No personality personality personality Some or all of Can undertake Some or all of the Can undertake the charity transactions in its charity trustees must transactions in trustees must own right undertake its own right undertake transactions on transactions behalf of the body on behalf of Title to land and the body to land buildings will be Title to land and Title to land and held in the name of buildings must be held and buildings buildings will the company in the name of one or be held in must be held more trustees (deed (advantage in in the name of the name of terms of of assumption the one or more succession) required to evidence individuals on SCIO new trustees) (advantage in behalf of the terms of charity The charity trustees Liability of charity succession) trustees is limited may have personal Liability of The charity (in most cases) liability for the charity trustees may body’s actions trustees is have personal although there are limited (in liability for the certain protections for most cases) body’s actions trustees in trust law and unlimited and common law Liability of liability if it is members is usually wound up limited in the Articles of Members are Association to £1 not liable to contribute to the assets if it is wound up
Company Legal status Legal personality Can undertake transactions in its own right to land and buildings will be held in the name of the SCIO (advantage in terms of succession) Liability of charity trustees is limited (in most cases) Members are not liable to contribute to the assets if it is wound up No legal personality Some or all of the charity trustees must undertake transactions on behalf of the body Title to land and buildings must be held in the name of one or more individuals on behalf of the charity The charity trustees may have personal liability for the body’s actions and unlimited liability if it is wound up Legal personality Can undertake transactions in its own right Title to land and buildings will be held in the name of the company (advantage in terms of succession) Liability of charity trustees is limited (in most cases) Liability of members is usually limited in the Articles of Association to £1 No personality Some or all of the charity trustees must undertake transactions on behalf of the body Title to land and buildings must be held in the name of one or more trustees (deed of assumption required to evidence new trustees) The charity trustees may have personal liability for the body’s actions although there are certain protections for trustees in trust law and common law
cscios_a_guide.docx