Hi there,

I have applied once to the charity commission to register as a CIO but they sent the application back and closed it as they said we are a Ltd company changing to CIO. To be honest their reasons are very unclear so I am unsure where to go from here. I would be most grateful for some help or advice with this matter as we are keen to apply again. I followed their guidelines to a T on writing the governing document so I am quite confused with their reasons for closing the application. They say the application is incomplete but I covered everything. Any advice much appreciated. We are currently a Limited company trying to register as CIO

Their reply was this:

((((((((((Thank you for your application for charity registration. 

The application form and our published guidance in CC21 (b) ‘How to register a charity’ and in ‘How the Charity Commission makes charity registration decisions’ explain that we are unable to accept applications which are not complete. This guidance is available from the ‘Setting up a charity’ pages of our website:

https://www.gov.uk/how-to-register-your-charity-cc21b

Having assessed this application and on the basis of the information you have provided we are unable to proceed, and this application has been closed.

Please be aware that this is not a refusal to register your organisation, but we have not received a full application and are unable to make a considered assessment and a registration decision.

Governing Document

The application declares the organisation’s governing document is a CIO Foundation Constitution and a copy is attached to the application.  Accounts were also attached but are for Halfway Home Dog Rescue Limited. Companies House shows a named trustee of the proposed CIO is the sole director of the company.  The application does not declare the company or the intentions regarding it. This would need to be detailed in any new application. Please note a company and a CIO are different legal structures.

Charitable Purpose

Although not part of the reason to return the application, before reapplying we would suggest that you review and redraft the objects to ensure they are exclusively charitable and accurately reflect the charitable purpose or purposes you consider the organisation is furthering.

As we have stated above, our guidance at Section 4 of ‘How the Charity Commission makes charity registration decisions’ explains that the Commission can only assess an application and make a registration decision when it receives a full application.

If you have reviewed our guidance and are satisfied that your organisation is a charity you must submit a completely new application via the online service, including the material referenced above. This will enable us to make an assessment and be in a position to properly ascertain whether this organisation is charitable in law and eligible to be registered. Please note that you cannot respond to this message to reactivate your application.

If an organisation is a charity and meets the requirements, then it must register. ))))))))))