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  •  

Property Lawyers and Conveyancing Solicitors in Manchester at Ford Banks Irwin Solicitors for Charities

 
Please note: Not to be used or relied upon without legal advice. These notes are for illustrative purposes ONLY

. . . continued from page 1

Solicitors for Charities

Exempt Charities and bodies to which the Charities Act 1993 does not apply:

Some Charities, which are covered by the Charities Act 1993 for some purposes, are largeley exempted from the jurisdiction of the Charity Commission although they remain subject to that of the High Court.  These are termed 'exempt charities'.  Some exempt charities are subject to the UCEAs (Universities and Colleges Estates Acts 1925 and 1964)

An exempt charity is one of the following:
- a body set out in Schedule 2 of the Charities Act 1993, as amended
- any institution administered by or on behalf of an institution listed in paragraphs (a) to (v) of the Schedule is also an exempt charity, if it is established for the general purposes of that intitution or any special purpose of or in connection with it
- a common investment fund establised by a scheme that admits only exempt charities.

The expression 'charity' in the 1993 Act does not generally apply to:
- ecclesiastical corporations (that is, any corporation in the Church of England, whether sole or aggregate, that is established for spiritual purposes) in respect of the corporate property of the corporation
- a Diocesan Board of Finance in respect of the diocesan glebe land
- any trust of consecrated land for the purposes for which it was consecrated
Property Lawyers and Conveyancing Solicitors in Manchester will be able to assist with any questions.


Making applications:

An application for first registration should be made by the Property Lawyers and Conveyancing Solicitors for the charity or charity trustees in whose name(s) the Property is to be registered.  If the Property is being registered in the name of a custodian trustee, the application may also be made by the charity provided the estate is its corporate property.  In the case of unregistered estates that become subject to a first legal mortgage, the mortgagee is also able to apply for first registration.

The Property Lawyers and Conveyancing Solicitors in Manchester will use form FR1 if the application is for first registration of a freehold Property or for first registration of a Leasehold Property where the freehold is not registered.

For dispositions of registered Property, there is no restriction on who may apply for registration of the dispostion.  Property Lawyers and Conveyancing Solicitors in Manchester make applications using form AP1 including grants of Leases out of a registered Property.

When registering a charity the registrar is obliged by Law to enter some restrictions. Other restrictions must be applied for using the appropriate form.  


Dispositions in favour of charities:

Form of the disposition:

Transfers of Property in favour of charities must be in one of the presecribed forms in Schedule 1 of the Land Registration Rules 2003.


Statements required in a disposition to a charity:

Any transfer or Lease in favour of a charity is required by section 37(5) of the Charities Act 1993 to contain a statement relating to that charity. Any other disposition that will result in an estate being held by, or in trust for, a charity is also required to contain a similar statement. The statements are set out in the Land Registration Rules and below:

Exempt charity: 'The Property transferred (or as the case may be) will, as a result of this Transfer (or as the case may be), be held by (or in trust for)(charity), an exempt charity'

Non-exempt charity: 'The Property transferred (or as the case may be) will, as a result of this Transfer (or as the case may be), be held by (or in trust for) (charity), a non-exempt charity, and the restrictions on disposition imposed by section 36 of the Charities Act 1993 will apply to the Property (subject to section 36(9) of that Act)'

Where an exempt charity hold Property on trust for a non-exempt charity, it is the second statement that is required as the restrictions on disposition imposed by section 36 of the Charities Act 1993 apply.


A charity is a company:

If the disposition is in favour of a charity that is also a company registered in England and Wales under the Companies Acts, the application by the Property Lawyers and Conveyancing Solicitors in Manchester must state the company's registered number.


Charity trustees incorporated under Part VII of the Charity Act 1993:

Where the charity trustees are incorporated as a body corporate under Part VII of the Charities Act 1993 then any disposition in favour of the charity must describe the trustees as:
'a body corporate under Part VII of the Charities Act 1993'

The application by the Property Lawyers and Conveyancing Solicitors to register the disposition should be accompanied by a certified copy of the certificate granted by the Charity Commission under section 50 of that Act.

 

(All italics in this page are Crown Copyright and reproduced here for your information with permission from HM Land Registry)

. . . continued on page 3 (Property Lawyers and Conveyancing Solicitors in Manchester page 3)

If you require any further information please telephone 0161 866 8999 and we will be happy to help.

    

Contact Us

Ford Banks Irwin Solicitors
50 Stothard Road
Manchester
M32 9HB


Tel: 0161 866 8999
Fax: 0161 866 8333
E-mail: info@FordBanksIrwinSolicitors.co.uk

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Manchester City Centre Serviced Office - Conference rooms are also available by prior appointment at:
Ford Banks Irwin Solicitors | Solicitors in Manchester
Pall Mall Court 
King Street
Manchester
M2 4PD

Tel: 0161 866 8574



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