Church Incorporation: Fearless SCIOs! Stages in the process - - PowerPoint PPT Presentation

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Church Incorporation: Fearless SCIOs! Stages in the process - - PowerPoint PPT Presentation

Church Incorporation: Fearless SCIOs! Stages in the process Initiation how to get started Constitution formats and options Application regulatory process Transfer people, money and assets Notification who do


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SLIDE 1

Church Incorporation: Fearless SCIOs!

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SLIDE 2

Stages in the process

  • Initiation – how to get started
  • Constitution – formats and options
  • Application – regulatory process
  • Transfer – people, money and assets
  • Notification – who do you need to tell

Critical path items? Titles, banks, pensions, poss. dissolution

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SLIDE 3

Incorporation - Initiation

  • What is the right form of organisation?

– Company vs SCIO, what are assets/liabilities

  • What does current constitution require?

– Dissolution, meetings, notifications, permissions

  • Are there property title limitations?

– Engage early on ownership & restrictions, etc

  • Pensions or securities over assets?

– Explore any unintended consequences

  • Competence to steer change process?

– Who will guide/assure, relevant experience

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SLIDE 4

Incorporation - Constitution

  • Options for new constitution style

– OSCR approved template vs custom built

  • Legal and financial quality control

– Operability/regulatory compliance/X-ref’ing

  • Integrating requirements and preferences

– Governance/theological basis/correct trustees

  • Engaging the church membership

– Expectations or requirements for input?

  • Requirement to consider the end game

– Dissolution/winding up and beneficiaries

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SLIDE 5

Incorporation - Application

  • Application to OSCR for new entity

– Replaces existing organisation after transfer

  • Justification for charity status

– Purpose/public benefit/activity descriptions

  • Who is making the application?

– Church leadership role and options

  • Dealing with OSCR clarification requests

– Directly or through an advisor?

  • Supporting information and timeframes

– Realistic and manageable for implementation

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SLIDE 6

Incorporation - Transfer

  • Right to dissolve existing charity (OSCR)
  • Transfer agreement

– Process, timing, purpose and items transferred

  • Church membership

– Leaving and joining without pain (by default)

  • Bank accounts

– Engaging the bank(s) early to avoid drag risk

  • Property

– Title transfer & land registration/certification

  • Other contractual arrangements

– Employment contracts(TUPE),leases,suppliers

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SLIDE 7

Incorporation - Notification

  • OSCR

– Final notification of completion of transfer

  • HMRC

– Registering new charitable entity

  • Local authority and agencies

– Rates, water supply, other utilities?

  • Funding partners and supporters

– Existing grants, payments to church, legacies

  • Beneficiaries

– Organisations & people supported by church