Scottish Charitable Incorporated Organisations – dissolution regulations amendments: consultation

Annex 2: Insolvent SCIO dissolution application information

A. Statement of Insolvency of SCIO

Name of SCIO:…………………………………………… (“the SCIO”)

Working name of SCIO (if different to the above)……….

Charity registration number of SCIO:…………………….

Principal office of SCIO:………………………………….

We the charity trustees of the SCIO hereby state, to the best of our knowledge and understanding, that as of this date:

(a) the SCIO has outstanding debts of at least £1,500;

(b) the SCIO is unable to pay these debts; and

(c) the SCIO is insolvent.

Name of charity trustee:………………………………………

Signature of charity trustee:………………………………….

Name of charity trustee:………………………………………

Signature of charity trustee:………………………………….

Name of charity trustee:………………………………………

Signature of charity trustee:………………………………….

Name of charity trustee:………………………………………

Signature of charity trustee:………………………………….

Name of charity trustee:………………………………………

Signature of charity trustee:………………………………….

Name of charity trustee:………………………………………

Signature of charity trustee:………………………………….

Date:………………………………………………………….

*Please note that this form must be signed by at least two thirds of the charity trustees of the SCIO or by one trustee only if authorised to sign on behalf of the other trustees.

Please now send the completed form and other accompanying documents to OSCR.

B. Notice of Application for Dissolution of Insolvent SCIO

Name of SCIO:…………………………………………… (“the SCIO”)

Working name of SCIO (if different to the above)……….

Charity registration number of SCIO:…………………….

Principal office of SCIO:………………………………….

Notice is hereby given by the SCIO that, being insolvent, it has applied to OSCR for consent to its being sequestrated, removed from the Register and dissolved. In so doing, the SCIO further confirms:

(a) that a resolution agreeing to the application was passed by at least two-thirds of its members, or where applicable by at least two-thirds of the charity trustees of the SCIO, on [insert date];

(b) that it has outstanding debts of at least £1,500;

(c) that it is unable to pay these debts; and

(d) that it intends to transfer any surplus assets to [insert name of body, charity registration number or other unique identifying number, and principal office], to be used for purposes which are the same as or which resemble closely the purposes of the SCIO, as set out in its constitution.

Any representations to OSCR in relation to this application must be sent to [OSCR email address] and be received no later than [insert date].