The process of converting from a Community Interest Company (CIC) to a Charitable Incorporated Organisation (CIO) involves several considerations, including the filing of accounts with the Charity Commission. However, difficulties can arise when attempting to file CIO accounts for following conversion. This blog post aims to address the legal requirements and provide guidance on preparing and filing accounts for a conversion CIO.
Understanding the Legal Framework
The Charitable Incorporated Organisations (Conversion) Regulations 2017 outline the financial years applicable to a conversion CIO. According to Regulation 14, a conversion CIO may have a financial year that begins before and ends after the conversion, commonly referred to as a “conversion financial year.” This requirement is supported by Section 132(1) of the Charities Act 2011, which mandates the preparation of a statement of accounts for a CIO.
Compliance with the Charities SORP
In accordance with the law, the charity trustees of a conversion CIO must prepare a statement of accounts that adheres to the requirements imposed on CIOs by or under the 2011 Act. This includes compliance with the Charities Statement of Recommended Practice (SORP) specific to CIOs. When preparing the first accounts for a CIO these must comply with the Charities SORP as if the entity had always been a charity, including full comparatives, even if the entity was only a charity for part of the current year.
Navigating the Filing Process
Despite the legal provisions allowing for a conversion financial year, challenges have emerged when attempting to file CIO accounts for certain periods. The Charity Commission’s digital services filing system may not currently accommodate accounts for periods that fall within six months of a CIO’s registration. However, CC have acknowledged directly to us that such accounts do have to be filed.
Conclusion
Converting from a CIC to a CIO involves adhering to specific legal requirements, including the preparation and filing of accounts. While recent difficulties have arisen when attempting to file CIO accounts for certain periods, it is essential to understand the legal framework, comply with the Charities SORP, and navigate the filing process accordingly. By seeking professional advice and utilizing the Charity Commission’s digital services, CIOs can ensure compliance and successfully complete the filing process.
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