F1Part 1Charities
Chapter 7Scottish charitable incorporated organisations
Conversion, amalgamation and transfer
I159Amalgamation of SCIOs
1
Any 2 or more SCIOs (“the old SCIOs”) may, in accordance with this section, apply to OSCR to be amalgamated, and for a new SCIO (“the new SCIO”) to be constituted and entered in the Register as their successor.
2
Such an application is referred to in this section and section 60 as an “application for amalgamation”.
3
Subsections (2) to (4) of section 54 apply in relation to an application for amalgamation as they apply to an application for a SCIO to be constituted, but with references to the SCIO being read as references to the new SCIO (but sections 4 and 5 do not apply in relation to an application for amalgamation).
4
In addition to the documents and information referred to in section 54(2), the application for amalgamation must be accompanied by—
a
a copy of a resolution of each of the old SCIOs approving the proposed amalgamation, and
b
a copy of a resolution of each of the old SCIOs adopting the proposed constitution of the new SCIO.
5
The resolutions must be passed—
a
by a two-thirds majority of those voting at a general meeting of the SCIO (including those voting by proxy or by post, if voting that way is permitted), or
b
unanimously by the SCIO's members, otherwise than at a general meeting.
Pt. 1 Ch. 5A inserted (1.10.2010 for specified purposes, 1.11.2012 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), ss. 125(1), 134(7); S.S.I. 2010/321, art. 3, Sch.; S.S.I. 2012/218, art. 2