112 Charitable companies (Scotland)
Companies Act 1989 (1989 c 40) | Legislation

112  Charitable companies (Scotland)

(1)     In the following provisions (which extend to Scotland only)—

(a)     “company” means [a company registered under the Companies Act 2006]; and

(b)     “charity” means a body [entered in the Scottish Charity Register].

(2)     Where a charity is a company or other body corporate having power to alter the instruments establishing or regulating it as a body corporate, no exercise of that power which has the effect of the body ceasing to be a charity shall be valid so as to affect the application of—

(a)     any property acquired by virtue of any transfer, contract or obligation previously effected otherwise than for full consideration in money or money's worth, or any property representing property so acquired,

(b)     any property representing income which has accrued before the alteration is made, or

(c)     the income from any such property as aforesaid.

(3)     [Sections 39 and 40 of the Companies Act 2006 (company's capacity and power of directors to bind company)] do not

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