A charity ( www.practicallaw.com/7-506-5262) that is registered with the Charity Commission ( www.practicallaw.com/7-383-6372) (Commission). Its details are entered in the register of charities ( www.practicallaw.com/8-521-8448) maintained by the Commission and it is conclusively presumed to be a charity when it is on the register (subject to rectification) (section 37(1), Charities Act 2011 (ChA 2011)).
The charity trustees ( www.practicallaw.com/2-383-8335) of a charity that fulfil the criteria for registration have a duty to apply to the Commission to register it as a charity (section 35(1), ChA 2011).
A charity must register with the Commission unless one of the following applies:
Its gross annual income does not exceed £5,000 (in which case it will be a small unregistered charity ( www.practicallaw.com/2-506-5226) ).
The charity trustees of a registered charity must notify, and provide details to, the Commission if the charity ceases to exist, or if there is any change in either its governing document or the particulars entered in the register of charities. The charity trustees must also supply the Commission with copies of any new or altered governing document ( www.practicallaw.com/0-521-0328) (section 35(3), ChA 2011). For further details, see Practice note, Duties of charity trustees: an overview: Duties in relation to charity registration ( www.practicallaw.com/8-612-4887) .