Dáil Éireann Debate, Tuesday - 12 July 2016
176. Deputy Thomas Byrne asked the Tánaiste and Minister for Justice and Equality if she is aware of current delays in the Charities Regulatory Authority in providing applicant groups with a draft or model constitution which is in turn delaying their applications for charitable recognition; and if she will make a statement on the matter. [21250/16]
View answerThe Charities Regulatory Authority ('Charities Regulator') published a model constitution for companies limited by guarantee on 26 May 2016.
The Regulator is currently at an advanced stage of drafting a model constitution for unincorporated entities. It is expected to be published in the autumn. In addition, a number of other organisations working to support the charity sector have already published model constitutions.
The Regulator has also agreed common requirements for charitable organisations with the Revenue Commissioners, details of which can be found on its website, www.charitiesregulator.ie. This includes agreed standard clauses, for both incorporated and unincorporated entities, which all applicants must include in their governing document.
The use of a model constitution is not a requirement for registration of an applicant organisation as a charity. I am advised by the Regulator that many of the organisations approved to date have not used a model constitution when drafting their governing documents although it does assist the application process. The governing documents in these cases have satisfied the Regulator once the main object(s), subsidiary objects and the powers set out therein support the charitable purpose, and the agreed standard clauses are included. In cases where the governing document submitted with an application for registration is not acceptable, I understand that the Regulator will assist the applicant organisation with re-drafting it.
