Constitutional Health Checks

We have been working with a number of our RP clients to ensure their constitutions remain fit for purpose.

In particular, we have been addressing issues linked to:

  • Implementing new resident engagement models;
  • Board tenure;
  • Including additional flexibilities, particularly around virtual/hybrid meetings and serving notices electronically, following on from the provisions of the Corporate Insolvency and Governance Act 2020 ceasing to have effect; and
  • Amending dissolution provisions for charitable community benefit societies (CBSs), following recent conversations with HMRC, to ensure these prevent assets being distributed to any entity which is not legally classed as a charity. While it is not mandatory for charitable RPs using the NHF Model Rules to change their dissolution clause, a number of RP CBSs are taking pre-emptive action ow in order to avoid any future difficulties in HMRC recognising them as a charity for tax purposes.

If you would be interested in a constitutional health check, please do contact Andrew Cowan, Matthew Waters, Gemma Bell, Rose Klemperer, Sharon Thandi, or Ellen Damlica.

Share this publication


The latest news from Devonshires, sent to you direct.

Join our mailing list and find out what we’re up to and what we think about recent events and future possibilities.

Join our Mailing List