Most changes to a charity's constitution do not require a review by the Charities Regulator. However, we do require a copy of your most up-to-date constitution.

There are two clauses, the main object and the charitable purposes which have a legal basis and in relation to which we will conduct a review of your constitution, to ensure your constitution remains compliant with the requirements of the Act to be a charity.

• Main object

  The main object of a charity’s constitution is required to be entered on to the Register and we must be notified of changes to it. Where the changing of an object is linked to a change in charitable purpose then it will be reviewed in this context.

• Charitable purpose

  We will review where a charity is purposing to add or remove a charitable purpose as a charity must demonstrate that it is advancing that charitable purpose for the public benefit.

• Income and Property clause

  A charity's Income and property clause must provide for the income and property of a charity to be applied solely towards the promotion of its Main Object as set out in the constitution. This is set out in Section 2 of the Act which stipulates that a charitable organisation “under its constitution, is required to apply all of its property (both real and personal) in furtherance of its charitable purpose”, except for money expended in the maintenance and operation of the body and none of the property is payable to the members of the body. Your constitution should reflect this and contain our standard clause.

• Winding up clause

  The winding up clause must provide that if upon the winding up or dissolution of the charity there remains, after satisfaction of all debts and liabilities, any property whatsoever, it shall not be paid to or distributed among the members of the charity. Instead, such property shall be given or transferred to some other charitable institution or institutions having main objects similar to the main objects of the charity. This is set out in Section 2 of the Act which stipulates that a charity “under its constitution, is required to apply all of its property (both real and personal) in furtherance of its charitable purpose”, except for money expended in the maintenance and operation of the body and none of the property is payable to the members of the body. Your constitution should reflect this and contain our standard clause.

The Charities Regulator will not normally conduct a review of your constitution if you are making no changes to the items listed below and you are submitting the constitution for the following reason only: 

• You are submitting a copy of the constitution only, with no changes
• You are submitting a copy of the constitution with changes only to powers or governance clauses. if you are only making changes to powers or governance clauses in your constitution; for example, changes to the number of trustees or members, or changes to the rules around the annual general meeting or how voting is carried out no review is required
• You are submitting a copy of the constitution with changes only to correct a spelling or formatting error in the main object
• You are submitting an entirely new constitution in line with current legislation / model constitution

We have produced examples of constitutions for the following organisational structures: Model Constitution for Company Limited by Guarantee and Model Constitution for Associations and Other Non-Corporate Bodies. These will be of great benefit in guiding you in drafting your constitution, or ensuring your existing constitution meets the requirements of the Act.

Your constitution should include several clauses to ensure that your charity is compliant with the Act and able to operate and govern itself.

• Charity Name

  Your charity's name on your constitution should be the same as your name on the  Register. Please check by searching the Register prior to submitting this form. If your charity's name is incorrect on the Register, please complete a "Change of Name" form.

• Main Object

  The governing document must contain a main object. This is a statement setting out the primary purpose of an organisation and it usually appears near the beginning of the document, as can be seen in the example constitutions. 
  The main object(s) must align with the selected charitable purpose. The governing document may also contain ancillary or subsidiary object(s). This is a purpose that is incidental to and supports the charity’s main object. 

  The main object must clearly outline:

  • what the charity is set up to achieve
  • where it will operate
  • who it will help
  • how it will achieve its objectives

  For example: ‘The main object for which CHARITY ABC was established is the advancement of the arts (what), in Ballina, Co. Mayo (where), for young people (who), through the provision of training in drama and stage skills free of charge (how).

• Standard Clauses

  There are two standard clauses which make an organisation charitable and these should be included in every charity's constitution. They are the income and property and winding up clauses. Standard Clauses for Companies Limited by Guarantee and Standard Clauses for Unincorporated Entities.
  If your constitution does not have the most up-to-date version of these clauses, we recommend you insert them prior to submitting your constitution. The Charities Regulator will review any changes to these standard clauses.

• Governance

  It is recommended that charities include specific governance clauses in their constitution to allow for and support the effective internal governance of the charity. When we refer to ‘governance clauses’, we mean clauses which detail items such as;

  • the holding of general meetings
  • meeting notices and administration
  • conflicts of interests
  • the appointment of trustees

  Please see our model constitutions for reference.

• Powers

  It is recommended that charities include specific powers in their constitution to allow for and support the operation of the charity. When we refer to ‘powers clauses’, we mean clauses which detail such as the power to

  • receive voluntary contributions, donations, bequests or money
  • make an application for a grant
  • employ staff
  • enter into a leasing arrangement

  Please see our model constitutions for reference.

Charities can submit their constitution or seek a review of their proposed amendment of the areas detailed above can submit using our Online Portal MyAccount. The form is called Submit a Constitution / Update your Charitable Purposes.