The ‘AGMs and other meetings: postponing or cancelling meetings’ section has been updated explaining their approach to annual return filing extensions.
They will be contacting all charities with a filing extension that was in place until 30 June 2021. These charities will now need to meet their filing commitments by 30 September 2021.
From 1 July 2021 to 30 September 2021, if a charity has an imminent filing date and are unable to meet their filing obligation for a COVID-19 related reason, they can still apply for a new filing extension. They will allow a fixed 3-month extension from the date of your application.
They have also updated the content on charity meetings and insolvency help for charitable companies and charitable incorporated organisations.
In the current situation, it may be difficult to hold face-to-face meetings. Some charities have clauses in their governing documents that allow them to meet virtually or to use telephone facilities.
If there is no such clause in the governing document and you decide to hold meetings over the phone or using digital solutions, they will understand but you should record this decision and that you have done this to demonstrate good governance of your charity.
This is important because the Corporate Insolvency and Governance Act 2020 provisions, which permitted charitable companies and CIOs to hold AGMs and other members’ meetings online regardless of their governing documents, ended on 30 March 2021.
In context to insolvency, provisions were introduced by the Corporate Insolvency and Governance Act 2020 to help businesses continue operating and avoid insolvency during this period of economic uncertainty due to COVID-19.
Moratoriums offer charitable companies and CIOs breathing space from debt enforcement action so they have the chance to explore options for rescue or restructure. These additional temporary moratorium provisions for coronavirus have been extended until 30 September 2021
The temporary suspension of the use of statutory demands and a restriction on winding up petitions, where a company or CIO cannot pay its bills due to the coronavirus emergency has been extended and applies until 30 September 2021
Further details of the revised guidance can be accessed here.