Non-Profit Organisations (Registration Application) Regulations

PUBLISHING DETAILS Revised under the authority of the Law Revision Law (1999 Revision). The Non-Profit Organisations (Registration Application) Regulations, 2017 made 17th May, 2017. Consolidated with — Non-Profit Organisations (Registration Application) (Amendment) Regulations, 2019 made 12th March, 2019. Consolidated and revised this 31st day of December, 2019. Regulation NON-PROFIT ORGANISATION REGISTRATION FORM FEES NON-PROFIT ORGANISATION ANNUAL RETURN FORM NON-PROFIT ORGANISATION NOTIFICATION OF CHANGE FORM Regulation 1 Citation These Regulations may be cited as the Non-Profit Organisations (Registration Application) Regulations (2020 Revision). Definition In these Regulations “Law” means the Non-Profit Organisations Law (2020 Registration form An application made under section 6(1) of the Law for registration as a non-profit organisation shall — (a) be made in the form set out in Schedule 1; and (b) include, where applicable, the following documents — (i) copies or particulars of the trust, trust deed and any other organisational documents maintained by the non-profit organisation; Regulation 4 (ii) copies of the constitution, the memorandum of association and the articles of association of the non-profit organisation; (iii) certified copies of Government issued photo identification of controllers and senior officers of the non-profit organisation; and (iv) any other documentary evidence which reflects the organisational structure and functions of the non-profit organisation. Application of income and assets and dissolution of not for profit A controller of a non-profit organisation shall cause to be inserted in its constitutional documents information which indicates that — (a) the assets and income of the non-profit organisation shall be applied exclusively in the furtherance of the purposes of the non-profit organisation; and (b) no portion of the assets and income of the non-profit organisation shall be distributed as profit or dividend directly or indirectly to the controllers, shareholders, owners or members of the non-profit organisation, unless such distribution is intended for the legitimate purpose of compensating a person for services to further the activities of the non-profit organisation or paying for expenses incurred on behalf of the non-profit organisation. Information excluded from public inspection The information available in the register for public inspection pursuant to section 5(3) of the Law shall not include — (a) the names and personal information of the controllers or senior officers of the non-profit organisation; or (b) the financial information of the non-profit organisation. Establishing connection with the Islands The Registrar, pursuant to section 7(2)(c) of the Law, in determining whether a nonprofit organisation has a connection with the Islands shall have regard to whether the non-profit organisation — (a) maintains a presence at a physical address within the Islands; and (b) is soliciting or causing to be solicited contributions of money or other property from the public, or any section of the public, within the Islands; or is distributing money or other property within the Islands. Fees The fees to be paid by a non-profit organisation for the purposes of the Law are specified in Schedule 2. Regulation 8 Annual returns preparation The annual returns required under section 15 of the Law shall be prepared by a controller of the non-profit organisation in the form specified in Schedule 3. Notification of changes in non-profit organisation A controller of a non-profit organisation shall notify the Registrar of any change in its purposes, activities, constitutional documents or any other particular entered in the register in the form specified in Schedule 4 within thirty days of such change. Repealed

Repealed by section 2 of the Non-Profit Organisations (Registration Application) (Amendment) Regulations, 2019 [SL# 14 of 2019].

The administrative penalties for a failure by a controller to comply with the provisions identified in section 16 of the Law are specified in Schedule 5. Section 80 associations

The conditions imposed on an association licensed under section 80 of the Companies Law (2020 Revision) shall not apply to that association if it is registered under the Law. Dissolution of non-profit organisation

(1) Where a non-profit organisation has been dissolved, the sums that remain after — (a) the dissolution; and (b) the satisfaction of all debts and liabilities, shall be transferred to another non-profit organisation, registered under the Law, which has similar purposes and is not carried on for the profit or gain of its members. (2) A controller of a non-profit organisation which has been dissolved shall — (a) notify the Registrar of the name of the non-profit organisation to which all sums that remain, pursuant to subregulation (1), have been transferred; and (b) provide the non-profit organisation to which the sums have been transferred with all relevant records relating to the dissolved non-profit 13A. Complaints against a non-profit organisation 13A. A complaint against a non-profit organisation or any of its personnel may be made to the Registrar by completing the form specified in Schedule 4A. Regulation 14 Cabinet exemption from Law and waiver of fees

The Cabinet may, in exceptional circumstances and having regard to the public interest, waive or reduce any or all of the administrative penalties provided in (regulation 3(a)) NON-PROFIT ORGANISATION REGISTRATION FORM THE NON-PROFIT ORGANISATIONS LAW (2020 Revision) ORGANISATION CONTACT DETAILS Name of Organisation Contact Details for Organisation Office Telephone Cell Phone Email Physical Address and P.O. Box Website (if any) NPO Financial Year End: (day-month) CONTROLLER(S) CONTACT INFORMATION NOTE: Please submit information regarding additional controllers on a separate piece of paper attached as Appendix 1 below. Controller Name Has the individual had a name change in the last ten years? If yes please include current and previous names. Physical Address and (if different from above) ORGANISATION OPERATING DETAILS In full detail, please describe the PURPOSE of the Organisation: In full detail, explain the ACTIVITIES of the Organisation: Names, address, telephone numbers and email addresses of directors, senior officers and members of the management personnel. (e.g. President, Vice President, Secretary, Treasurer) A. Name Has the individual had a name change in the last ten years? If yes please include current and previous names. B. Name D. Name Physical Address and NOTE: Please submit information regarding additional directors, senior officers and members of the management personnel on a separate sheet of paper attached as Appendix 2 below. SOURCE OF CONTRIBUTIONS FOR EXISTING ORGANISATION FOR THE PRECEDING YEAR OR ANTICIPATED SOURCE OF CONTRIBUTIONS FOR NEW ORGANISATION FOR THE UPCOMING YEAR Details of Contributions Activity Type Amount raised Donations Fund Raising Events/Activities Grants Other APPLICATION OF CONTRIBUTIONS FOR EXISTING ORGANISATION FOR PRECEDING YEAR OR ANTICIPATED APPLICATION OF CONTRIBUTIONS FOR NEW ORGANISATION FOR THE UPCOMING YEAR Details of Application of Contributions Activity Type Amount expended Funds Donated/Contributed in accordance with NPO’s Purpose Contributions/Donations to other causes Salaries Rent Other expenses (e.g. insurance, utilities, pension, etc) BANKING ARRANGEMENTS Name of Bank Bank Address NOTE: Please submit information regarding additional banking arrangements on a separate piece of paper attached as Appendix 3 below.

Signature ________________________________ Name of Controller completing form ______________________ Date _______________________________ Signature of Controller completing form (regulation 7) FEES Section of Law Subject Matter Fee ($KYD) 22(c) Registration fee where the application form is submitted within twelve months of the commencement date of the Law. Nil 22(c) Registration fee where the application form is submitted after 31st July, 2018. 7(1)(b) Registration fee where an applicant requests an application to be considered within fifteen business days. 22(g) Notification of a change to the list of persons who own, control or direct the non-profit organisation. $25 per list 22(g) Notification of one to ten changes other than a change to the list of persons who own, control or direct the non-profit $25 per change 7(5) and 22(e) Notification of eleven or more changes, filed on the same day, in the particulars contained in an application for registration. 15(2) Request for extension to submit annual returns. 13(6) Request for extension to submit a report on the review of financial statements. 22(h) Inspection of information in the printed register. 22(d) Printing the information contained in the register on a non-profit organisation. 22(d) Letter of good standing. 22(d) Copy of Certificate of Registration. 22(d) Copy of the list of persons who own, control or direct the non-profit organisation. 22(d) Copy of Constitution. (regulation 8) NON-PROFIT ORGANISATION ANNUAL RETURN FORM I,________________________, controller of____________________________________________________ (your name) (NPO name) Certify that the information provided is true to the best of my knowledge and that there has been no change in the material particulars of the NPO that have been notified to the Registrar. That no major occurrences have taken place that can negatively impact the reputation of the NPO or the NPO Sector. That any and all matters that can be categorized as major have been reported to the Registrar of NPOs (if applicable). ______________________ _____________________ Signature Date (regulation 9) NON-PROFIT ORGANISATION NOTIFICATION OF CHANGE FORM (regulation 13(A)) Name of Non-Profit Registration Number (if any): Date Complaint Filed: Details of Violation Name(s) of Person(s) Involved Position(s) in NPO of Person(s) Date(s) of Violation Description of Illicit Activities Contact Information of Non-Profit Organisation Email: Cell Telephone: Other Address of Non-Profit Organisation Street Address – Line 1 Street Address – Line 2 Postal Code Complainant Information Name Address Email (regulation 11) Section of Law Nature of Failure Fixed Penalty 6(1) and 16 Initial failure to register a non-profit 6(1), 16 and 18 Continuing to operate as a non-profit organisation after notice to register has been issued. $10 per day (Maximum Total Penalty $2500) 15(1) Failure to submit annual returns. 12(1) Failure to submit reviewed financial statements. 21(4) Failure of a non-profit organisation exempted under section 21(2)(a), (b), (c), (e), or (f) of the Law to provide any documentation requested by the Registrar. Publication in consolidated and revised form authorised by the Cabinet this 7th day of January, 2020. . Kim Bullings Clerk of the Cabinet Table of Legislation History: SL # Law # Legislation Commencement Gazette 14/2019 Non-Profit Organisations (Registration Application) (Amendment) Regulations, 2019 1-Apr-2019 LG8/2019/s2 35/2017 1-Aug-2017 GE43/2017/s4 (Price: $6.40)