A Basic Guide NPO APPLICATION FORM

Similar documents
NPO Legal Guides. Practical tools for NPO Leaders. A Basic Guide to the NPO Act

Constitution Neurological Association of South Africa

DRAFT CONSTITUTION. - of - BLACKBURN RUGBY UNION FOOTBALL CLUB. Registered as a Charitable Incorporated Organisation

South African Bee Industry Organisation CONSTITUTION. (As Amended August 2013)

MEMORANDUM OF ASSOCIATION of a company incorporated in terms of Section 21 of the Companies Act of 1973

Model constitution. Under the Associations Incorporation Act About this model constitution. Disclaimer

Regional Development Australia - Northern Rivers Constitution

CONSTITUTION OF SPARTA TRAMPOLINE CLUB SCIO

CONSTITUTION GESTALT AUSTRALIA &NEW ZEALAND INCORPORATED:

Berry Chamber of Commerce and Tourism Inc. Constitution

AUSTRALIAN FEDERATION OF DISABILITY ORGANISATIONS (AFDO) LTD CONSTITUTION ACN ABN

St. John s Care Center Constitution

RULES OF THE VICTORIAN HANG GLIDING AND PARAGLIDING ASSOCIATION

[INSERT NAME OF PARENT GROUP] CONSTITUTION. [insert date]

Z-NET Uralla Inc. By-Laws

LCSA CONSTITUTION 2015 LOCAL COMMUNITY SERVICES ASSOCIATION CONSTITUTION 2015

Rules of Regional Development Australia Townsville and North West Queensland Inc.

CONSTITUTION MIDDELBURG CHAMBER OF COMMERCE AND INDUSTRY

Westside Duplicate Bridge Club Club Constitution

Constitution of Australian Communications Consumer Action Network Limited

CONSTITUTION OF THE NOVACASTRIAN ARTS ORCHESTRA

CONSTITUTION OF THE ASSOCIATION OF INDEPENDENT RETIREES (A.I.R.) LIMITED

Draft Constitution. Nuriootpa Tennis Club Inc (ABN: ) To be adopted at a General Meeting held on 2nd April 2017

Southern Tasmanian Bowls Association Inc. Trading as Bowls Tasmania South

CONFLICT RESOLUTION SERVICE CONSTITUTION

Thames Vintage Boat Club Constitution

MUDGEE REGION TOURISM INCORPORATED CONSTITUTION. The name of the association is the Mudgee Region Tourism Incorporated and hereinafter

CONSTITUTION OF THE SCOTTISH NATIVE HONEY BEE SOCIETY SCIO SC047105

VISUAL ARTS AND DESIGN EDUCATORS ASSOCIATION NEW SOUTH WALES, INCORPORATED

BYLAWS OF MINNESOTA COUNCIL FOR THE SOCIAL STUDIES ARTICLE I NAME AND PURPOSE

Constitution. The Cancer Council NSW ABN Registered as a Company Limited by Guarantee on 30 September 2005

ACHPER Incorporated. Constitution AUGUST 2017

Constitution of International Gay Rugby. an England Charity

Constitution THE AUDIOMETRY NURSES ASSOCIATION OF AUSTRALIA INCORPORATED (ANAA INC.) Revised October

THE ASSOCIATION OF CHARTERED CERTIFIED ACCOUNTANTS (ACCA) POLAND NETWORK CONSTITUTION

Wollongong City of Innovation Limited ACN A Public Company Limited by Guarantee (Company) Constitution

Agenda of EATA General Assembly on July 11 th 2012 at pm in Bucharest

Warren Elementary Parent-Teacher Organization. Francis Howell School District. Bylaws

THE CONSTITUTION OF SHEFFIELD SCHOOL ASSOCIATION INC.

AEBF Constitution Amended October 2016 Launceston AGM. (Supersedes any previous versions)

AUSTRALIAN CHURCHES OF CHRIST GLOBAL MISSION PARTNERS LIMITED

Constitution of: Port Macquarie Seniors Computer Group Inc. April 2011

MAMA rules (as adapted from the ACT model rules)

The name of the incorporated association is 'Nick Xenophon's SA-BEST Incorporated'.

VOLUNTEER CENTRE OF WESTERN AUSTRALIA (INC.) CONSTITUTION

CORPORATIONS ACT A Public Company Limited by Guarantee CONSTITUTION NATIONAL INSURANCE BROKERS ASSOCIATION OF AUSTRALIA ACN

Sustainable Australia (VIC) Constitution of the Association

Constitution. Australasian Society for Intellectual Disability Ltd. A Company Limited by Guarantee

Affiliated to the Fédération Internationale de Pétanque et Jeu Provençal & Confédération Européenne de Pétanque CONSTITUTION & RULES

PORT HACKING OPEN SAILING CLUB INC.

The Royal College of Nursing of the United Kingdom ( the College ) Standing Orders

Lansdown Hockey Club Constitution

OUR LADY OF FATIMA SCHOOL PARENTS & FRIENDS ASSOCIATION CONSTITUTION

CONSTITUTION for SACRED HEART COLLEGE PARENTS AND FRIENDS ASSOCIATION

PISTOL AUSTRALIA INC CONSTITUTION 1973 Amended 1 April 2013

Australian Association for Environmental Education Constitution

ULYSSES CLUB INCORPORATED ARBN: ABN: CONSTITUTION. AMENDED March 2009 CONTENTS INCOME AND PROPERTY

Constitution. East Gippsland Bowls Division Inc. Registration No: A P. Date: 01/03/2014

The Woodsboro/New Midway Recreation Council

St. Monica s Child and Youth Care Centre Page 1 of 6

ANGLICARE AUSTRALIA Inc. CONSTITUTION. No. A W

Legal Studies Association of NSW Inc CONSTITUTION

THE UNSW WESTS WATER POLO CLUB CONSTITUTION

2 Objects The club is established for the purposes expressed in the memorandum of association.

TSHWANE CHESS Region

CONSTITUTION AYR GAIETY PARTNERSHIP. Charity no SC041464

CONSTITUTION OF THE BUNBURY AND DISTRICTS HOCKEY STADIUM INCORPORATED

Constitution. Date: 5 August Yarra Region (Registration No. [TBC])

As amended 22 October 2014 NAME. 1. The name of the association is Rowing New South Wales Incorporated.

1.2 The Organisation shall be registered as an Incorporated Society in terms of the Incorporated Societies Act 1908 of New Zealand.

VICTORIAN ORFF SCHULWERK ASSOCIATION INCORPORATED Number: A008105C. Rules 18 th November 2010

Home Economics Institute of Australia Inc.

THE RULES OF ORANGE HOCKEY INCORPORATED

EXECUTIVE WOMEN INTERNATIONAL CHAPTER BYLAWS ARTICLE I NAME

EUROPEAN CITIZEN ACTION SERVICE (ECAS) ARTICLES OF ASSOCIATION

CONSTITUTION OF DIABETES NAMIBIA. 1. NAME The name of the association shall be Diabetes Association of Namibia.

Bowmoor Sailing Club Supporters Constitution

CONSTITUTION OF THE ASSOCIATION FREUNDE UND FÖRDERER DER STAATSOPER UNTER DEN LINDEN E.V.

AV Makers South Africa. Constitution

STATUTES OF FORUM SYD

Friends of Dovecot CONSTITUTION

CONSUMER AFFAIRS VICTORIA Associations Incorporation Reform Act MODEL RULES For an INCORPORATED ASSOCIATION

THE COMPANIES ACTS 1985, 1989 and 2006 MEMORANDUM OF ASSOCIATION OF ACADEMY OF SOCIAL

CONSTITUTION for The Chrysler Car Club of South Australia Incorporated ASSOCIATIONS INCORPORATION ACT 1985 (SA)

NEW SOUTH WALES CRICKET UMPIRES AND SCORERS ASSOCIATION INC.

South African Sports Association for the Intellectually Impaired For Para-athletes with an Intellectual Disability

THE ASSOCIATION OF CHARTERED CERTIFIED ACCOUNTANTS (ACCA) HONG KONG NETWORK CONSTITUTION

DEVON COUNTY BADMINTON ASSOCIATION

PARA HILLS BOWLING CLUB

COMPANIES ACT 2014 CONSTITUTION OF THE GALWAY MUSIC RESIDENCY MEMORANDUM OF ASSOCIATION

CONSTITUTION CAPE TOWN TOURISM

The Irish Language Association of Australia Incorporated.

CONSTITUTION. WOMEN IN TOURISM and HOSPITALITY TASMANIA. WITH Tasmania Constitution V

By Laws of Oklahoma Alliance of Information and Referral Systems Article I

CONSTITUTION OF THE AUSTRALIAN SOCIETY FOR OPERATIONS RESEARCH INCORPORATED (ASOR)

CONSTITUTION EXECUTIVE COMMITTEE. 1. Definitions

Rules of Friends of the Albert Hall Inc.

Constitution of Skate Canada Saskatchewan Inc.

CONSTITUTION OF THE SOUTH AFRICAN WIND ENERGY ASSOCIATION ( SAWEA )

PORT STEPHENS FM RADIO INCORPORATED

Transcription:

A Basic Guide to completing the NPO APPLICATION FORM Prepared by RICARDO WYNGAARD ATTORNEYS www.nonprofitlawyer.co.za Copyright 2011 Disclaimer: This document is aimed at serving as a guide and may not be applicable to all specific circumstances. Professional assistance should be obtained before acting on any of the information in this document. Prepared by: Ricardo Wyngaard Attorney 2011 Page 1

Page 1: 1. Write down the name of the Organisation. Please Note: The name on the Application Form must be same as the name in the constitution. 2. Enter the Physical and Postal Addresses and Telephone and Fax Numbers for the Organisation. 3. Enter the date of the Organisation s financial year-end. The date on the Application Form must be the same as the date in the constitution. If the date for the financial year-end is not reflected in the constitution, registration will be denied. Page 2: 4. Complete the section called Particulars of Office-bearers section. Check in the constitution for the required number of office-bearers and their portfolios. The detail on the Application Form must be the same as in the constitution. The full and correct details of all the office-bearers must be provided. Make sure to enter all 13 digits where space is provided for the identity numbers. Make sure that the space for Capacity in Organisation correspond with the capacities (portfolios) listed in the constitution. For example, if the constitution makes provision for a Chairperson, Deputy-Chairperson, Secretary, Deputy-Secretary and Treasurer these five capacities must be captured in the application form. If only three are reflected on the application form, registration will be denied. If there are more than six office-bearers, make a copy of page 2 (before filling in any detail) and fill the details of the rest of the office-bearers on that copy. Prepared by: Ricardo Wyngaard Attorney 2011 Page 2

Page 3: 5. Complete the section called Compulsory requirements for registration in terms of section 12(2) by providing the applicable reference in the constitution. It is not sufficient to only refer to the page where the relevant clause is located you must refer to the specific clause as shown in the following example. Compulsory Clauses Section 12 (2) NPO Act - EXAMPLE CLAUSE a. state the organisation s name Clause 1 b. state the organisation s main and ancillary objectives Clause 2 c. state that the organisation s income and property are not distributable to its Clause 4.1 members or office-bearers, except as reasonable compensation for services rendered d. make provision for the organisation to be a body corporate and have an Clause 3.1 identity and existence distinct from its members or office-bearers e. make provision for the organisation s continued existence notwithstanding Clause 3.2 changes in the composition of its membership or office-bearers f. ensure that the members or office-bearers have no rights in the property or other assets of the organisation solely by virtue of their being members or office-bearers Clause 4.2 g. specify the powers of the organisation Clause 5 h. specify the organisational structures and mechanisms for its governance Clause 8-10 i. set out the rules for convening and conducting meetings, including quorums Clause 11 required for and the minutes to be kept of those meetings j. determine the manner in which decisions are to be made Clause 11.6 k. provide that the organisation s financial transactions must be conducted by Clause 12.3 means of a banking account l. determine a date for the end of the organisation s financial year Clause 12.5 m. set out a procedure for changing the constitution Clause 14 n. set out a procedure by which the organisation may be wound up or dissolved Clause 15 o. provide that, when the organisation is being wound up or dissolved, any asset remaining after all its liabilities have been met, must be transferred to another nonprofit organisation having similar objectives Clause 15 If any of the above clauses are not in the constitution, the organisation will have to amend its constitution to capture the outstanding clauses. Prepared by: Ricardo Wyngaard Attorney 2011 Page 3

NB: Some common problems organisations being experienced when completing this section: If the clauses in the constitution do not properly capture the requirements listed in section 12, the Directorate for Nonprofit Organisations will not register the organisation. Constitutions sometimes do not capture the Powers of the Organisation and only reflect the powers of the committee. This is insufficient as the NPO Act requires for the organisation s powers to be reflected. The constitution must stipulate that the organisation s financial transactions must be conducted by means of a bank account. This is compulsory. If the constitution makes this optional, by for example, stating that at organisation may make use of a bank account it is insufficient. It is required that the constitution states that upon dissolution any assets remaining after its liabilities have been met, must be transferred to another non-profit organisation having similar objectives. If the constitution only states to another organisation it is insufficient and will not be registered. The constitution must set out the rules for convening and conducting meetings, including quorums required for and the minutes to be kept of those meetings. Sometimes constitutions reflect the rules for meetings, but do not specify the quorum requirements or that minutes should be kept of meetings. The section on Optional Provisions for Registration is voluntary and does not have to be completed. Prepared by: Ricardo Wyngaard Attorney 2011 Page 4

Page 4: 6. Completing the section called Additional Information Required is voluntary, but if completed, it must reflect the correct information, i.e., date when the organisation was established, area of operation (geographical and sector) and if the organisation is affiliated to any other body or structure. 7. Completing the section called Declaration by person submitting this application is compulsory. The person signing the form must have the authority to do so and should insert his or her name, capacity and signature and add the date. Submitting the application: 8. The NPO Act requires that a NPO must submit a properly completed NPO Application Form and two copies of its constitution. The NPO Directorate may require any other information to determine whether or not the nonprofit organisation meets the requirements for registration. Do not submit the original constitution, but two copies. It must be signed copies of the constitution, alternatively, if the constitution is unsigned the organisation must submit a resolution signed by an authorised member confirming that the constitution was adopted. The application containing the above documents should be send per registered mail to the NPO Directorate. Copies should be made of the complete set of documents that were sent to the NPO Directorate. Prepared by: Ricardo Wyngaard Attorney 2011 Page 5