Nonprofit Organisations

Act, ****

Section **

APPLICATION FOR

REGISTRATION BY

A NONPROFIT ORGANISATION

READ THIS FIRST

WHAT IS THE PURPOSE OF

THIS FORM?

This form is an application by a

Nonprofit Organisation for

registration. Registration is

voluntary. If the Nonprofit

Organisation complies with the

requirements for registration then

the Director for Nonprofit

Organisations will enter its name in a

register and send it a certificate of

registration.

WHICH ORGANISATIONS

MAY APPLY FOR

REGISTRATION?

Organisations such as trusts,

companies or other associations

established for a public purpose

whose income and property are not

distributable to its members or

office-bearers except as reasonable

compensation for services rendered.

WHO FILLS IN THIS FORM?

The office-bearer responsible for

managing the nonprofit organisation.

WHERE DOES THIS

FORM GO?

To : Directorate for Nonprofit

Organisations

Private Bag x901

PRETORIA

0001

OR

Human Science Research

Council

Fifth Floor (South)

134 Pretorius Str

PRETORIA

0001

OTHER

REQUIREMENTS?

Two copies of the nonprofit

organisations’ constitution must

accompany this form.

1.

ORGANISATIONAL DETAILS

Name of the organisation

Physical address

Code Postal address

Code Tel

Fax

E-mail

Date of financial year-end

2. PARTICULARS OF OFFICE-BEARERS (If you have more office-bearers than is provided for on this page, please include the particulars of these office-bearers on a separate page and attach it to this application) Name(s)

Name(s)

Surname

Surname

Address Business

Address Business

Residential

Residential

ID Number ID Number Contact details (W) Fax Contact details (W) Fax

(H) E-mail (H) E-mail Capacity in Organisation Capacity in Organisation Name(s) Name(s) Surname Surname Address Business

Address Business

Residential

Residential

ID Number ID Number Contact details (W) Fax Contact details (W) Fax

(H) E-mail (H) E-mail Capacity in Organisation Capacity in Organisation Name(s) Name(s) Surname Surname Address Business

Address Business

Residential

Residential

ID Number ID Number Contact details (W) Fax Contact details (W) Fax

(H) E-mail (H) E-mail Capacity in Organisation Capacity in Organisation 3. REQUIREMENTS FOR REGISTRATION OF THE ORGANISATION’S CONSTITUTION

(1) Compulsory requirements for registration in terms of section 12(2)

(a) Each requirement from (a) – (o) must be reflected in the constitution. If the requirements are not satisfied the director will not register the nonprofit organisation.

(b) Indicate in column 2 where in your organisation’s constitution the requirements listed in column 1 are provided for. Column 1 Column 2

REQUIREMENTS FOR REGISTRATION

Applicable reference

in constitution

(a) Organisation’s name(s)

(b) Organisation’s main and ancillary objectives

(c) Organisation’s income and property are not distributable to its members or office-bearers, except as reasonable compensation for services rendered

(d) Provision for the organisation to be a body corporate and have an identity and existence distinct from its members or office-bearers

(e) Provision for the organisation’s continued existence notwithstanding changes in the composition of its membership or office-bearers

(f) 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

(g) Powers of the organisation

(h) Organisational structures and mechanisms for its governance

(i) Rules for convening and conducting meetings, including quorums required for and the minutes to kept of those meetings

(j) Manner in which decisions are to be made

(k) Provision made for the organisation’s financial transactions to be conducted by means of a banking account

(l) Date for the end of the organisation’s financial year

(m) Procedure for changing the constitution

(n) Procedure by which the organisation may be wound up or dissolved and

(o) Provision that, when the organisation is wound up or dissolved, any assets remaining after all its liabilities have been met, must be transferred to another non-profit organisation having similar objectives

(2) Optional provisions in terms of section 12(3)

(a) These provisions are optional (i.e. not compulsory) but desirable, as they strengthen the governance procedures in the constitution.

(b) Indicate in column 2 where in your organisation’s constitution the provisions listed in column 1 are located.

Column 1 Column 2

OPTIONAL PROVISIONS FOR REGISTRATION

Applicable reference

in constitution

(a) Qualifications for and admission to membership of the organisation

(b) Circumstances in which a member will no longer be entitled to the benefits of membership

(c) Provisions for termination of membership

(d) Provision for appeals against loss of the benefits of membership or against termination of membership, the procedure for such appeals and the body to which such appeals may be made

Column 1 Column 2

OPTIONAL PROVISIONS FOR REGISTRATION APPLICABLE

REFERENCE IN

CONSTITUTION

(e) Provisions for membership fees and matters determining membership fees and other payments by members

(f) Provision that members or office-bearers do not become liable for any of the obligations and liabilities of the organisation solely by virtue of their status as members or office-bearers of the organisation

(g) Provision for the appointment of office-bearers and tabulation of their respective functions

(h) Procedure for nominating, electing or appointing office-bearers

(i) Circumstances and manner in which office-bearers may be removed from office, provision for appeals against such removal, procedures for such appeals the body to which such appeals can be made

(j) Provision that office-bearers are not personally liable for any loss suffered by any person as a result of an act or omission which occurs in good faith while the office-bearer is performing functions for or on behalf of the organisation

(k) Provisions for making investments

(l) Purposes for which the funds of the organisation may be used

(m) Provision for acquiring and controlling assets 4. ADDITIONAL INFORMATION REQUIRED

The completion of this part of the application form is not compulsory. The Directorate for Nonprofit Organisations seeks this information for administrative, background and research purposes. Your application will not be prejudiced if this part of the application form is not completed. Date when organisation was established Organisation’s area of operation

Geographical

Sector Is the organisation affiliated to any other body or structure? (If yes, please specify the name and contact details of this body or structure).

5. DECLARATION BY PERSON SUBMITTING THIS APPLICATION I, the undersigned, declare that I am duly authorised by my organisation to complete and submit this application and that the information contained in this form is to the best of my knowledge correct. Name(s) Signature Capacity

Date 6. DUTIES OF REGISTERED NONPROFIT ORGANISATIONS

Once your organisation has been registered it must:

(a) Reflect its registered status or registration number on all its documents – section 16(3).

(b) Keep accounting records – section 17(1)(a).

(c) Draw up financial statements – section 17(1)(b).

(d) Arrange for an accounting officer to prepare a written report – section 17(2).

(e) Preserve its books of account, supporting vouchers, membership records and financial records and documents – section 17(3).

(f) Submit to the Director of Nonprofit Organisations:

(i) A narrative report – section 18(1)(a).

(ii) Details of any changes of its office-bearers - section 18(1)(b).

(iii) Details of any changes of its address at which it will receive documents – section 18(1)(c).

(iv) Details of any changes in its constitution or its name – section19.

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