NPO Legal Issues is a bi-monthly electronic newsletter:

 


Vol 66: NPOs and PBOs Similarities and Differences Vol 66: NPOs and PBOs Similarities and Differences


 

VOLUME 66: NPOs and PBOs Similarities and Differences

In this edition we deal with some of the key similarities and differences between registered NPOs and approved PBOs. Click here to read more.  

VOLUME 65: NPO COMPLIANCE-RELATED DEVELOPMENTS (PART 3)

On 23 June 2023 the Minister of Social Development (the Minister) published a notice in terms of section 12(1)(c) to determine the period within which application must be made by specified organisations to register in terms of the Nonprofit Organisations Act. 

VOLUME 64: NPO COMPLIANCE-RELATED DEVELOPMENTS (PART 2)

The Companies Amendment Regulations 2023 were published on 24 May 2023. The
Companies and Intellectual Property Commission (CIPC) published a Guidance Note, No. 2 of 2023 entitled Beneficial Owner Filing Requirements on 29 May 2023. With reference to Non-Profit Companies, the Guidance Note states: Non-profit Companies with members will have to file a register containing details of their members. In line with the definition of ‘beneficial owner’, persons who exercise effective control of a no-profit company have to be included with the filing.’ Click here to read more

VOLUME 63: NPO COMPLIANCE-RELATED DEVELOPMENTS (PART 1

On 31 March 2023 the Minister of Justice and Correctional Services, Ronald Lamola,

 

published regulations in terms of the Trust Property Control Act. A trustee must in terms
of section 11A of the Act establish and record the ‘beneficial ownership’ of the (nonprofit)
trust, keep a record of the ‘beneficial ownership’ of the (non-profit) trust and lodge
the register of the prescribed information relating to the ‘beneficial owners’ with the
relevant Master of the High Court. Click here to read more

 

 

SPECIAL VOLUME: NON-PROFIT TRUSTS AND BENEFICIAL OWNERSHIP 

The General Laws (Anti-Money Laundering and Combating Terrorism Financing) Amendment Act, 2022 (the Amendment Act) introduced several changes to the Trust Property Control Act (the Trust Act) that are also relevant to non-profit trusts. the amended section 1 of the Trust Act contains a definition for ‘beneficial owner’, which includes: ‘a natural person who exercises effective control of the administration of the trust arrangements that are established pursuant to a trust instrument’ and ‘each founder of the trust’ and ‘each trustee of the trust’.This definition is wide enough to apply to non-profit trusts. Put differently, non-profit trusts also have beneficial owners, as defined in the amended Trust Act.


VOLUME 62: NPOS IN SOUTH AFRICA – CHANGES TO THE NPO ACT

On 29 December 2022 the President of South Africa determined the dates on which sections of the General Laws (Anti-Money Laundering and Combating Terrorism Financing) Amendment Act, 2022 (the Amendment Act) take effect. The Amendment Act introduces several changes to the Nonprofit Organisations Act (the NPO Act). As from 1 April 2023, which is the date on which most of the substantive changes to the NPO Act comes into effect, NPOs in South Africa must comply with the new compliance requirements.


PROTECTION OF PERSONAL INFORMATION ACT:
NOTIFYING THE INFORMATION REGULATOR


The Protection of Personal Information Act (POPIA) imposes important obligations on Organisations in the event of a data breach involving personal information of a data subject. Section 22 of POPIA (which should be easy to remember in 2022) compels Organisations to notify the Information Regulator if the Organisation has reasonable grounds to be believe that the personal information of a data subject has been accessed or acquired by any unauthorised person.

VOLUME 62: NPOS IN SOUTH AFRICA – CHANGES TO THE NPO ACT

On 29 December 2022 the President of South Africa determined the dates on which sections of the General Laws (Anti-Money Laundering and Combating Terrorism Financing) Amendment Act, 2022 (the Amendment Act) take effect. The Amendment Act introduces several changes to the Nonprofit Organisations Act (the NPO Act). As from 1 April 2023, which is the date on which most of the substantive changes to the NPO Act comes into effect, NPOs in South Africa must comply with the new compliance requirements.



NPO & POPIA:12 month
POPIA COMPLIANCE CHECKLIST


It is 12 months since Responsible Parties (i.e. NPOs in this context) are expected to comply with the provisions of POPIA. Now is a good time for NPOs and non-profit companies to do a quick check-up on some key POPIA-compliance milestones. Check out NPO LEGAL ISSUES in which we cover a 12-month POPIA Compliance Checklist


POPI ACT MEANING OF DONATION

The word ‘donation’ is contained once within the Protection of Personal Information Act. It is under the definition of DIRECT MARKETING. This means that fundraising for nonprofits must comply with the relevant POPIA compliance requirements that are applicable to direct marketing. Check out NPO LEGAL ISSUES dealing with fundraising for nonprofits in terms of POPIA. 

VOLUNTEER IN SOUTH AFRICA

There are many nonprofit organizations in South Africa that offer opportunities to volunteer. Some organizations are better equipped than others to manage volunteer projects. It is important to note that the relationship between a volunteer and the nonprofit organization has legal implications. Persons that volunteer at an organization in South Africa should have an understanding of the applicable laws. Check out our NPO LEGAL ISSUES

THE NPO ACT - PROPOSED CHANGES

The NPO Act may soon be amended. The Non Profit Organisation Amendment Bill, 2021 was proposes several changes to the the NPO Act which would have important implications for many non-profit organisations. In this edition of NPO LEGAL ISSUES we deal with the key changes proposed to the NPO Act.


NPOs and POPIA - 12-Month Check-up

Indemnity Forms and NPOs

NPOs and SAFETY MANAGEMENT - PART 2

NPO AMENDMENT BILL, 2021

POPIA and Fundraising Part 2

'ENTITIES SUSCEPTIBLE TO ABUSE'

POPIA and FUNDRAISING

'A DISTURBING PICTURE'

'AT BEST,CYNICAL' 

NPOs and Safety Management

Governing through a crisis 

NPOs and the Phased-in Plan 

Covid-19: NPOs as Essential Service Providers

NPOs and Tax-Deductible Donations

NPOs and Volunteers

Regulations Relevant to NPOs 

Deregistration of Companies 

Lessons from DA & De Lille 

PBOs and Business Activities (Judgment) 

NPOs and Financial Reports

Five agenda items for NPO Boards

Non-profit companies and Proxies

POPI and NPOs Part II

NPOs and Fixed Term Contracts

NPOs take Note! Two Pending Laws 

Employee vs Volunteer

NPOs and BEE Verification

Review of the NPO Act

The Small Business Funding Entity

Starting a NPO in South Africa - Revised

Avoid getting de-registered!

'A poorly drafted constitution' 

Draft Amended Broad-Based Black Economic Codes of Good Practice (for NPOs

Managing Personal Liability

Voluntary but Liable 

Protection of Personal Information Act 

The NPO Act: Who is non-compliant?

Independent Contractors vs Employees 

NPOs and the Revised B-BBEE Codes  

The 31 July 2013 and Analysis: The Non-Profit Revitalization Act 

When is a volunteer an employee?

The myth of the 30 April deadline

 The South African NPO Crisis - time to hold hands 

De-registration of NPOs

 Lotto Policy Review and Volunteer Risk Management

 Policy Framework on NPO Law

 The Second-Hand Goods Act and NPOs  

 Practical challenges when starting a NPO in SA

 Summary of Supreme Court of Appeal judgment against Lotteries Board

 Professional Fundraisers and CPA

 Free State High Court Judgment & Employment Equity Reports

Companies Act, Companies Regulations and CPA Regulations 

 NPOs as Suppliers and Consumers

 Consumer Protection Act

 Commission-based Fundraising

 Companies Amendment Bill

 The Company Secretary 

 The NPC and Non-Profit Trust 

 Companies Act: Transitional Provisions 

 BEE and NPOs - Part 2

 BEE and NPOs - Part 1

 Defining the non-profit company

 Compulsory Registration for NPOs?

 

 

 

 

 

 

 

 

 
 
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