NPO Legal Issues is a bi-monthly electronic newsletter:
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.
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: 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 | 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
NPOs and SAFETY MANAGEMENT - PART 2
'ENTITIES SUSCEPTIBLE TO ABUSE'
POPIA and FUNDRAISING
'A DISTURBING PICTURE'
'AT BEST,CYNICAL'
Governing through a crisis
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
NPOs and Fixed Term Contracts
NPOs take Note! Two Pending Laws
NPOs and BEE Verification
The Small Business Funding Entity
Starting a NPO in South Africa - Revised
'A poorly drafted constitution'
Draft Amended Broad-Based Black Economic Codes of Good Practice (for NPOs)
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
Lotto Policy Review and Volunteer Risk Management
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
Companies Amendment Bill
The Company Secretary
Companies Act: Transitional Provisions
BEE and NPOs - Part 1
Defining the non-profit company
Compulsory Registration for NPOs?