NPO Registration process
The NPO, 2019 Act requires the following:
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1/ Register
All NPOs must register under the Act. A NPO shall not carry out operations unless it is registered. How to register:
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Submit application form with payment of a fee ($100 for new NPO – Nil for existing - $50 for renewal) and supporting documents:
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Declaration of purposes of the NPO;
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Proof of identity of the controller and other members of the NPO
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Copies of constitutive documents
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Evidence of board structure
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Registrar will register the NPO and issue a certificate of registration. (to be renewed every 2 years)
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2) Appoint a controller
Every NPO must have a controller
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Company limited by guarantee = a director
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Unincorporated Association = a person responsible for all aspects of management and administration
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Duties of a controller:
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Sign the application for registration of the NPO and certify that the information provided is true to the best of his/her knowledge;
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Sign the Declaration form of availability of financial records;
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Shall cause reliable financial records t be kept at the registered office;
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Notify to the Registrar any changes in the NPO;
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Point of contact between NPO and Registrar.
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3) Record Keeping
A NPO shall keep at its registered office records that are sufficient to show:
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Its purposes, objectives and activities;
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The identity of persons who control or direct its activities
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4) Obligation to maintain reliable financial records (if gross income exceed $75,000 per annum)
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Financial records=records that explain a NPO transactions to demonstrate that its funds have been used in a manner consistent with its purposes + sources of its gross annual income.
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To be maintained for 5 years at its registered office
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5) Declaration of availability of financial records
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Declaration stating that the NPO maintains reliable financial records and they shall be made available through its registered office
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Needs to be submitted
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within 90 days of its registration (for new NPO)
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within 60 days of the coming into force of this Act (for NPO already registered under the old regulations)
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6) Declaration of reportable donations
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Declaration that the NPO is maintaining record at its registered office in respect of any donation that is $100,000 and above (in a lump sum or aggregate sum).
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Exceptions: religious entities, constituent units of umbrella organisations