If a person collects contributions, and for which he is remunerated, he may not publish any advertisement or notice (for that purpose) unless it states: clearly, and in a prominent position, that the collection is for remuneration; the places at which, and the times when, his written agreement with the particular fund-raising organisation may be inspected; and. Who is allowed to sign off and submit building plans for approval in South Africa? [Set forth detailed schedule of fundraising activities, e.g. Understand you must insure your workers. The administration process of a deceased estate is a complex process with many legal requirements, you ensure that you nominate someone who will be able to do what is required. The latest and most comprehensive legislation detailing money laundering controls is the Financial Intelligence Centre Act (Fica), the focus of which is on control requirements. Note - fundraising numbers are not longer relevant. However, experience has shown that it would be to your advantage to be registered as a NPO (NonProfit Organisation) and have an NPO number. If you want to hold an event to raise funds, then you must make it clear to the people you invite that the money they give is in the form of a donation for that charity. The people we will serve are not in a position to pay for this help. In most states, business owners (particularly those with … See SARS for more information. It determines the organisation’s mission and purpose. What Are the Legal Requirements for Starting a Business? RESEARCH PAPER SUBMITTED IN PARTIAL FULFILMENT OF THE REQUIREMENTS FOR THE LLM DEGREE, UNIVERSITY OF THE WESTERN CAPE . Scroll down, there is a very good Toolkit on Proposal writing which can be downloaded (for free) - either in MSWord or PDF format. You should be able to contact other donors. This is a very broad subject. Also visit the SANGONeT Website - "NPO Management Toolkit" and http://www.civicus.org - Resources & Services / Civil Society Toolkits, Only if you are registered as exempt. Society lottery.—A society lottery shall not be unlawful if— (a)it is conducted only in the Republic; (b)the society for whose benefit the lottery is run or to be run, is authorized to collect contributions from the public in terms of the provisions of the Fund-raising Act, 1978 (Act No. Who is the Director, General Manager or Chief Executive? ↩, Section 30(8) read with section 6(9) and section 34(1)(b). Create your campaign for free! 2 4. Proposed Degree: LLM (Corporate Law) Department: Determine the need and then go on to the next point! However, as a project develops, a loan or other funding that has obligations attached to it (such as repayment) may well be needed. Consult an Attorney or Chartered Accountant. Membership of SAIF is individual not organisational. Click here for PDF format of the NPO Act. The SAIF membership list is not for sale nor is it divulged to a third party. Do they get funds from Community Chest or the National Lottery? A ‘contribution’ is considered to be money, and any property, which can be converted into or exchanged for money, and which is not transferred in fulfilment of an enforceable obligation, or which gives rise to a right to claim anything other than participation in a game or competition (e.g. ↩, Colleges for Further Education and Training, Protection of Personal Information (POPI), Protection of Invested Funds and Trust Property, Compensation for Injuries, Disease or Death, Equal Opportunities and Affirmative Action, National Building Regulations and Standards, The Liquor Trade in Limpopo and North West, Electronic Communications and Transactions, Procurement of Supplies and Information in the National Interest, The Laws Governing the Auditing Profession, Registration, Shareholding and Undesirable Practices in Banks, Controls and Protection for Collective Investment Schemes, FICA: Requirements for Reporting and Accountability, The Laws to Ensure Efficient and Effective Collection of Tax | Tax Evasion, Laws to Regulate NPOs and the Collecting of Funding, Laws about Caregivers, Residential Facilities and Abuse of Older Persons, Criminal Prohibitions to Protect the SARS Name, Regulating Social Work and the Social Service Profession. ‘Fundraising for Non-profits’ demystifies the processes of setting up and resourcing nonprofit organisations in South Africa. They will send a pack of information containing a model constitution, which you can follow. Coronavirus (COVID-19) Pandemic: A legal perspective. They should represent the stakeholders and constituencies involved in the organisation; such as: the clients, beneficiaries or community; or even the donors funding the programme. A non-profit company is a company incorporated for one or more objects, either a public benefit or … We believe that fundraisers should be paid a market related rate commensurate with the job requirements. ↩, Section 7(8) read with section 34(1)(b). See application form and model constitution supplied by the Department of Social Development, Visit http://www.dsd.gov.za/npo/ - All You need to Know About the Registration of an Non-Profit Organisation (NPO). (Available for purchase). Should you really believe in your product, you may sent an e-mail proposal to the National Office for perusal by the National Council. These funds all have boards, appointed in terms of the Act, and one of their functions is to collect contributions. Depending on your requirements, it may be a little as organising a "Big Walk" or as large as submitting a funding application to a Corporate Donor or the National Lottery. People coming to the door with collection lists (with Fundraising number) – is this legal – do the donations go to the organisation listed? Reconsider travel to South Africa due to COVID-19.Exercise increased caution in South Africa due to crime, civil unrest, and drought.. Read the Department of State’s COVID-19 page before you plan any international travel.. Those organizations generally have a good method of checking the legality of an organisation. © The Southern Africa Institute of Fundraising. Have you looked at their annual financial statements? What is their NPO number? What do we have to do legally to make this into a registered NGO? These are thousands of charities in South Africa. The jackpot should not exceed $250 in value and the law does not permit any more than three jackpots per session of bingo. Downes Murray International can advise as to where/how lists can be rented (note – this is quite expensive!). Would it benefit our Church to become a member of SAIF? The person in question commits a criminal offence if he does not return the permit itself within seven days. Do they own or rent the premises? All rights reserved. Do I need a fundraising number in order to raise funds? Every ticket must have the date of the lottery and the name and address of … However, I receive requests from very poor and rural communities who are not able to fund our daily rate. Is there any guideline on applicable daily or hourly rates or is this for agreement between my client and me? I want to circulate information to the SAIF membership base - how do I go about it? * Ensure that planning for all regional projects is done a month in advance. What should or shouldn't a Case Statement be? They have the right to protect the use of their name. Fundraising Rules and Regulations Related to Deductible Charitable Contributions. Copies of the Government Acts can be obtained from Government Printer in Pretoria – 012 334 4500 (consult current telephone directory) or visit http://www.info.gov.za/documents/index.htm. Or perhaps you’re a part of an existing operation that is finally ready to reap the fundraising potential of having 501c3 Skip to content 870 Market Street, Suite 643 San Francisco, California 94102 1-415-214-8314 [email protected] Mon-Fri: 9:30am to 6:00pm Members of the Board should have an interest in the work and future of the organisation they serve. It is a criminal offence, in any manner whatsoever to solicit, accept, collect or obtain (that is ‘collect’) contributions from the public unless you have written authorization from the Director of Fundraising.1, It is a criminal offence to go about collecting contributions otherwise than as provided in the Act.2, No contribution may be used for any object other than that specified in the authorisation, and it is an offence to do otherwise.3, Every fund-raising organisation, and a branch of such an organisation which is registered separately, and every holder of a temporary authorisation must keep record (as prescribed by regulation) of all moneys received and expended; of all assets and liabilities; and of all financial transactions. Who benefits from their activities and in what form? Note - the Fundraising Act of 1997 was replaced with the Non Profit Act. The Lotteries Act requires that NPOs that wish to run a lottery must be registered in terms of the NPO Act. a raffle). How often does their board (committee) meet? Lists of Donors/companies/ trusts, etc, go to www.papillonpress.co.za, which has all info on donor directory service. Their website has detailed explanations on how to register for tax exemption and the tax deductibility of donations, No (see benefits for members & A Case for joining SAIF). It is often possible to secure donations or grants to establish a project, which do not need to be repaid. Either way is permissible, providing you make it clear to all concerned and everyone is in agreement. LAUNCH YOUR FUNDRAISER > A non-profit organisation is a trust, company or other association of persons that is started to assist the needy or disadvantaged. I have been invited to join an international group of people, of all colours, races and creeds, which creates a forum of peaceful and caring human people. What is the difference between an NPO and a Section 21 and Trust Organisation? From personal fundraisers to acts of kindness, generosity and more. Online Fundraising Pages for South Africa; We helped people from all over South Africa crowdfund the things that matter to them most. (However, what should be born in mind is that because an organisation has a NPO number, it only means that the organisation complies with the requirements laid down by the Department of Social Development and it is not a guarantee of the reliability of the organisation), What is their Income Tax Number? It is an offence to fail to comply with this obligation.18, Section 11(1) read with section 34(1)(a). CCG Systems is looking for potential candidates, with a great sense of humour to join our team in the capacity of a Regional Office Administrator based in Limpopo. People then have the choice to donate or not to donate. The consulting rate should be market related, depending on what skills you are bringing to the party. It is not just a straightforward description of the institution. If an inspector calls for security to be furnished by the organisation, or for it to provide records, books, accounts and documents, it is an offence to fail to comply therewith.15, Any person who hinders or obstructs the Director, or any member of his staff, or an inspector in the execution of his duties, commits a criminal offence.16, Any person who falsely represents himself to be the Director, or a member of his staff, or an inspector, commits a crime.17, Any person carrying out, or assisting in an inspection shall preserve the secrecy of all matters that may come to his knowledge in the performance of his duties. * Issue invites to delegates for all events and meetings arranged by the company (e.g. All money raised should be paid directly to the client and they should pay you for your services on presentation of invoice. No one under the age of 18 may play … It serves as a catalyst in the process of evolving such thinking. She loves seeing the excitement on people's faces as they grasp new ideas, skills, and information. The law relating to promotional competitions was in a mess. You have an obligation to act responsibly with donor funds. The Fund-Raising Act 1978 controls the collection of funds from the public, and is administered by the Minister of Social Development. Where would I obtain information on how to fundraise through bequests? We could help them using our own resources but they have to commit a portion of funds raised to meeting our costs. Do not contribute if you are not satisfied as to their authenticity. You are not allowed to hold back any fees raised on behalf of a client. However, we do not agree with commission based fundraising because it leads to abuse. It enhances the organisation’s public image. Upon termination of operations in South Africa, they must transfer the assets of the South Africa branch to a local PBO, organ of state, or designated institution if more than 15 percent of the branch's receipts and accruals (earned during the three years preceding the termination) were derived from a source within the Republic (Income Tax Act Section 30(3)(b)(iiiA)). An offence is committed if any of these obligations is not met.8, He must produce the special permission if requested to do so by the organisation, or the Director, or a policeman and commits an offence if he fails to do so.11, There are certain statutory funds: the Disaster Relief Fund, the South African Defence Force Fund, the Refugee Relief Fund, the State President’s Fund, and the Social Relief Fund. In South Africa the Non-Profit Organisations Act (NPO Act) covers non-profit organisations and the legal steps for registering them. I understand there are no longer fundraising numbers - Where do I find out whether or not what I want to do is legal? It ensures effective organisational planning. ↩, Section 13(1)(a) read with section 34(1)(b). Do I need to register with SAIF in order to raise funds? See www.paralegaladvice.org.za for valuable information regarding the starting up of an NPO and the difference between the various options. Is their Annual General Meeting open to the public? South Africa: Mining Laws and Regulations 2021. It becomes the authorised resource document for all subsequent forms of communication. Where can I get a list of Corporate donors, Trusts and Foundations? It functions as a vehicle to bring together in one place the thinking of those responsible for the institution’s future. It facilitates raising money for personal, group, political or non-profit causes via donations or perks. From December 2016, South Australian charities registered with the ACNC that fundraise in SA are exempt from applying for a fundraising licence from the Office of Consumer and Business Services (CBS, the body responsible for regulating fundraising activities in SA). We now have voluntary registration of non-profit organisations. Being a registered non-profit organisation (NPO) will not only improve your chances of getting funding, it also tells communities that you care about providing quality services. In the meantime, the resources on this page will help you work out whether your fundraising is covered by fundraising laws, and whether you need to get a licence or approval for your fundraising. The lottery must be conducted only in the Republic of South Africa. These inspectors have wide powers. You can give funds to any charity of your choice – this is between you as the donor and the beneficiary charity. They should be able to issue a special receipt to allow the deduction. It serves as a back-up document, where necessary or appropriate, to other shorter written communication pieces such as releases and media events, special presentations, foundation proposals, fundraising brochures and the like. Student Number: 2202824 . Should you wish to hold the event on a regular basis, you might want to form a small committee to manage the event. The arrangement between you and your client is a contract between both sides. Listed below are major benefits you'll receive when you join the Southern Africa Institute of Fundraising. It is an offence to collect contributions on behalf of, or for, one of these funds if you are not granted special written authorization to do so from the relevant board.14. Are they registered with one of the Department of Social Development, Dept of Health, Dept of Sport or Dept of Culture? Direct Marketing Solutions can also advise on list acquiring. 1 It is a criminal offence to go about collecting contributions otherwise than as provided in the Act. Luckily, with the new Consumer Protection Act that commenced on 1 April 2011 this is resolved. What are the legal implications? Click here to view arguments against commission-based fundraising. The author, Jill Ritchie, a doyenne of fundraising, shares three decades of experience in this, her 27th book. Make an annual donation to the best of their ability. repayment requirements. Therefore, fundraising numbers are not required. No other fundraising organisation in Southern Africa offers you the professional representation that you get when you join SAIF. A. Fundraising obligations It is a criminal offence, in any manner whatsoever to solicit, accept, collect or obtain (that is ‘collect’) contributions from the public unless you have written authorization from the Director of Fundraising. Here’s an easy-to-follow guide for starting your business legally: Create a LLC or Corporation You need to follow procedures and guidelines to ensure the fundraising you are doing is all within the law. Click here to view "Arguments against Commission-based fundraising", Click here to view the International Statement of Ethical Principles. It is a criminal offence not to comply with such an order.6, Any unsolicited contribution, the collection of which would be in conflict with any provision of the Act must be returned (or, if this is not practicable, be dealt with as determined by the Director) and it is an offence to do otherwise.7, When an authorisation from the Director lapses, or is withdrawn, or the organisation in question is dissolved or discontinues its activities, its management must furnish to the Director the prescribed returns, statements, liquidation and distribution account and any other information the Director requires. solicitation campaign, fundraising event, or service under this contract shall occur on _____. Therefore, fundraising numbers are not required. This will allow the donor to deduct a donation (within prescribed limits) from taxable income. The SAIF Branch functions are excellent places to meet and network with other fundraisers. CORPORATE SOCIAL RESPONSIBILITY IN SOUTH AFRICA: HOW CORPORATE PARTNERSHIPS CAN ADVANCE THE SUSTAINABILITY AGENDA . It selects and appoints the executive personnel. We want to organise an event in aid of fundraising for a charity of our choice. How do I acquire the Fundraising Act, especially with regards to the limitations/ requirements for churches wanting to raise funds? The Lotteries Act has this to say about Society Lotteries: 38. However, experience has shown that it would be to your advantage to be registered … Whether or not what you are doing is legal is a matter of normal legal practice. Fundraising for Nonprofits is her … You may have a terrific new business idea, but in order to get your startup off the ground, you first have to make sure you comply with all the legal requirements involved in starting a business. 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