XVI.2019.56;
\n
XXXIX.2020.11.
\n
COUNCIL FOR THE VOLUNTARY SECTOR
\n
Art. 35
\n
35.(1) There shall be a body, to be known as the Malta Council for the Voluntary Sector, which shall have a distinct legal personality. The role of the Council shall be to promote the voluntary sector, provide a forum for the voluntary sector and a platform from which to develop co-operation between voluntary organisations and the Government and co-operation between voluntary organisations amongst themselves. The Malta Council f o r t h e Vo l u n t a r y S e c t o r s h a l l a l s o a s s i s t a n d a d v i s e t h e Commissioner for the Voluntary Sector.
\n
VOLUNTARY ORGANISATIONS
\n
(2)The Council shall be composed of a Chairperson and another ten members, who shall be appointed as follows: (a) one (1) member shall be appointed by the Minister to represent the Government; (b) four (4) members shall be appointed by the Minister in accordance with sub-article (3) from among the voluntary sector in order to represent voluntary organisations; and (c) six (6) members shall be elected directly by the voluntary sector.
\n
(3)The four (4) members of the Council who are appointed by the Minister to represent voluntary organisations shall be appointed after the receipt of nominations following a public call by the Minister for nominations in the following manner: (a) one (1) member to represent founders of and donors to voluntary organisations; (b) one (1) member to represent members of voluntary organisations and volunteers; (c) one (1) member to represent administrators of voluntary organisations; and (d) one (1) member to represent foreign and international organisations:
\n
Provided that where there is more than one nomination representing a particular sector, the Minister shall appoint such members from among the nominations received:
\n
Provided further that where no nominations are received, the Minister shall appoint such members at his discretion:
\n
Provided further that prior to appointing the members of the Council, the Minister shall consult with the Social Affairs Committee of the House of Representatives or any other committee substituting the same immediately upon receiving the nominations.
\n
(4)(a) The six (6) members of the Council who are elected d i r e c t l y b y t h e v o l u n t a r y o rg a n i s a t i o n s e n r o l l e d w i t h t h e Commissioner for Voluntary Organisations shall be representative of the following sectoral groups: (i) one (1) member from the Social and Humanitarian Sector; (ii) one (1) member from the Health and Disability Sector; (iii) one (1) member from the Education, Youth and Sport Sector; (iv) one (1) member from the Environmental Sector and the Animal Welfare Sector; (v) one (1) member from the Arts and Culture Sector; and VOLUNTARY ORGANISATIONS (vi) one (1) member from the Non-Governmental Organisations Sector in Gozo. (b) All members of the Council shall be remunerated for their services in relation with their duties and functions carried out in terms of article 36(2) and (3):
\n
Provided that such remuneration shall be established at eight hundred euro (€800) per annum.
\n
(5)The Chairperson of the Council and the Deputy Chairperson shall be appointed by the Council from among the members of the Council. The Council shall be assisted by a Secretary.
\n
(6)Where the Chairperson is absent from Malta or is otherwise temporarily unable to perform the functions of his office, the Deputy Chairperson shall act as Chairperson and shall exercise all the powers and functions of the Chairperson.
\n
(7)A person shall not be qualified to be appointed or to hold office as a member of the Council if he: (a) is a Judge, a Magistrate, a Member of the House of Representatives or a Local Council, or a candidate for election to the House of Representatives or a Local Council; or (b) is legally incapacitated or interdicted; or (c) has been declared bankrupt or has made a composition or arrangement with his creditors; or (d) has been convicted of a crime affecting public trust or theft or fraud or of knowingly receiving property obtained by theft or fraud; or (e) is subject to disqualification under article 320 of the Companies Act or is involved or has interest in any enterprise or activity which is likely to affect the proper discharge of his function as a member of the Council.
\n
(8)Subject to the provisions of this article, the office of a member of the Council shall become vacant: (a) at the expiration of his term of office; (b) if a member of the Council is absent for more than half of the meetings of the same Council in a calendar year or three consecutive meetings without an excuse; or (c) if any circumstances arise that, if he were not a member of the Council, would cause him to be disqualified for appointment as such.
\n
(9)A member of the Council may be relieved from office by the Minister on the ground of inability to perform the functions of his office, whether due to infirmity of mind or body, or to any other cause, or on the ground of misbehaviour.
\n
(10)A member of the Council may resign from his office by means of a letter to the Minister. If a member resigns or is relieved VOLUNTARY ORGANISATIONS from office by the Minister or if the office of a member of the Council is otherwise vacant, the vacancy shall be filled reflecting the person’s appointment in terms of sub-article (3), as the case may be, and any person so appointed shall continue in office for the remaining period of the term of office of the person whom he is substituting and shall be eligible for re-appointment.
\n
(11)The Council shall meet at least once every three (3) months and shall be convened by the Chairperson:
\n
Provided that the Chairperson shall convene a meeting of the Council when requested to do so by at least three members thereof.
\n
(12)The Council shall, subject to the provisions of this Act, regulate its own procedures.
\n
(13)The Council shall appoint a sub-committee composed of three
\n
(3)members of the Council. The sub-committee shall have a quorum of two (2) members and the written response of the two (2) members agreeing or disagreeing to a recommended course of action shall suffice as an expression of the views of the committee.
\n
(14)The term of office of the Council shall be of three (3) years and the said Council may be eligible for re-appointment.
\n
Art. 36
\n
36.(1) The powers of the Council are: (a) to carry out such functions and have such powers as may be prescribed, from time to time, by the Minister responsible for the voluntary sector by means of regulations made by virtue of this Act; (b) to provide a consultative forum that can effectively address issues related to the voluntary sector; (c) to assist the Commissioner for Voluntary Organisations; (d) to provide a platform from which to develop cooperation between voluntary organisations and the Government; (e) to stimulate co-operation and networking between voluntary organisations; (f) to administer the Voluntary Organisations Fund in terms of article 37(3); (g) to promote and encourage a culture of volunteering and participation in volunteering activities among people, especially children and youths, as an aspect of personal and social development; (h) to foster co-operation in the voluntary sector with local and international bodies, entities or other persons for the encouragement and promotion of the development of volunteering programmes, initiatives and activities; and (i) to encourage, in furtherance of the principle of subsidiarity, non-governmental bodies and private entities or persons and local councils to contribute to Powers of the Council.
\n
Substituted by:
\n
XXXVI.2018.28.
\n
VOLUNTARY ORGANISATIONS the promotion of volunteering in Malta.
\n
(2)The functions of the Council are: (a) to provide on-going guidance and advice in relation to the implementation of the Council’s strategy; (b) to support, develop and promote the interests and work of all voluntary organisations in Malta and Gozo; (c) to meet the ever-increasing needs of the voluntary sector; (d) to make recommendations to the Minister on a national volunteering policy, or otherwise, in relation to the development of volunteering; (e) to develop and implement policies and strategies for the furtherance of its objectives and functions, to initiate, encourage and facilitate research and development in relation to volunteering; (f) to promote and ensure the education and preparation of volunteer administrators and officials with the required vocational and professional competencies, and to promote, organise or assist by whatsoever means, educational schemes for volunteers; (g) to promote and ensure the establishment, development and maintenance and proper use of the Voluntary Organisation Centre, to be of service and a resource to voluntary organisations; (h) when so directed by the Minister, to represent the Government of Malta internationally or regionally in matters related to the voluntary sector as may be designated by the Minister; (i) to support voluntary organisations in the acquisition of both local and EU funds; (j) to collect and distribute information, and provide advice, on matters related to the activities of the Council; (k) to keep a register of bona fide voluntary organisations, entities and other persons who are considered to be voluntary organisations; (l) to raise money and to administer and expend money appropriated by the House of Representatives or otherwise received from other sources; (m) to consult and co-operate with local councils and other persons on matters related to the voluntary sector; (n) to draw up, develop and amend, from time to time, a Code of Ethics to be followed by volunteers and voluntary organisations; and (o) to carry out such functions and have such powers as may be prescribed, from time to time, by the Minister responsible for Social Policy by means of regulations made by virtue of this Act.
\n
VOLUNTARY ORGANISATIONS
\n
(3)Subject to the provisions of this Act, the Council has the power to do all things necessary or convenient to be done in connection with the performance of its functions and shall be capable, subject to the provisions of this Act, of entering into contracts, of acquiring, holding and disposing of any kind of property for the purposes of its functions, of suing and being sued, and of doing all such things and entering into all such transactions as are incidental or conducive to the exercise or performance of its functions under this Act, including the lending or borrowing of money.
\n
(4)The legal and judicial representation of the Council shall be vested in the Chairperson and the Deputy Chairperson in the absence of the former, or in any other person under such terms and conditions and with such powers as the Council may from time to time by resolution determine.
\n
(5)Any document purporting to be an instrument made or issued by the Council and signed by the Chairperson shall be received in evidence and shall, until the contrary is proved, be deemed to be an instrument made or issued by the Council.
\n
(6)The Council may engage or employ persons to perform services for the Council and may enter into any agreement to exercise any of its functions through the agency or services of any person.
\n
(7)The Council shall engage a Chief Executive Officer in terms of the Public Administration Act, and: (a) subject to the other provisions of this Act and to any directions of the Council, the executive conduct of the Council, its administration and organisation and the administrative control of its officers and staff, shall be the responsibility of the Chief Executive Officer, who shall also have such other powers as may from time to time be delegated to him by the Council; (b) the Chief Executive Officer shall also be responsible for the implementation of the objectives of the Council and the exercise of its functions and without prejudice to the generality of the foregoing he shall develop the necessary strategies, policies and regulations for the implementation of the objectives of the Council, advise the Council on any matter it may refer to him or on any matter which he considers necessary or expedient, and perform such other duties as the Council may assign to him from time to time; (c) the Chief Executive Officer shall have the right to attend all the meetings of the Council. The Chief Executive Officer shall not, however, have a vote or be counted for the purpose of constituting a quorum; and (d) the Chief Executive Officer shall perform all his duties only under the direction of the Council.
\n
(8)The Council may: (a) obtain commercial sponsorship for the Council and VOLUNTARY ORGANISATIONS participate in marketing arrangements involving the endorsement by the Council of products and services associated with volunteering; (b) arrange for the manufacture and distribution (whether for profit or otherwise) of any article or thing bearing a mark, symbol or writing that is associated with the Council; and (c) provide (whether for profit or otherwise) goods and services to persons using, or otherwise attending at, facilities of the Council.
\n
(9)The Council may charge or impose such reasonable fees in respect of: (a) access to, or use of, any of its resources or facilities; and (b) the provision by it of programs, services, information and advice.
\n
(10)The Council shall meet as often as may be necessary or expedient. The meetings of the Council shall be convened by the Chairperson either of his own initiative or at the request of at least four (4) of the other members.
\n
(11)The Council shall not act unless a quorum consisting of not less than fifty percent plus one (50% +1) of the appointed members are present.
\n
(12)The meetings of the Council shall be chaired by the Chairperson or, in his absence, by the Deputy Chairperson.
\n
(13)Decisions of the Council shall be taken by a simple majority of the votes of the members present and voting. In the case of equality of votes, the Chairperson or in his absence the Deputy Chairperson shall have and exercise a second or casting vote.
\n
(14)Without prejudice to the other provisions of this Act, no decision shall be valid which is not supported by at least four (4) members of the Council.
\n
(15)Any vacancy among the members of the Council, and any participation therein by a person not entitled so to do, shall not invalidate the proceedings of the Council.
\n
(16)The Minister may, after consultation with the Council, from time to time give to the Council such directives in writing as he may deem appropriate and not being inconsistent with the provisions of this Act, and the Council shall, as soon as may be, comply with and give effect to all such directives and shall conduct its affairs accordingly.
\n
(17)The Council shall afford to the Minister all necessary facilities for obtaining information with respect to the property and activities of the Council and furnish him with returns, accounts and other information with respect thereto, and afford him the necessary facilities for the verification of information furnished, in such manner and at such times as he may reasonably require.
\n
(18)For the purposes of this Act the Council shall submit to the VOLUNTARY ORGANISATIONS Minister for his approval, a two-year strategic plan which establishes clear objectives and targets to attain its principal aims and objectives during the said period in fulfilment of its functions under this Act.
\n
(19)The aforementioned strategic plan shall be presented to the Minister for his approval not less than two (2) months before the commencement of the period to which the strategic plan relates, and shall come into force on the day on which it is approved by the Minister or the day of commencement of the period to which it relates, whichever is the later:
\n
Provided that the first strategic plan shall be prepared by the Council and submitted to the Minister for approval within six
\n
(6)weeks from the date of appointment of the Council.
\n
(20)The Council shall also from time to time during the period in respect of which a strategic plan is in force, consider and propose to the Minister any necessary variations to the said plan and, following approval by the Minister, vary the said plan.
\n
(21)The Council shall at the beginning of each year in respect of which a strategic plan is in force, prepare an operational plan that articulates the programmes, initiatives and activities that it will undertake in fulfilment of the objectives defined in the said strategic plan for the said year.
\n
(22)(a) Subject to the provisions of the Constitution and of any other enactment applicable thereto, including this Act, the Council, acting with the concurrence of the Minister, may appoint and employ such officials and other employees with such remuneration and upon such terms and conditions as the Council may, from time to time, determine. (b) The Chief Executive Officer shall be appointed to act as the administrative official of the Council and manage all the related operation. (c) The officer detailed for such duty with the Council shall at all times be under the administrative authority and control of the Council but he shall for other intents and purposes remain and be considered as a public officer. (d) Without prejudice to the generality of paragraphs (a) to (c), the officer detailed for duty as aforesaid, shall not, during the time in respect of which he is so detailed: (i) be precluded from applying for a transfer to a department of the Government in accordance with the terms and conditions of service attached to the appointment under the Government held by him at a date on which he is so detailed for duty; or (ii) be so employed that his remuneration and conditions of service are less favourable than those which are attached to the appointment under the Government held by him at the date aforesaid or which would have become attached VOLUNTARY ORGANISATIONS to such appointment, during the said period, had such officer not been detailed for duty with the Council. (e) Without prejudice to the generality of paragraphs (a) to (d), the officer detailed for duty as aforesaid, shall, during the period for which he is so engaged: (i) be entitled to have his service with the Council considered as service with the Government, for the purposes of any pension, gratuity, or benefit under the Pensions Ordinance and the Widows’ and Orphans’ Pensions Act and to any other right or privilege to which he would be entitled; and, or (ii) be accountable for any liability:
\n
Provided that, for the purpose of such pension, gratuity or benefit, regard shall be had solely to the substantive grade with the Government of the officer so engaged.
\n
PART IX
\n
Voluntary Organisations Fund.
\n
Amended by:
\n
XXXVI.2018.30.
\n
VOLUNTARY ORGANISATIONS FUND
\n
Art. 37
\n
37.(1) The Voluntary Organisations Fund shall be hereby established as a foundation and shall be registered in terms of the Second Schedule to the Civil Code and enrolled as the first enrolled voluntary organisation in terms of this Act.
\n
(2)The address of the Voluntary Organisations Fund shall be the office of the Commissioner or any other address as the Council may, from time to time, deem fit.
\n
(3)The objects of the Voluntary Organisations Fund shall be to assist and support enrolled voluntary organisations through education, management and support and financial grants for the said purposes.
\n
(4)The Voluntary Organisations Fund shall be vested with the right to income and capital as is contemplated by the provisions of this Act or any regulations made thereunder:
\n
Provided that article 29 of the Second Schedule to the Civil Code shall not apply to the Voluntary Organisations Fund and the requirements therein shall be substituted by a statement signed by the Commissioner.
\n
(5)The Voluntary Organisations Fund shall be administered by the Council which shall appoint a board of administrators for the purpose.
\n
(6)The board of the Voluntary Organisations Fund shall enjoy discretion as to the distribution of income and capital of such Fund for the purposes outlined in subarticle (3) and shall, by not later than the fifteenth day of February of each year, submit to the C o u n c i l a d e t a i l e d wr i t t e n r e p o r t o f i t s r e c e i p t s a n d of a l l distributions of income and capital of such Fund during the preceding calendar year.
\n
(7)Legal representation of the Voluntary Organisations Fund shall be vested in the Chairperson of the board of administrators or any other person designated by the board for the purpose.
\n
VOLUNTARY ORGANISATIONS
\n
PART X
\n
GENERAL
\n
Art. 38
\n
38.(1) Voluntary organisations shall not be established principally for trading purposes nor shall they regularly engage in acts of trade, but to the extent that they are established for public purposes which are achieved through the carrying out of such acts of trade provided in sub-article (2), voluntary organisations may regularly carry out such acts of trade which are related and ancillary to the principal purpose and objectives of the organisations in order to achieve their public purposes:
\n
Provided that trading activities which do not fall within the exemptions of sub-article (2) but which are only marginal to the income of the voluntary organisation may also be carried out by the v o l u n t a r y o rg a n i s a t i o n i t s e l f , s u b j e c t t o t h e r e q u i r e m e n t s established under sub-article (6).
\n
(2)For the purposes of this article, the following activities carried out by a voluntary organisation and, or the following income generated directly in the achievement of the public purposes of such organisation, shall be presumed to be permitted under sub-article (1): (a) the operations and activities carried out by schools, training centres and other educational institutes and the charging of fees for educational services; (b) income generated from the sale of goods and, or the provision of services, by a voluntary organisation when such goods and, or services are themselves donated to the voluntary organisation; (c) income generated from the sale of goods and, or the provision of services only to members, supporters, sponsors or contributors of the voluntary organisation or the group of organisations of which it forms part; (d) income generated from the sale of goods or the provision of services on sites administered by the voluntary organisation and offered to bona fide visitors by the organisation itself through volunteers or employees:
\n
Provided that this shall not apply to shops, bars, restaurants or other outlets on such sites, or the sites themselves when these operate under lease agreements, management agreements, licences or otherwise by third parties for profit; (e) the operations and activities of art galleries, exhibitions, museums and other organisations established for the advancement of culture, arts and national heritage and the charging of fees for the admission at theatrical, musical activities or other such activities; (f) participation fees in competitions; (g) payment for residential accommodation, care and other Voluntary organisations not to be established for trade.
\n
Amended by:
\n
L.N. 177 of 2012;
\n
XXXI.2018.61.
\n
Substituted by:
\n
XXXVI.2018.31.
\n
Amended by:
\n
XXXIX.2020.12.
\n
VOLUNTARY ORGANISATIONS philanthropic support provided on a cost or subsidised basis; and (h) such other activities intended to raise funds for the achievement of the principal purpose and objectives of the organisation resulting in: (i) income from the grant on lease or a management contract of land or buildings or other commercial property to a third party, where no services are provided by the voluntary organisation; (ii) income from the investment of the assets of a voluntary organisation, including the holding of shares or other interests in another legal organisation; (iii) income which may be made payable to voluntary organisations which own, administer or otherwise operate an innovative technology arrangement as defined in the Malta Digital Innovation Authority Act; and (iv) such other activities or classes of income as may be prescribed by regulations made by the Minister on the recommendation of the Council.
\n
(3)In cases other than those contemplated in sub-articles (1) and (2), unless acts of trade and trading activities are only marginal to the income of the voluntary organisation, such organisation shall establish a limited liability company to carry out acts of trade and the administrators of the voluntary organisation shall ensure that such establishment shall not burden the human and financial resources of such organisation beyond its means.
\n
(4)The limited liability company established in terms of subarticle (3): (a) shall in all cases be permitted to carry out those acts of trade which are related or ancillary to the principal purpose and objectives of the voluntary organisation, or if expressly permitted in the statute of such voluntary organisation, subject to the discretion and satisfaction of the Commissioner; (b) shall be non-profit making in accordance with this Act; (c) shall have directors who do not receive any remuneration for their services for carrying out such functions except as permitted by this Act and, or the statute of the voluntary organisation; and (d) shall not permit the evasion of the limitations imposed on voluntary organisation in the First Schedule by any person in the voluntary organisation or the limited liability company and the same limitations shall also apply in this case to the limited liability company in the same way.
\n
(5)For the purpose of this article \"marginal\" means not more VOLUNTARY ORGANISATIONS than ten per cent (10%) of the income generated by the voluntary organisation in any one year and the administrators shall have the duty to determine whether any activity, being an act of trade, is marginal or not, for the purpose of this article and, when such issue arises, shall submit a declaration in this regard to the Commissioner who may: (a) issue directives at any time in writing on such matters if he deems that the declaration submitted by the administrators does not satisfy the criteria established in terms of this article and may impose conditions in relation to such activities to ensure compliance with the principles established under this article; and (b) issue a ruling on the matter giving reasons for decision, and any administrator or any interested party may appeal from such decision before the Administrative Tribunal.
\n
(6)Voluntary organisations shall not be exempt from the obligation to obtain any authorisations or licences which may be required to carry out any particular activity referred to in this article in terms of any other law.
\n
(7)The Commissioner may issue guidelines on the duties and responsibilities of administrators of voluntary organisations which carry out acts of trade as permitted by this article or with regard to all aspects regarding limited liability companies which voluntary organisations establish in accordance with this article.
\n
(8)that:
\n
In cases falling under sub-article (4), it shall be presumed (a) a limited liability company notwithstanding that it has a separate and distinct legal personality, is only an instrument to keep the trading activities distinct from the activities of the voluntary organisation promoting its social and public purpose; and (b) the existence of the limited liability company shall not operate in any way so as to prejudice third parties in good faith or the voluntary organisation itself, to reduce the transparency of the voluntary organisation or to create any private benefit to third parties which is not permitted within the voluntary organisation itself.
\n
(9)Any wholly owned limited liability company established in accordance with this article, which may be carrying on trading activities from a premises or site held under any title by an enrolled voluntary organisation shall have absolutely no rights in relation to any concessions leases or other grants of property to the said voluntary organisation, including Government, which shall be deemed to permit use of such property by such wholly owned limited liability company:
\n
Provided that any documentary arrangements set in place for governance purposes between the voluntary organisation and the wholly owned limited liability company shall be disregarded with regard to any grantor organisation and when any grant is VOLUNTARY ORGANISATIONS modified or terminated for any reason by or with regard to the voluntary organisation, the limited liability company shall automatically be affected thereby.
\n
Guidelines issued by the Commissioner.
\n
Renumbered:
\n
XXXVI.2018.33.
\n
Substituted by:
\n
XXXVI.2018.34.
\n
(10)Whenever a voluntary organisation establishes a limited liability company in terms of sub-article (3) of this article, the administrators shall notify the Commissioner in the prescribed form, which form shall be included in the Register and shall be made accessible to the public. The Commissioner shall notify the Commissioner for Inland Revenue of the name and registration number of such limited liability company upon being notified. The same rules shall apply mutatis mutandis to the winding up of any such limited liability company.
\n
Art. 39
\n
39.(1) The Commissioner may, from time to time and after consultation with the Council, issue guidelines (a) in relation to voluntary organisations and their activities; (b) in relation to the voluntary sector as a whole, and such guidelines shall be binding on voluntary organisations, administrators and volunteers, as the case may be.
\n
(2)The Commissioner may, with the consent of the Minister, issue guidelines on the objective classification of the categories of \"social purpose\" or \"public benefit\" and related concepts which may be used in the interpretation of this Act for any of its purposes.
\n
(3)Such guidelines shall be based on internationally recognised classification methodologies and shall be implemented in the administration of the provisions of this Act and any related laws:
\n
Inspection of documents.
\n
Amended by:
\n
L.N. 177 of 2012.
\n
Renumbered:
\n
XXXVI.2018.33.
\n
Provided that such guidelines shall not have retrospective effect.
\n
Art. 40
\n
40.(1) On payment of the applicable fee, any person may view and obtain copies of the Register and any documentation which has been submitted to the Commissioner by any voluntary organisation.
\n
(2)Voluntary organisations shall make the statute, annual report and audited accounts available for inspection, free of charge, b y a n y f o u n d e r, a d m i n i s t r a t o r o r m e m b e r o f t h e v o l u n t a r y organisation as well as by any donor or beneficiary who satisfies the administrators of an interest in the information.
\n
(3)If a person is unjustifiably refused any information by a voluntary organisation such person may complain, in writing, to the Commissioner who shall decide on whether such person is entitled to the information or not in terms of this article and inform the complainant in writing of his determination, and reasons therefor, within a reasonable time:
\n
Provided that the Commissioner shall inform the relevant voluntary organisation of any decision taken in terms of this subarticle and any person who feels aggrieved by such decision taken by the Commissioner shall have the right to appeal to the VOLUNTARY ORGANISATIONS Tribunal within five days of the date of receipt of such decision taken by the Commissioner.
\n
Art. 41
\n
41.(1) The Minister shall have the power to make regulations: (a) to further regulate voluntary organisations, whether enrolled or not in terms of this Act; (b) to establish the forms for the enrolment of a voluntary organisation and for the notification of changes to the statute to its administrators and otherwise; (c) to establish the form and contents of certificates to be issued in terms of this Act; (d) to establish the forms and procedures to be used for appeals in terms of this Act; (e) to establish rules applicable to public collections by voluntary organisations; (f) to regulate foreign or international voluntary organisations carrying on activities in Malta; (g) to lay down any penalties for breach of the provisions of this Act; (h) to implement any international convention or any European Union regulation or directive, to the extent necessary, to which Malta has adhered to in the context of voluntary organisations or the voluntary sector and to issue guidelines thereon; (i) to regulate the composition of the Advisory Panels and to regulate the procedures to be followed by the Advisory Panels and by the persons appointed on such panels; (j) to regulate the Voluntary Organisations Fund and the terms and interest rates of loans therefrom and the terms and conditions of guarantees which may be provided by such Fund; (k) to lay down rules on the position of volunteers in relation to their employers when such volunteers wish to carry out voluntary activity, in Malta or abroad, for periods beyond their leave entitlement; (l) to lay down rules on the powers of the Tribunal in relation to the interpretation or variation of a statute and the administration of voluntary organisations; (m) to establish the form and content of annual reports and accounts which are to be submitted to the Commissioner in order to achieve a satisfactory level of transparency and accountability of voluntary organisations; (n) to extend, clarify or define the functions of the Commissioner under this Act and provide for ancillary and related matters; (o) to lay down conditions or guidelines for the authorisation by the Commissioner of any federation Power to make regulations.
\n
Amended by:
\n
L.N. 177 of 2012.
\n
Renumbered:
\n
XXXVI.2018.33.
\n
Amended by:
\n
XXXVI.2018.35.
\n
VOLUNTARY ORGANISATIONS or association of voluntary organisations who wish to operate as a regulatory body over its members and their activities; (p) in relation to freezing orders and related matters to support the powers of the Commissioner in case of fraud; (q) in relation to the enrolment of organisations, including, after consultation with the Council, to change the thresholds under article 12B(1)(e), (f) and (g) relating to mandatory enrolment and to amend the categories or classes of activities in the definition of \"social purpose\" in this Act; (r) to regulate the prevention of money laundering and the funding of terrorism in voluntary organisations; (s) for the better carrying out of any of the provisions of this Act.
\n
(2)The Minister may, with the concurrence of the Minister responsible for finance, make regulations relating to the fiscal status of voluntary organisations, including different rules for different categories or different classification of purposes, and may establish the criteria for the granting of any such exemptions, in whole or in part, from any law relating to taxation, duties or other charges, as well as any fiscal rules on the activities of voluntary organisations and donations to such organisations. Such regulations may also establish the terms, conditions and forms of any fiscal certificates, receipts or other documents which may be necessary for the enjoyment of the above fiscal status and regulations.
\n
(3)The Minister may, by order published in the Gazette and in consultation with the Commissioner and the Council, revise or amend any of the schedules annexed to this Act.
\n
Transitory provision.
\n
Added by:
\n
XVI.2019.57.
\n
Act XXXVI of 2018.
\n
Art. 42
\n
42.Article 35, establishing the Malta Council for the Voluntary Sector as in force prior to the coming into force of the Voluntary Organisations (Amendment) Act, 2018 shall continue to apply until the 6th of November of 2019.
\n
VOLUNTARY ORGANISATIONS FIRST SCHEDULE (Articles 2 and 38) Rules, Principles and Guidelines on the Non-Profit Making requisite as used in this Act The principle purpose of this Schedule is to ensure that any material private interest in any voluntary organisation is avoided in view of the public support and trust vested in such organisations on the basis of their non-profit making qualities.
\n
I.
\n
Applicability 1.
\n
The following paragraphs shall apply specifically to the interpretation and application of the provisions of this Act and in particular to enrolled voluntary organisations for as long as they remain enrolled and shall be applied as rules in order to ensure a high level of observance in both form and substance by all enrolled voluntary organisations.
\n
2.
\n
They shall apply as principles in relation to non-enrolled voluntary organisations.
\n
3.
\n
They shall also apply to the interpretation of the provisions of other laws, where such other laws adopt the concept of non-profit making for the purposes and in terms of these provisions, and may apply to non-profit organisations, which, for any reason, do not qualify as voluntary organisations under this Act, political organisations, or religious organisations:
\n
Provided that, in such cases, these paragraphs shall only operate as non-binding guidelines.
\n
II.
\n
Definition 4.
\n
An organisation shall be considered to be non-profit making when: (a) the statute of the organisation contains an express provision which excludes the purpose to make profit; and (b) the purposes of the organisation do not include the promotion of private interests; and (c) the purposes of the organisation include any of the purposes established and permitted under: (i) article 32(8) and (10) of the Second Schedule to the Civil Code; (ii) article of this Act governing VOLUNTARY ORGANISATIONS permissible trading activities, where such activities are carried out to obtain the principal purpose and objectives of the organisation; (iii) this Schedule; and (d) except as permitted under this Schedule or the Second Schedule to the Civil Code, no part of the income, capital or property is available directly or indirectly to: (i) any administrator; or (ii) any promoter, founder, member, donor or beneficiary; or (iii) any other private interest:
\n
Provided that such income, capital, property, or part thereof is administered solely in order to obtain the purpose and objectives for which the organisation was established.
\n
5.
\n
If an administrator, promoter, founder, member, donor or beneficiary is (a) another enrolled voluntary organisation; or (b) a pious foundation, an ecclesiastical entity or a person representing the same; or (c) the Government or an organisation controlled by the Government or a person representing the same; or (d) the Voluntary Organisations Fund; or (e) a political party as defined in the Financing of Political Parties Act (Cap. 544), the limitation in paragraph 4(d) shall not apply provided the availability of such income, capital or property is subject to conditions, which are consistent with the general purposes and objectives of the grantor organisation.
\n
6.
\n
(1)An endowment of property of a voluntary organisation with reversion rights or assets in favour of the donor, may only be accepted by a voluntary organisation if the donor agrees to compensate the voluntary organisation for any costs incurred by the organisation, except for costs attributed to ordinary wear and tear, for any enhancements made to the property and which have not accrued in full to the organisation during the period of enjoyment.
\n
Such compensation shall be made by the donor in accordance with the principles agreed to between the parties.
\n
VOLUNTARY ORGANISATIONS
\n
(2)In the case of a reversion of assets endowed to a voluntary organisation under a temporary title, any administrator, partner, promoter, founder, member, donor or any member of his family may not realise a gain. Such prohibition shall also apply to shares or other interests of organisations only where the increase in value of such shares or interests, as reverting, is directly attributable to contributions or expenditures made by the voluntary organisation:
\n
Provided that the above prohibition shall not apply if enjoyment rights of the voluntary organisation arise under a temporary title, which is onerous, including a lease, and is reasonably in accordance with standard market levels or market conditions established in terms of these provisions.
\n
(3)If the reversion of assets, not being shares or other interests, in favour of the donor has increased in value due to a direct expenditure by the voluntary organisation, the donor shall be obliged to refund the voluntary organisation the costs incurred by the voluntary organisation, regard being had to depreciation for ordinary wear and tear, where applicable:
\n
Provided that this shall not apply if the donor is a public benefit organisation as defined in the Second Schedule to the Civil Code.
\n
(4)When such reversion takes place, it shall be notified to the Commissioner. Such notification shall be accompanied by an auditor’s report on costs incurred, wear and tear and gains received on reversion, irrespective of the value involved, and the Commissioner shall have all powers to order such refunds as deemed necessary, in order to ensure that no abuse takes place owing to or resulting from such transactions. Such order shall be subject to appeal under article 25 of the Act.
\n
7.
\n
An organisation shall continue to be deemed as nonprofit making notwithstanding that: (a) it obtains a pecuniary gain from its activities when such gain is not received or accredited to its members, but is intended exclusively for the achievement of the purposes and objectives of the organisation as provided in its statute; (b) it buys or sells or is otherwise involved in trading activities of goods or services where such activities are carried out exclusively to fulfil its principal purposes and objectives in accordance with article 38 of the Act; (c) it is established for the general entertainment, hobbies, education or other similar benefits to its members; or (d) it is established for the promotion of the social VOLUNTARY ORGANISATIONS role, ethics, education and professional values exercised by its members, provided it does not promote the private interests of its members or private individuals.
\n
III.
\n
Permissible Private Benefit 8.
\n
It shall be permissible for a voluntary organisation to have within its objects or powers the grant of limited or ancillary private benefit to identifiable persons or classes of persons provided that the object or power comply with the following conditions: (a) the purposes for which it has been established, may, immediately or following the lapse of time or the fulfilment of a condition, be achieved notwithstanding the private benefit; (b) the funds available for use under such object or power are not raised through a public collection, a grant or from the general public but are raised only from the founder, or organisations controlled by him, as a condition for the initial or any additional endowment; and (c) the Commissioner approves the particular private benefit in writing and under such conditions, as he considers appropriate to safeguard the primacy and identity of the purpose of the organisation, which is not private:
\n
Provided that until such time as the Commissioner approves such private benefit as aforesaid, the organisation shall not be obliged to enrol nor shall it be eligible for enrolment, or where already enrolled, to maintain its enrolment but in such cases, the organisation shall be prohibited from carrying out any of the activities in article 12B(1)(a) to (d) of this Act.
\n
9.
\n
The reservation by the founder of any right over the assets of the voluntary organisation shall not prejudice the non-profit making status of the organisation.
\n
IV.
\n
Meaning of Private Benefit 10. The term \"private benefit\" means a benefit other than that which qualifies as a social or public benefit, indirectly attributed to an administrator of the organisation, and if the statute so determines, shall also include a donor, founder or promoter, a member of the organisation, a beneficiary or a volunteer of money, goods, services or property:
\n
Provided that such private benefit is limited and is only ancillary or incidental to the principal purpose and objectives of the organisation:
\n
Provided further that such benefit may be created for a VOLUNTARY ORGANISATIONS lawful purpose within the meaning of these provisions.
\n
V.
\n
Principles on Remuneration A.
\n
Donors, Founders, Promoters, Members, Volunteers 11. Subject to the provisions of paragraph 8 of this Schedule, any donor, founder, promoter, member, or volunteer may receive remuneration from the organisation when he is engaged or is an employee of the organisation under a written contract or when he is the provider of any goods or services to the organisation:
\n
Provided that such remuneration: (a) is strictly attributable to those functions being the subject of the written contract or to the governing provisions relating to goods or services rendered to the organisation; (b) is not substantial and is in accordance with market levels and market conditions established in terms of these provisions, and in any case, is of material irrelevance when compared to the overall income and expenditure of the organisation; (c) is not as such as to prejudice the achievement of the purposes and objectives of the organisation or its sustainability; (d) is in any case, subject to the annual accounts and annual returns submitted by the organisation, in terms of the Voluntary Organisations (Annual Accounts and Annual Returns) Regulations (S.L. 492.02); and (e) is recorded in sufficient detail in the minutes of the administrators during the general meeting and in the case of an investigation subject to any complaint on such matters, such minutes shall be submitted to the Commissioner, upon his request in writing, or to the Court, as the case may be.
\n
B.
\n
Administrators 12. (1) Subject to the provisions of paragraph 8 of this Schedule and any express prohibition in the statute of a voluntary organisation, an administrator may solely receive remuneration from the organisation when he is engaged or is an employee of the organisation under a written contract which, in any case, does not prejudice the achievement of the principal and sustainable purpose and objectives of the organisation.
\n
(2)An organisation may reimburse the administrator of any costs incurred by him, if directly related to his work as administrator VOLUNTARY ORGANISATIONS of the organisation. The same rules shall apply to any fundraising officers or employees.
\n
13.
\n
Any voluntary organisation shall not: (a) grant an administrator remuneration which is higher than standard market levels or market conditions established in terms of these provisions, unless the Commissioner may deem necessary in the circumstance or is otherwise satisfied that the administrator has specific skills which meet the needs of the organisation, in which case, remuneration may exceed such market conditions or market levels as provided in guidelines issued by the Commissioner, according to his discretion, or as otherwise approved by him; (b) remunerate any person, whether an employee or otherwise, with a salary, wage or a fee, which is higher than market levels, unless the Commissioner is satisfied that in that particular case specific conditions apply; (c) pay interest or other remuneration on loans, credit or financial instruments capable of economic evaluation raised or acquired from organisations which are not licensed, or financial institutions, other than in accordance with market conditions; or (d) pay a price for any property acquired which is higher than the established market price for such property, notwithstanding any special discounts, sales or other special arrangements.
\n
VI.
\n
Expenses 14. Any administrator, donor, promoter, founder, member, volunteer, or any other person supporting the purposes and objectives of the organisation may receive a reasonable refund for expenses incurred by him on behalf of the organisation.
\n
VII.
\n
Principles regarding shares and other interests 15. When shares in a company are endowed to a voluntary organisation to support the purposes, income or capital of the voluntary organisation, the administrators may accept and hold the same provided that such shareholding is in the interest of the organisation. Such shareholding shall also be declared and recorded in the annual returns and balance sheet in terms of the Voluntary Organisations (Annual Accounts and Annual Returns) Regulations (S.L. 492.02) and shall be accompanied by an annual report, both of which shall be submitted to the Commissioner.
\n
16.
\n
(1)The acceptance and enjoyment by a voluntary VOLUNTARY ORGANISATIONS organisation of an endowment of shares or other interests or of other property held by another organisation which (a) does not have the same purposes or uses which are consistent with the recipient organisation’s purposes; or (b) is profit-making, shall not affect the purpose of the recipient voluntary organisation nor its non-profit making status for the purposes of this Act:
\n
Provided that such endowment shall not result in any undue risk to the other assets of the voluntary organisation nor shall it hinder the voluntary organisation in the achievement of its purposes and objectives:
\n
Provided further that the following criteria and conditions shall apply: (a) the grantor organisation of which shares, interests or the value of the property is being endowed to the recipient voluntary organisation shall strictly adhere to the principles applicable to market levels and market conditions as established in terms of these provisions; and (b) the requirements established under item 15 of this Schedule shall apply.
\n
(2)Without prejudice to any other law governing tax exemptions, with particular reference to article 12 of the Income Tax Act the conditional requirements mentioned under paragraph 15 and sub-paragraph (1) of this paragraph shall, in particular, apply in order to: (a) eliminate any form of tax abuse which may potentially arise in the setting up of organisations and to strictly adhere to the non-profit making conditions; (b) ensure that the set up of voluntary organisations and their activities which benefit from tax exemptions shall be kept separate and distinct from any trading or commercial activities set up by commercial entities or their members or related parties; (c) ensure that any income, shares, capital, interests or value of property held by commercial entities is not accounted for as exempt income; (d) ensure that any expenses which are related to exempt activities shall not be accounted for as expenses of taxable entities to be set off against taxable income in violation of tax exemption regulations; and VOLUNTARY ORGANISATIONS (e) ensure that tax exemptions do not result in a distortion as to the rules and conditions governing fair competition.
\n
17.When the voluntary organisation is not the sole shareholder of a limited liability company, no part of the income, capital, interests or value of property of such limited liability company shall be available directly or indirectly to persons involved in the voluntary organisation:
\n
Provided that the provisions of this Part VII shall not apply to private foundations carrying out activities listed under article 31B of the Second Schedule to the Civil Code.
\n
18.The Commissioner may issue guidelines on grantor companies or other organisations of which shares, capital, interests or value of property are endowed to recipient voluntary organisations to ensure compliance with the principles of this Act and any regulations issued hereunder or under the Second Schedule to the Civil Code.
\n
19.When a voluntary organisation has assets, including shares or other interests, in another legal organisation, such assets may not be sold or otherwise transferred to any administrator, partner, promoter, founder, member, donor or any member of his family, of the voluntary organisation.
\n
VIII. Extension of Fiduciary Obligations 20. Without in any way impinging on the fiduciary obligations of any administrators or officers of any organisation, any person who has any role in an organisation for which remuneration is paid in any form and, or has his expenses refunded, or has any control or powers of disposition over the assets of a voluntary organisation, even if not an officer, shall be considered to be subject to fiduciary obligations.
\n
IX.
\n
Powers of the Commissioner 21. The Commissioner may request any information from any person in order to enable him to establish whether an organisation qualifies as non-profit making in terms of this Schedule and whether the principles, rules or guidelines of this Schedule are being observed.
\n
X.
\n
Rulings 22. Any promoter, founder, member, administrator or donor or other person referred to in this Schedule may apply to the Commissioner in writing for a ruling on any matter related to the qualification or otherwise of the organisation as non-profit making in accordance with this Schedule with reference to himself or any other VOLUNTARY ORGANISATIONS person involved in an organisation.
\n
The decision of the Commissioner shall be subject to an appeal as stated in article 25 of the Act.
\n
XI.
\n
Breaches 23. Any administrator who fails to observe the provisions of this Schedule shall be guilty of a breach of duty and shall be liable to refund the organisation: (a) if permitted to receive remuneration, any such remuneration received by any administrator in excess of the permitted level; (b) if not permitted to receive remuneration, all sums received apart from expenses.
\n
24.When an administrator agrees to pay other persons sums which are not permitted to be paid or are in excess of permitted levels as stated herein, he shall be jointly and severally liable with them to refund such sums to the voluntary organisation.
\n
XII. Applicability in Time 25. These provisions shall not apply retrospectively and shall be without prejudice to the application of any rules of law in force on the date (the \"relevant date\") when these provisions shall come into force. All enrolled voluntary organisations shall seek to come in line with these provisions within two (2) years of the relevant date and may seek a ruling on such matters from the Commissioner in case of doubt. Nothing herein contained shall invalidate any act carried out prior to the relevant date when in accordance with applicable law nor shall it render any person liable for anything carried out when, under applicable law, this was not prohibited.
\n
VOLUNTARY ORGANISATIONS SECOND SCHEDULE Organisations, which are exempt from mandatory enrolment with the Commissioner pursuant to article 12C of this Act*
\n
PART I
\n
International public benefit, non-profit making or voluntary organisations established by international treaty, or their local branch, which are exempted by any special law from being subject to enrolment.
\n
The exemption under this Part I shall apply, provided that such international organisations do not make or intend to make public collections, and this, subject to any applicable provisions of any treaty, any special law or other agreement relating to such organisations.
\n
PART II
\n
Organisations which are registered with SportMalta in terms of the Sports Act.
\n
The exemption under this Part II shall apply provided that such organisations do not engage in any of the activities in article 12B(1)(a) to (d) of this Act. * These organisations are free to enrol at any time upon complying with the requirements of this Act.
\n
VOLUNTARY ORGANISATIONS THIRD SCHEDULE Form A VOLUNTARY ORGANISATIONS ACT (CAP. 492) Non-Enrolment Notice - Notification by a non-enrolled voluntary organisation to the Commissioner pursuant to article 12D Name of Organisation ................................... (\"the Organisation\") Delivered by ....................................................................................
\n
To the Commissioner for Voluntary Organisations:
\n
The Organisation hereby notifies the Commissioner that: (a) it is a voluntary organisation in terms of article 3 of the Voluntary Organisations Act (\"the Act\") established in writing as an association, foundation or trust(1) on the(2)............ and is not enrolled in terms of such Act; (b) it is not subject to mandatory enrolment in terms of the Act because. ......................................................................................... ......................................................................................... the address of the Organisation is: ............................................ (where applicable) it is a legal person and its registration number is ......................................................................... the sector of activity in which it operates is ........................and its principal purpose is ............................................................ all communications may be made by and to(3) ............................................... as the responsible administrator appointed for the purpose at the address mentioned in (b) above.
\n
The administrators are aware that if the activities of the organisation are such as to fall within the terms of article 12B of the Act they are obliged to enrol the organisation in accordance with article 12B of the Act.
\n
Signature: .......................................
\n
Name: ............................................
\n
Responsible Administrator Dated this ............ day of ...................... of the year........ ------------------------------(1) Delete as applicable VOLUNTARY ORGANISATIONS
\n
(2)
\n
(3)State date of establishment Insert name and surname of responsible administrator Form B VOLUNTARY ORGANISATIONS ACT (CAP. 492) Notice of change in name/address(1) of a non-enrolled voluntary organisation pursuant to article 12D Name of Organisation(2) ..........................(\"the Organisation\") Address(2):................................................................................. ...................................................................................................
\n
Delivered by: ........................................................................... --------------------------------------------------------------------------To the Commissioner for Voluntary Organisations:
\n
The Organisation hereby gives notice, in accordance with article 12D of the Voluntary Organisations Act, that: (i) with effect from(3) .......................... its name has been changed to .................................................................................... (ii) with effect from(4) ................................... it has changed its address and its new address is .................................. .................................................................................................
\n
Signature: .......................................
\n
Name: .........................................
\n
Responsible Administrator Dated this .................. day of ................ of the year ................ --------------------------------Delete as applicable Indicate old name/address as applicable State date when change in name occurred State date when change in address occurred
\n
(1)
\n
(2)
\n
(3)
\n
(4)VOLUNTARY ORGANISATIONS Form C VOLUNTARY ORGANISATIONS ACT (CAP. 492) Notice of change in local representative/administrator (1) of a non-enrolled voluntary organisation pursuant to article 12D Name of Organisation ............................. (\"the Organisation\") Address: ................................................................................... ...................................................................................................
\n
Delivered by: ..........................................................................
\n
To the Commissioner for Voluntary Organisations:
\n
The Organisation hereby gives notice, in accordance with article 12D of the Voluntary Organisations Act that: with effect from(2)................................................. the person currently acting as a local representative of the Organisation is no longer exercising such function and:
\n
Name:........................................................................................
\n
Address:....................................................................................
\n
Identification number:.............................................................. has been appointed as local representative in his/her stead. with effect from(2)...................................... the administrator who was responsible for making and receiving communications on behalf of the Organisation is no longer exercising such function and:
\n
Name:........................................................................................
\n
Address:....................................................................................
\n
Identification number:.............................................................. has been appointed to carry out such function in his/her stead.
\n
Signature: ................................
\n
Name: ....................................
\n
Responsible Administrator Dated this .............. day of ................ of the year ........... ----------------------------------(1) Delete as applicable
\n
(2)State date when new appointment was made VOLUNTARY ORGANISATIONS Form D VOLUNTARY ORGANISATIONS ACT (CAP. 492) Notice of merger of a non-enrolled voluntary organisation pursuant to article 12D Name of Organisation ............................. (\"the Organisation\") Address: .................................................................................... .................................................................................................. ..................................................................................................
\n
Delivered by: ...........................................................................
\n
To the Commissioner for Voluntary Organisations: (a) residing at ................................................ hereby gives notice, in accordance with article 12D of the Voluntary Organisations Act that the Organisation has been merged with the following organisation/s: (b) and will continue as an organisation with the following details:
\n
Name:........................................................................................
\n
Address: ...................................................................................
\n
Registration Number: ..............................................................
\n
The notification of the Organisation may be removed from the List of Non-Enrolled Voluntary Organisations.
\n
Signature: .........................................
\n
Name: ...............................................
\n
Responsible Administrator Dated this ................ day of .................. of the year ................. --------------------------------------------------------------------------(a) State name and residence of Responsible Administrator (b) State name(s) of organisation(s) amalgamating with the Organisation VOLUNTARY ORGANISATIONS Form E VOLUNTARY ORGANISATIONS ACT (CAP. 492) Notice of dissolution and winding up of a non-enrolled voluntary organisation pursuant to article 12D Name of Organisation ............................. (\"the Organisation\") Address:.................................................................................... ...................................................................................................
\n
Delivered by:............................................................................
\n
To the Commissioner for Voluntary Organisations: (a) ................................... residing at .................................. hereby gives notice, in accordance with article 12D of the Voluntary Organisations Act that the Organisation has been dissolved and wound up and that its notification may be removed from the List of NonEnrolled Voluntary Organisations.
\n
Signature: .............................................
\n
Name: ...................................................
\n
Responsible Administrator Dated this ................. day of ............. of the year .................... --------------------------------------------------------------------------(a) State name and residence of Responsible Administrator VOLUNTARY ORGANISATIONS Form F VOLUNTARY ORGANISATIONS ACT (CAP. 492) Enrolment of a Foreign Organisation pursuant to article 12F Name of Organisation: ............................ (\"the Organisation\") Delivered by: ...........................................................................
\n
The Organisation hereby notifies the Commissioner that: (i) it is registered or established under the laws of .............. bearing registration number ......................... and having a registered office at ................................................; (ii) it is substantially established for the public purpose or public benefit of ............................................................; (iii) it is substantially non-profit making and voluntary for the purposes of the Voluntary Organisations Act.
\n
The Organisation gives notice that:
\n
Name:.......................................................................................
\n
Address: ...................................................................................
\n
Identification number:.............................................................. has been appointed as local representative of the Organisation.
\n
The Organisation confirms that the said person has accepted to so act.
\n
Signature: ..........................................
\n
Name: ................................................
\n
Responsible Administrator Dated this ................ day of .................... of the year ..............
\n
VOLUNTARY ORGANISATIONS FOURTH SCHEDULE TEMPORARY ORGANISATION Application for the enrolment of a temporary organisation and the constitutive instrument of such temporary organisation established in accordance with the Voluntary Organisations Act pursuant to article 16 Name of Organisation....................……. (\"the Organisation\") Delivered by: .......................................................................... -------------------------------------------------------------------------Name The name of the organisation is ...............................................
\n
Address The address of the organisation is ........................................... ..................................................................................................
\n
Purpose The organisation is formed with the one specific purpose of* Necessary Acts The temporary organisation shall perform the following necessary acts so as to achieve the purpose for which it is established† ……………………………………………………………… ……………………………………………………………… ……………………………………………………………… Acts which may not be carried out by the * † This one specific purpose may include the raising of funds for a specific public purpose or to support another enrolled voluntary organisation, and can even be for the benefit of a named individual who may need humanitarian support.
\n
State acts such as paying for medical assistance, paying for flights or accommodation, paying for repairs, equipment and the like.
\n
VOLUNTARY ORGANISATIONS temporary organisation The temporary organisation may only carry out the acts listed in this constitutive instrument and ancillary and connected acts. The temporary organisation may not: (a) borrow money; or (b) enter into binding financial obligations in advance of raising the necessary funds to perform such obligations.
\n
Administrators* The administrators of the temporary organisation, who sign next to their name to confirm their consent to act, shall be:
\n
1.
\n
2.
\n
3.
\n
Duration This temporary organisation is established for ........................ months/1 Year†. The temporary organisation shall pay out, apply or otherwise distribute all its assets for the achievement of the purpose by the expiry date of its term. If for any reason the above cannot be complied with, the administrators shall, on the lapse of the above mentioned period, select one of the following options: * † a. pays out the funds to another enrolled voluntary organisation with purposes similar to its own with an instruction to hold the funds and when possible use them for the stated purpose or pay out the funds to the Voluntary Organisations Fund; b. converts the temporary organisation into a new voluntary organisation of extended duration with the same purposes; or The beneficiary, or if a minor, his or her parents cannot be administrators.
\n
This instrument must be delivered to the Commissioner for Voluntary Organisations with the written consents of the administrators endorsed on it. There must be at least three (3) administrators for which there should be included their name, ID card number and address.
\n
Cannot exceed one year, but can be extended by the Commissioner.
\n
VOLUNTARY ORGANISATIONS c. applies to the Commissioner for an extension under article 16(4) of the Voluntary Organisations Act.
\n
Termination Prior to the date of its termination, the temporary organisation shall submit to the Commissioner a closing statement of account signed by the administrators: (a) explaining how it has achieved the purpose for which it was established; (b) explaining how it has applied all its assets, including receipts; and (c) attaching any original documents or agreements which may have been entered into by the temporary organisation in connection with the disposal or application of such assets.
\n
Signatures* * This constitutive instrument must also be signed by the promoters, who may be the administrators as well.