NGOs are under attack by the South African state again – including the knitting clubs
Non-profits must be alert to a new threat to their freedom of association and ability to operate from a draft Intelligence Laws Amendment Bill. (This article was written by Nicole Copley, and appeared in the Daily Maverick on 03 Sep 2023)
Second Quarter 2023 ngoLAW in brief
Welcome to June!- the past couple of months have brought more regulatory changes to the sector, including the final versions of: the NPO Act Regulations (the draft version was dealt with in our previous Brief) and the new Companies Act Regulations (which we will deal with in our next Brief). For this Brief, though, the […]
Corporate Foundations webinar
https://youtu.be/YmwxQhQceNA This link is to a high-speed panel discussion, featuring Nicole and hosted by Trialogue, on Corporate “Foundations” Trialogue’s primary research shows that 43% of companies surveyed in 2022 managed some or all of their corporate social investment (CSI) through a separate legal entity, 28% through trusts and 15% through non-profit companies. This is an […]
First Quarter 2023 ngoLAW in Brief
This year has begun with a bang, as the contents of this Brief will show- there are three major regulatory changes for the NGO sector to understand and respond to: A major expansion of the FICA Schedule of “accountable institutions’ and who it now applies to; New 18A receipt rules, effective 1 March 23 (so, last […]
Understanding the differences between NPO, NGO and NPC and the governance policies
NGO, NPO, NPC, PBO – all these acronyms lead to confusion as to where charitable organisations and other similar entities fit into the equation. This also speaks to the funding models and criteria for each of these organisations, interrogating the issue of governance, transparency, and accountability in the organisational operations. NGO stands for a Non-governmental […]
Last Quarter 2022 ngoLAW in Brief
Our last newsletter of 2022 begins with an update on (and some practical advice coming out of) the major legislative changes that we have been engaged with government over, in an effort to: avoid grey-listing of our country by the Financial Action Task Force (FATF); AND limit unnecessary, not useful and potentially harmful extra regulatory […]
URGENT call for submissions on the anti-grey-listing (compulsory NPO registration) Bill
https://www.dailymaverick.co.za/article/2022-10-08-mandatory-registration-requirement-in-money-laundering-and-terrorist-financing-bill-will-badly-hurt-sa-non-profits/ In an effort to prevent the severe economic consequences arising from the imminent threat of the “grey-listing” of South Africa, a General Laws Amendment Bill has been published that aims to avoid this grey-listing by demonstrating compliance with the recommendations contained in South Africa’s Mutual Evaluation Report of the Financial Action Taskforce Force (FATF). […]
Special Brief from the Companies and Compliance team at ngoLAW
NOTICE TO NON PROFIT COMPANIES (AND PTYS): THE CIPC CHECKLIST WHAT IS IT? The Companies and Intellectual Property Commission (CIPC) has introduced an additional compulsory reporting requirement for companies with effect from the 2020 year, to increase awareness of and compliance with the obligations and processes of the Companies Act 71 of 2008. This additional […]
SECOND Quarter 2022 ngoLAW in Brief
Our winter newsletter has a little of something for everyone, and most of them come from questions our clients have asked us in the last couple of months – An introduction to a new CIPC annual compliance requirement; The question of the AGM- who needs to have one; For organisations which have a (dormant) trust […]
First Quarter 2022 ngoLAW in Brief
It almost seems like it might be (hopefully, possibly) if not the end, at least the beginning of the end of our days of being dogged by pandemic panic. Please, God. Hope springs, facing forwards etc and this Brief is packed with useful, normal advice and insights for the day to day job of governing […]
October 2021: news and updates including: NPO Amendment Bill
Welcome to October and to the final newsletter of the year from the team at ngoLAW. There is quite a bit of content here so, to help you navigate it and find the bits you need first, a summary: The times we live in Reflections on our mental state, a handy document for organisation health-checks, and […]
Updates, Advice, Links and Events
Dear Friends It has been a while since we last wrote, but I know that we have all been busy, re-building what had fallen, creating new ways of working, adapting as we always have, to survive and continue to serve. In this ngoLAW Brief we bring you a mixture of topics and links that we […]
Fundraising Talk Session February 2021: 18A Q&A
[siteorigin_widget class=”SiteOrigin_Widget_Headline_Widget”][/siteorigin_widget] [siteorigin_widget class=”SiteOrigin_Widget_Headline_Widget”][/siteorigin_widget] Q: In proposals, can we still offer to put their information on our sites (social media and website) if they donate alongside the 18A certificate? Q: If you are writing articles or posting on social media about a donation, is that considered them getting something back for the donation? A: Recognition […]
An invitation to join us on a #FUNDRAISINGTALK Webinar with Nicole Copley
Please join us as Nicole, hosted by FundRaising Talk, gives a free webinar from 10 -11 am (log in from 9.45 am) on Thursday 4 Feb 2021 about: 18A in practise – be careful what you promise! (basics, updates and what to watch out for) and the ‘audit certificate’ newly being required by SARS (do you […]
November 2020: letter eight from lockdown
In this, our last letter of the year, we: deal with the upcoming NPO register clean up (!) in some detail, with practical tips; discuss whether the PBAs SARS classifies organisations under matter; and give some practical advice on filing objections with SARS. We also introduce our theme for the next few letters: Governance: […]
17 July 2020: letter seven from lockdown
AGMs in the time of COVID For many organisations, AGM (Annual General Meeting) season is upon us, and we are having clients ask- Do we have to hold an AGM, or can we postpone it, or even skip it for this year? We have elderly or immune-compromised members, and we do not want to risk […]
16 June 2020: letter six from lockdown
MISSION-SHIFT in the time of COVID MISSION-SHIFT in the time of COVID The times are a’changin, and it looks as though we will have to reset to a ‘new normal’ for the foreseeable future. At ngoLAW we are helping our clients adjust and this ngoLAW Brief deals with a current adaptation taking place: NGOs who need/want to […]
23 April 2020: letter five from lockdown
With a week left of lockdown and restrictions after the 30th seeming inevitable, we bring you in this ngoLAW Brief: an update on the C19-TERS scheme (some good news and some clarity); a warning about a scam doing the rounds in the non-profit sector; and some guidance on ways to deal with the risk of scams. […]
09 April 2020: letter four from lockdown
GAME CHANGING ALTERATIONS TO THE C19-TERS UIF BENEFITS If you or any business or organisation you know is considering retrenching staff or putting them on short time now, please read this first (and pass it on) – or you could be missing out on a real opportunity to support and retain your staff. As you […]
06 April 2020: letter three from lockdown
Many organisations, facing significant drops in funding and other income, as well as the inability to carry out many of their projects, are considering temporary or even permanent shutting of operations, and looking for advice on how to support employees at this time. There is much discussion (and confusion) around the new TERS (Covid-19 Temporary […]
02 March 2020 – letter two from lockdown
Every day and every hour brings messages about new initiatives and partnerships to deal with the health and economic crisis in a holistic way and to support and join together all citizens in flattening the curve.
March 2020: letter from lockdown
While the earth (and we personally) may welcome the compulsory reset of the lockdown, our beneficiaries and organisations are going to be hard hit by the halting of many projects. NGOs across South Africa have been a step ahead in taking responsible action, and many have already suspended programs and activities. NGOs are also showing […]
ngoLAW Update November 2019
The times are uncertain, the going is tough and financial realities are biting. The non-profit sector is hard hit but undaunted and we at NGOLAW feel lucky to serve and assist so many who remain positive and who are taking action, day by day, to improve lives, increase opportunity, protect and serve, expose truth and […]
Lotteries Commission: The Beast Awakens
The panic: ngoLAW has received a number of queries from non-profit clients concerned about notices received from the National Lotteries Commission (NLC) letting them know that their fundraising raffles or competitions are unlawful/unauthorised. The under-resourced non-profit sector tends to feel aggrieved at any ‘new’ requirements imposed on them, as compliance is already burdensome, and we have […]
ngoLAW Update April 2019
Welcome to our first newsletter. These updates aim to deliver useful insights and information on legal, governance and compliance matters relevant to the NGO sector, and to connect you with resources and events. This first issue introduces some new (and newish) team members and contains the first in our NGO Agony Aunties series: “Ask ngoLAW”. […]
Thinking about income generation and profit in a non-profit world
by Marcus Coetzee Non-profit organizations and social enterprises that wish to design sustainability strategies need to have clarity around the concepts of income generation and profit, and how to achieve them. This article aims to debunk some misconceptions around income generation, equity investments, loan finance, and the profits or surpluses that these organizations may generate […]
Dear ngoLAW: No-members NPC
Back when we were operating under the old Companies Act we used to be required to have members and once a year we would have an annual general meeting. It was a bit silly in that we would just close the normal board meeting and then open the AGM with the same participants, do the […]
The NPO regulatory framework in SA – Choppy Waters or Plain Sailing?
For those embarking on their maiden voyage in the non-profit sector, and for seasoned sailors, the regulatory framework for nonprofit organisations can be intimidating and confusing. Our message, as consultants to the sector, is that there is no need to batten the hatches and put on life-vests. Yes, it can seem confusing, but none of […]