Non-profit organisations told to 'get house in order'
Approximately one Hundred persons converged at the Rupert Briercliffe Hall eager to learn more about the new legislation that is set to take effect on April 2, 2013 as it relates to the legal operations of Non-Profit Organisations in the Virgin Islands.
It was at that forum the head of the board, Mr Kenneth Hodge, spent some times emphasising the importance of organisations falling under that umbrella, getting their house in order. He told the gathering that the legislation comprises a six fold function for NPO registration. "The first function of the board is to receive and determine applications for registration by NPOs. This means specifically that we are to evaluate each application that we receive to determine it reaches the requirements of the Act," noted Hodge.
The process, he said, involves an assessment if whether an entity qualifies as an NPO based on the definition as outlined in the Act. He assured that once all the requirements are met in the application process, NPOs are guaranteed registration within thirty days following which the Registrar will issue a certificate of registration.
One year from now the board has the responsibility and mandate to review the financial statements as submitted by each NPO. Mr Hodge explained that for organisations that have a gross income of over $250,000 annually, they are required to submit financial statements that are certified by an accountant.
"We are not asking for an audit we are just asking for the accountant to say the accounts are free of material mistakes and that's only for entities that are over $250,000," he further explained. Those NPOs with less than $250,000, the Board will determine the form of the financial statements.
The NPO Board also has the responsibility to facilitate the development of NPOs in the Virgin Islands and create an understanding of the roles and functions. "....we are not here to dismantle in any way the NPOs in the BVI, I have a personal connection to NPOs in the BVI and that's not our function at all," assured Hodge.
He, however, stressed that a part of the proccess they would be involved in would be to facilitate similar functions as last evening's to educate and get feed backs.
Receiving and investigating complaints arising out of any matter surrounding an NPO, "any matter or complaint surrounding any NPO can be launched to the board and the board is authorized to receive that complaint and to investigate that complaint as necessary," said Hodge.
The representation of religious organisations were dominant among the groups present at the meeting and among the few questions that clarifications were sought on included the procedures required in raising funds, soliciting funds from local entities, donor agencies (national and internationally), and through public fund raising activities. Another concern was about what system is in place for visits by the NPO board to organisations which exists without a fixed or steady place of operation.
Persons sought clarification as to the required number of persons that should constitute an NPO, whether or not NPOs are required to submit on a monthly or annual basis, reports to the board other than the stipulated financial board.
Persons were curious about the procedure to be followed by groups that fall under a registered or non registered religious organisation as well. They were also concerns about the legitimacy of the Act and its scope in qualifying local NPOs for funding from international donor agencies. It was said by one member of the audience that because of registrations and legislation concerns they were rejected for international funding in the past.
The Non-Profit Organisation Act, 2012 was passed by the House of Assembly on October 11, 2012 and assented to by His Excellency the Governor on November 12, 2012. The Governor signed the Proclamation on December 19, 2012 to bring the act into effect on January 1, 2013. This paved the way for the legislation to go through the necessary stages of becoming enacted. NPOs have up to April 1, 2013 to submit their applications for registration but were repeatedly reminded by the chairperson of the meeting Ms. Caroline Stoutt-Igwe, that they, especially new organisation, take in their application early, which will give the board ample time to check for error that the specific organsiation might need to have sorted out before April 2, 2013.
Groups categorised as 'adhoc' were advised to get there houses in order by getting a constitution and following the procedures for registration.
Among others who addressed the gathering were Permanent Secretary in the Ministry of Health and Social Development Petrona Davies, Ms Maureen Vanterpool and Mr Errol George.
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