Most non-profit organisations in The Bahamas should be aware of the Non-Profits Organisations Act, 2019 (“the Act”) and should already be registered or in the process of submitting an application for registration because it is now a legal requirement for active non-profit organisaitons to be registered under the Act.
As a new registrant or potential registrant under the Act, I recommend that your organisation take necessary steps to include a qualified lawyer as part of its network. Yes, please make sure that the lawyer is Call to the Supreme Court of The Bahamas or is Registered as an Associate with the Supreme Court of The Bahamas. As part of your due diligence you can make a phone call or send an email inquiry to the Registrar of the Supreme Court of The Bahamas to confirm the lawyer’s status.
A casual read of Part IV – Powers of the Registrar, and Part V – Record-Keeping and Reporting of the Act along with the penalties for breach of the Act should convince your organisation to take steps and start seeking out a qualified lawyer or two for your network.
Having speedy access to legal advice or consultation could be critical when having to respond to regulatory issues which require a different skill set that you may find in a Litigation Counsel.
So a word to the wise … before you need a lawyer start thinking about suitable qualified lawyers who you can approach now and find out whether they have experience in contentious and non-contentious regulatory matters.
Not only that a word to the wise is sufficient but planning ahead will improve the quality of your decisions as you begin your search.
All the best!
Feel free to direct any questions to Kean Smith at kean@smithkas.com or comment below.
Did you know that “[p]rior to the [COVID-19] crisis, 22 per cent of young people were not in employment, education or training (NEET), one in seven young men and one in three young women. The decline in employment caused by the COVID-19 crisis has not been compensated by returns to education and training. Hence, the NEET rate has risen in many countries and remains higher than before the crisis.” (United Nations website)
As a result of this protracted issue of youth unemployment, more youth are exploring small business ventures as a means of gainful employment.
In this blog I wish to share three steps that you can take to assist you with demonstrating that a contract exist.
The three steps are as follows:
Make sure you are clear who are you contracting with. For example, are you contracting with a person or a company?
What are the terms of this contract? What is/are the service(s) that you will deliver and what are the obligations of the person/company that you are providing the services to? (Note that these terms should be put in writing using a basic email, invoice or text message and sent to your client for confirmation. Use the client’s name in this correspondence).
Require a deposit from your client and give them a receipt once the deposit is received.
The benefit of using these three steps is that you will be using and documenting basic elements of a contract. Many small businesses experience breaches of contract and do not have any recourse because it is difficult for them to demonstrate that a contract exist.
Following these three basic steps will assist you with demonstrating that a contract exist if the contract is breached.
Feel free to direct any questions to Kean Smith at kean@smithkas.com or comment below.
No matter where you live on this planet, if you have an account at a financial institution then you are aware of Customer Due Diligence information. No doubt your financial institution would have required you to produce at least proof of identification and proof of address when you opened your personal account.
As a result of ongoing concerns about Money Laundering and Terrorist Financing, international and national financial services industry and their clients must implement systems to mitigate these concerns.
Small Businesses and Non-Profit Organisations (“Non-Profits”) are not exempted. In fact, you are probably aware that businesses must be prepared to provide source of funds information for large deposits. Such information may entail showing invoices, contracts or any additional supporting documents required by the financial institution.
It is in the best interest of Non-Profits to maintain sufficient details of their financial transactions including monetary and non-monetary donations. As someone responsible for the administration of a Non-Profit registered in The Bahamas, you should be aware that your organisation face being fined if it fails to produce financial records if and when required to do.
Section 15 (1) of the Non-Profit Organisations (Amendment) Act, 2019 states that:
“(1) The Registrar may impose an administrative fine not exceeding five thousand dollars, if after an investigation it is proven that a non-profit organisation has failed, without reasonable cause to produce financial records reflecting all monies received and expended.”
Please note that financial records have a specific definition under the NPO Act as Amended requiring Non-Profits to explain transactions in sufficient detail to show that funds have been used in a way that is consistent with the organisation’s objectives. Additionally, Non-Profits must maintain sources of its income and the same must be reflected in its financial position.
In order to mitigate the risk of fines, Non-Profits should maintain their financial records in a way that is easily accessible and detailed. Furthermore, whatever you do, develop a practice of being responsive to the regulator, the Registrar. This will help develop and maintain the credibility of your Non-Profit with the Registrar General’s Office.
Feel free to direct any questions to Kean Smith at kean@smithkas.com or comment below.
In September, 2020, I launched the NPO Project No. 9 which offered advice and research assistance to section 19(3) exempted organisations under the Non-Profit Organisations Act, 2019 (“NPO Act, 2019”) that was having difficulties registering or not knowing how to register under the NPO Act, 2019. The services were offered without charge.
Today I am launching another iteration of the NPO Project No. 9. I am launching the NPO Project No. 9 Review Project (“The Review Project”). The Review Project will assist qualified organisations with reviewing their existing Constitution or Governing Rules and make recommendations of suitable amendments. Interested organisations will be required to complete a short means testing form to determine whether they qualify for the free review.
Interested organisaitons can reach the project initially by sending an email to kean@smithkas.com and should include “Inquiry – The Review Project” in the subject of the email for a prompt response.
Please feel free to direct any questions or comments to Kean Smith at kean@smithkas.com
On 23 December, 2020 The Nassau Guardian Online reported that the World Food Programme (WFP) will be supplying food vouchers to about 450 to 500 households, survivors of hurricane Dorian, all throughout Abaco and its cays. The benefactors of this programme are reported to have been assessed in November, 2019.
The WFP describes itself as “… the leading humanitarian organisation saving lives and changing lives, delivering food assistance in emergencies …” “An estimated 2 billion people in the world did not have regular access to …, nutritious and sufficient food in 2019” – UN Sustainable Development Goal 2 (Facts and Figured) Now households in The Bahamas will be added to these statistics as people who do not have regular access to sufficient food.
World Food Programme (WFP) logo Source: WFP’s Facebook page
The WFP’s participation in providing residents of The Bahamas with access to food indicates that The Bahamas’ social net to cover access to food has been exhausted. This is the social net that successive Governments of The Bahamas developed and funded through taxes over the years. It is now inadequate. Our government, our business community, civil society and philanthropist have done all they can to provide relief. Their combined efforts are simply inadequate and cannot meet the total need. No doubt the assistance that will be provided by the WFP and their funders through their food voucher programme and the support being provided by their international partner, Samaritan’s Purse, is welcomed.
This WFP proramme provides an ideal opportunity for relevant Bahamas based and registered non-profit organisations and civil society organistions to build additional capacity by working with the WFP and its partner by jointly organising short training programmes and workshops to facilitate the development and transfer of skills. It is likely that such an initiative will be welcomed by the WFP because they partner with more than 1,000 National and International NGOs to provide food assistance and tackle underlying causes of hunger. If you are asking how this can be done then continue reading.
When international organisations enter countries to provide humanitarian support, they do so based on agreed terms and conditions. I recommend that Civil Society Bahamas as the apex body of civil society organisations, formally request of The Bahamas Government that capacity building opportunities for relevant organisations be included in the said terms and conditions. Building increased capacity in these organisations will equip relevant humanitarian organisations with skills that can facilitate prompt disaster relief following any future natural disasters like hurricanes.
I believe that this is an ideal opportunity for us to partner with the WFP today so that we can better help ourselves tomorrow.
Once again, all the best and do well.
Please feel free to direct any questions or comments to Kean Smith at kean@smithkas.com
Today is World Toilet Day. According to the following statistics from the United Nations, the inadequacy of poor sanitation and unsafe drinking water is significant:
Over half of the global population or 4.2 billion people lack safe sanitation;
40% – or three billion people – of the global population live without basic handwashing facilities with soap and water available at home;
Around 297,000 children under five – more than 800 every day – die annually from diarrheal diseases due to poor hygiene, poor sanitation or unsafe drinking water;
Globally, 80% of the wastewater generated by society flows back into the ecosystem without being treated or reused; and
By 2050, up to 5.7 billion people could be living in areas where water is scarce for at least one month a year, creating unprecedented competition for water.
“Everyone must have sustainable sanitation, alongside clean water and handwashing facilities, to help protect and maintain our health security and stop the spread of deadly infectious diseases such as COVID-19, cholera, and typhoid.” (https://www.un.org/en/observances/toilet-day)
What’s it like in your country? In your community? In your world? Do you know anyone without a toilet or who lacks safe sanitation? I do. What are we going to do about this?
Presently, I am volunteering as Project Manager of a team that is in the process of funding and managing a WASH (Water Sanitation and Hygiene) project in Kisoro, Uganda at Matinza Primary School. The main aim of the project is to repair and build much needed toilets and latrines, and a water well.
You are probably fully aware that Non-Profit Organisations need access to people, resources and institutions to operate and deliver services to their clients. One critical service needed is financial services. In this post I will share a method which can assist you with resolving time consuming complaints and saving on legal fees.
Just like Governments and Businesses, Civil Society Organisations utilise financial services everyday. Such financial services include Banking, Insurance, and Real Estate. From time to time you may experience poor service which results in loss to your organisation. In order to address these issues you must know which body regulates the financial services provider. If you do not know which institution regulates them then just ask them. Banking, Insurance, Investments and Real Estate services should be regulated in all developed economies. For example, Banking in The Bahamas is regulated by The Central Bank of The Bahamas, Insurance in Canada is regulated by federal and/or provincial regulators. In Ontario, Canada insurance is regulated by Financial Services Regulatory Authority of Ontario. Investments in the United State of America is regulated by the US Securities Exchange and Commission, and the National Trading Standards Estate Agency Team regulates estate agency work in the United Kingdom and letting agency work in England.
So if you have an issue for example at an insurance company then you should follow the following steps:
Written complaint – if a verbal complaint does not resolve your issue with the Customer Service Officer then submit a written complaint to the branch manager of the financial services institution. Of course you should include as much relevant detail as possible in your letter e.g. account name and number, date of the poor service and the impact on your organisation or business. If possible then include a copy of the receipt or transaction. If you do not receive a reply after five working days then send a follow-up letter. If you do not receive a reply within three more working days then take the next step.
Complain to Regulator – contact the relevant regulator and submit a written complaint following the complaint process of the regulator. Regulators have different complaint processes which are normally set out on their websites. Follow the steps as set out. If no timeframe is given for a reply then follow the five plus three working day rule in the first step above. If you receive no reply from the regulator then take the next step.
Targeted follow-up with Regulator – call the regulator and follow-up with the Manager responsible for complaints (if you are given an email to contact the Manager then use email instead of a phone call but maintain the same timeframe). When doing so ensure that you have a copy of your complaint letter and follow-up along with the dates you submitted them or make reference to them if asked to send an email to the Manager. If you are not able to reach the Manager on your first call then call again three days later. If you are not able to reach the Manager during your follow-up then take the next step (make a note of the days you called for or tried to reach the Manager) .
Targeted follow-up with Executive Management – call the Regulator and ask for the person who answers directly to the Board of Directors for the day to day operations of the regulator. This maybe a Governor, Superintendent or Executive Director. Once you reach that office indicate that you need the Governor’s assistance with reaching the Manager and share which steps you have already taken to reach the Manager. Please mention the complaint, and the follow-ups (written and verbal) already made.
Following these four steps can be very effective. I have worked seven years with three financial services regulators in two countries. From my experiences taking these steps always result in your complaint being address. To help yourself you should make a written complaint and follow-ups if necessary. Naturally you should retain copies of all letters of complaint in a form that is easily retrievable and shared. If you are able to follow these steps and the recommendations then you will assist the financial service provider and/or the regulator with addressing your compliant as promptly as possible.
All the best and do well.
Please feel free to direct any questions or comments to Kean Smith at kean@smithkas.com
As of 3.11pm CET, 27 October 2020 there have been 43,341,451 confirmed cases of COVID-19 including 1,157,509 deaths reported to the World Health Organisation.[i]
The COVID-19 pandemic has delivered an enormous global shock, leading to steep recessions in many countries. The baseline forecast envisions a 5.2 percent contraction in global GDP in 2020 which would be the deepest global recession in decades. It is expected that per capita incomes in most emerging and developing economies will shrink this year.[ii]
The Bahamas is not immune to this economic shock. For example, according to a Central Bank of The Bahamas Monthly Economic and Financial Developments Report, August 2020, visitor arrivals for January – July 2020 to New Providence, Grand Bahama and the Family Islands decreased 66.3%, 73.7% and 50.8 % respectively. These figures are staggering when you consider the heavy reliance The Bahamas’s economy has on tourism expenditure. In fact, the massive contraction of taxable economic activities in The Bahamas resulted in $349 million (15.9%) decrease in tax receipts during the said period.
Economic contractions like this have impacted the financial health of charities globally. For example, according to a survey carried out by the Chartered Institute of Fundraising, Charity Finance Group and NCVO, and published by PwC, charities in the United Kingdom face £12.4 billion shortfall in income for the year due to the impact of the COVID-19 virus.[iii]
The report indicated that when looking at the year ahead, charities:
Expect to see their total income significantly reduced, with their total income on average 24% lower than previously forecasted;
Are planning on an average fall of 57% on trading income; and
Have raised their voluntary income for the year down by an average 42%
In total, 91% of the charities that responded to the survey are forecasting a drop in their budgeted income with 56% believing it will decrease and 35% expected a significant decrease.
The cause and nature of this economic contraction not only negatively impacts funding sources of NPOs but simultaneously increases the demand for many of their services. This is especially true for organisations providing humanitarian services. As a resulted of this reality, many NPOs are finding themselves “between a rock and a hard place”. So what can NPOs do?
Collaborate and partner to deliver projects (Photo by Joel Muniz on Unsplash)
Although NPOs may have to scale back their services, this is a good time for NPOs like yours to look for suitable opportunities to collaborate and partner with other organisations. Just like many people, organisations need additional help to deliver projects and will likely welcome offers to collaborate or partner. So if you have not started as yet then please approach them, including your national and local governments. If we are honest with ourselves, and I believe we are, we will admit that we all need each other. So reach out and pursue those opportunities to collaborate.
Please feel free to direct any questions or comments to Kean Smith at kean@smithkas.com
[i] WHO Coronavirus Disease (COVID-19) Dashboard. 2020. Available at: https://covid19.who.int/ [Accessed: 27 October 2020].
[ii] Global Economic Prospects. 2020. Available at: https://www.worldbank.org/en/publication/global-economic-prospects#:~:text=Global%20Outlook,-COVID%2D19%20has&text=The%20baseline%20forecast%20envisions%20a,economies%20will%20shrink%20this%20year. [Accessed: 25 October 2020].
[iii] Charities face £12.4bn shortfall in income for year. 2020. Available at: https://fundraising.co.uk/2020/06/19/charities-face-12-4bn-shortfall-in-income-for-year/ [Accessed: 28 October 2020].
The Non-Profit Organisation Act, 2019 (“the Act”) created the role of Controller and requires the Controller to sign a declaration which is part of the non-profit organisation’s registration form.
In this short article, I wish to share some basic information that will help you as Controller to start developing a culture of compliance in your organisation.
As a Controller you should be aware that the Registrar General (“the Registrar”) is given the authority by the Act to conduct on-site inspections of the operations of registered Non-Profit Organisations. The purpose of the inspection is for the Registrar to satisfy his/herself that registered Non-Profit Organisations are in compliance with the provisions of the Act and any regulations. Please note that the inspection will be conducted on the premises of your organisation or at a location as identified in the Act.
You should not view these powers to conduct inspections as intrusive. Remember that the purpose of the act is “… to ensure that [Non-Profit Organisations] are operating in a transparent manner and are not engaged in activities which constitute an identified risk.” (Objects and Reasons, Non-Profit Organisation Act, 2019)
I believe that the donors and supporters of your organisation desire that their money or other donated resources are used to help your organisation achieve its objectives. You should therefore take the necessary steps to ensure that your organisation complies with the Act and is not involved or supporting illegal activities like corruption, cybercrime or money laundering.
Furthermore, I believe that you will agree that it is in your organisation’s interest to promote a culture of compliance. A good place to start is for you as Controller to ensure that you understand your role and that your organisation maintains its business records including financial and other operational information. These records should be maintained at the office of your organisation and easily accessible for inspection by the Registrar if necessary.
Please feel free to direct any questions or comments to Kean Smith at kean@smithkas.com
Our project, NPO Project No. 9, was concluded at the close of business day on Thursday 8 October, 2020.
During the run up to the deadline, I was invited to represent the project on “The Hit Back with Nahaja Black” on Guardian Radio 96.9 FM on 28 and 30 September, 2020. The workshop aired live on radio and streamed live online was organised and sponsored by the Ministry of Social Services and Urban Development in conjunction with Civil Society Bahamas. The panelists contributing to the workshop were:
Dr. Jacinta Higgs, Director Gender & Women Affairs, Ministry of Social Services and Urban Development
Ms. Dellereese M. Grant, Assistant Registrar, Registrar General’s Office
Mr. Simon C. Rolle, Acting Assistant Registrar General, Registrar General’s Office
Dr Anthony Hamilton, President – Civil Society Bahamas
Mr. Kean Smith, Director and Project Manager of NPO Project No. 9
Mrs. Prodesta Moore, President & CEO – Bahamas Urban Youth Development Center
If the missed the workshop then I recommend that you contact Guardian 96.9 FM to secure a recording of the programme. I believe that the presenters provided excellent resource material on the process of registering and the benefits for non-profit organisations registering with the Ministry of Social Services and Urban Development.
Please feel free to direct any questions or comments to Kean Smith at kean@smithkas.com
