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