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.
