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BILL ESSENTIALS The Non-Profit Organisations Bill, 2019 1 | Page LL Date Introduced: 22 March, 2019 House: House of Representatives Minister: Attorney General and Minister of Legal Affairs HOR Bill No: 4 of 2019 Links: The links to the Bill, and its progress can be found on the Bill’s home page through the Parliament’s website, www.ttparliament.org BILL ESSENTIALS NO. 10, 2018–19 28 MARCH, 2019 The Non-Profit Organisations Bill, 2019 Table of Contents BACKGROUND ....................................................................................................................................................................... 2 KEY FEATURES OF THE BILL .................................................................................................................................... 2 INTERPRETATION ............................................................................................................................................................. 2 PART II – Supervision and Registration of Non-Profit Organisations ................................................. 3 Regulator of Non-Profit Organisations .................................................................................................................... 3 Application for registration as Non-Profit Organisation .............................................................................. 3 Power to grant or renew registration ........................................................................................................................ 4 Renewal of registration ..................................................................................................................................................... 5 Non-Profit Companies ........................................................................................................................................................ 5 Establishment of a Register of Non-Profit Organisations ............................................................................ 5 Cancellation of Registration ........................................................................................................................................... 6 Updating the Register ........................................................................................................................................................ 7 Recommendation for cancellation by Regulator .................................................................................................. 8 Appeals ........................................................................................................................................................................................ 8 PART III – Obligations of Non-Profit Organisations ...................................................................................... 8 Keeping of financial accounts and records ............................................................................................................. 8 Audit ............................................................................................................................................................................................. 8 Change of Particulars ......................................................................................................................................................... 9 Failure to notify Registrar General ............................................................................................................................ 9 Surrender of Registration ................................................................................................................................................ 9 Records ......................................................................................................................................................................................10 Disqualification of controller of a Non-Profit Organisation .....................................................................10 Distribution of Property upon Surrender ..............................................................................................................10 Forfeiture of Property upon cancellation .............................................................................................................11 PART IV – Offences ...........................................................................................................................................................12 PART V – Miscellaneous .................................................................................................................................................12 Notice to Non-Profit Organisation ...........................................................................................................................12 Regulations .............................................................................................................................................................................13 Rules ...........................................................................................................................................................................................13 Transitional ............................................................................................................................................................................13 Consequential Amendments ...........................................................................................................................................14 Schedule – Amendments to Legislation ..................................................................................................................14

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Page 1: Bill Essentials - The Non-Profit Organisations Bill, 2019ttparliament.org/documents/2806.pdf · BILL ESSENTIALS The Non-Profit Organisations Bill, 2019 5 | P a g e determined under

BILL ESSENTIALS The Non-Profit Organisations Bill, 2019

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LL

Date Introduced: 22 March, 2019

House: House of Representatives

Minister: Attorney General and

Minister of Legal Affairs

HOR Bill No: 4 of 2019

Links: The links to the Bill, and its

progress can be found on the Bill’s

home page through the Parliament’s

website, www.ttparliament.org

BILL ESSENTIALS NO. 10, 2018–19 28 MARCH, 2019 The Non-Profit Organisations Bill, 2019

Table of Contents

BACKGROUND ....................................................................................................................................................................... 2

KEY FEATURES OF THE BILL .................................................................................................................................... 2

INTERPRETATION ............................................................................................................................................................. 2

PART II – Supervision and Registration of Non -Profit Organisations ................................................. 3

Regulator of Non-Profit Organisations .................................................................................................................... 3

Application for registration as Non-Profit Organisation .............................................................................. 3

Power to grant or renew registration ........................................................................................................................ 4

Renewal of registration ..................................................................................................................................................... 5

Non-Profit Companies ........................................................................................................................................................ 5

Establishment of a Register of Non -Profit Organisations ............................................................................ 5

Cancellation of Registration ........................................................................................................................................... 6

Updating the Register ........................................................................................................................................................ 7

Recommendation for cancellation by Regulator .................................................................................................. 8

Appeals ........................................................................................................................................................................................ 8

PART III – Obligations of Non-Profit Organisations ...................................................................................... 8

Keeping of f inancial accounts and records ............................................................................................................. 8

Audit ............................................................................................................................................................................................. 8

Change of Particulars ......................................................................................................................................................... 9

Failure to notify Registrar General ............................................................................................................................ 9

Surrender of Registration ................................................................................................................................................ 9

Records ......................................................................................................................................................................................10

Disqualif icat ion of controller o f a Non-Profit Organisation .....................................................................10

Distribution of Property upon Surrender ..............................................................................................................10

Forfeiture of Property upon cancellation .............................................................................................................11

PART IV – Offences ...........................................................................................................................................................12

PART V – Miscellaneous .................................................................................................................................................12

Notice to Non-Profit Organisation ...........................................................................................................................12

Regulations .............................................................................................................................................................................13

Rules ...........................................................................................................................................................................................13

Transitional ............................................................................................................................................................................13

Consequential Amendments ...........................................................................................................................................14

Schedule – Amendments to Legislation ..................................................................................................................14

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BACKGROUND

1. The Non-Profit Organisations Bill, 20191 (hereinafter referred to as “the Bill”) provides

for the registration of non-profit organisations, the establishment and maintenance of a register of non-profit organisations, the obligations of non-profit organisations and for related matters.

2. This Bill was introduced in the House of Representatives by the Attorney General and Minister of Legal Affairs on March 22, 2019.

3. This Bill would come into effect on the date fixed by the President for proclamation.

KEY FEATURES OF THE BILL

INTERPRETATION

4. Clause 3 of the Bill defines certain words and phrases, inter alia:

“business day” means any day on which institutions licensed under the Financial

Institutions Act2 are open for conducting business in Trinidad and Tobago;

“financial intelligence unit” means the Financial Intelligence Unit established under the

Financial Intelligence Unit of Trinidad and Tobago Act3;

“non-profit company” has the meaning assigned to it under the Companies Act4 (a

company without share capital);

“non-profit organisation” means a body of persons incorporated or unincorporated

which:

i. is established primarily for the promotion of a patriotic, religious, philanthropic,

charitable, educational, cultural, scientific, literary, historical, artistic, social,

professional, fraternal, sporting or athletic purpose or some other useful

object/purpose and raises/disburses funds for that specific purpose or object;

ii. carries on its business activities without any financial gain to any of its members

or officers except as reasonable compensation for services rendered or which

1 http://www.ttparliament.org/publications.php?mid=28&id=829 2 Chap 79:09: http://rgd.legalaffairs.gov.tt/Laws2/Alphabetical_List/lawspdfs/79.09.pdf 3 Chap 72:01: http://rgd.legalaffairs.gov.tt/Laws2/Alphabetical_List/lawspdfs/72.01.pdf 4 Chap 81:01: http://rgd.legalaffairs.gov.tt/Laws2/Alphabetical_List/lawspdfs/81.01.pdf

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restricts the use of its profits or additional increases to the promotion of its

objective or purpose.

“Official Receiver” means the Official Receiver designated under Section 462 of the

Companies Act; Section 366 of the Companies Act defines “Official Receiver” as the

Official Receiver attached to the Court for bankruptcy purposes, and includes any

Assistant Official Receiver ;

“Registrar General” refers to the Registrar General or any officer acting in that capacity

including any person duly authorised by the Registrar General in accordance with

Section 3(1) of the Registrar General Act5.

PART II – Supervision and Registration of Non-Profit Organisations

Regulator of Non-Profit Organisations

Clause 4 of the Bill provides that the Financial Intelligence Unit (“FIU”) shall be the Regulator of Non-Profit Organisations with responsibility for the AML/CFT/PF6 supervision of non-profit organisations. The FIU will be conferred with the powers and duties under this Bill, the Financial Intelligence Unit of Trinidad and Tobago Act and any other written law.

5. However, the requirement under Section 18B of the Financial Intelligence Unit of Trinidad

and Tobago Act for all non-regulated financial institutions and businesses listed in the First

Schedule of the Proceeds of Crime Act7 to register with the FIU would not apply to non-

profit organisations since they are required to register with the Registrar General under the

Act.

Application for registration as Non-Profit Organisation

6. Clause 5 of the Bill provides that a person shall not operate a non-profit organisation in

Trinidad and Tobago unless such non-profit organisation is registered. Contravention of this

provision will result in the commission of an indictable offence with such persons liable on

conviction on indictment to a fine of Fifty Thousand Dollars ($50,000.00) and imprisonment

for seven (7) years.

7. Additionally, a controller of a non-profit organisation must follow the outlined procedure

when applying to the Registrar General to have any such non-profit organisation registered.

The prescribed form containing the name and contact information of the non-profit

5 Chap 19:03: http://rgd.legalaffairs.gov.tt/Laws2/Alphabetical_List/lawspdfs/19.03.pdf 6 Anti-Money Laundering/Countering the Financing of Terrorism/Financing the Proliferation of weapons of mass destruction. 7 Chap 11:27: http://rgd.legalaffairs.gov.tt/Laws2/Alphabetical_List/lawspdfs/11.27.pdf

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organisation; its declared purposes and activities; along with the name, occupation, and

contact details of each of its controllers must be submitted. Other documentation which

must accompany the application include copies of the constituent documents of the non-

profit organisation; copy of photo ID (national identification card or passport) of the

controller making the application of the non-profit organisation; completed AML/CFT/PF

risk assessment questionnaire; the prescribed fee; and such other information as prescribed

by the Rules.

Power to grant or renew registration

8. Clause 6 of the Bill provides for the registration of a non-profit organisation and the renewal

of the registration of a non-profit organisation in thirty (30) business days provided that the

Registrar General is satisfied that the Applicant has met certain requirements. A Certificate

of Non-Profit Organisation registration would then be issued to the registered Non-Profit

Organisation.

9. Additionally, the Registrar General may refuse to register or renew an applicant as a non-

profit organisation for several reasons inter alia:

a. If the applicant does not qualify to be a non-profit organisation within the

definition under Clause 3;

b. if the information contained in the application for registration is incorrect

or incomplete;

c. if the non-profit organisation is a designated individual or entity under

Section 22B of the Anti-Terrorism Act8 or any order made under Section 4

of the Economic Sanctions Act9;

d. if a person named as a controller is disqualified; or

e. where the non-profit organisation previously registered under this Act has

been cancelled.

10. Moreover, such refusal to register or renew the applicant can also be done if:

the name of the non-profit organisation is the same or similar to the name of a

registered non-profit organisation;

the name is similar or the same of a registered non-profit organisation, another

person, association, partnership, firm or any registered/well-known trademark as

8 Chap 12:07: http://rgd.legalaffairs.gov.tt/Laws2/Alphabetical_List/lawspdfs/12.07.pdf 9 Chap 81:05: http://rgd.legalaffairs.gov.tt/Laws2/Alphabetical_List/lawspdfs/81.05.pdf

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determined under Section 13A of the Trade Marks Act10 and such usage of that name

is likely to confuse or mislead, unless the non-profit organisation, person, association,

partnership or firm consents in writing to usage of that name in whole or in part;

it is primarily a geographic name used alone unless the applicant establishes and

satisfies the Registrar General that the name has through usage acquired and

continues to have a secondary meaning;

it suggests or implies a connection with the State, the Government or any Ministry,

Department, Branch, Bureau, Service, Agency or activity of the Government unless

consent in writing is obtained from the appropriate Minister for the proposed name;

it contains the word/s “credit union”, “co-operative” or “co-op” when connoting a

co-operative venture; or

it suggests or implies a connection with a University or Professional Association

recognized by the laws of Trinidad and Tobago unless such University or Professional

Association consents in writing to usage of the proposed name or it is a name which

the Registrar General finds objectionable for any reason.

Renewal of registration

11. Clause 7 of the Bill establishes that the duration of a Certificate of Non-Profit Organisation

Registration shall be valid for a period of three (3) years from the date of issuance. Upon

expiration of the Certificate of Registration, the non-profit organisation must apply in

prescribed form and pay the prescribed fee to the Registrar General for renewal of its

registration, no later than one (1) month after the expiration of the Certificate of

Registration. Such non-profit organisation may continue to operate until a decision is made

by the Registrar General.

Non-Profit Companies

12. Clause 8 of the Bill establishes that any non-profit company registered under the Companies

Act is deemed to be duly registered as a non-profit organisation under the Act and the

Registrar General must enter it on the register of non-profit organisations.

Establishment of a Register of Non-Profit Organisations

13. Clause 9 of the Bill establishes that a Register of non-profit organisations must be

established and maintained by the Registrar General. Such register must only include

10 Chap 82:81: http://rgd.legalaffairs.gov.tt/Laws2/Alphabetical_List/lawspdfs/82.81.pdf

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specific information relating to the non-profit organisation received during the application

process which includes:

the name, address, telephone number and e-mail address of the non-profit

organisation;

its purpose and activities;

the name, occupation and address of each person who is a controller of such non-

profit organisation;

the date of its registration as a non-profit organisation;

the date of its renewal of registration;

the date on which its registration was cancelled (if applicable); and

such other information as prescribed by the Rules.

14. Such register may also be examined, copied or extracted by any person of the public during

normal business hours upon payment of a prescribed fee.

15. Additionally, the Registrar General must provide a copy of the Register to the Regulator

either of his own volition or when requested to do so and the Registrar General must not

disclose information which is not contained in the Register except to the Regulator, for law

enforcement purposes, court proceedings or pursuant to a court order.

Cancellation of Registration

16. Clause 10 of the Bill outlines the instances when the Registrar General may cancel the

registration of a non-profit organisation and the process for notifying said organisation that

its registration would be cancelled. The Registrar General must notify the non-profit

organisation in writing along with the Regulator and other such persons as prescribed by the

Regulations of such cancellation.

17. Additionally, the non-profit organisation must not conduct any business as a non-profit

organisation nor solicit cash, donations, grants, subventions or property if its registration is

cancelled.

18. The Registrar General’s written notification to the non-profit organisation must state that

its registration would be cancelled upon the expiration of thirty (30) days or such longer

period as determined by the Registrar General from the date of the notice, unless the non-

profit organisation submits written reasons within that period, to the Registrar General’s

satisfaction, on why its registration should not be cancelled. The Registrar General must

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consider and make a determination within twenty-one (21) days from the date of receipt of

such reasons.

19. The registration of a non-profit organisation may be cancelled by the Registrar General if:

the non-profit organisation failed without reasonable cause to keep proper financial

accounts and records or to submit audited financial accounts and records;

it is proven in Court that the non-profit organisation breached a duty owed to itself

or its contributors;

the non-profit organisation committed a criminal offence which carries a penalty of

a term of imprisonment of three (3) years or more;

the non-profit organisation is found guilty of an offence under the Proceeds of Crime

Act, Anti-Terrorism Act, Financial Intelligence Unit of Trinidad and Tobago Act, or

any other written law under which the recommendations of the Financial Action Task

Force are implemented;

the non-profit organisation is classified as a designated individual or entity under

Section 22B of the Anti-Terrorism Act or any order made under Section 4 of the

Economic Sanctions Act; or

the non-profit organisation is struck off the Companies register under Section 461 or

489 of the Companies Act or on the Regulator’s recommendation under Section 12.

20. However, in the event that the Registrar General decides not to cancel the registration of

any non-profit organisation, he must as soon as practicable, notify the non-profit

organisation in writing.

Updating the Register

21. Clause 11 of the Bill provides for the updating of the register of non-profit organisations by

the Registrar General if the registration of such non-profit organisation are cancelled or

surrendered under the Act. The Registrar General must also publish notice thereof in the

Gazette and one daily newspaper in general circulation in Trinidad and Tobago. The Registrar

General must also inform the Regulator when a non-profit company is struck off the

Companies register under Section 461 or 489 of the Companies Act and the register must

be updated accordingly.

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Recommendation for cancellation by Regulator

22. Clause 12 of the Bill establishes that in instances where a non-profit organisation fails to

comply with any of the Regulator’s directive under the Financial Intelligence Unit of

Trinidad and Tobago Act, the Regulator may recommend to the Registrar General that the

registration of the non-profit organisation be cancelled.

Appeals

23. Clause 13 of the Bill provides that any applicant whose registration or renewal of registration

as a non-profit organisation has been refused or cancelled, may appeal those decisions to a

High Court Judge.

PART III – Obligations of Non-Profit Organisations

Keeping of financial accounts and records

24. Clause 14 of the Bill provides that a controller of any non-profit organisation must ensure

that proper financial accounts and records are kept inclusive of all sums of cash received and

expended and the matters relating to which such receipts and expenditures relate, all gifts,

sales and purchases of property, all sums of cash raised through fundraising, non-monetary

transactions as prescribed by the Regulations, assets and liabilities and any other matters

prescribed by the Regulations.

25. Additionally, a controller of a non-profit organisation must also ensure that the financial

accounts and records show and detail all the transactions of the non-profit organisation, and

be able to accurately disclose at any time the financial position of the non-profit

organisation.

Audit

26. Clause 15 of the Bill provides that any non-profit organisation with a gross annual income

exceeding Ten Million Dollars ($10,000,000.00) is required to have its financial accounts and

records annually audited and reported on by a qualified auditor11. Upon completion of such

audited financial accounts and records, the qualified auditor must submit his report to the

controller of the non-profit organisation and this audited report must be submitted by the

controller to the Registrar General upon request at any time.

11 An auditor who is a member of and is in good standing with the Institute of Chartered Accountants of Trinidad and Tobago.

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27. Additionally, the Registrar General must provide a copy of the audited report of a non-profit

organisation to the Regulator either of his own volition or when requested to do so by the

Regulator.

Change of Particulars

28. Clause 16 of the Bill establishes that the controller of a non-profit organisation must notify the Registrar General in prescribed form of any change in particulars of the non-profit organisation during an application for registration, within thirty (30) days of such change. The Registrar General must enter in the register any such change in particulars as specified.

Failure to notify Registrar General

29. Clause 17 of the Bill establishes that it is an offence for a controller of a non-profit

organisation to fail to notify the Registrar General in accordance with the preceding Clause.

Such person would be liable upon summary conviction to a fine of Fifty Thousand Dollars

($50,000.00).

Surrender of Registration

30. Clause 18 of the Bill provides for the process of surrendering the registration of a non-profit

organisation where it voluntarily wishes to do so or is no longer in operation. Any non-profit

organisation that wishes to surrender its registration or is no longer in operation must notify

the Registrar General of same and the Registrar General may approve the surrender.

31. Within six (6) months after receiving such approval to surrender, the non-profit organisation

must distribute its property in accordance with Clause 21. Moreover, within twenty-one

days after the distribution of its property the non-profit organisation must file with the

Registrar General a statutory declaration in prescribed form and surrender its Certificate of

Non-Profit Organisation Registration to the Registrar General.

32. Any controller of a non-profit organisation which contravenes this clause commits an

offence under the Act and would be liable upon summary conviction to a fine of One

Hundred Thousand Dollars ($100,000.00) and imprisonment for ten (10) years.

33. Lastly, any non-profit organisation which surrenders its certificate of registration must not

conduct business as a non-profit organisation nor solicit cash, donations, grants,

subventions, or property.

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Records

34. Clause 19 of the Bill provides that a controller of a non-profit organisation must ensure that

the records of its purposes and activities; the identity of the controllers, senior officers,

directors and trustees; and the source of its gross annual income, as well as its financial

accounts and records are kept for a period of six (6) years or such other period as prescribed

by the Regulations.

35. A controller of a non-profit organisation which contravenes this clause commits an offence

under the Act and would be liable upon summary conviction to a fine of Fifty Thousand

Dollars ($50,000.00) and imprisonment for seven (7) years.

Disqualification of controller of a Non-Profit Organisation

36. Clause 20 of the Bill provides for the disqualification of a controller of a non-profit

organisation based on certain grounds. Such grounds include:

a. being found guilty of a summary offence under the Proceeds of Crime Act or

Anti-Terrorism Act;

b. being found guilty of a criminal offence which carries a penalty of a term of

imprisonment of three (3) years or more;

c. being sentenced to imprisonment or being convicted of an offence involving

fraud or dishonesty whether in Trinidad and Tobago or elsewhere;

d. being a designated individual or entity under Section 22B of the Anti-

Terrorism Act or any order made under Section 4 of the Economic Sanctions

Act; or

e. found guilty of an offence under this Act.

Distribution of Property upon Surrender

37. Clause 21 of the Bill establishes the process of distribution of the property of a non-profit

organisation which has chosen to surrender its registration as a non-profit organisation.

38. Prior to a non-profit organisation, which is not a non-profit company, surrendering its

registration as a non-profit organisation, the organisation must apply to the Official Receiver

for its property to be distributed to such other non-profit organisation with a similar purpose

as determined by its members. Once approved by the Official Receiver, the non-profit

organisation must, after satisfaction of all its debts and liabilities, give or transfer any

remaining property to such other approved non-profit organisation.

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39. However, before a non-profit organisation, which is a non-profit company, surrenders its

registration as a non-profit organisation, the non-profit organisation must distribute its

property in accordance with Section 316 of the Companies Act.

Forfeiture of Property upon cancellation

40. Clause 22 of the Bill provides for the forfeiture of the property, under the Proceeds of Crime

Act or Anti-Terrorism Act, of a non-profit organisation whose registration has been

cancelled under Clause 10 of the Act. , This is applicable in instances where the registration

of a non-profit organisation has been cancelled because the non-profit organisation is found

guilty of an offence under the Proceeds of Crime Act, Anti-Terrorism Act, Financial

Intelligence Unit of Trinidad and Tobago Act, or any other written law under which the

recommendations of the Financial Action Task Force are implemented or the non-profit

organisation is a designated individual or entity under Section 22B of the Anti-Terrorism Act

or any order made under Section 4 of the Economic Sanctions Act.

41. In such instances the Attorney General must make an application to a High Court Judge for

an order of forfeiture in relation to the property of a non-profit organisation. The Attorney

General would be required to name as respondents to any such application only those

persons who are known to own or control the property that is the subject of the application.

The Attorney General must also give notice of such application to the respondents named

in the application, in such manner as directed by the Judge. The Judge may Order that the

property of the non-profit organisation be forfeited to the State, and such Order must be

published in the Gazette and one daily newspaper in general circulation in Trinidad and

Tobago at least once a week for two weeks. Any property of a non-profit organisation

forfeited to the State, must be given or transferred to such other non-profit organisation as

determined by the Judge.

42. Additionally, a Judge may require notice to be given to any person not named as a

respondent who in the Judge’s opinion appears to have an interest in the property, and any

such person would be entitled to be added as a respondent to the application. If the Judge

is satisfied that a person has an interest in the property which is the subject of an application

then the Judge must order that such interest would not be affected by the Order made and

such Order must also declare the nature and extent of the interest in question.

43. Lastly, any person who claims an interest in property that has been forfeited and who has

not been named as a respondent or been given notice may make an application to the High

Court to vary or set aside such an Order made, no later than sixty (60) days after the day on

which the forfeiture order was made. Pending the determination of any appeal against such

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an Order of forfeiture made, any person appointed to manage, control or otherwise deal

with the property under this Section would continue to act in that capacity.

PART IV – Offences

44. The following offences are created under Clauses 23 and 24 of the Bill:

Clause Offence Penalty

23

Non-solicitation of contributions from public

Soliciting or causing to be solicited, contributions12 from the public or the State, locally or internationally whilst not registered under this Act.

On summary conviction: a fine of fifty thousand dollars ($50,000.00) On summary conviction: a fine of fifty thousand dollars ($50,000.00) and imprisonment for seven (7) years

Any controller13 of a non-profit organisation that solicits or causes to be solicited, contributions from the public or the State, locally or internationally whilst not registered under this Act.

24

Liability of a Controller

A Controller of a non-profit organisation who knowingly or recklessly makes or provides a false document, financial accounts/records or audited financial accounts/records required under this Act.

On summary conviction: a fine of fifty thousand dollars ($50,000.00) and imprisonment for seven (7) years Liable to be proceeded against and punished accordingly unless otherwise expressly provided.

Any Controller of a non-profit organisation who knowingly or recklessly authorises, acquiesces in or permits any breach of this Act constituting an offence by a non-profit organisation.

PART V – Miscellaneous

Notice to Non-Profit Organisation

45. Clause 25 of the Bill establishes that any notice required by this Act to be sent to a non-profit

organisation must be sent in writing, by prepaid post or personally delivered to the

registered address of the non-profit organisation.

12 The receipt of cash, donations, gifts, grants and subventions. 13 The controller of a non-profit organisation charged with such an offence may advance a defence to prove that he did not know of the non-profit organisation’s solicitation of contributions.

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Regulations

46. Clause 26 of the Bill provides that the Minister to whom responsibility for finance is assigned

may make Regulations in relation to the Regulator. Additionally, the Minister to whom

responsibility for legal affairs is assigned may make Regulations in relation to the Registrar

General to give effect to the provisions of this Act. Such Regulations made under the Act

shall be subject to the negative resolution of Parliament.

47. Lastly, notwithstanding Section 63 of the Interpretation Act14 such Regulations made under

this Act may prescribe penalties not exceeding Ten Thousand Dollars ($10,000.00) and

imprisonment for six (6) months for offences committed thereunder upon summary

conviction.

Rules

48. Clause 27 of the Bill provides that the Registrar General may, with the approval of the

Minister with responsibility for the Registrar General Department, make Rules prescribing

forms, fees and other matters relating to the registration of nonprofit organisations under

the Act.

49. Additionally, notwithstanding Section 63 of the Interpretation Act, such Rules made under

this Section may prescribe penalties not exceeding Two Thousand Dollars ($2,000.00) for

offences committed thereunder upon summary conviction.

Transitional

50. Clause 28 of the Bill provides for certain transitional provisions under this Act, including the

ability of a non-profit organisation which was in operation just prior to the commencement

of this Act, to continue carrying out its activities without registration for a period of no more

than eighteen (18) months or such other period as the Minister may extend by Order,

provided that the extension does not exceed twelve (12) months.

51. Additionally, any non-profit organisation must before the expiration of the period referred

to or any extension of that period, as applicable may apply to be registered as a non-profit

organisation under this Act and where the non-profit organisation was exempt from

corporation tax under Section 6(1) of the Corporation Tax Act15, just prior to

commencement of this Act, must provide the Registrar General with a copy of the letter of

approval of the exemption granted by the Minister with responsibility for finance.

14 Chap 3:01: http://rgd.legalaffairs.gov.tt/Laws2/Alphabetical_List/lawspdfs/3.01.pdf 15 Chap 75:02: http://rgd.legalaffairs.gov.tt/Laws2/Alphabetical_List/lawspdfs/75.02.pdf

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52. Furthermore, any non-profit company registered under the Companies Act immediately

prior to the commencement of this Act must submit a completed AML/CFT/PF risk

assessment questionnaire to the Registrar General within twelve (12) months of the

commencement of this Act.

53. Lastly, any matter or proceedings commenced in Court in relation to a non-profit

organisation immediately prior to the commencement of this Act must be continued,

completed and enforced as if this Act was not in force.

Consequential Amendments

54. Clause 29 of the Bill provides for consequential amendments to other Acts as set out in the

Schedule.

Schedule – Amendments to Legislation 55. The Schedule provides for consequential amendments to the Anti-Terrorism Act,

Companies Act, Financial Intelligence Unit of Trinidad and Tobago Act and the Proceeds of

Crime Act.

Legal Unit Parliament Secretariat Parliament of the Republic of Trinidad and Tobago Level 3, Tower D, Port of Spain International Waterfront Centre #1A Wrightson Road, Port of Spain

March 28, 2019

Disclaimer: Bills Essentials are prepared to support the work of the Members of the Parliament of the Trinidad and

Tobago and is not intended to address the specific circumstances of any particular individual. They are produced

under time and resource constraints and aim to be available in time for debate in the Houses.

The views expressed in Bill Essentials do not reflect an official position of the Legal Unit, nor do they constitute

professional legal opinion. Bill Essentials reflect the relevant legislation as introduced and do not canvass subsequent

amendments or developments. To determine the official status of the Bill or follow its progress click here:

http://www.ttparliament.org/publications.php?mid=28&id=829