2 TABLE OF CONTENTS SUBJECT MATTER PAGE NUMBER 1. The constitution or founding documents will usually have detailed and clear sections on: Constitutions should be written so that they will not need to be changed throughout the life of an organisation. CONSTITUTION FOR A NON PROFIT COMPANY WITH MEMBERS OUT OF HOME MEDIA SOUTH AFRICA (NPC) Which is referred to in the rest of this Constitution as “the Company” Registration Number: 2014/004036/08 This Constitution was adopted by a Special Resolution passed at a Special General Meeting held on 8 th March 2018 . No need to spend hours finding a lawyer, post a job and get custom quotes from experienced lawyers instantly. Fax: 043 743 2656, Northern Cape Fax: 012 429 2316, KwaZulu Natal A Non Profit Company takes about 1 to 2 weeks to be registered when a Non Profit Organization can take anything from eight to twelve months, even more at times. Page | 2 107200572 - 203726 (MEC) Contents . Tel: 011 403 7746 Non-Profit Organizations include trusts, cooperative societies or associations, and Companies which come under Section 8 of the Companies Act 2013[2]. Get legal advice if you are not sure how to apply for a court order. Guide to the Nonprofit Organisations Act  |  Keyword . Fax: 031 306 2261, North West They may even be willing to help you prepare your own. In fact, these constitutions are generally only seen among religious and charity-oriented nonprofit entities. Green papers; Annual reports; Other documents; Documents for public comment; Statistical documents; Parliamentary documents; Search . They should not change regularly. Unlike bylaws, however, the constitution will typically explain the belief system of the organization, and it will outline the company's guiding principles along with its moral direction. Ideally, these entities will be in your same county and state. Bylaws are essentially the rules for how the organization will be governed and describe many of the non-profit's activities, such as annual meetings, the composition of the Board of Directors, and voting procedures. How to Prepare for the Composition of Your Constitution, Company Constitution Articles of Association, How to Set Up a Nonprofit Organization in California, Description of how the entity's assets, if there are any, will be dissolved once the operational life of the organization has come to an end, Steps that must be taken to amend the constitution. The difference between non-profit and for-profit organisations; The basic issues of the Non-Profit Organisations Act and the benefits of registering under the Act; Each type of non-profit organisation, what kinds of organisations each type of legal structure is most useful for and the advantages and disadvantages of each type; What structures and laws apply to each type; How to form an organisation of each type; Organisations that do not fit the definition of a Non-Profit Organisation in the NPO Act are not allowed to register under the Act. The Legal Resources Centre's Non-Profit Organisations Legal Support Project provides the following services: The LRC is bound by the policies of the Law Society that specify that they may only offer their services to organisations that could not otherwise afford such legal services. Get a court order. These laws tell you what must be coved by the founding document of your organisation. A non-profit company is not required to have members. However, once you go the national level to the constitution of a country, you … Hlengiwe Gasa This Non-Profit Bylaws document is used once a non-profit organization has been incorporated to define the structure and operations of the organization. Name a. SAMPLE CONSTITUTION AND BY-LAWS FOR UNIONS (PRIVATE SECTOR) NAME OF UNION C O N S T I T U T I O N P R E A M B L E WE, the employees of the _____, in order to promote our moral, social and economic well-being; protect and uphold our individual and collective rights, as well as foster harmonious and progressive labor management relations do hereby promulgate this CONSTITUTION. Private Bag X901 |   Conflict management Whether your organisation is a non-profit organisation or not. There are many different kinds of … Document Type . National Office By contacting such nonprofits, you can introduce yourself as a representative of a similar organization and request to see a copy of their constitution. These organisations are regarded as for-profit type organisations and will not fall under the NPO Act. 1.1 Name . It is designed to help a small, charitable, not-for-profit company limited by guarantee with straight-forward membership create a suitable governing document. Baba Michael Jordaan … 1.1 Name . The Association shall have the same powers as that of a company under the Companies Act, as amended. Nonprofit Organisations Amendment Act 17 of 2000. Registration gives the organisation rights, duties and privileges in relation to accountability, fundraising and tax. 1.3 Exclusion of replacement rules . Throughout history, technologies that have increased access to and the range of available information have fundamentally shifted the legal and moral structures that have governed societies. It is a major decision to change a constitution and the existing constitution should say when and how it may be done. No, under the terms of the Cleardocs not-for-profit proprietary limited company Constitution: directors cannot be paid fees for their services; the directors can be remunerated for travel and other expenses they incur in relation to their duties as directors. The objectives you include should be relevant to the long-term goal and purpose of the organisation. This could, technically, cover private companies but, in practice, when we refer to NGOs in South Africa, we mean only those non-governmental organisations that are non-profit as well. corporate giving programs about the needs of organizations that advocate for clean water; to sponsor reports, meetings and workshops for environmental nonprofits about how to to strengthen environmental organizations ; and to educate the public about the funding needs of organizations that work to protect and restore rivers. If you need to register you organisation, the laws will tell you what kind of founding documents you will need in order to register the organisation. When the company is wound-up the liability of the shareholders is limited to the amount they've paid for their shares. Central Coast Community Women’s Health Centre Ltd. ACN 001 330 472 . Section 1. Have a professional editor look through the document and correct any errors that may be present. Describe membership details of the organization: This is where you explain who your members are, including what their character traits are. creates a constitution for a Not-for-profit company (and, if applicable, also a trustee of an Ancillary Fund); and; we tell ASIC that the company is "a Not-for profit company (so that your company pays a lower annual review fee to ASIC). There are literally hundreds of different free sample bylaw templates for non-profits available on the Web. Any changes to this constitution must be agreed by at least two thirds of those members present and voting at any general meeting. How to complete the npo application form 2011. 1. Only the main structures and their functions should be covered, as you may want to change parts of the structure from time to time. Tel: 08000 37 007 (free help line of the Department of Trade and Industry, Ntsika When an organisation is going to close, for whatever reason, the constitution indicates how this should be done and what should happen to the resources of the organisation. It is designed to help a small, charitable, not-for-profit company limited by guarantee with straight-forward membership create a suitable governing document. Tel: 0800 11 38 57 (free help line), Self-Employed Women's Union All organisations that fall under the Non-Profit Organisations Act (NPO Act) may choose whether to register with the Non-Profit Organisation (NPO) Directorate of the Department of Social Development. Education & Training guide, This material may not be used for profit without If you fail to do that, your application will be rejected. Tel 027 712 3011 Depending on the constitution of your non-profit organisation, you may need to have your accounts audited, or you may need to have them independently examined. Bylaws are essentially the rules for how the organization will be governed and describe many of the non-profit's activities, such as annual meetings, the composition of the Board of Directors, and voting procedures. How to complete the npo application form 2011. It's simple enough, file Article of Incorporation with the state and include a $25 check. You are here. The majority of the information provided in the guidelines on Constitutions above comes from the Legal Resources Centre (LRC). Show the structure of the board of directors as well as the positions of any officers who help manage the organization: Here you will detail how officers are chosen and what powers they have the right to exercise. Fax: 056 215 2316, Gauteng THE COMPANIES ACT 2014 – CONSTITUTION TEMPLATE. If you have questions regarding how to develop a constitution for nonprofit organizations, post your legal need on UpCounsel today. These entities are formed to assist people. Example constitution and bylaws (__enter chapter name. Tel: (012) 312 7676, Department of Social Development For example you may say " A Chairperson, secretary, treasurer and at least three additional members will be elected as an executive at the AGM" This allows you to change the number and the portfolios on the executive as your needs change, without having to amend your constitution. Start Date . Assistance to NPOs to establish a Voluntary Association, Trust or Section 21 Company. The constitution itself is going to serve as a legal document, and there are several areas it will need to cover. Organisations that can afford to pay for legal assistance from income or donations can contact LRC to find out which legal practitioners in their area are familiar with the legal environment of non-profit organisations. Unlike bylaws, however, the constitution will typically explain the belief system of the organization, and it will outline the company's guiding principles along with its moral direction. Just as a constitution organizes a government and describes how that government functions, so do by-laws.