(Least Complex)
An Association is an organisation established in terms of Common Law and abides in terms of the Common Law.
It requires an agreement in the form of written or unwritten constitution between three or more people
Requirements:
3 or more Founders
Executive Committee (The EC is also called a voluntary board and can consist of the founders. Make sure you have full names and ID numbers of the committee members)
Constitution - Conduct a board meeting and consider the number of executive committee members, financial year end date and frequency of board meetings to stipulate in the constitution.
Open the Model Constitution below, Select All and Copy-Paste it into Word or Google Docs to customize and save it for your organization.
Ask AidIT to help at R550 HERE. (NPO Registration with DSD included)
(Complex)
A Trust is established and has to abide by the Trust Property Control Act (57 of 1988).
It is registered with the Master of the High Court and requires the Deeds of Trust (or Trust Deeds)
Requirements:
A Minimum of 3 Trustees (Members) – in certain circumstances one needs to be ‘independent’)
An Auditor (Can be your lawyer)
Trust Deed (Company Partners R990 in 2019) or ask your lawyer
Application fee R250 (2019)
Proof of payment of the applicable fee
Application form (J401)
Completed Acceptance of Trusteeship (J417) and Acceptance of Auditor Application (J405) forms.
Beneficiary Declaration (J450)
Trustee(s) Identification – Certified copies of ID / Passport / Organization Proof of Registration (CK1)
Trustee(s) Representative Identification – Certified copies of ID or Passport
Beneficiaries Identification – Certified Copies of ID or Birth Certificates / Passport /Organization (CKI)
Bond of security by the trustees - form J344 (if required by the Master) or Proof of Exemption (If applicable)
Final Certified Court Order (if applicable)
21 Days
Ask Company Partners to draft a trust deed and register your trust HERE (R3490 in 2019)
(Most Complex)
Nonprofit Company (NPC) is established and incorporated in terms of the Companies Act No. 71 of 2008.
It is registered with the Companies and Intellectual Property Commission (CIPC) and requires memorandum of incorporation
Requirements:
3 Incorporaters (An incorporator is a person in charge of setting up a corporation. The incorporator signs and files the Articles of Incorporation with the state in which the corporation is registering )
3 Directors (A company director is appointed to a limited company to manage the day-to-day business activities and finances and to ensure all statutory filing obligations are met. Directors must act lawfully and honestly and make decisions for the benefit of the company and its members)
Member OR No members (A non-profit company is not required to have members. The members of a non-profit company are persons who participate in the activities of the non-profit company, such as members of a church or project beneficiaries)
Registration fee R425-R475 (2019)
Corporate Name (Consider availability of domain name)
Memorandum of Incorporation (MOI)
25 Days
Do it yourself HERE
OR
Ask CIPC Registrations HERE (R995 in 2019)
Requirements:
Constitution / Trust Deed / Memorandum of Incorporation
ID numbers and full names of the Executive Committee members, Trustees or Directors
Contact details and Address
Before going to the online registration, have a look at the copy on the right to ensure you have all needed information. You cannot save an uncompleted form so make sure you have all the required information
Do it yourself HERE
Ask AidIT to help at R550 HERE
Not for profit organisations play a significant role in society as they take a shared responsibility with Government for the social and development needs of the country. Preferential tax treatment is designed to assist non-profit organisations by augmenting their financial resources.
The preferential tax treatment for not for profit organisations is however not automatic and organisations that meet the requirements set out in the Income Tax Act, 1962, must apply for this exemption. If the exemption application has been approved by SARS, the organisation is registered as a Public Benefit Organisation (PBO) and allocated a unique PBO reference number.
It is important to note that an organisation that has a non-profit motive or is registered as a non-profit organisation (NPO) or Non Profit Company (NPC) does not automatically qualify for preferential tax treatment. An organisation will only enjoy preferential tax treatment after it has applied for and been granted approval as a Public Benefit Organisation (PBO) by the Tax Exemption Unit (TEU).
Do it yourself HERE
Ask AidIT to help at R750 HERE (seperate from NPO registration)