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Fund-raising Act, 1978 (Act No. 107 of 1978)

Regulations

Regulations made under the Fundraising Act, 1978

9. Agreement to Collect Contributions for a Remuneration

 

(1) The agreement referred to in section 7(3) of the Act shall—
(a) contain the names and addresses of the parties to the agreement;
(b) specify the objects for and the manner in which and the period during and the area in which contributions will be collected in terms thereof;
(c) fully set out the conditions on which the contracting party is to be remunerated;
(d) contain an undertaking to the effect that the contracting party shall—
(i) open and keep a separate account with a banking institution in the Republic in which he shall forthwith deposit all moneys, including anything that can be exchanged or converted into money, collected or received by him for or on behalf of the fund-raising organisation, registered branch or holder referred to in the agreement;
(ii) in one of the official languages, keep a complete record of all the moneys received and expended by him and of all the financial transactions entered into by him in connection with the raising of funds in terms of the agreement;
(iii) furnish the fund-raising organisation, registered branch or holder referred to in the agreement, on or before the date specified in the agreement, with the financial statements as contemplated in section 12(1) of the Act which have been audited by an accountant and auditor registered in terms of the Public Accountants' and Auditors' Act, 1951 (Act 51 of 1951);
(iv) submit, for inspection, to the fund-raising organisation, registered branch or holder referred to in the agreement at its written request any records kept by him in terms of the undertaking referred to in subparagraph (ii).

 

(2) Any person collecting contributions by virtue of a special permission or for or on behalf of any person to whom a special permission has been granted shall, on a request being made to him in terms of section 7(5) of the Act, furnish the person or persons contemplated in the said section, verbally or, if requested to do so, in writing, with the conditions referred to in subregulation (1)(c) which are applicable to the collection of contributions under such special permission.