Statistics Act, 1999
R 385
Non-Profit Organisations Act, 1997 (Act No. 71 of 1997)Chapter 3 Registration of Non-Profit Organisations13. Application for Registration |
| 1) | A non-profit organisation applies for registration by submitting to the director — |
[Words preceding Section 13(1)(a) substituted by section 12(a) of the General Laws (Anti-Money Laundering and Combating Terrorism Financing) Amendment Act, 2022 (Act No. 22 of 2022), GG47802, dated 29 December 2022 - effective 1 April 2023 per Proclamation Notice 109(b)(i), GG47805, dated 31 December 2022]
| a) | two copies of its constitution; and |
| b) | such other information as may be required by the director so as to assist the director to determine whether or not the non-profit organisation meets the requirements for registration. |
| 2) | Within two months after receiving an application which complies fully with subsection (1) the director— |
| a) | must consider the application and any further information provided by the applicant; and |
| b) | if satisfied that the applicant complies with the requirements for registration, must register the applicant by entering the applicant’s name in the register. |
| 3) | If, after considering an application, the director is not satisfied that the application complies with the requirements for registration, the director must send the applicant a written notice, giving reasons for the decision and informing the applicant that it has one month from the date of the notice to comply with those requirements. |
| 4) | The period within which compliance must be effected may be extended by the director on good cause shown by the applicant. |
| 5) | If an applicant who has received a notice in terms of subsection (3) complies with the requirements for registration timeously, the director must register the applicant by entering the applicant’s name in the register. |
| 6) | If an applicant who has received a notice in terms of subsection (3) has not complied timeously with the requirements set out in that notice, the director must— |
| a) | refuse to register the applicant; and |
| b) | notify the applicant in writing of the refusal and the reasons for it. |
| (7) | The director may only refuse to register a nonprofit organisation on the grounds that the applicant has not complied with the requirements for registration in section 12 or has not complied with a notice issued in terms of subsection (3), as referred to in subsection (6). |
[Section 13(7) inserted by section 12(b) of the General Laws (Anti-Money Laundering and Combating Terrorism Financing) Amendment Act, 2022 (Act No. 22 of 2022), GG47802, dated 29 December 2022 - effective 1 April 2023 per Proclamation Notice 109(b)(i), GG47805, dated 31 December 2022]
| (8) | A nonprofit organisation that has submitted an application for registration is deemed to be registered unless and until the director has given notice to the applicant in terms of subsection (3) and the process envisaged in subsections (4) to (6) has been completed. |
[Section 13(8) inserted by section 12(b) of the General Laws (Anti-Money Laundering and Combating Terrorism Financing) Amendment Act, 2022 (Act No. 22 of 2022), GG47802, dated 29 December 2022 - effective 1 April 2023 per Proclamation Notice 109(b)(i), GG47805, dated 31 December 2022]
