Non-Profit Organisations Act, 2012

Summary

This Act establishes a registration, supervision and monitoring regime for non-profit organisations (NPOs) operating in the Virgin Islands, primarily aimed at preventing misuse of the sector for money laundering or terrorist financing. It creates a Non-Profit Organisation Registration Board and designates the Financial Investigation Agency as the supervisory body, and sets out registration, record-keeping, reporting and penalty rules for NPOs.

• Registration requirement: Any person operating a non-profit organisation in the Virgin Islands must register it with the Board through the Registrar; operating unregistered is an offence.
• Application process: Applications must use the prescribed form, include constitutional documents, a statement of purpose/objectives/activities, and the prescribed fee; the Board must decide within thirty working days.
• Certificate duration and renewal: A certificate of registration is valid for one year and must be renewed; renewal applications must be made no later than one month after expiry, and the organisation may keep operating while renewal is pending.
• Ongoing obligations: Registered organisations must notify the Board of changes to their registration information, maintain records, and keep accounts.
• Supervision powers: The Financial Investigation Agency (the Agency) has power to enter premises, inspect records, institute inquiries, and require explanations; giving inaccurate or misleading information, or withholding information, is prohibited.
• Deregistration: The Board must or may deregister organisations for breaches of the Act, cessation of activity, failure to renew for two consecutive years, or public interest/AML-CFT concerns, subject to a written notice and opportunity to show cause.
• Administrative penalties: Breaches of specific sections (failure to comply with inquiry notices, supplying misleading information, failure to notify changes, failure to maintain records) attract administrative fines ranging from $1,000 to $20,000 as set out in Schedule 3.
• Offences: Operating an unregistered NPO is an offence punishable by a fine up to $10,000 or up to six months imprisonment; knowingly providing false information on registration is an offence punishable by a $5,000 fine or up to one year imprisonment.

The Act also fixes registration and renewal fees (Schedule 2) and allows an organisation to appeal a Board decision refusing or revoking registration to the Minister. Commencement is not automatic: the Act takes effect only on a date the Governor appoints by Proclamation in the Gazette, so its current in-force status should be checked separately.

Key obligations

• A person must not operate a non-profit organisation in the Virgin Islands unless it is registered under the Act.
• Applications for registration must be submitted through the Registrar using the Schedule 1 form, accompanied by constitutional documents, a statement of purpose/objectives/activities, and the prescribed Schedule 2 fee.
• An application for renewal of a certificate of registration must be made no later than one month after the certificate expires.
• Registered organisations must notify the Board of any changes to their registration information (section 22).
• Registered organisations must maintain records as required under the Act (section 23).
• Registered organisations must keep accounts (section 24).
• Organisations must comply with notices issued by the Agency in connection with inquiries and must provide accurate explanations of records produced.
• Organisations must not supply inaccurate or misleading information, or withhold information, from the Board, Registrar or Agency.
• An organisation appealing a Board decision to refuse or revoke registration must do so within twenty-one days of receipt of the notice of decision.

Applies to

non-profit organisations, Non-Profit Organisation Registration Board, Registrar of non-profit organisations, Financial Investigation Agency

Deadlines

• within thirty working days from the date of receipt of an application: Board must approve or otherwise determine a registration application
• one year from the date of issue: Validity period of a certificate of registration
• no later than one month after the certificate expires: Deadline to apply for renewal of a certificate of registration
• within twenty-one days of receipt of notice of the decision: Deadline for an organisation to appeal a Board decision to the Minister
• not less than thirty days after the date of the notice: Minimum notice period before the Board may deregister an organisation
• fourteen days after receipt of the request from the Minister: Deadline for the Leader of the Opposition to submit a Board nominee
• failure to renew for at least two consecutive years: Triggers automatic deregistration under section 15(2)
• on a date the Governor may appoint by Proclamation published in the Gazette: Commencement date of the Act