Bermuda Consolidated Legislation

 

BERMUDA STATUTORY INSTRUMENT

BR 39/1980

REGISTRATION OF CHARITIES REGULATIONS 1980

[made under section 9 of the Charities Act 1978 [title 13 item 10] and brought into operation on 6 June 1980]

ARRANGEMENT OF REGULATIONS

1 Citation

2 Interpretation

3 Application for registra tion

4 Amendment of particulars

5 Register of charitable or ganizations

6 Accounts

SCHEDULE

Citation

1 These Regulations may be cited as the Registration of Charities Regulations 1980.

Interpretation

2 In these Regulations —

"the Act" means the Charities Act 1978 [title 13 item 10];

"the Commissioners" means the Charity Commissioners for Bermuda constituted by the Act;

"the Registrar" means the Registrar General;

"the Register" means the register of charitable organizations maintained under the Act.

Application for registration

3 (1) Every application made by a charitable organization to the Registrar for registration under section 4 of the Act shall be in the Form of the Schedule hereto.

(2) Every such application shall include full particulars of the following matters relating to the charitable organization concerned—

(a) the name, title, address and telephone number of each of its principal officers;

(b) the main purposes of the organization;

(c) the nature of all fund-raising activities which it proposes to undertake in Bermuda;

(d) the purposes for which the proceeds of any such fund-raising activities are intended to be applied;

(e) the date of the end of its financial year; and

(f) the date of the initial foundation of the organization.

(3) Every such application shall have annexed thereto a legible copy of the constitution, rules, by-laws or any other document regulating the conduct of the charitable organization concerned.

(4) Every such application shall be signed by a principal officer of the charitable organization concerned.

Amendment of particulars

4 Where a charitable organization has been registered under sec tion 4 of the Act and, subsequent to such registration, any of its partic ulars furnished under regulation 3 have since become altered in any material respect, the secretary or other person having custody of the records of that organization shall notify that alteration within thirty days of having it come to his attention, by writing addressed to —

(a) the Registrar; and

(b) the Chairman of the Commissioners.

Register of charitable organizations

5 (1) Upon the registration of a charitable organization pursuant to section 4 of the Act the Registrar shall enter upon the Register —

(a) the name and address of the charitable organization;

(b) the names and addresses of its principal officers;

(c) the nature of all fund-raising activities which it proposes to undertake; and

(d) the date of its registration and shall give written notice of registration to the applicant.

(2) Upon receipt of notification of the alteration of any particu lars relating to a registered charitable organization submitted under reg ulation 4, the Registrar shall amend the Register as appropriate in re spect of any of the particulars specified in paragraph (1) which are af fected by the alteration.

Accounts

6 The accounts of every registered charitable organization main tained under section 8 of the Act shall include in respect of each finan cial year —

(a) an account showing details of all the income and expen diture of the organization; and

(b) a balance sheet sufficient to set out a true and correct statement of the financial position of the organization as of the last day thereof,

and a copy thereof shall be furnished to the Registrar as required by section 8 of the Act.

SCHEDULE (Regulation 3)

THE CHARITIES ACT 1978

(Title 13, item 10, Revised Laws of Bermuda)

Application for Registration

TO: The Charity Commissioners for Bermuda

I, the undersigned, being duly authorized to do so, hereby make applica tion Pursuant to section 4 of the charities Act 1978 for the registration of a charitable organization particulars of which are as follows:—

1 Name of Organization: [blank]

2 Address of Organization: [blank]

3 Name, address and telephone number of each principal officer:

(1) [blank]

(2) [blank]

(3) [blank]

(4) [blank]

4 Main purposes of Organization:

[blank]

5 Nature of all fund-raising activities proposed:

[blank]

6 Purposes for which proceeds of fund-raising will be applied:

[blank]

7 The financial year of the Organization ends on the [blank] day of (month)

8 The initial date of foundation of the Organization was the [blank] day of [blank], 19 [blank].

My attention has been drawn to section 8 of the Charities Act 1978 which obliges the treasurer or other person having supervision of the ac counts of a registered charitable organization to submit a true copy of those accounts to the Registrar General within six months of the end of each financial year, and in the event of failure to do so, empowers the Commissioners to cancel the registration of the organization in default.

I hereby certify that the aforesaid particulars are true and correct to the best of my knowledge and belief.

Date [blank]

Signed [blank]

(Title with Organization) [blank].