Articles Of Non Profit Organization are essential founding documents required when establishing a non-profit entity in South Africa. This document is used during the initial registration process with the Companies and Intellectual Property Commission (CIPC) and serves as the organization's constitution throughout its existence. It must comply with Schedule 1 of the Companies Act 71 of 2008 and align with the Non-Profit Organisations Act 71 of 1997. The Articles define the organization's purposes, governance structure, operational procedures, and mechanisms for accountability. They are particularly crucial for obtaining various registrations and certifications, including tax exemption status from SARS, and serve as the primary reference for resolving organizational disputes or questions about governance.
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1. Name and Legal Status: Specifies the organization's name and its registration as a Non-Profit Company under the Companies Act
2. Definitions and Interpretation: Defines key terms used throughout the document and establishes rules for interpretation
3. Purpose and Objectives: States the organization's main purposes, objectives, and activities in line with non-profit requirements
4. Income and Property: Establishes that income and property must be used to promote objectives and cannot be distributed to members
5. Members: Details membership categories, rights, obligations, and procedures for admission and termination
6. Board of Directors: Outlines composition, powers, duties, appointment procedures, and removal of directors
7. Meetings: Procedures for board meetings, general meetings, and annual general meetings
8. Financial Matters: Financial management, banking, accounting records, and annual financial statements
9. Amendments: Procedures for amending the Articles of Association
10. Dissolution: Procedures for dissolution and distribution of assets upon winding up
1. Advisory Board: Include when the organization wants to establish a separate advisory body to provide guidance
2. Branch Organizations: Include when the organization plans to establish multiple branches or chapters
3. International Activities: Include when the organization operates or plans to operate internationally
4. Specific Programs: Include when specific ongoing programs need to be formally established in the Articles
5. Dispute Resolution: Include detailed dispute resolution procedures when standard procedures are insufficient
6. Special Interest Groups: Include when the organization wants to establish formal sub-groups for specific interests or activities
1. Schedule A: Initial Board Members: List of initial board members and their details
2. Schedule B: Membership Categories and Fees: Detailed breakdown of membership categories and associated fee structures
3. Schedule C: Code of Conduct: Detailed code of conduct for members and directors
4. Schedule D: Organizational Structure: Detailed organogram and reporting structures
5. Appendix 1: Forms: Standard forms for membership applications, proxy voting, etc.
6. Appendix 2: Meeting Procedures: Detailed procedures for different types of meetings
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