Non-Profit
Organisations (Prescribed NPOs – Additional Obligations) (Jersey) Order 2022
1 Interpretation
For the purposes of
Article 13A of the Non-Profit Organizations
(Jersey) Law 2008, a prescribed NPO is an NPO that, during the
preceding 12 months, has –
(a) raised funds exceeding £1,000
from outside Jersey, Guernsey, the Isle of Man, England and Wales and Scotland;
or
(b) disbursed funds exceeding
£1,000 outside those jurisdictions.
2 Obligation to prepare annual
financial statement
(1) A
prescribed NPO must prepare annually a financial statement for a period of not
more than 12 months.
(2) The
period –
(a) must begin on or before
the date the NPO became a prescribed NPO; but
(b) if the NPO has previously
prepared a financial statement under paragraph (1), must begin at the end
of the period covered by its most recent financial statement.
(3) The
financial statement must be in a form published or approved for the purpose by
the Commission.
(4) A
prescribed NPO must provide a financial statement prepared under paragraph (1)
to the Commission if required to do so by the Commission.
3 Obligation to have
appropriate accounting systems and controls
A prescribed NPO must have in place appropriate accounting systems and controls to
ensure that its funds are fully accounted for.
4 Obligation
to keep records of owners, controllers etc.
(1) A
prescribed NPO must keep records that are sufficient to
identify –
(a) any person who owns the
NPO or controls or directs the NPO’s activities, including as appropriate a senior
officer, board member, director or trustee;
(b) any
other person who exercises, or has the right to exercise, significant influence
or control over the activities of the NPO.
(2) A
prescribed NPO must retain the records kept under paragraph (1) for at
least 5 years.
5 Obligation
to keep record of significant donors
(1) A
prescribed NPO must keep a record of significant donors.
(2) A
“significant donor” means a person who, during the preceding 12 months,
donated to the prescribed NPO (as a single donation or cumulatively) –
(a) £10,000 or above; or
(b) over 50% of total
donations made to the prescribed NPO during that period.
(3) A
prescribed NPO must retain the record kept under paragraph (1) for at
least 5 years.
6 Obligations
in relation to associate NPOs and beneficiaries
(1) A
prescribed NPO must take reasonable steps to –
(a) identify its associate
NPOs and beneficiaries;
(b) obtain information about –
(i) the activities of each associate NPO and beneficiary,
and
(ii) the
nature and purpose of its relationship with each associate NPO and beneficiary;
and
(c) confirm, so far as
possible, that its associate NPOs and beneficiaries are not assisting or being
used to assist terrorism or the financing of terrorism.
(2) In
this Article –
“associate NPO” means an NPO with which the
prescribed NPO collaborates or works jointly in carrying out its activities;
“beneficiary” means a
person who receives assistance through the activities of the prescribed NPO.
7 Citation and
commencement
This Order may be cited as the Non-Profit Organisations (Prescribed
NPOs – Additional Obligations) (Jersey) Order 2022 and comes into force immediately after the Non-Profit Organisations (Miscellaneous
Amendments) (Jersey) Law 2022
comes into force.