Constitutions should not be too detailed. Any changes should be publicised to members and the public [if relevant] and if you have registered your organisation, you will have to inform the bodies with whom you registered. and shall be entitled to attend and vote. where several groups come together to form an umbrella organization). Altering the Constitution (1) The Association may alter this Constitution by special resolutionbut not otherwise. It is extremely helpful to review other nonprofits in your area for suggestions on how to compose your own constitution. Training for attorneys and candidate attorneys in non-profit institutional and legal issues to ensure informed assistance is available to NGOs. ,/�z���N�4��;м? At least 21 clear days' notice shall be posted in … They should not need to be changed often, although they can be changed [amended] if members feel the need to make new agreements about the basic principles of the organisation. Lungi Mathole Sarah Hugow Section A. The Management may pay all expenses incurred in setting up and registering the Organization, and may exercise such powers of the Organization as are not required by this constitution to be exercised by a General Meeting, to achieve the objectives of the Organization. The detailed guide developed by the LRC on constitutions on The law regards these as for-profit organisations. For example you may say " A Chairperson, secretary, treasurer and at least three additional members will be elected as an executive at the AGM" This allows you to change the number and the portfolios on the executive as your needs change, without having to amend your constitution. Community organization may be described as the art and process of discovering social DO HEREBY now agree to form a Community Based organization and solemnly adopt, enact and give to ourselves and our posterity, this constitution of FAMILY HEALTH SUPPORT, this 15 th day of the month of December of the year 2008. Tel: 012 429 6040 You are here: This guide gives an introduction to constitutions for non-governmental organisations (NGOs) and community-based organisations (CBOs). When there is tension or conflict in the organisation, the constitution guides members about how it should be dealt with in relation to key matters like accountability and finances. Only the main structures and their functions should be covered, as you may want to change parts of the structure from time to time. This organization will use the name or its acronym, XXXX, in all publicity materials and correspondence. Tel: 011 403 7746 If your organisation is formed as a co-operative or income-generating project, you should contact the Legal Resources Centre (details provided below) for advice on where you can go for help. Guide to the Nonprofit Organisations Act  |  Sample constitution for small voluntary organisations Page 4 8 Annual General Meeting (a) The Group shall hold an Annual General Meeting (A.G.M.) Assistance to NPOs to register with other public offices, such as the Receiver of Revenue for tax or VAT purposes. Pretoria They should not change regularly. It should contain all the key agreements made by members on how the organisation will work. 6. Tel: 018 381 4901 There are, however, different types of NPOs. SANGOCO has produced an introductory guide on how to set up a non-profit organisation. Fax: 031 306 2261, North West They exist for the benefit of the general public or specific sections of the public. the constitution and rules and regulations of the network. It is a major decision to change a constitution and the existing constitution should say when and how it may be done. Kopano Molefe Within community-based organizations (CBOs), there are many variations in terms of size and organizational structure. In South Africa different types of organisations need to have different types of constitutions or founding documents. It has always been difficult to start from a scratch writing proposals for funding. Fax: 056 215 2316, Gauteng The Education and Training Unit would like to thank LRC for making their material available. This guide gives an introduction to constitutions for non-governmental organisations (NGOs) and community-based organisations (CBOs). By contacting such nonprofits, you can introduce yourself as a representative of a similar organization and request to see a copy of their constitution. document the term NGO is primarily used for organizations other than charitable organizations. These organisations are regarded as for-profit type organisations and will not fall under the NPO Act. Legal structures commonly used by non-profit organisations, A model constitution for a voluntary association with explanatory guidelines, Contact details of those who can offer further assistance, LRC guide on Legal structures commonly used by non-profit organisations, Different kinds of organisations are covered by different laws, Different types of non-profit organisations, Decisions to be made before drawing up a constitution or founding document. Model Constitution for a Community Based Organisation Page 3 as a Water Services Provider Version 1 (April 2001) 6.9.3 if he or she is unfit and/or incapable of acting in a way that is necessary to fulfil his or her functions in a reasonable manner ; 6.9.4 if he or she … and participation of community-based organizations in the LMS. Any profit that is produced is used by the organisation to make a greater impact in terms of their public purpose. It should not contain names or other specific details that will change as the organisation develops. When an organisation is going to close, for whatever reason, the constitution indicates how this should be done and what should happen to the resources of the organisation. |   Conflict management This is a Community Based Organization (CBO) that will mobilize community members towards economic empowerment. The Application form MUST be accompanied by the CBOs BY-LAWS/ RULES/ CONSTITUTION. The Application form MUST be accompanied by a Memorandum of Understanding (MOU) where CBO is formed through amalgamation (i.e. Fax: 021 706 0765, Eastern Cape Non-governmental organisations (NGOs) are organisations that are not part of government. Baba Michael Jordaan Because co-ops are formed to produce profits for the members, they do not fall under the NPO Act. Legal structures commonly used by non-profit organisations will be very relevant to those who wish to register their organisation as a non-profit organisation - that is either a Voluntary Association, a Trust or a Section 21 Company. 2 Constitution of the Namibian Association of Community-based Natural Resource Management (CBNRM) Support Organisations (NACSO) The Namibian Association of Community-based Natural Resource Management Support Organisations (NACSO) consists of a partnership of institutions, both government and NGO (including parastatal, community, business and other sectors), that closely Details of how to contact each of these offices are provided at the end of the LRC guide on Legal structures commonly used by non-profit organisations. When you start an organisation, the process of developing a constitution helps members to develop clear agreements about the purpose of the organisation and how it will work. There is not much competi… Tel 027 712 3011 The three main types of non-profit organisations are: See the LRC guide on Legal structures commonly used by non-profit organisations for guidelines on the differences between these types of non-profit organisations and on what their founding documents should cover. INTRODUCTION Community-based organizations (CBOs) are not for profit, organizations on a local and national level, facilitating community efforts for community development. 7. It is a legal document. your constitution will depend on what type of legal structure your organisation has and what law it falls under. Feel free to diverge from it as it suits the needs of your organization. Planning   |   Understanding Let them know you are looking for a constitution to study so you can create your own. Fax: 011 403 8703, Western Cape When the organisation is up and running, the constitution is used by people inside and outside the organisation who want to understand the organisation's purpose, how it is governed and their responsibilities and rights. They should only record basic and long-term facts about the organisation that you will not need to change often. Fax: 043 743 2656, Northern Cape Fax: 012 429 2316, KwaZulu Natal Organisations that exist to help communities develop income-generating projects would, however, usually be NPOs. Community organization is a process which dealing with the welfare of individuals or groups to meet their needs. This will be done by rendering Before an organisation draws up a constitution, the members must make decisions about the following things: Your decisions in each of these three areas will affect what kind of constitution you need. Lobbying, together with the South African NGO Coalition (SANGOCO) and other organisations, for a more favourable tax situation for NGOs. Pay Approved Registration fee of Ksh.5, 000/=. In this way, your constitution guides its members on how the organisation will function. constitution and other rules and regulations made herein under. Organisation and Community Based Organisation 3 Civil Society Organisation Act (3) A Civil Society Organisation is non-political, performing its functions in a neutral and impartial manner. Constitution. (2) If the Constitution is altered, the public officer must ensure compliance with section 23 of Anything Community Group Constitution 1) NAME The name of the group shall be the Anything Community Group, hereafter referred to as the Group. Section 2: Each member association shall have to fill a membership application form provided by the network and shall be represented by an individual at general assemblies of the network. See the LRC guides for more details on the legal requirements for different types of NPOs. Constitutions play a key role at different times in the organisation's life: The legal word for constitutions is "founding document". The secretary in conjunction with all other officers shall then decide on the date of a meeting to discuss such proposals, giving at least four weeks (28 days) clear notice. 5. COMMUNITY ASSOCIATION 1. 24(4): 749-753. Tel: 08000 37 007 (free help line of the Department of Trade and Industry, Ntsika The definition of non-profit organisation (NPO) covers all organisations that do not exist to make profits for owners or members. Help for NPOs to sort out problems related to legal and administrative frameworks. NAME. Sarhad J. Agric. The official name for this organization is the _____. The purpose of this organization shall be: to share the gospel of Jesus Christ to a world lost in sin and to edify Christians through the teaching of God's Word; to engage in such religious, educational, charitable, and benevolent work as the Constitution and By-laws of this organization may determine; It should tell you the following: The constitution or founding documents should be clear and simple so that members understand their rights and responsibilities, leaders understand their mandate and how to be accountable and members of the public understand why the organisation exists and how it operates. We hereby establish an Organization to be known as COMUNITY ACTION FOR HEALTH & DEVELOPMENT{CAHED,} herein after referred to as the Organization 1. Organization and shall be in charge of the Organization’s affairs. Co-operatives (co-ops) are not NPOs and do not fall under the NPO Act. National Office A constitution is a document that provides the rules on how an organization of people (e.g., a small club, a university group, or even a group as large as a country or state) runs its affairs. 8. Model Constitution for a Voluntary Association ... Service for approval as a Public Benefit Organisation in terms of section 30 of the Income Tax Act. an organisation >> Constitutions for Non-Profit Organisations. 1.5 The abbreviation ‘KCDC” shall be the accepted abbreviation of the Organisation’s name and shall be accepted as a name. (b) All members shall be given at least fourteen days’ notice of the A.G.M. for CBO development 1. It is a record of agreements on the basic principles of the organisation and is legally binding on all members. Legal structures commonly used    When members have developed the constitution, they can use it to register as a non-profit organisation. This guide on Constitutions is only relevant to organisations that are both non-profit and non-governmental. Marci Manong Fax: 015 295 3541, Free State The objectives you include should be relevant to the long-term goal and purpose of the organisation. The three most basic types of non-profit organisations are: The LRC guide on Legal structures commonly used by non-profit organisations will help you to understand. Providing an information service to NPOs on good governance, legal and administrative policy and practice issues. The majority of the information provided in the guidelines on Constitutions above comes from the Legal Resources Centre (LRC). With the improvement in communications, more locally-based groups, referred to as grass-roots organizations or community based organizations, have become active at the national or even the global level. permission from ETU, Important things to know about Constitutions. Step 3 - Draft a Constitution that sets out your objectives and the rules to govern your community based organisation Step 4 - Send the draft Constitution to the Registrar of Companies to check Step 5 - Complete a registration form Step 6 - Hold a meeting to discuss the draft Constitution, make ˜nal changes and for trustees to sign This guide will not be relevant to co-ops. They were written and produced by the Legal resources Centre [LRC]. Ideally, these entities will be in your same county and state. A community based organization (CBO) is a registered non-governmental, non-profit and non-political organization. They exist to serve some public purpose rather than just serving the personal interests of the owners or members of the organisation. The difference between non-profit and for-profit organisations; The basic issues of the Non-Profit Organisations Act and the benefits of registering under the Act; Each type of non-profit organisation, what kinds of organisations each type of legal structure is most useful for and the advantages and disadvantages of each type; What structures and laws apply to each type; How to form an organisation of each type; Organisations that do not fit the definition of a Non-Profit Organisation in the NPO Act are not allowed to register under the Act. ��'�'����D,_���g��c����Q���F���yO;��/�XT They should not, for example, include specific objectives that are only relevant for a short part of the organisation's life span. Contact the Legal Resources Centre Office nearest to you for advice if you need it. If you need to register you organisation, the laws will tell you what kind of founding documents you will need in order to register the organisation. Sample constitution. It also helps ensure solutions are appropriate to the purpose of the organisation. Penny Dlamini PURPOSE In law it is called the "founding document" and it is legally binding on the executive and members of the organisation. This is a wide group of organisations, from large charitable NGOs like Child Welfare to small community organisations like sports clubs or civics. annual general meetings and other meetings, elections and appointments for the different structures of the organisation, how the organisation is governed and how decisions are made. NAME ... Each member organisation as set out in Clause 4 (a) (iii) and (iv) above and each Section ... after the adoption of this constitution and thereafter the holding of the preceding Annual General Meeting. This also contains advice specific to the different types of NPOs. Most NPOs have to rely on grants and donations from fundraising because NPOs usually serve sections of the community that could not afford to pay the full cost of the service. It is written for organisations that aim to make a contribution to society and organisations that are not set up to make a profit (non-profit organisations). The constitution of digg a community based organisation. 2) OBJECTS The objects of the Group shall be: to improve the area known as Anytown for the benefit of the inhabitants of the area; to encourage the goodwill and involvement of the wider community; These are the by-laws and constitution governing DIGG-a community based organisation in Uganda Tel: 017 683 0974 For a full explanation of what a non-profit organisation is and what different structures can be used, see the LRC guide on Legal structures commonly used by non-profit organisations. This could, technically, cover private companies but, in practice, when we refer to NGOs in South Africa, we mean only those non-governmental organisations that are non-profit as well. The guide is also useful for NGOs and community organisations that do not wish to register but would like a constitution that is clear and useful to members. A typical constitution addresses all aspects of the organization, purpose, functions, persons in charge and members. A co-op has the potential to operate democratically in that the members may work for themselves and decide together how to run the co-op and how to share the profits fairly." Section B. The constitution is the key founding document of an organisation. 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