An entity limited by guarantee is one without share capital. (s. 4 & 7 Companies Act 1, 2012)
Does the NGOs Act and Regulations apply to profit making entities that are contracted by a non-profit entity to implement activities to its beneficiary?
Profit making entities do not fall under the NGOs Act and Regulations. However there are exceptions;
- Where a non-profit making entity contracts a profit making entity to implement its activities and beneficiaries are not charged for its services then the entity falls under the NGOs Act and Regulations.
(s.3. NGOs Act & s.2 NGOs Regulations)
Are there instances were an NGO can engage in profit making activities?
NGOs are not-for-profit making entities however the NGOs Act section 46 provides an exception solely for the purpose of self-sustainability of an NGO.
The Act gives room to the NGO to have a side business to generate income to facilitate its operations.
Profits that are made by an NGO must be used to cover administrative costs and any other costs to carry-out activities
Any remaining profits must be ploughed back into the NGO and not paid out as dividends.
(s.46 NGOs Act)
What operational structures does the NGOs Act 2016 put in place for the effective implementation of the Act?
National Level - National Bureau for NGOs (Board of Directors and its Committees, and Management)
Regional Level -Branch offices of the National Bureau for NGOs
District Level – District Non-Governmental Organization Monitoring Committees (DNMCs)
Sub county level – Sub County Non-Governmental Organization Monitoring Committees (SNMCs)
(Parts - 11, III, IV, V, VI s.5 to 21 NGOs Act)
Does the NGOs Act apply to Faith Based Organizations (FBOs)?
YES it does
The National NGO Policy, 2011 provides for two types of FBOs, those that carryout NGO type activities and FBOs that only carryout spiritual activities.
FBOs that carryout NGO type activities must register with the Bureau and are regulated by the NGOs Act, 2016.
Government is developing a separate policy and law to regulate FBOs engaged in purely spiritual activities and they will be required to abide by the policy and law that regulates them.
(s.3 NGOs Act)
Is an NGO having countrywide operations required to sign a MoU with all the districts where it operates?
NGOs are supposed to sign MoUs with all the districts in which they operate. However this is applicable if they are going to open or have an office in a particular district.
Where an NGO will not open office but has an activity in the district then it does not require a MoU since it is implementing a one-off activity
NGOs that have a series of activities in a district and have partnered with a local organization need not sign a MoU in that district since the local partner will have been deemed to already meet the requirement of signing a MoU with the district.
(s.44(a) NGOs Regulations)
What is the composition of DNMCs?
DNMCs are established in each district in Uganda
DNMCs comprise of; Chief Administrative Officer (CAO), District Community Development Officer (DCDO), District Health Officer (DHO), District Internal Security Officer (DISO), representative of NGOs in the district, District Education Officer (DEO), Secretary for Gender and Community Affairs. The Committee may co-opt technical officers to deal with specific issues. (s.20(2) NGOs Act)
What is the composition of SNMCs?
SNMCs are established in every sub-county in Uganda
SNMCs comprise of; Senior Assistant Secretary also Chairperson of the Committee, Sub county CDO who shall be the Secretary to the Committee, Sub county Health Inspector, Gombolola Internal Security Officer (GISO) and a representative of CSOs in the sub county.(s.21(2) NGOs Act)
What fees are payable for registration of an organization?
Type of Organization
What fees are payable for issuance and renewal of a permit?
Type of organization
CBO, indigenous or regional organizations every year
Continental, foreign or international organizations every year
What other fees are payable under the NGOs (Fees) Regulations, 2017?
Type of organization
Review conditions of a permit
Substitute certificate of registration or permit or any document to register
Certified copy of certificate or permit or any document per copy
Filing annual returns of an organization other than a CBO