Charitable Association in Vanuatu are established for the benefits of the community. Such associations must be set up for “charitable purposes”. These include the following purposes:
- Religious
- Educational
- Cultural
- Scientific
- Sports
- General social welfare or
- Another non-profit purpose declared by Minister.
In order to obtain the status of a corporate body and thus obtain all the rights and privileges attached to the status of a legal entity. An association must have its committee incorporated by the Vanuatu Financial Service Commission (VFSC).
Incorporating committees provides charities with many of the same benefits enjoyed by companies. In particular, when a committee is incorporated.
The committee may:
- Hold assets (e.g. equipment or land).
- Hold and incur liabilities.
- Enter into contracts (subject to certain restrictions).
Incorporation process for Charitable Association in Vanuatu
Incorporating a charitable Association with the VFSC is a fairly simple and straight forward process. In addition, it can even be done online on the VFSC website. In order to do it, the prescribed form should be used and you must provide the following information:
- The name of the committee.
- The names, addresses and occupations of the committee members.
- The registered office of the committee.
- The objects of the association.
- Certified copy of the articles, rules, constitution of association, and a statement of assets and liabilities.
IMPORTANT
A charitable association is considered as a reporting entity by the Vanuatu Financial Intelligence Unit. As such, it should comply with all the requirements of the Anti-Money Laundering and Counter-Terrorism Financing Act of 2018.
In particular, all members of the Association will be required to submit to the VFIU a set of notarised key identification documents.
For more information contact us or the VFIU directly.
Legal obligations for Charitable Associations
Governance
The only requirement pertaining to governance for an association to be incorporated is to have a minimum of six members.
Registered office
A committee incorporated shall have a registered office at which any legal process may be served.
Reporting obligations
Annual reports
A committee must provide to the registrar a report in the prescribed form on the operations of the Committee. The report must be provided within 3 months after the anniversary of the creation of the committee.
An annual report filling fee should be paid upon submission of the annual report.
The annual report outlines the activities and other details of the charitable association over the previous 12 months. It also includes details on whether it had operations only in Vanuatu, or in Vanuatu and other countries. In addition, if it undertook activities in all or any of the following sectors:
- Religious.
- Educational.
- Cultural.
- Scientific.
- Sports.
- General social welfare and community development.
- Political Party.
- Financial details, including income and expenses.
On the request of the Registrar, additional documents may be requested justifying the above details.
Reports in case of changes
A committee must give the registrar written notice of a change in any or all of the following within 30 days after the change occurs:
- The registered office of the committee;
- the articles, rules or constitution of the association;
- A key person;
- The circumstances of a key person that may affect whether he or she meets fit and proper criteria;
- The rules or policies relating to the source of funds of the committee.
Specific reporting: in case of transfer of lands
A committee incorporated hereunder shall lodge with the Minister not less than 15 days before the transfer, details of any transfer of any interest in land that it intends to make.
Sanctions
The law foresee a number of sanctions in case on non-respects of the provisions and requirements mentioned above.
These sanctions can range from removal of the Association from the register to financial fines.
Fees & Fines
You want to create your Charitable Association in Vanuatu?
More information
For more information about the process, you can download our Charitable Association Vanuatu Brochure.
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