VOLUNTARY ORGANISATIONS ACT

VOLUNTARY ORGANISATIONS

CHAPTER 492

VOLUNTARY ORGANISATIONS ACT

To regulate voluntary organisations and their administration.

11th December, 2007

ACT XXII of 2007, as amended by Legal Notices 427 of 2007 and 177 of

2012; and by Act VII of 2015 , XXXI of 2018 , XXXVI of 2018, and XVI of

2019 and XXXIX of 2020.

PART I

PRELIMINARY

The short title of this Act is the Voluntary Organisations

Act.

(Articles 2 and 38)

Rules, Principles and Guidelines on the Non-Profit Making

requisite as used in this Act

The principle purpose of this Schedule is to ensure that any

material private interest in any voluntary organisation is avoided in

view of the public support and trust vested in such organisations on

the basis of their non-profit making qualities.

I.

Applicability

1. The following paragraphs shall apply specifically to the

interpretation and application of the provisions of this Act and in

particular to enrolled voluntary organisations for as long as they

remain enrolled and shall be applied as rules in order to ensure a high

level of observance in both form and substance by all enrolled

voluntary organisations.

2. They shall apply as principles in relation to non-enrolled

voluntary organisations.

3. They shall also apply to the interpretation of the

provisions of other laws, where such other laws adopt the concept of

non-profit making for the purposes and in terms of these provisions,

and may apply to non-profit organisations, which, for any reason, do

not qualify as voluntary organisations under this Act, political

organisations, or religious organisations

Provided that, in such cases, these paragraphs shall only

operate as non-binding guidelines.

II.

Definition

4. An organisation shall be considered to be non-profit

making when

(a)

the statute of the organisation contains an

express provision which excludes the purpose to make profit;

and

(b)

the purposes of the organisation do not include

the promotion of private interests; and

(c)

the purposes of the organisation include any of

the purposes established and permitted under

(i) article 32(8) and (10) of the Second

Schedule to the Civil Code;

(ii)

article

of

this

Act

governing

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permissible trading activities, where such activities are

carried out to obtain the principal purpose and objectives

of the organisation;

(iii)

this Schedule; and

(d)

except as permitted under this Schedule or the

Second Schedule to the Civil Code, no part of the income,

capital or property is available directly or indirectly to

(i)

any administrator; or

(ii) any promoter, founder, member, donor

or beneficiary; or

(iii)

any other private interest

Provided that such income, capital, property, or part

thereof is administered solely in order to obtain the purpose

and objectives for which the organisation was established.

5. If an administrator, promoter, founder, member, donor or

beneficiary is -

(a)

another enrolled voluntary organisation; or

(b)

a pious foundation, an ecclesiastical entity or a

person representing the same; or

(c)

the Government or an organisation controlled by

the Government or a person representing the same; or

(d)

the Voluntary Organisations Fund; or

(e)

a political party as defined in the Financing of

Political Parties Act (Cap. 544),

the limitation in paragraph 4(d) shall not apply provided the

availability of such income, capital or property is subject to

conditions, which are consistent with the general purposes and

objectives of the grantor organisation.

6. (1)

An endowment of property of a voluntary

organisation with reversion rights or assets in favour of the donor,

may only be accepted by a voluntary organisation if the donor agrees

to compensate the voluntary organisation for any costs incurred by

the organisation, except for costs attributed to ordinary wear and tear,

for any enhancements made to the property and which have not

accrued in full to the organisation during the period of enjoyment.

Such compensation shall be made by the donor in accordance with

the principles agreed to between the parties.

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(2) In the case of a reversion of assets endowed to a

voluntary organisation under a temporary title, any administrator,

partner, promoter, founder, member, donor or any member of his

family may not realise a gain. Such prohibition shall also apply to

shares or other interests of organisations only where the increase in

value of such shares or interests, as reverting, is directly attributable

to contributions or expenditures made by the voluntary organisation

Provided that the above prohibition shall not apply if

enjoyment rights of the voluntary organisation arise under a

temporary title, which is onerous, including a lease, and is reasonably

in accordance with standard market levels or market conditions

established in terms of these provisions.

(3) If the reversion of assets, not being shares or other

interests, in favour of the donor has increased in value due to a direct

expenditure by the voluntary organisation, the donor shall be obliged

to refund the voluntary organisation the costs incurred by the

voluntary organisation, regard being had to depreciation for ordinary

wear and tear, where applicable

Provided that this shall not apply if the donor is a public

benefit organisation as defined in the Second Schedule to the Civil

Code.

(4) When such reversion takes place, it shall be notified to

the Commissioner. Such notification shall be accompanied by an

auditor’s report on costs incurred, wear and tear and gains received

on reversion, irrespective of the value involved, and the

Commissioner shall have all powers to order such refunds as deemed

necessary, in order to ensure that no abuse takes place owing to or

resulting from such transactions. Such order shall be subject to appeal

under article 25 of the Act.

7. An organisation shall continue to be deemed as non-

profit making notwithstanding that

(a)

it obtains a pecuniary gain from its activities

when such gain is not received or accredited to its members,

but is intended exclusively for the achievement of the purposes

and objectives of the organisation as provided in its statute;

(b)

it buys or sells or is otherwise involved in

trading activities of goods or services where such activities are

carried out exclusively to fulfil its principal purposes and

objectives in accordance with article 38 of the Act;

(c)

it is established for the general entertainment,

hobbies, education or other similar benefits to its members; or

(d)

it is established for the promotion of the social

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role, ethics, education and professional values exercised by its

members, provided it does not promote the private interests of

its members or private individuals.

III.

Permissible Private Benefit

8. It shall be permissible for a voluntary organisation to

have within its objects or powers the grant of limited or ancillary

private benefit to identifiable persons or classes of persons provided

that the object or power comply with the following conditions

(a)

the purposes for which it has been established,

may, immediately or following the lapse of time or the

fulfilment of a condition, be achieved notwithstanding the

private benefit;

(b)

the funds available for use under such object or

power are not raised through a public collection, a grant or

from the general public but are raised only from the founder,

or organisations controlled by him, as a condition for the initial

or any additional endowment; and

(c)

the Commissioner approves the particular

private benefit in writing and under such conditions, as he

considers appropriate to safeguard the primacy and identity of

the purpose of the organisation, which is not private

Provided that until such time as the Commissioner

approves such private benefit as aforesaid, the organisation shall not

be obliged to enrol nor shall it be eligible for enrolment, or where

already enrolled, to maintain its enrolment but in such cases, the

organisation shall be prohibited from carrying out any of the

activities in article 12B(1)(a) to (d) of this Act.

9. The reservation by the founder of any right over the

assets of the voluntary organisation shall not prejudice the non-profit

making status of the organisation.

IV.

Meaning of Private Benefit

10. The term "private benefit" means a benefit other than

that which qualifies as a social or public benefit, indirectly attributed

to an administrator of the organisation, and if the statute so

determines, shall also include a donor, founder or promoter, a

member of the organisation, a beneficiary or a volunteer of money,

goods, services or property

Provided that such private benefit is limited and is only

ancillary or incidental to the principal purpose and objectives of the

organisation

Provided further that such benefit may be created for a

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lawful purpose within the meaning of these provisions.

V.

Principles on Remuneration

A.

Donors, Founders, Promoters, Members, Volunteers

11. Subject to the provisions of paragraph 8 of this

Schedule, any donor, founder, promoter, member, or volunteer may

receive remuneration from the organisation when he is engaged or is

an employee of the organisation under a written contract or when he

is the provider of any goods or services to the organisation

Provided that such remuneration

(a)

is strictly attributable to those functions being

the subject of the written contract or to the governing

provisions relating to goods or services rendered to the

organisation;

(b)

is not substantial and is in accordance with

market levels and market conditions established in terms of

these provisions, and in any case, is of material irrelevance

when compared to the overall income and expenditure of the

organisation;

(c)

is not as such as to prejudice the achievement of

the purposes and objectives of the organisation or its

sustainability;

(d)

is in any case, subject to the annual accounts and

annual returns submitted by the organisation, in terms of the

Voluntary Organisations (Annual Accounts and Annual

Returns) Regulations (S.L. 492.02); and

(e)

is recorded in sufficient detail in the minutes of

the administrators during the general meeting and in the case

of an investigation subject to any complaint on such matters,

such minutes shall be submitted to the Commissioner, upon his

request in writing, or to the Court, as the case may be.

B.

Administrators

12. (1)

Subject to the provisions of paragraph 8 of this

Schedule and any express prohibition in the statute of a voluntary

organisation, an administrator may solely receive remuneration from

the organisation when he is engaged or is an employee of the

organisation under a written contract which, in any case, does not

prejudice the achievement of the principal and sustainable purpose

and objectives of the organisation.

(2) An organisation may reimburse the administrator of any

costs incurred by him, if directly related to his work as administrator

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of the organisation. The same rules shall apply to any fundraising

officers or employees.

13. Any voluntary organisation shall not

(a)

grant an administrator remuneration which is

higher than standard market levels or market conditions

established in terms of these provisions, unless the

Commissioner may deem necessary in the circumstance or is

otherwise satisfied that the administrator has specific skills

which meet the needs of the organisation, in which case,

remuneration may exceed such market conditions or market

levels as provided in guidelines issued by the Commissioner,

according to his discretion, or as otherwise approved by him;

(b)

remunerate any person, whether an employee or

otherwise, with a salary, wage or a fee, which is higher than

market levels, unless the Commissioner is satisfied that in that

particular case specific conditions apply;

(c)

pay interest or other remuneration on loans,

credit or financial instruments capable of economic evaluation

raised or acquired from organisations which are not licensed,

or financial institutions, other than in accordance with market

conditions; or

(d)

pay a price for any property acquired which is

higher than the established market price for such property,

notwithstanding any special discounts, sales or other special

arrangements.

VI.

Expenses

14. Any administrator, donor, promoter, founder, member,

volunteer, or any other person supporting the purposes and objectives

of the organisation may receive a reasonable refund for expenses

incurred by him on behalf of the organisation.

VII.

Principles regarding shares and other interests

15. When shares in a company are endowed to a voluntary

organisation to support the purposes, income or capital of the

voluntary organisation, the administrators may accept and hold the

same provided that such shareholding is in the interest of the

organisation. Such shareholding shall also be declared and recorded

in the annual returns and balance sheet in terms of the Voluntary

Organisations (Annual Accounts and Annual Returns) Regulations

(S.L. 492.02) and shall be accompanied by an annual report, both of

which shall be submitted to the Commissioner.

16. (1)

The acceptance and enjoyment by a voluntary

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organisation of an endowment of shares or other interests or of other

property held by another organisation which -

(a)

does not have the same purposes or uses which

are consistent with the recipient organisation’s purposes; or

(b)

is profit-making,

shall not affect the purpose of the recipient voluntary organisation

nor its non-profit making status for the purposes of this Act

Provided that such endowment shall not result in any

undue risk to the other assets of the voluntary organisation nor shall it

hinder the voluntary organisation in the achievement of its purposes

and objectives

Provided further that the following criteria and

conditions shall apply

(a)

the grantor organisation of which shares,

interests or the value of the property is being endowed to the

recipient voluntary organisation shall strictly adhere to the

principles applicable to market levels and market conditions as

established in terms of these provisions; and

(b)

the requirements established under item 15 of

this Schedule shall apply.

(2) Without prejudice to any other law governing tax

exemptions, with particular reference to article 12 of the Income Tax

Act the conditional requirements mentioned under paragraph 15 and

sub-paragraph (1) of this paragraph shall, in particular, apply in order

(a)

eliminate any form of tax abuse which may

potentially arise in the setting up of organisations and to

strictly adhere to the non-profit making conditions;

(b)

ensure that the set up of voluntary organisations

and their activities which benefit from tax exemptions shall be

kept separate and distinct from any trading or commercial

activities set up by commercial entities or their members or

related parties;

(c)

ensure that any income, shares, capital, interests

or value of property held by commercial entities is not

accounted for as exempt income;

(d)

ensure that any expenses which are related to

exempt activities shall not be accounted for as expenses of

taxable entities to be set off against taxable income in violation

of tax exemption regulations; and

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(e)

ensure that tax exemptions do not result in a

distortion as to the rules and conditions governing fair

competition.

17. When the voluntary organisation is not the sole

shareholder of a limited liability company, no part of the income,

capital, interests or value of property of such limited liability

company shall be available directly or indirectly to persons involved

in the voluntary organisation

Provided that the provisions of this Part VII shall not

apply to private foundations carrying out activities listed under article

31B of the Second Schedule to the Civil Code.

18. The Commissioner may issue guidelines on grantor

companies or other organisations of which shares, capital, interests or

value of property are endowed to recipient voluntary organisations to

ensure compliance with the principles of this Act and any regulations

issued hereunder or under the Second Schedule to the Civil Code.

19. When a voluntary organisation has assets, including

shares or other interests, in another legal organisation, such assets

may not be sold or otherwise transferred to any administrator, partner,

promoter, founder, member, donor or any member of his family, of

the voluntary organisation.

VIII. Extension of Fiduciary Obligations

20. Without in any way impinging on the fiduciary

obligations of any administrators or officers of any organisation, any

person who has any role in an organisation for which remuneration is

paid in any form and, or has his expenses refunded, or has any control

or powers of disposition over the assets of a voluntary organisation,

even if not an officer, shall be considered to be subject to fiduciary

obligations.

IX.

Powers of the Commissioner

21. The Commissioner may request any information from

any person in order to enable him to establish whether an

organisation qualifies as non-profit making in terms of this Schedule

and whether the principles, rules or guidelines of this Schedule are

being observed.

X.

Rulings

22. Any promoter, founder, member, administrator or donor

or other person referred to in this Schedule may apply to the

Commissioner in writing for a ruling on any matter related to the

qualification or otherwise of the organisation as non-profit making in

accordance with this Schedule with reference to himself or any other

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person involved in an organisation.

The decision of the Commissioner shall be subject to an appeal

as stated in article 25 of the Act.

XI.

Breaches

23. Any administrator who fails to observe the provisions of

this Schedule shall be guilty of a breach of duty and shall be liable to

refund the organisation

(a)

if permitted to receive remuneration, any such

remuneration received by any administrator in excess of the

permitted level;

(b)

if not permitted to receive remuneration, all

sums received apart from expenses.

24. When an administrator agrees to pay other persons sums

which are not permitted to be paid or are in excess of permitted levels

as stated herein, he shall be jointly and severally liable with them to

refund such sums to the voluntary organisation.

XII. Applicability in Time

25. These provisions shall not apply retrospectively and

shall be without prejudice to the application of any rules of law in

force on the date (the "relevant date") when these provisions shall

come into force. All enrolled voluntary organisations shall seek to

come in line with these provisions within two (2) years of the

relevant date and may seek a ruling on such matters from the

Commissioner in case of doubt. Nothing herein contained shall

invalidate any act carried out prior to the relevant date when in

accordance with applicable law nor shall it render any person liable

for anything carried out when, under applicable law, this was not

prohibited.

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(1)

In this Act, unless the context otherwise requires

"administrator" means any person who is appointed to control,

supervise or administer an organisation, and includes a governor,

director, trustee or committee member or any other person who

carries out such functions even if under another name but shall not

include a manager or an executive while carrying out functions

under a contract against remuneration except in so far as he is an

administrator and only relating to his functions as an administrator;

"charitable purpose" means a social purpose;

"charitable trust" means a trust as defined by the Trusts and

Trustees Act which is established for a social purpose;

"the Commissioner" means the person appointed by virtue of

article 5;

"controlled by a religious organisation" means that the religious

organisation or the authority representing the same under the

applicable Canon law or other legislation governing religious

organisations, has the power, whether directly or indirectly, to

nominate, appoint, change or remove more than half of the

administrators of the organisation;

"controlled by the Government" means that the Government of

Malta has the power, whether directly or indirectly, to nominate,

appoint, change or remove any of the administrators of the

organisation;

"controlled by, related or affiliated to a political party" or

similar terms means, in the case of the controlled, related or affiliated

organisation, that

(a) its statute, financial statements or other documents

expressly state that it is controlled by, related or

affiliated to the political party; or

(b) it has been established by the political party which

supports it financially; or

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(c) its remaining assets devolve on the political party upon

its dissolution,

and, in the case of a political party, that a political party as defined in

the Financing of Political Parties Act, whether registered under the

said Act or otherwise

(i)

has the power, whether directly or indirectly, to

nominate, appoint, change or remove more than

half of the administrators of the organisation; or

(ii) is a beneficiary, in any manner and at any time,

of the income or capital of the organisation; or

(iii) is the beneficiary of the purposes of the

organisation, including the promotion of the

specific vision, policies and goals of the political

party or its candidates;

"the Council" means the Malta Council for the Voluntary Sector

established by article 35;

"ecclesiastical entity" shall have the meaning assigned to it by

article 26 of the Second Schedule to the Civil Code;

"Financial Intelligence Analysis Unit" means the unit set up by

article 15 of the Prevention of Money Laundering Act;

"funding of terrorism" means the conduct described in articles 328B

and 328F to 328I, both inclusive, of the Criminal Code;

"Government" means the Government of Malta, and includes any

Local Council, statutory corporation, public agency and other

organisation of whatever legal form controlled by the Government and

also includes the President of Malta;

"interested party" means a person who is given rights capable of

economic valuation, present or future, actual or contingent, in the

statute of an organisation or who is given powers or functions therein

and shall not include other persons unless the context otherwise

requires, and this, without prejudice to the right of any person to

pursue any civil right or remedy he may have;

"lawful purpose" means a purpose other than a social or public

purpose or public benefit, being a legitimate purpose in terms of these

provisions and which may include a private benefit, provided such

private benefit is subject to the following conditional requirements

(a) it is solely limited and incidental or ancillary to the

principal purpose and objectives of the organisation;

(b) it is not directly attributable to private individuals or

members of the organisation; and

(c) it is not capable of promoting any form of private

interest, irrespective of whether or not such private

interest involves any economic interests, or any form

of economic contributions, or is otherwise capable of

economic evaluation;

"market conditions" and "market levels" mean

(a) in the case of goods, the standard price normally paid

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for such goods on the open market;

(b) in the case of services, the standard or level of

remuneration, normally paid

(i) by voluntary organisations of the same legal

form and operating in the same or in a similar

area of activity; and

(ii) to persons in the same or in a similar office or

role and, or under the same or similar conditions

and having the same or similar qualifications;

and

(c) in all other cases, the normal commercial standards

Provided that, on a local level, such market levels and

conditions shall be applicable

(i) in the case of voluntary organisations with a

generated revenue and income of less than fifty

thousand euro (€50,000), these shall be made

subject to Category 1 enrolment organisations in

terms of the Voluntary Organisations (Annual

Returns and Annual Accounts) Regulations;

(ii) in the case of voluntary organisations with a

generated revenue and income exceeding fifty

thousand euro (€50,000) but less than two

hundred fifty thousand euro (€250,000), these

shall be made subject to the General Accounting

Principles for Small and Medium-Sized Entities

(GAPSME) in terms of Accountancy Profession

(General Accounting Principles For Small And

Medium-Sized Entities) Regulations and shall

apply without prejudice to the Voluntary

Organisations (Annual Returns and Annual

Accounts) Regulations; and

(iii) in the case of voluntary organisations with a

generated revenue and income exceeding two

hundred fifty thousand euro (€250,000), these

shall be made subject to full audit by an auditor

and the International Financial Reporting Standards

(IFRS) shall apply

Provided further that, for the above principles to apply,

reference shall be made to prices, standards or levels of the market

in the country where the relevant activities take place

Provided also that, in case of international organisations,

which operate from Malta, or in case of local organisations, which

operate internationally, such organisations shall be subject to

International Financial Reporting Standards (IFRS) which shall

apply without prejudice to the Voluntary Organisations (Annual

Returns and Annual Accounts) Regulations;

" M i n i s t e r " means the Minister responsible for voluntary

organisations;

"non-profit making", "not for profit", "non-profit" and similar

phrases shall be interpreted, as the context may require, in accordance

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with the principles, rules and guidelines in the First Schedule to this

Act;

"philanthropic" means for the relief of poverty, pain and

suffering, and other humanitarian needs;

"pious foundation" shall have the meaning assigned to it by article

26 of the Second Schedule to the Civil Code;

"political party" shall have the meaning assigned to it by article 2 of

the Financing of Political Parties Act and, for the purpose of this Act,

shall include any other organisation, of whatever legal form, which is

controlled by, related or affiliated to the political party, and the terms

"political candidate" and "political organisation" shall be construed

accordingly;

"political purpose" means the promotion of the interests of a

political party or a political candidate, whether at local, national or

international level;

"promoter" means a person who promotes the establishment of

an organisation or holds himself out to third parties as such;

"public agency" means any entity of any legal form which is

established to carry out public administration in terms of the Public

Administration Act or any other law and includes a statutory body;

"public collection" shall have the meaning ascribed to it in the

Public Collections Act

Provided that for the purposes of this Act, the term

"public", within the context of collections, shall not include

existing founders, members or donors of a voluntary organisation,

even if in large numbers, nor shall it include a group of less than

fifty persons taken on one or more occasions;

"public purpose" or "public benefit" means a social purpose

which

(a) promotes or serves the general public interest or the

interest of a sector of the general public, whether

directly or indirectly

Provided that

(i)

if, in the opinion of the Commissioner, the

organisation does not reach sufficient levels of

promotion or service to the general public

interest or the interest of a sector of the general

public, he may decide that this criteria is not

satisfied; and

(ii) such purpose is not to be presumed to exist only

because the organisation has a "social purpose"

as defined in this Act;

(b) does not promote or serve any private benefit unless

such benefit is solely limited and incidental or

ancillary to the principal purpose and objectives of the

organisation and as permitted by this Act and, or the

Second Schedule to the Civil Code;

(c) is of a continuing nature and shall apply throughout

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the existence of the voluntary organisation; and

(d) does not include a political purpose;";

"Registrar for Legal Persons" means the Registrar responsible

for registration of organisations in terms of the Second Schedule to

the Civil Code;

"religious organisation" means

(a) a pious foundation;

(b) an ecclesiastical entity and qualifies as a diocese,

parish, church or place of worship, province or similar

division of any religious order, institute of consecrated

life and a society of apostolic life or an ecclesiastical

community; or

(c) a hospital, school, teaching or counselling institute,

orphanage or residential or respite centre available to

the public, which is controlled by a religious

organisation referred to in paragraphs (a) and (b),

whether supported by volunteers or otherwise;

"remuneration" means any honorarium, wage, salary, fee or other

payment for services, whether under a contract or otherwise, but

shall not include the refund of any expenses incurred on behalf of

any organisation;

"social purpose" means any charitable or philanthropic purpose,

and without prejudice to the generality of the aforesaid, includes

(a) the advancement of education, including physical

education and sports;

(b) the advancement of religion;

(c) the advancement of health;

(d) social and community advancement, including the

promotion of the ethical, educational and social aspects

of a particular profession or trade, but which does not

include the promotion of any private economic interest;

(e) the advancement of culture, arts and national heritage;

(f) the advancement of environmental protection and

improvement, including the protection of animals;

(g) the promotion of human rights, conflict resolution,

democracy and reconciliation;

(h) the promotion or protection of the interests of other

public benefit organisations, including federations of

such organisations;

(i) the carrying out of activities intended to raise funds to

support other public benefit, non-profit or voluntary

organisations or to generally support the voluntary sector

as a whole or parts of it through the application, grant,

transfer or otherwise making available of funds so raised

to them or for their benefit; or

(j) any other purpose as may be prescribed by the

Minister by means of regulations made by virtue of

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this Act;

(k) shall not include a political purpose;

"statute" means a document which regulates the continuing

management and operation of a voluntary organisation or any

constitutive instrument or public deed of the organisation whereby

such organisation is established, including a will which provides for

the setting up of such organisation;

"temporary organisation" means an organisation established for a

specific purpose which can be achieved within less than a year as

provided by article 16;

" Tr i b u n a l " m e a n s t h e A d m i n i s t r a t i v e R e v i e w Tr i b u n a l

established by article 5 of the Administrative Justice Act;

"voluntary" in the context of a voluntary organisation means the

existence of two or more of the following elements

(a) the overall control of the organisation is exercised by

administrators who do not receive any remuneration

for their services for carrying on functions of

administrators except as permitted in this Act;

(b) the organisation is created by the endowment of

voluntary and gratuitous grants and the organisation’s

affairs are supported, at least in part, by such voluntary

or gratuitous grants or by services rendered on a

voluntary basis;

(c) in the case of an association, subject to limitations due

to the nature or size of the organisation and subject to

any discretion which may be exercised in terms of the

statute of an organisation by the administrators or a

membership committee, any person can join the

organisation or participate in the activities of the

organisation and every participant in the organisation has

the right to freely leave the organisation: and

Provided that

(i)

when a voluntary organisation is established in the

form of a foundation, only one of the above

elements must exist for the organisation to be

considered to be "voluntary";

(ii) when a member of a religious order or authority

carries out functions in a voluntary organisation

without remuneration, such functions shall be

considered to be "voluntary" for the purposes of

this definition if he or she is not appointed or

engaged to do so as a means to carry out his

vocational duties by the religious order or authority

of which he or she forms part;

(iii) for the purposes of paragraph (c), only those

limitations and discretions which are consistent

with the Constitution of Malta and the European

Convention Act shall be considered to be valid

limitations and discretions;

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" v o l u n t a r y o rg a n i s a t i o n " means a foundation, a trust, an

association of persons or a temporary organisation which qualifies

under article 3;

" Vo l u n t a r y O r g a n i s a t i o n s F u n d " m e a n s t h e f o u n d a t i o n

established by article 37;

"voluntary sector" includes voluntary organisations, volunteers,

donors who make voluntary grants of money or assets to voluntary

organisations, beneficiaries of the services of volunteers and

voluntary organisations and administrators of such organisations;

"volunteer" means a person who provides unremunerated

services through or for a voluntary organisation.

(2) Unless otherwise expressly defined in any other law or the

context requires otherwise, the terms "charity", "charitable", "non-

profit", "non-profit making", "philanthropic", "social purpose",

"public benefit", "public purpose", "voluntary" , " v o l u n t a r y

organisation" and variations or derivatives thereof when used in

other laws, shall have the meaning ascribed to them by this Act.

(3) The registration of a voluntary organisation as a legal

person in terms of the Second Schedule to the Civil Code shall not

imply enrolment of that organisation in terms of this Act.

(4) Enrolment of a voluntary organisation under this Act shall

not imply

(a) that the organisation has legal personality; or

(b) that it is a registered organisation, in terms of the

Second Schedule to the Civil Code; or

(c) that the liability of its administrators under applicable

laws is affected in any manner.

PART II

VOLUNTARY ORGANISATIONS

Organisations, which are exempt from mandatory enrolment with the

Commissioner pursuant to article 12C of this Act *

PART I

International public benefit, non-profit making or voluntary

organisations established by international treaty, or their local branch,

which are exempted by any special law from being subject to

enrolment.

The exemption under this Part I shall apply, provided that such

international organisations do not make or intend to make public

collections, and this, subject to any applicable provisions of any

treaty, any special law or other agreement relating to such

organisations.

PART II

Organisations which are registered with SportMalta in terms of the

Sports Act.

The exemption under this Part II shall apply provided that such

organisations do not engage in any of the activities in article

12B(1)(a) to (d) of this Act.

* These organisations are free to enrol at any time upon complying

with the requirements of this Act.

VOLUNTARY ORGANISATIONS

(1) A voluntary organisation is an organisation which is

created or established

(a) for any social purpose including that which qualifies

as a public purpose or for public benefit;

(b) as non-profit making; and

(c) is voluntary,

whether it is registered or registerable as a legal person or not in

terms of the Second Schedule to the Civil Code and whether it is or

may be enrolled under this Act or not.

For the purposes of this Act the above requirements shall be of a

continuing nature and shall apply throughout the existence of the

voluntary organisation.

(2) (a) Voluntary organisations are independent and

autonomous of the Government and such organisations shall have

their status respected by the Government at all times.

(b) The administrators of a voluntary organisation are

VOLUNTARY ORGANISATIONS

bound to act autonomously and independently in

seeking to fulfil the express purposes of such

organisation and must not be subject to the control of

any other person or authority nor bound in any manner,

directly or indirectly, to act under the direction or in

the interest of any other person

Provided that administrators shall be vested solely with

one administrative role and may not exercise the position

of President, Vice President, Treasurer and Secretary

concurrently.

(c) Provisions in any statute of a voluntary organisation or

in any applicable law, which administrators are bound

to observe, shall not be considered as impinging on the

autonomy or independence of administrators

Provided that any such provisions in a statute, or any

powers which have been vested in any person or body thereby, shall

not be such as to contradict the public purpose of the organisation

Provided further that such statute or applicable law shall

(i)

any mission statement, standards of conduct,

guidelines on corporate governance or similar

statements in the statute, including those

relating to ethical, reputational or commercial

positions adopted by the founder;

(ii) any provisions reserving powers or rights to the

founder of a foundation with a public purpose or

the settlor of a charitable trust in accordance

with the provisions of the Second Schedule to

the Civil Code or the Trusts and Trustees Act

respectively;

(iii) any provisions on a supervisory council or a

protector who may be granted powers in relation

to the actions of the administrators or trustees in

accordance with applicable law;

(iv) any provisions granting powers to the Courts or

other authority to issue directions on any matter

relating to a foundation, an association or to a

trust or generally in relation to any voluntary

organisation;

(v) any provisions of applicable law whereby

administrators may be bound to follow the

directions of a designated person on specific

issues or may be under a vow of obedience or

otherwise subject to the laws or rules of the

competent ecclesiastical or other religious

authority; or

(vi) any provisions whereby the competent

ecclesiastical or other religious authorities may

enjoy powers in relation to the organisation.

VOLUNTARY ORGANISATIONS

An organisation shall not be considered to be a

voluntary organisation if it is

(i)

controlled by the Government; or

(ii)

a public agency.

(b) For the purposes of this sub-article

(i)

where any person occupies the position

of Prime Minister, Minister, Parliamentary Secretary,

Permanent Secretary, mayor or holds any other public

office with powers to act on behalf of the Government

and such person also occupies the position of an

administrator within a voluntary organisation in his

personal capacity, his role in the latter position shall be

considered to be separate and distinct from the public

office he may occupy within the Government and such

organisation shall not thereby be considered to be

"controlled by the Government" unless the statute or any

document regulating the appointment expressly states

otherwise

Provided that when, at any time, such

person holds these two positions at the same time, such

person shall submit a declaration to the Commissioner

confirming that he is occupying the position of

administrator within the voluntary organisation in his

personal capacity

Provided further that in such cases the

Commissioner may, if he considers that the duties or

profile of such person holding the public office to be

incompatible with the duties as administrator of the

particular voluntary organisation or with the voluntary

sector as a whole, request the retirement by such person

from his position as administrator of the voluntary

organisation;

(ii) co-operation agreements, delegation of

management, guardianships or similar agreements as

well as public private partnerships shall not imply

"control by the Government";

(iii) the appointment by Government of

persons as protectors or as members of a supervisory

council shall imply "control by the Government" unless

the statute or any document regulating their appointment

expressly states that such persons appointed by the

Government are independent and autonomous, shall act

on their own discretion and responsibility and shall not

VOLUNTARY ORGANISATIONS

be bound to follow directions issued by the Government

in carrying out their duties notwithstanding the fact that

they are appointed by the Government, although they

remain bound to protect the public interest even if in

consultation with the Government.

For the purposes of sub-paragraph (i), if, under the

provisions of a statute of an organisation, the successor

incumbent of the same public office takes up the post of

administrator on the retirement of the prior incumbent of the

public office, this shall be considered to imply that the relevant

person is not holding the position of an administrator in his

personal capacity. The term "relevant person" has the same

meaning as assigned to it under the Second Schedule to the

Civil Code.

(c) Religious organisations may not enrol under this Act

and shall not be treated as voluntary organisations for

the purposes of this Act. Nothing in this article shall

hinder a religious organisation from establishing an

organisation which is not itself a religious organisation

as defined above. Subject to the provisions of this Act,

such an organisation may enrol and, when so required

under this Act, shall be obliged to enrol.

(d) Such an organisation shall not be eligible to the rights,

privileges and benefits of a voluntary organisation

unless enrolled as a voluntary organisation under this

Act.

(e) Where a religious organisation is already enrolled in

terms of this Act on the date of the coming into force

of this provision, such organisation shall continue to

be considered as a voluntary organisation, with all

relative rights, privileges, benefits and obligations, for

as long as its enrolment remains in effect.

(f) An organisation shall not be considered to be a

voluntary organisation if it is a political party, has

political purposes or is controlled by, related or

affiliated to a political party. Such organisations may

not enrol under this Act and shall not be treated as

voluntary organisations for the purposes of this Act.

Nothing in this article shall hinder an organisation

with political purposes from establishing an

organisation which is not itself a political organisation

as defined in this Act. Subject to the provisions of this

Act, such an organisation may enrol and, when so

required under this Act, shall be obliged to enrol.

(g) Where an organisation with political purposes is

enrolled in terms of this Act on the date of the coming

into force of this provision, such organisation shall be

required to cancel its enrolment under this Act, failing

which the Commissioner shall proceed to cancel the

enrolment after notice in accordance with this Act.

VOLUNTARY ORGANISATIONS

(4) For the purposes of this Act, a voluntary organisation may

not be established as a limited liability company or any commercial

partnership established under the Companies Act.

(5) Trusts established or recognised in terms of the Trusts and

Trustees Act shall qualify as voluntary organisations only when

they are established as charitable trusts.

(6) Unless otherwise permitted under the provisions of article

38, and to the extent of the applicability of article 32A of the

Second Schedule to the Civil Code, a voluntary organisation may

not be established as the principle cause to trade or to carry out

commercial activities.

(7)

For the purposes of the enrolment of a foreign or

international organisation under this Act, when the organisation takes

the form of a foundation or an association or a trust, the organisation

shall be required to have a minimum of three administrators

Provided that such organisations shall have a representative

resident in Malta.

Form A

VOLUNTARY ORGANISATIONS ACT

(CAP. 492)

Non-Enrolment Notice - Notification by a non-enrolled voluntary

organisation to the Commissioner pursuant to article 12D

Name of Organisation ................................... ("the Organisation")

Delivered by ....................................................................................

To the Commissioner for Voluntary Organisations

The Organisation hereby notifies the Commissioner that

(a)

it is a voluntary organisation in terms of article 3 of the

Voluntary Organisations Act ("the Act") established in

writing as an association, foundation or trust (1) on

the (2) ............ and is not enrolled in terms of such Act;

(b)

it is not subject to mandatory enrolment in terms of the

Act because.

the address of the Organisation is: ............................................

(where applicable) it is a legal person and its registration

number is .........................................................................

the sector of activity in which it operates is ........................and

its principal purpose is ............................................................

all communications may be made by and to (3)

............................................... as the responsible administrator

appointed for the purpose at the address mentioned in (b)

above.

The administrators are aware that if the activities of the

organisation are such as to fall within the terms of article 12B

of the Act they are obliged to enrol the organisation in

accordance with article 12B of the Act.

Signature: .......................................

Name: ............................................

Responsible Administrator

Dated this ............ day of ...................... of the year........

(1)

Delete as applicable

VOLUNTARY ORGANISATIONS

(2)

State date of establishment

(3)

Insert name and surname of responsible administrator

Form B

VOLUNTARY ORGANISATIONS ACT

(CAP. 492)

Notice of change in name/address (1) of a non-enrolled voluntary

organisation pursuant to article 12D

Name of Organisation (2) ..........................("the Organisation")

Address (2) :.................................................................................

Delivered by: ...........................................................................

To the Commissioner for Voluntary Organisations

The Organisation hereby gives notice, in accordance with

article 12D of the Voluntary Organisations Act, that

with effect from (3) .......................... its name has been

(i)

changed

to ....................................................................................

with effect from (4) ................................... it has changed

(ii)

its address and its new address is ..................................

Signature: .......................................

Name: .........................................

Responsible Administrator

Dated this .................. day of ................ of the year ................

(1)

Delete as applicable

(2)

Indicate old name/address as applicable

(3)

State date when change in name occurred

(4)

State date when change in address occurred

VOLUNTARY ORGANISATIONS

Form C

VOLUNTARY ORGANISATIONS ACT

(CAP. 492)

Notice of change in local representative/administrator (1)

of a non-enrolled voluntary organisation pursuant to article 12D

Name of Organisation ............................. ("the Organisation")

Address: ...................................................................................

Delivered by: ..........................................................................

To the Commissioner for Voluntary Organisations

The Organisation hereby gives notice, in accordance with

article 12D of the Voluntary Organisations Act that

with effect from (2) ................................................. the person

currently acting as a local representative of the Organisation is

no longer exercising such function and

Name:........................................................................................

Address:....................................................................................

Identification number:..............................................................

has been appointed as local representative in his/her stead.

with effect from (2) ...................................... the administrator

who was responsible for making and receiving

communications on behalf of the Organisation is no longer

exercising such function and

Name:........................................................................................

Address:....................................................................................

Identification number:..............................................................

has been appointed to carry out such function in his/her stead.

Signature: ................................

Name: ....................................

Responsible Administrator

Dated this .............. day of ................ of the year ...........

(1) Delete as applicable

(2) State date when new appointment was made

VOLUNTARY ORGANISATIONS

Form D

VOLUNTARY ORGANISATIONS ACT

(CAP. 492)

Notice of merger of a non-enrolled voluntary organisation pursuant to

article 12D

Name of Organisation ............................. ("the Organisation")

Address: ....................................................................................

Delivered by: ...........................................................................

To the Commissioner for Voluntary Organisations

(a)

residing at ................................................ hereby gives

notice, in accordance with article 12D of the Voluntary

Organisations Act that the Organisation has been merged

with the following organisation/s

(b)

and will continue as an organisation with the following

details

Name:........................................................................................

Address: ...................................................................................

Registration Number: ..............................................................

The notification of the Organisation may be removed from the

List of Non-Enrolled Voluntary Organisations.

Signature: .........................................

Name: ...............................................

Responsible Administrator

Dated this ................ day of .................. of the year .................

(a) State name and residence of Responsible Administrator

(b) State name(s) of organisation(s) amalgamating with the

Organisation

VOLUNTARY ORGANISATIONS

Form E

VOLUNTARY ORGANISATIONS ACT

(CAP. 492)

Notice of dissolution and winding up of a

non-enrolled voluntary organisation pursuant to article 12D

Name of Organisation ............................. ("the Organisation")

Address:....................................................................................

Delivered by:............................................................................

To the Commissioner for Voluntary Organisations

(a)

................................... residing at ..................................

hereby gives notice, in accordance with article 12D of

the Voluntary Organisations Act that the Organisation

has been dissolved and wound up and that its

notification may be removed from the List of Non-

Enrolled Voluntary Organisations.

Signature: .............................................

Name: ...................................................

Responsible Administrator

Dated this ................. day of ............. of the year ....................

(a) State name and residence of Responsible Administrator

VOLUNTARY ORGANISATIONS

Form F

VOLUNTARY ORGANISATIONS ACT

(CAP. 492)

Enrolment of a Foreign Organisation pursuant to article 12F

Name of Organisation: ............................ ("the Organisation")

Delivered by: ...........................................................................

The Organisation hereby notifies the Commissioner that

(i)

it is registered or established under the laws of ..............

bearing registration number ......................... and having

a registered office at ................................................;

(ii)

it is substantially established for the public purpose or

public benefit of ............................................................;

(iii)

it is substantially non-profit making and voluntary for

the purposes of the Voluntary Organisations Act.

The Organisation gives notice that

Name:.......................................................................................

Address: ...................................................................................

Identification number:..............................................................

has been appointed as local representative of the Organisation.

The Organisation confirms that the said person has accepted to

so act.

Signature: ..........................................

Name: ................................................

Responsible Administrator

Dated this ................ day of .................... of the year ..............

VOLUNTARY ORGANISATIONS

(1) Without prejudice to the provisions of article 12B, any

voluntary organisation which has a public purpose or is for public

benefit may apply to become enrolled with the Commissioner and,

once enrolled and subject to the observance of applicable

provisions of law, may enjoy the privileges contemplated by this

Act and any regulations made thereunder.

(2) Notwithstanding the provisions of any other law, a

voluntary organisation which is enrolled in terms of this Act, may

make public collections for the purposes of the organisation, or when

the purpose of an organisation is the raising of funds for other

voluntary organisations with designated social or public purposes, for

the purposes of such other organisations without any further

authorisation.

(3) Any public collections made by any enrolled voluntary

organisation shall be made for the public purposes of the relevant

organisation and in accordance with any regulations made by the

Minister and, or any guidelines which may be issued by the

Commissioner from time to time. Unless enrolled, a voluntary

organisation may not make public collections.

(4) A voluntary organisation which is not enrolled in accordance

with this Act, may not

(a) receive or be the beneficiary of grants, sponsorships or

other financial aid from the Government, any entity

controlled by the Government or the Voluntary

Organisations Fund;

(b) be the beneficiary of any policies supporting voluntary

action as these may be developed by the Government;

(c) receive or be the beneficiary of exemptions, privileges

or other entitlements in terms of any law;

(d) be a party to contracts and other engagements, whether

VOLUNTARY ORGANISATIONS

against remuneration or not, for the carrying out of

services for the achievement of its public purpose at the

request of the Government or any entity controlled by

the Government,

and any act which breaches this sub-article shall be considered

to be subject to revocation on the request of the Attorney

General, who may act of his own initiative or at his

discretion on a complaint made by the Commissioner or

on a complaint made by any enrolled voluntary

organisation

Provided that

(i)

an enrolled voluntary organisation may benefit

under paragraphs (a), (b), (c) and (d) only if it is

fully compliant with the provisions of this Act

and any regulations made thereunder; and

(ii) if an enrolled voluntary organisation, benefiting

under paragraphs (a), (b), (c) and (d), ceases to be

fully compliant with the provisions of this Act and

any regulations made thereunder, such enrolled

voluntary organisation shall be given a time period

by the Commissioner or the relevant authority

granting the benefit, as the case may be, in which

to rectify its position

Provided further that where a law or regulations, or a

Ministerial exemption or notice pursuant thereto, in force on the

date of the coming into force of this Act grants a benefit, exemption

or privilege, it shall continue to be enjoyed until it is repealed and

where a contract or engagement is already in force on such date it

shall not be affected until it is performed or terminated.

(5) The Government, government departments, public agencies

and entities controlled by the Government shall act upon a

Certificate of Enrolment issued in terms of article 14, as evidence

of the status of an organisation as a voluntary organisation and

shall not require any further evidence of its existence or status

when dealing with such an organisation

Provided that such certificate shall not imply any

e x e m p t i o n o f s u c h o rg a n i s a t i o n f r o m a n y pr o c e d u r e , d u t y,

obligation, liability, fees or dues unless expressly stated in the

applicable law, regulation or policy.

(6) Without prejudice to the other provisions of this Act, when

implementing the provisions of this article in granting benefits or

funds or extending privileges to enrolled voluntary organisations or

in denying benefits or funds or privileges on the basis of lack of

enrolment of an organisation, the Government shall consult and

may rely on the information contained in the Register of Voluntary

Organisations as maintained by the Commissioner.

(7) (a) The Government shall, from time to time, at least once a

year, declare when funds for grants, sponsorships or other financial

aid from the Government are available to the voluntary sector.

VOLUNTARY ORGANISATIONS

(b) For the purpose of paragraph (a), the Government shall

distinguish between

(i) funds which are available for organisations in

the voluntary sector with activities in Malta,

whether the organisations are Maltese

organisations or foreign organisations with

activities in Malta; and

(ii) funds which are available to support the

overseas activities of organisations, whether

such organisations are Maltese or foreign.

(c) In the case of funds available as stated in paragraph

(b)(i), these shall be available exclusively to enrolled

voluntary organisations whether Maltese or foreign.

(d) In the case of funds available as stated in paragraph

(b)(ii)

(i) in the case of recipient organisations which are

Maltese, these shall be available exclusively to

enrolled voluntary organisations; and

(ii) in the case of recipient organisations which are

not Maltese, the Government shall ensure that as

far as possible, such organisations broadly meet

equivalent public benefit, registration and

transparency standards in their own state of

registration as voluntary organisations which are

enrolled under this Act.

The Minister may, from time to time, issue regulations establishing

the matters upon which equivalence is required and in what manner

and may, from time to time, declare when registration as a charity,

public benefit, non-profit or voluntary organisation in specified

countries implies equivalence for the purposes of this paragraph.

PART III

COMMISSIONER FOR VOLUNTARY ORGANISATIONS

TEMPORARY ORGANISATION

Application for the enrolment of a temporary organisation and the

constitutive instrument of such temporary organisation established

in accordance with the Voluntary Organisations Act pursuant to

article 16

Name of Organisation....................……. ("the Organisation")

Delivered by: ..........................................................................

Name

The name of the organisation is ...............................................

Address

The address of the organisation is ...........................................

Purpose

The organisation is formed with the one specific purpose of *

Necessary Acts

The temporary organisation shall perform the following

necessary acts so as to achieve the purpose for which it is

established †

………………………………………………………………

………………………………………………………………

………………………………………………………………

Acts which may not be carried out by the

This one specific purpose may include the raising of funds for a

specific public purpose or to support another enrolled voluntary

organisation, and can even be for the benefit of a named individual

who may need humanitarian support.

State acts such as paying for medical assistance, paying for flights

or accommodation, paying for repairs, equipment and the like.

VOLUNTARY ORGANISATIONS

temporary organisation

The temporary organisation may only carry out the acts listed

in this constitutive instrument and ancillary and connected

acts. The temporary organisation may not

(a)

borrow money; or

(b)

enter into binding financial obligations in advance of

raising the necessary funds to perform such obligations.

Administrators *

The administrators of the temporary organisation, who sign

next to their name to confirm their consent to act, shall be

1.

2.

3. Duration

This temporary organisation is established for ........................

months/1 Year † . The temporary organisation shall pay out,

apply or otherwise distribute all its assets for the achievement

of the purpose by the expiry date of its term. If for any reason

the above cannot be complied with, the administrators shall, on

the lapse of the above mentioned period, select one of the

following options

a.

pays out the funds to another enrolled voluntary

organisation with purposes similar to its own with an

instruction to hold the funds and when possible use them

for the stated purpose or pay out the funds to the

Voluntary Organisations Fund;

b.

converts the temporary organisation into a new

voluntary organisation of extended duration with the

same purposes; or

The beneficiary, or if a minor, his or her parents cannot be administrators.

This instrument must be delivered to the Commissioner for Voluntary

Organisations with the written consents of the administrators endorsed on

it. There must be at least three (3) administrators for which there should be

included their name, ID card number and address.

Cannot exceed one year, but can be extended by the Commissioner.

VOLUNTARY ORGANISATIONS

c.

applies to the Commissioner for an extension under

article 16(4) of the Voluntary Organisations Act.

Termination

Prior to the date of its termination, the temporary organisation

shall submit to the Commissioner a closing statement of

account signed by the administrators

(a) explaining how it has achieved the purpose for which

it was established;

(b) explaining how it has applied all its assets, including

receipts; and

(c) attaching any original documents or agreements which

may have been entered into by the temporary

organisation in connection with the disposal or

application of such assets.

Signatures *

* This constitutive instrument must also be signed by the promoters,

who may be the administrators as well.

(1) There shall be a Commissioner for Voluntary

Organisations who shall be appointed by the Minister for the

purpose, after consultation with the Social Affairs Committee of

the House of Representatives or any other committee substituting

the same.

(2) The Commissioner shall be appointed for a period of three

years and may be re-appointed upon the expiration of the term of

office.

(3) A person shall not be qualified to be appointed or continue

to hold office as Commissioner if such person

(a) is a Judge, a Magistrate, a Member of the House of

Representatives or a Local Council, or a candidate for

election to the House of Representatives or a Local

Council; or

(b) is legally incapacitated or interdicted; or

(c) has been declared bankrupt or has made a composition

VOLUNTARY ORGANISATIONS

or arrangement with his creditors; or

(d) has been convicted of a crime affecting public trust or

theft or fraud, or of knowingly receiving property,

obtained by theft or fraud, a crime affecting the good

order of the family or of an offence against this Act; or

(e) is a public officer or becomes a public officer."; and

(4) The appointment of a person as a Commissioner shall not

render him a public officer. During his term as Commissioner, such

person shall not hold any position which results in a conflict of interest

or is incompatible with the appropriate performance of his official

duties as Commissioner or with the impartiality expected from this

office or with the public confidence therein.

(5) When the office of the Commissioner becomes vacant, a

person appointed as Commissioner shall hold office until a

successor is appointed.

(6) Subject to the qualifications in subarticle (3), the Minister

may, at any time, during the absence of the Commissioner or for

any other temporary purpose where the Minister considers it

necessary to do so, appoint a person to act in the office of the

Commissioner, until the resumption of office of the Commissioner.

(7) The Minister may also appoint one or more Deputy

Commissioners to assist the Commissioner as directed by him and

in the performance of his functions.

(1) The Commissioner may, at any time, be removed or

suspended from office by the Minister, after consultation with the

Social Affairs Committee of the House of Representatives or any

committee substituting the same, on the grounds of proved inability

to perform the functions of the office of the Commissioner or

proved misbehaviour

Provided that if the committee referred to in this subarticle

is not constituted or if the House of Representatives is not in

session, the Commissioner may be suspended from office by the

Minister, acting in accordance with his own discretion, for proved

i n a b i l i t y t o p e r f o r m t h e f u n c t i o n s o f t h e o ff i c e o r p r o v e d

misbehaviour to the Minister’s satisfaction but any such suspension

shall not continue in force beyond two months after the Committee

has been constituted and the House of Representatives is in session.

(2) The Commissioner may, at any time, resign from office by

notice in writing addressed to the Minister.

(1) The Commissioner shall perform the duties and

exercise the functions imposed and conferred on him by this Act

and by any regulations made thereunder including

(a) providing enrolment facilities for organisations which

are eligible for enrolment in terms of this Act;

(b) monitoring the activities of voluntary organisations in

order to ensure observance of the provisions of this

Act and any regulations made thereunder;

VOLUNTARY ORGANISATIONS

(c) providing voluntary organisations with information

about the benefits and responsibilities deriving from

registration as legal persons in terms of the Second

Schedule to the Civil Code and enrolment in terms of

this Act;

(d) providing information and guidelines to persons

performing voluntary work and to members of

voluntary organisations, for the better performance of

their role and for the better achievement of the

objectives of the voluntary organisations in which they

serve;

(e) making recommendations to the Minister on

legislation and policies in support of voluntary

organisations, volunteers and voluntary work;

(f) assisting Government, government departments,

public agencies and entities controlled by the

Government in preparing and reviewing policies in

support of voluntary organisations and the voluntary

sector in general;

(g) investigating any complaints relating to voluntary

organisations or persons or organisations purporting to

be voluntary organisations and their activities, and to

take such action as is in his power to redress any

justified grievance that may come to his notice;

(h) monitoring the promotion of voluntary organisations

and the behaviour of administrators of such

organisations to ensure the observance of high

standards of accountability and transparency and

compliance with law;

(i) co-ordinating and communicating with the Registrar

for Legal Persons in terms of the Second Schedule to

the Civil Code with a view to facilitating registration

and enrolment processes for voluntary organisations;

(j) co-operating with and supporting the Council to

develop policies which will be of benefit to the

voluntary sector in general or categories thereof;

(k) reviewing periodically new information on the

voluntary sector’s potential vulnerabilities to money

laundering and the funding of terrorism;

(l) should he discover facts or obtain any information which

raise a suspicion that funds received by a voluntary

organisation could be proceeds of criminal activity or

that the activities of a voluntary organisation could be

related to money laundering or the funding of terrorism,

he shall promptly disclose those facts or that information,

supported by any relevant and supporting documentation

that may be available to him, to the Financial Intelligence

Analysis Unit;

(m) performing any other function or duty that is assigned

to him under this Act and any regulations made

thereunder as well as such other functions as may be

VOLUNTARY ORGANISATIONS

assigned to him under any other law.

(2) In the exercise of his functions, the Commissioner shall act

impartially and shall not be subject to the direction of any other

person or authority.

(3) The Office of the Commissioner shall be deemed to be a

body corporate, shall have a distinct legal personality and shall be

capable, subject to the provisions of this Act or any regulations

made thereunder, of entering into contracts, of acquiring, holding

and disposing of any kind of property for the purposes of his

functions, of suing and being sued, and of doing all such things and

entering into all such transactions as are incidental or contributory

to the exercise or performance of the Commissioner’s functions

under this Act. The Commissioner enjoys the legal and judicial

representation of the Office of the Commissioner as a legal person.

(4) The Commissioner may, on behalf of the Office of the

Commissioner, in his own writing, delegate to any person specific

functions, powers or authorities assigned to or conferred on him by

this Act or any other law, and may at any time revoke or vary such

delegation

Provided that no such delegation shall be deemed to divest the

Commissioner of any of his functions, powers or authorities and he

may, if he thinks fit, exercise such functions, powers or authorities

collaterally with the person so delegated.

(5) The provisions of article 77 of the Public Finance

Management Act shall not apply to the Commissioner or any other

person carrying out his functions in terms of this Act.

(1) The Commissioner shall establish systems for

communication with, and in support of, volunteers who are citizens

of Malta, whether serving in Malta or abroad, and the Minister may

make regulations, as may be appropriate from time to time,to

regulate and support volunteers

Provided that the Commissioner shall meet or communicate

with the members or the administrators of the organisation, or those

alleging to be members or administrators of the said organisation, as

soon as possible, regarding any matter whatsoever, and where the

Commissioner has exhausted all possible means of communication

with the mentioned members or administrators of the voluntary

organisation unsuccessfully, he may publish such communication in

one local newspaper, or by means of a notice in the official website of

the Office of the Commissioner for Voluntary Organisations, or in the

Gazette, as the Commissioner may consider appropriate in the

circumstances.

(2) The Commissioner shall

(a) seek to encourage an environment where the

credibility and good reputation of the voluntary sector

is continually enhanced through high standards of

operation of voluntary organisations and their

administrators, of transparency and public awareness

and of proper accountability; and

VOLUNTARY ORGANISATIONS

(b) seek to assist voluntary organisations in protecting

themselves from being abused for money laundering or

funding of terrorism purposes by raising their

awareness about such risks and informing them of

available measures to protect themselves against such

abuse.

(3) The Commissioner shall refuse an administrator or a

voluntary organisation based on confidential information disclosed

by competent authorities, if the Commissioner is satisfied that such

refusal is justified.

(4) Subject to the provisions of the Data Protection Act, the

Commissioner shall, for the purposes of this Act, also compile and

maintain information relating to the administrators and activities of

voluntary organisations which are not enrolled in terms of this Act.

The Commissioner shall be guided by the following

general principles

(a) the recognition, encouragement and promotion of the

value and importance of voluntary action and voluntary

organisations, whether operating independently of the

Government, religious organisations or other public

institutions or in a supporting role, and the benefit

deriving to the social and cultural life in Malta;

(b) the recognition of the contribution of voluntary action

and voluntary organisations, as expressions of

participation, solidarity, pluralism and subsidiarity,

towards the continued enjoyment and enrichment of

democratic life in Malta;

(c) the recognition of the direct economic benefit of

voluntary and unremunerated action and of initiatives

taken by voluntary organisations and volunteers;

(d) the recognition of the importance of the co-ordination

of efforts by voluntary organisations with similar

purposes so as to achieve greater concentration of

resources and to achieve the benefits of economies of

scale and for the avoidance of duplication of efforts,

always in the interests of their beneficiaries

Provided that the Commissioner shall not refuse the

enrolment of an organisation solely because of the

potential of duplication of efforts by other organisations

with similar purposes; and

(e) the recognition of the importance of the creation of

federations or associations of members in order to

regulate member organisations and their activities to

achieve the benefits of self regulation in the voluntary

sector.

(1) The Commissioner shall, by not later than twelve (12)

weeks after the end of each calendar year, make and present to the

Minister an annual report which shall include

(a) a report of the Commissioner’s activities during the

VOLUNTARY ORGANISATIONS

preceding year including those related to the monitoring

of voluntary organisations;

(b) a general description of the circumstances of the

voluntary sector in Malta and any developments which

may have affected such sector;

(c) any recommendations regarding legislation, policies or

other matters affecting the voluntary sector to ensure

adequate regulation of such sector including initiatives

for the prevention of money laundering and the funding

of terrorism; and

(d) the accounts and other financial records referred to in

subarticle (3).

(2) The Minister shall, by not later than eight weeks after

presentation of a copy of every such report, or if at any time during

that period the House of Representatives is not in session, within

eight weeks from the beginning of the next following session, cause

a copy of every such report to be laid on the table of the House of

Representatives. This report shall be discussed by the Social

Affairs Committee of the House of Representatives or any other

committee substituting this Committee by not later than eight

weeks from the date when the Minister places the same report on

the table of the House.

(3) The Commissioner shall cause to be kept proper accounts

and other financial records in respect of the operations of his office,

and shall cause to be prepared a statement of accounts in respect of

e a c h f i n a n c i a l y e a r. T h e a c c o u n t s o f t h e O f f i c e o f t h e

Commissioner shall be audited by an auditor to be approved by the

Minister. After the end of each financial year, and not later than the

date on which the report in subarticle (1) is to be forwarded to the

Minister, the Commissioner shall cause a copy of the statement of

accounts duly audited to be transmitted to the Minister together

with a copy of any report made by the auditors on that statement or

on the accounts of the Office of the Commissioner.

(1) The Commissioner may publish, by advertisement or

otherwise, any information about a voluntary organisation, whether

enrolled in terms of this Act or not, or about any person purporting

to act on behalf of a voluntary organisation, when it appears to him

to be in the interest of the public or of the organisation itself.

(2) Before publishing any information referred to in subarticle

(1), the Commissioner shall, in writing, notify the administrators of

the organisation, or the person purporting to act as stated in

subarticle (1), with the proposed text and the recipient shall have

five days from the date of receipt of such notice to discuss the same

with the Commissioner and unless an agreement is reached between

the Commissioner and the recipient, the Commissioner may proceed

with publishing the information without any further requirements

Provided that in cases of manifest abuse, fraud or other

risks to the general public, the Commissioner may publish such

information without prior notice as aforesaid

Provided further that the organisation or the person purporting

VOLUNTARY ORGANISATIONS

to act as stated in sub-article (1), may at any time appeal to the

Tribunal which may issue orders binding on the Commissioner

regarding such public statements.

(3) Notwithstanding the provisions of any other law, the Office of

the Commissioner, the Commissioner himself and any of his officials

acting on his behalf shall be exempt from any liability or responsibility

whether civil or criminal, in respect of any publication, statement or

other communication or activity, which is bona fide and is intended

solely for the better information, education or protection of the public.

Such exemption shall extend to such persons publishing, printing,

recording, broadcasting or notifying such information by any means

whatsoever. For the purposes of this sub-article, a publication,

statement, communication or activity shall be deemed to be bona fide

when it is not made or undertaken recklessly or maliciously and

adheres to the principles of fairness and objectivity. Any person

alleging bad faith shall have the burden of proving such allegations.

PART IV

REGISTER OF VOLUNTARY ORGANISATIONS

(1) There shall be a Register of Voluntary Organisations

(hereinafter referred to as "the Register") which shall be

maintained by the Commissioner and shall contain the following

information, supported by the documentation referred to in

paragraphs (d) to (i) as the same may be amended or updated from

time to time

(a) the name of the organisation;

(b) the address of the organisation;

(c) the registration number of the organisation if

registered as a legal person, whether in Malta or

abroad;

(d) the names, identity card numbers, accompanied by an

authenticated copy of each identity card, or passport

numbers, accompanied by an authenticated copy of

each passport, or registration numbers, if any, and

residential addresses of the administrators of the

organisation;

(e) in case of foreign organisations, the name, identity card

number, accompanied by an authenticated copy of such

identity card, or passport number, accompanied by an

authenticated copy of such passport, or registration

number, if any, and residential address of the

representative resident in Malta of such organisation;

(f) a copy of the constitutive deed of the organisation and

any amendments thereto authenticated by a Notary

Public in the case of a public deed, and by a Notary

Public or one administrator in other cases, and a

statement signed by the same person as aforesaid,

where the dates do not appear on the face of the

documents submitted, establishing the date when the

constitutive deed was drawn up and the dates when

any amendments were made thereto;

VOLUNTARY ORGANISATIONS

(g) a copy of the annual accounts for the last financial

year prior to enrolment, if any, prepared by the

applicant;

(h) annual reports of the organisation;

(i) annual accounts of the organisation, together with a

report of reviewers or auditors as may be required

under applicable law.

(2) Voluntary organisations shall be classified in the Register

according to their principal purpose or in such a manner as the

Commissioner may deem appropriate.

(3) On enrolment, the Commissioner shall allocate a unique

number to the voluntary organisation preceded by the letters "VO"

and that number shall at all times be quoted by the voluntary

o rg a n i s a t i o n o n a n y p u b l i s h e d m a t e r i a l s , l e t t e r s , n o t i c e s ,

advertisements and other documents issued by such organisation.

(4) The administrators and any representatives resident in Malta

shall be bound to submit an authenticated copy of any renewed

identity cards or passports within a reasonable time from the date of

expiry of the document or within three months of receipt of any

demand to that effect by the Commissioner.

(1) Any organisation has a right to enrol as a voluntary

organisation and enjoy the privileges under article 4 only if

(a) the social purpose of such organisation also qualifies

as a public purpose or public benefit as defined by this

Act; and

(b) it complies with the rules on form and content, as may

be, from time to time, prescribed by the

Commissioner

Provided that exemption from mandatory enrolment

under article 12B shall not, on its own, prevent an organisation from

enrolment.

(2) Unless exempt under article 12C, the organisations referred

to in article 12B are subject to mandatory enrolment in terms of this

Act.

(3)

Any voluntary organisation which -

(a) is not already enrolled in terms of this Act;

(b) is not subject to mandatory enrolment in terms of

article 12B;

(c) is not an exempt voluntary organisation in terms of

article 12C(2);

(d) being enrolled, ceases to be so enrolled on its own will

when permitted to do sounder this Act; or

(e) although subject to mandatory enrolment does not have a

social purpose,

is required to notify the Commissioner in writing of its

VOLUNTARY ORGANISATIONS

existence and its principal purpose in terms of article

12D, unless it ceases to be a voluntary organisation.

(4) Where a voluntary organisation either fails to enrol and, or

fails to notify when required to do so in terms of this Act, the

provisions under article 12E shall apply mutatis mutandis.

(1) Any voluntary organisation shall be required to enrol

under this Act in the following cases

(a) it makes or intends to make public collections; or

(b) it receives or is the beneficiary of grants, sponsorships

or other financial aid from the Government or

otherwise enjoys the privileges contemplated by this

Act, any regulations made thereunder or any other law,

or intends to be so eligible; or

(c) it is the beneficiary of any policies supporting

voluntary action as these may be developed by the

Government or intends to so benefit; or

(d) it receives or is the beneficiary of exemptions,

privileges or other entitlements in terms of any law or

intends to so benefit;

(e) it does not carry out activities as stated under

paragraphs (a) to (d) but has an income of more than

twenty-five thousand euro (€25,000) in any one year

or has an annual income of more than five thousand

euro (€5,000) for three consecutive years

Provided that this paragraph shall not apply in the case

of an organisation carrying out purposes and, or

activities or having sources of income other than those

related to the general public or public sources, even if

such organisation has a social purpose, unless this is

determined by the Commissioner in writing, of his

own motion or on the request of the organisation on

the basis of presumed public benefit

Provided further that the obligation to maintain

enrolment shall cease to apply if the organisation’s

level of income does not meet any of the relevant

thresholds for more than three consecutive years;

(f) it does not carry out activities as stated under

paragraphs (a) to (d) but it has capital assets of a value

exceeding five hundred thousand euro (€500,000)

irrespective of its income in any one year

Provided that this paragraph shall not apply in the case

of an organisation carrying out purposes and, or

activities or having sources of income other than those

related to the general public or public sources, even if

such organisation has a social purpose, unless this is

determined by the Commissioner in writing, of his

own motion or on the request of the organisation on

the basis of presumed public benefit

Provided further that the obligation to maintain

VOLUNTARY ORGANISATIONS

enrolment shall apply for at least five years and shall

cease to apply if thereafter the organisation’s level of

capital is below a value of one hundred thousand euro

(€100,000) and remains so for a period of three

consecutive years;

(g) the administrators shall be under an obligation to enrol

the organisation should it be so required by the statute,

whether original or as amended, or in case of an

association, if it is so resolved in a general meeting of

members or if at least thirty five per cent of its

members so request in writing provided that the

purpose of the organisation is for a public purpose or

benefit.

(2) There shall be a List of Enrolled Voluntary Organisations

which shall be maintained by the Commissioner in accordance with

this Act and in the manner he may consider appropriate to enable

any member of the public to verify the existence of an enrolled

voluntary organisation, and to obtain any other information

provided by it to the Commissioner.

(3)

The obligation to enrol shall arise

(a) in the case of an established organisation, within

ninety (90) days of its establishment but before

engaging in any of the activities or prior to receiving

any of the benefits referred to in sub-article (1);

(b) in the case of an established organisation, the income

of which exceeds any of the income thresholds stated

in sub-article (1)(e) or the capital of which exceeds the

threshold stated in sub-article (1)(f), within ninety (90)

days from the date on which any of the financial

thresholds referred to in sub-article (1)(e) or (f) is

exceeded, and in any case, prior to receiving any

additional benefits referred to in sub-article (1); and

(c) in the cases contemplated in paragraph (g), within

ninety (90) days from the relevant decision, resolution

or similar event.

(4) It shall be the responsibility of the administrators and, in

the case of sub-article (1)(e) and (f), also of any accountant,

reviewer or auditor, if any, of a voluntary organisation to ensure

compliance with the provisions of this article.

(5) Any accountant, reviewer or auditor, if any, engaged to

review the levels of income established in sub-article (1)(e) and, or

the capital in sub-article (1)(f), shall notify the administrators in

writing, with a copy to the Commissioner, if the duty to enrol arises

under this article and the obligation has not been fulfilled by the

administrators within the established time limits. In such case, the

Commissioner shall notify the administrators with a time limit for

enrolment, which shall not be less than ninety (90) days, and the

administrators shall be obliged to enrol the organisation within

such time limit as notified by the Commissioner.

(6)

For the purposes of this article

VOLUNTARY ORGANISATIONS

(a) "income" includes

(i)

any subsidies, grants and donations

made to the relevant organisation but does not include

internal transfers within and etween affiliated

organisations and any reference to a relevant

organisation’s annual income is to be read, in relation to

a particular time, as a reference to the organisation’s

gross consolidated income in its financial year

immediately preceding that time, having regard to all

affiliated organisations. "Affiliated organisations" for

the purposes of this article comprises any organisation

("parent") together with all organisations set up by the

same organisation ("subsidiaries"), other organisations

set up by any of the subsidiaries and, any organisations

established by the same founders or promoters to

achieve the same or complimentary purposes from

common efforts, funds or opportunities;

(ii) any cash deposit made with the

organisation or any other transfer of funds under terms

which indicate that it is not an ordinary commercial

arrangement but is intended to operate as a grant or

donation to the organisation; and

(iii)

membership fees;

(b) "financial aid" shall include any financial aid which is

available to the voluntary sector from the European

Union.

(7) In the event that the statute of the organisation describes it

to be for public purposes, voluntary or non-profit making and the

organisation appears to be carrying out any of the activities in sub-

article (1)(a) to (d); and -

(a)

the statute satisfies many of the requirements as

described in this Act for qualifying as a voluntary organisation

but also has features or elements in its statute which exclude it

from qualifying as such under this Act; and

(b)

any administrator, or any other person with the

consent, tacit or express, of any administrator, makes any

verbal or written public statement that the organisation’s

purposes are exclusively for public benefit and that it is non-

profit making thereby seeking or encouraging public support,

the organisation shall comply with the requirements of this Act and

shall enrol within ninety (90) days of the coming into force of this

article or within fifteen (15) days of a notice from the

C o m m i s s i o n e r, u n l e s s i t w i t h d r a w s o r c o r r e c t s a n y

misrepresentation and declares in writing not to repeat the same,

and amends its statute and other documentation clearly stating that

VOLUNTARY ORGANISATIONS

it is not a voluntary organisation and, where applicable, that the

carrying out of its purposes and, or activities are not related to the

general public or public sources, and which therefore, do not

qualify as a public purpose or public benefit, even if it has a social

Provided that

(a)

should it encounter any obstacles in complying

with the above within the said period, it shall apply to the

Commissioner for an extension of time to do so; or

(b)

if it cannot address any non-qualifying features

or elements for reasons which can be justified, it may

(i)

ask the Commissioner for a ruling that it

is not obliged to enrol until solutions are found but, if

such ruling is given, the organisation shall be prohibited

from carrying out any of the activities in sub-article

(1)(a) to (d) and, if it does so, the organisation and the

administrators shall be guilty of an offence; or

(ii) ask the Commissioner to permit

enrolment without full compliance with the provisions

of this Act together with a ruling on how the non-

qualifying features or elements are to be administered.

(8)

When the provisions of sub-article (7) apply and no

application is made by an organisation which is deemed by the

Commissioner to be subject to mandatory enrolment, the

Commissioner may issue an order in writing for the enrolment of

such organisation within the time period stated in the order. The

organisation may, during the period stated in the order, appeal to the

Tribunal which shall

(a)

confirm the Commissioner’s order for the

mandatory enrolment of the organisation; or

(b)

declare that the organisation is not a voluntary

organisation therefore not rendering such organisation subject

to mandatory enrolment but also confirming the prohibitions

to carry out acts or enjoy the privileges referred to in article

4(4).

(9)

Nothing in sub-article (1)(e) or (f) shall prejudice the

continuing enrolment of any organisation enrolled prior to the date of

the coming into force of this article.

(10) An organisation which is subject to mandatory

enrolment in terms of this article for reasons referred to in sub-article

(1)(c) or (d) and which has been enrolled for at least five (5) years

VOLUNTARY ORGANISATIONS

may apply to the Commissioner to be exempted from mandatory

enrolment if the activities, and, or purposes of the organisation and

the sources of its income are not related to the general public or

public sources and which therefore, do not qualify as a public

purpose or public benefit, even if it has a social purpose.

(11) Such organisation shall submit its latest accounts and

reports together with the request for exemption and if such request is

accepted by the Commissioner, the organisation shall not be entitled

to carry out acts or enjoy the privileges referred to in article 4(4) until

such time as it remains non-enrolled.

(12) The list of all enrolled voluntary organisations as may

from time to time be amended shall be made accessible to the public

on demand.

(1)

Without prejudice to the right to enrol under

article 12A, the following organisations shall be exempt from

mandatory enrolment under article 12B

(a) notwithstanding that the requirements giving rise to

mandatory enrolment may exist, the organisations

listed in Part I of the Second Schedule;

(b) the organisations listed in Part II of the Second

Schedule;

(c) those organisations or classes of organisations which

are temporarily or permanently exempted by order of

the Commissioner on compliance with the conditions

for exemption;

(d) upon the issue of the appropriate determination by the

Commissioner, the organisations referred to in the

exception to article 12B(1)(e) or (f); and

(e) any public purpose foundation which carries out the

activities under article 32A of the Second Schedule to

the Civil Code and which does not engage in any of the

activities in article 12B(1)(a) to (d)

Provided that a public offer of shares or debentures,

bonds or notes or other instruments shall not be

considered to be a public collection and shall be

governed by the law applicable to such offers.

(2) The organisations referred to in sub-article (1)(a), (b) and

(c) shall also be exempt from the duty to notify the Commissioner

under article 12D.

(1) Voluntary organisations which -

(a)

are not subject to mandatory enrolment;

(b)

are not exempt under article 12C(2);

(c)

on the basis of a determination by the

VOLUNTARY ORGANISATIONS

Commissioner, do not qualify for enrolment as they do not

have a social purpose which also qualifies as a public purpose

or public benefit;

(d)

have opted not to enrol when they may do so

under this Act; or

(e)

although subject to mandatory enrolment do not

have a social purpose,

shall notify the Commissioner of their existence and their principal

purpose by means of a "Non-Enrolment Notice" in the form

prescribed in the Third Schedule.

(2) There shall be a List of Non-Enrolled Voluntary

Organisations which shall be maintained by the Commissioner in

accordance with this Act and in the manner he may consider

appropriate to enable any member of the public to verify the

existence of a non-enrolled voluntary organisation, and to obtain

any other information provided by it to the Commissioner.

(3) The notification mentioned in sub-article (1) shall not grant

the Commissioner any rights nor impose any obligations upon him

in relation to such organisations nor shall it grant the organisations

making such notification any rights nor impose any obligations on

them, other than as provided in this Act.

(4) The administrators of a non-enrolled voluntary organisation

shall, by means of the relevant form in the Third Schedule, notify

the Commissioner of

(a)

any changes to the name or address of the

organisation;

(b)

any changes to the administrator or local

representative, where applicable, who is to be contacted on

behalf of the organisation; and

(c)

the merger or dissolution and winding up of the

organisation,

and the Commissioner shall amend or remove the form or forms

relating to such organisation in the records relating to Non-Enrolled

Voluntary Organisations as the case may be and shall amend the List

of Non-Enrolled Voluntary Organisations as necessary.

(5) The List of Non-Enrolled Voluntary Organisations, as may

from time to time be amended, shall be accessible to the public on

demand.

(1) An organisation which, when obliged to do so under

this Act, fails to enrol shall, notwithstanding the provisions of any

other law, be disqualified from benefiting under any grant,

sponsorship, any other financial aid from the Government or any

governmental policy supporting voluntary organisations or from

VOLUNTARY ORGANISATIONS

receiving or being the beneficiary of any exemptions, privileges or

other entitlements supporting organisations under any law, and any

act performed by such organisation which is in breach of this sub-

article shall be subject to revocation on the request of the Attorney

General who may act of his own initiative or at his discretion, on a

complaint made by the Commissioner or on a complaint made by

an enrolled voluntary organisation.

(2) Administrators who fail to enrol an organisation when such

enrolment is mandatory in terms of article 12B or who fail to notify

the Commissioner of the existence of the organisation in terms of

article 12D shall, upon the lapse of thirty (30) days after being

notified in writing by the Commissioner of the default and its

consequences, or on the lapse of the time limit stated under article

12G(2), be guilty of an offence and shall be liable, on conviction,

to a fine (multa) of not less than one hundred and twenty euro

(€120) for every default, and a fine (multa) of eleven euro and

sixty-five cents (€11.65) for every day such default continues.

(1) A foreign organisation which operates in Malta in any

manner and which is established -

(a)

for a public purpose or public benefit;

(b)

as non-profit making; and

(c)

is voluntary,

shall apply for enrolment by submitting the relevant form in the

Third Schedule to the Commissioner.

(2) The Commissioner may issue guidelines regarding the

enrolment of foreign organisations in terms of this Act.

(1) Should a voluntary organisation consider that

circumstances exist which create doubt as to whether it is subject to

mandatory enrolment or notification under this Act and it is of the

view that it is not required to enrol or to notify for any reason, it

shall be entitled to formally advise the Commissioner of its

position and state the relevant reasons and, until such time as the

Commissioner does not order otherwise, the organisation shall not

be considered to be in breach of article 12B or article 12D.

(2) Once the Commissioner rules that an organisation is

required to enrol or to notify in accordance with the preceding

articles, the Commissioner shall order, in writing, such organisation

to do so and set a time limit for such action.

(3) The organisation may appeal against such order in

accordance with article 25.

(4) Until the Commissioner determines any matter under sub-

article (1) or until the Tribunal determines any appeal, such

organisation shall not be considered to be in breach of article 12B

or article 12D but may not carry out the acts in article 12B(1)(a) to

(d) pending final determination.

VOLUNTARY ORGANISATIONS

(1) All applications for enrolment shall be made by the

submission of the prescribed application form to the Commissioner,

which form shall be accompanied by

(a) an original or a copy of the constitutive deed or statute

of the organisation and any amendments thereto

authenticated by a Notary Public in the case of a public

deed and by a Notary Public or one administrator in

other cases, and a statement signed by the same person

authenticating the deed or statute and any amendments

thereto as aforesaid. Where the dates do not appear on

the face of the documents submitted, establishing the

date or the approximate date, where this is not

available from other records, a document showing the

date when the constitutive deed or statute was drawn

up and the dates when any amendments were made

thereto;

(b) an explanation of how the public benefit shall be

achieved through the activities and purposes of the

organisation;

(c) the written consent of all the administrators that shall

hold office after enrolment;

(d) the enrolment fees; and

(e) any other document as required by this Act or by any

regulations made thereunder or as may be required by the

Commissioner.

(2) In considering an application and at any time thereafter, the

Commissioner may request the voluntary organisation to provide

further information about or make representations on

(a) the promoters, founders, administrators, donors and

beneficiaries;

(b) the assets and liabilities;

(c) the past, if any, present and intended activities of the

organisation;

(d) the purposes of the organisation and the intended

activities through which they are to be achieved; and

(e) any other matter on which the Commissioner may have

reservations or concerns in relation to the application.

(3) The Commissioner may accept or refuse any application for

enrolment on the basis of

(a) observance or otherwise of all formalities required by

this Act and any regulations made thereunder;

(b) presence or otherwise of any factors which bar

enrolment under a provision of this Act including any of

the qualifying elements as stated in article 3;

(c) the legality or otherwise of the proposed purposes of

the organisation having regard to the stated purposes

of the organisation and the stated intentions of the

promoters relating to its activities.

VOLUNTARY ORGANISATIONS

(4)

The Commissioner shall

(a) pay due regard to all information provided and

representations made, but in the event that the

applicant fails to provide any requested information or

to make representations the Commissioner shall

proceed with the determination of the application for

enrolment on the basis of the information available to

him;

(b) determine whether the organisation is eligible for

enrolment and if the organisation is eligible for

enrolment, the classification of the organisation’s

purposes;

(c) notify the applicant, in writing, of his determination,

and in case of a decision not to accept an application,

the reasons for such determination and when the reasons

relate to the absence or insufficiency of the public benefit

element of the purposes of an organisation, to provide a

reasoned analysis of his considerations in which case the

organisation shall be granted a reasonable opportunity to

make representations to the Commissioner on such

matter prior to the final decision being taken by the

Commissioner.

(5) The Commissioner shall seek to determine all applications

by not later than three (3) months from the date of the application

and failure to so determine and notify the applicant in accordance

with sub-article (4) within such time shall be deemed to mean that

enrolment has been accepted and the Commissioner shall process

the enrolment without any further delay

Provided that in the event that the applicant is a foundation

which has not yet been registered with the Registrar of Legal

Persons as required by law the duty of the Commissioner under this

sub-article to proceed with enrolment shall be suspended until the

date when the foundation is so registered

Provided further in the case of an enrolment taking place in

default of a determination as above stated, the Commissioner may

request in writing the enrolled voluntary organisation to comply

with legal requirements under this Act which may be applicable

and which have not been complied with. The enrolled voluntary

organisation shall be bound to fulfil such conditions within six (6)

months so as to retain its enrolment

Provided also that if the requirements are not fulfilled

within the aforementioned time period, the Commissioner shall

order the cancellation of the enrolment of the voluntary

organisation by the issue of a Cancellation Order after giving the

organisation thirty (30) days notice in writing

Provided further that if, however, the Commissioner

determines, after enrolment under this article, that the element of a

public purpose or public benefit in terms of these provisions is absent

in the relevant organisation, he may by notice in writing, order the

suspension or the cancellation of the enrolment of the voluntary

organisation by the issue of a Suspension Order or a Cancellation

VOLUNTARY ORGANISATIONS

Order, as appears appropriate in the circumstances, solely on such

basis.

(6) The Commissioner shall not enrol a voluntary organisation

even if only one of the administrators is a person who does not

qualify to be an administrator of an organisation or a trustee of a

trust in terms of applicable law.

(1) Upon being satisfied that the organisation is eligible

for enrolment in terms of this Act and is not in breach of the

provisions of this Act, the Commissioner shall

(a) enter the particulars of the voluntary organisation in

the Register;

(b) issue a Certificate of Enrolment with the identification

number of the voluntary organisation;

(c) specify whether the voluntary organisation is a

foundation, an association, a trust or a temporary

organisation; and

(d) specify the voluntary organisation’s enrolment

classification.

(2) Certificates of Enrolment shall be considered to be public

instruments and shall be surrendered to the Commissioner on his

demand in writing. The Commissioner shall be bound to provide

written reasons for any withdrawal of a Certificate of Enrolment when

making such written demand.

(3) The Certificate of Enrolment issued in terms of this article

shall not determine the fiscal status of a voluntary organisation or

the taxability or otherwise of its income and transactions.

(4) When a Certificate of Enrolment is surrendered, cancelled or

otherwise withdrawn it shall not be lawful for any person to use the

organisation’s identification number, unless otherwise determined by

the Commissioner for legitimate purposes or if he deems it necessary

in the circumstances.

The Commissioner shall refuse enrolment if, to the best of

his knowledge, the name of the organisation is already used by

another organisation, even if not enrolled, or if the proposed name

is offensive or is likely to deceive

Provided that in the event that a voluntary organisation has

been enrolled with a name which is already used by another

enrolled voluntary organisation, the Commissioner shall request the

voluntary organisation which has been last enrolled to change its

name.

(1) A voluntary organisation may be established as a

temporary organisation, by using the form in the Fourth Schedule, if it

is an organisation formed with one specific purpose, including the

raising of funds for a specific public purpose or to support another

enrolled voluntary organisation or, subject to article 16A, funds are

being raised to help a specific individual or individuals who may

suffer from needs which would qualify as a social purpose.

VOLUNTARY ORGANISATIONS

(2)

A temporary organisation

(a) is established by means of a written constitutive

instrument,by using the form in the Fourth Schedule,

including a statement of intent to achieve a specific

purpose within a short time not exceeding one year,

signed by the promoters and listing the acts which are

necessary to achieve the purpose for which it is

established;

(b) may not carry out any acts except those listed in the

constitutive instrument and ancillary and connected acts

and may not borrow money or enter into binding

financial obligations in advance of raising the

necessary funds to perform such obligations;

(c) must pay out, apply or otherwise distribute all its

assets for the achievement of the purpose by the date

of its expiration; and

(d) must submit to the Commissioner a closing statement

of account prior to the date of its expiration signed by

the administrators -

(i) explaining how it has achieved the purpose for

which it was established;

(ii) explaining how it has applied all its assets; and

(iii) attaching thereto any original documents or

agreements which may have been entered into by

such temporary organisation in connection with

the disposal or application of such assets.

(3) Upon being satisfied of compliance with this article, the

Commissioner shall

(a) enrol a temporary organisation on submission of the

relevant constitutive instrument; and

(b) cancel enrolment of such temporary organisation

without the need of winding up procedures on

submission of the relevant closing statement of

account in terms of subarticle (2).

(4) The Commissioner may, on the written request of the

administrators, consent to an extension of the expiration date of a

temporary organisation.

(5) If a temporary organisation does not comply with subarticle

(2)(c), its administrators shall be obliged to

(a) establish such organisation as a foundation or an

association in terms of the Second Schedule to the

Civil Code and apply to enrol it in terms of this Act; or

(b) pay all monies and other assets raised to the intended

purposes or the Voluntary Organisations Fund to be

applied to the purpose intended within two months of

the expiry date.

(6) If it appears to the Commissioner that a temporary

organisation has been set up repeatedly for the same or similar

purpose and by the same persons, or by some of them, then the

VOLUNTARY ORGANISATIONS

Commissioner may request that the administrators proceed to form

a voluntary organisation of extended duration in terms of law,

failing which the Commissioner may refuse to accept the repeated

enrolment of such temporary organisation.

(1) Notwithstanding the provisions of this Act or the

Public Collections Act, it shall not be lawful for any person to

make a public collection or call for financial support or otherwise

to raise any funds from the public for the benefit of a specific

individual, being himself or someone else, who may suffer from a

particular social, physical or other need or disability which

qualifies as a social purpose except through the establishment and

enrolment of a temporary organisation for such purpose and under

the conditions set out in this article.

(2) When such an organisation is established, such organisation

shall be considered to be for a public purpose notwithstanding that

it may have just one beneficiary on condition that

(a) any funds raised shall only be used for such

individual’s needs as declared in the appeal or

literature promoting the collection; and

(b) any excess funds not used for such individual’s benefit

shall be disposed of in favour of another enrolled

voluntary organisation with similar purposes unless

the temporary organisation is itself converted into a

voluntary organisation of extended duration to achieve

the relevant social purpose in general for public

benefit and not limited to one specific beneficiary.

(1) Voluntary Organisations shall have at least three

administrators

Provided that its beneficiaries or, in the case of minors,

the person exercising parental authority or the minors being its

beneficiaries cannot act as administrators.

(2) The administrators of the voluntary organisation shall be

bound by the provisions of this Act and the Second Schedule to the

Civil Code.

(3) Notwithstanding the provisions of the Civil Code governing

minors, guardianship and tutorship, minors who have attained the age

of sixteen (16) years shall be eligible to administer an organisation and

shall be vested with any rights pertaining to it and, or resulting

therefrom.

Any applicant whose application for enrolment has been

refused by the Commissioner shall have the right to appeal against

such decision to the Tribunal in terms of article 25.

(1) In carrying out his duties, the Commissioner may

recommend to the administrators, or in the absence of

administrators, to any identifiable members or promoters of the

enrolled voluntary organisation, the winding up of such

organisation.

(2)

On receiving a recommendation in terms of subarticle (1),

VOLUNTARY ORGANISATIONS

the recipients shall, as soon as practicable, call a meeting of all

interested persons to discuss such recommendation and take

decisions on the future course of action.

(3) The Commissioner may, on the written request of an

organisation which may be in financial difficulty, appoint external

administrators on a temporary basis in order to review the

circumstances and make recommendations on the future of such

organisation.

(4) In the case of enrolled voluntary organisations, the

Commissioner shall seek to assist the organisation to implement

solutions or achieve compliance prior to issuing any

recommendation in accordance with this article, or prior to issuing

an order in accordance with articles 19 and 20.

The Commissioner may order

(a) the suspension of the activities of an enrolled

voluntary organisation by the issue of a Suspension

Order, for such period as shall be specified in such

Suspension Order which period shall not exceed thirty

(30) days in any single Suspension Order; or

(b) the cancellation of the enrolment of a voluntary

organisation by the issue of a Cancellation Order,

which shall come into effect thirty (30) days from the

date on which the sole administrator or at least one of

the administrators was notified of such order, unless an

appeal is filed within the appeal period provided for in

article 25(1), in which case such order shall only have

effect if so determined and from the date established

by the Tribunal

Provided that nothing in this article shall hinder the operation

of a Suspension Order pending the decision of the Tribunal.

(2) The orders referred to in subarticle (1) may be issued if the

voluntary organisation -

(a) is not pursuing the purposes stated in the statute and in

so doing it is misleading the general public;

(b) is making public collections for purposes outside its

objects;

(c) carries out unlawful activities or is repeatedly acting in

contravention of the provisions of any law which are

mandatory;

(d) is failing to comply with the provisions of its statute or of

this Act or any regulations made thereunder or the

administration thereof is being carried out to poor

standards of corporate governance and continues to be so

carried out for a period in excess of three months

notwithstanding a written warning by the Commissioner;

(e) is misapplying funds, or is using funds or benefits

received for purposes other than those for which such

funds or benefits were granted;

VOLUNTARY ORGANISATIONS

(f)

appears to have continued operating after it has been

formally dissolved;

(g) has not functioned for a period which exceeds twenty-

four consecutive months;

(h) obtained enrolment on the basis of materially incorrect

or incomplete information that would have otherwise

resulted in a refusal had the correct or complete

information been known to the Commissioner.

(i) does not have a public purpose or its public purpose does

not meet the sufficient requirements, whether this is

determined by the Commissioner after the enrolment of

the organisation in accordance with article 13(5) or

otherwise; and in such a case the provisions of article

13(4) relating to the provision of reasons for such a

decision and the opportunity to make representations

shall apply mutatis mutandis.

Provided that the Commissioner may not instruct the

administrators on how to fulfil the purposes of the

organisation

Provided further that where the purpose of the

organisation is the advancement of religion, the

Commissioner shall rely on a statement issued by the

relevant religious authority regarding whether the

purposes of the organisation are being fulfilled.

(3) In those cases where a Suspension Order is issued, the

Commissioner shall indicate which of the activities of the organisation

are to be suspended and shall meet or communicate with the

administrators of the organisation, as soon as possible, to review the

situation and to obtain information and undertakings from the

administrators as necessary. The Commissioner may use such

information when reviewing any orders issued by virtue of this article.

(4) In a Suspension Order, the Commissioner may make any

ancillary orders, including an order to carry out any actions in

compliance with the statute of the voluntary organisation or the

provisions of this Act or any regulations made thereunder, as may

be appropriate.

(5) The Commissioner shall have the power to extend, amend

or revoke a Suspension Order, as he considers appropriate, on the

application of the administrators of the voluntary organisation, or

of his own motion.

(6) Until a Cancellation Order comes into effect in accordance

with sub-article (1)(b), the affairs of the voluntary organisation

shall continue to be administered by the administrators who shall

only carry out acts of ordinary administration or, in the case where

an appeal is pending, such acts as may be authorised by the

Commissioner or the Tribunal.

(7) The Commissioner may determine whether any suspension

of the activities of an organisation is to become permanent in

relation to all or part of the activities of the organisation and may

issue any relevant orders in relation to the future operations of the

VOLUNTARY ORGANISATIONS

organisation.

(8) In the case of a Cancellation Order based on the grounds

specified in sub-article (2)(a) to (e), the Commissioner shall have

the power to order the organisation to desist from carrying out any

further activities. In all other cases the Cancellation Order shall

include all determinations under such terms and conditions as the

Commissioner may consider appropriate in the circumstances

Provided that such order shall not imply a restriction of the

right of association of any persons involved in the organisation or

of the right to continue to operate the organisation without the

continuing benefits of enrolment under this Act.

(9) The Commissioner shall publish, in one local newspaper or by

means of a notice in the official website of the Office of the

Commissioner for Voluntary Organisations as the Commissioner may

consider appropriate in the circumstances of the case, any Cancellation

Orders which have become final with a brief statement as to the effects

of the order and such statement shall be re-published regularly for as

long as the Commissioner may consider necessary to ensure that the

necessary public awareness has been achieved.

(1) Il-Kummissarju jista’ jordna

(a) is-sospensjoni tal-attivitajiet ta’ organizzazzjoni

volontarja iskritta bil-ħruġ ta’ Ordni ta’ Sospensjoni,

għal dak il-perjodu li għandu jiġi speċifikat f’dik l-

Ordni ta’ Sospensjoni, liema perjodu m’għandux

jeċċedi t-tletin (30) ġurnata għal kull Ordni ta’

Sospensjoni; jew

(b) il-kanċellazzjoni tal-iskrizzjoni tal-organizzazzjoni

volontarja, bil-ħruġ ta’ Ordni ta’ Kanċellazzjoni, li

għandha tidħol fis-seħħ fi żmien tletin (30) ġurnata

mid-data li fiha l-amministratur uniku jew minn tal-

inqas wieħed mill-amministraturi jkun ġie nnotifikat

b’dik l-ordni, sakemm ma jiġix preżentat appell fi

żmien il-perjodu ta’ appell provdut fl-artikolu 25(1),

f’liema każ dik l-ordni ssir biss effettiva jekk jiġi hekk

deċiż u mid-data stabbilita mit-Tribunal

Iżda dan l-artikolu m’għandux jimpedixxi l-operat tal-Ordni ta’

Sospensjoni pendenti d-deċiżjoni tat-Tribunal.

(2) L-ordnijiet imsemmija fis-subartikolu (1) jistgħu jinħarġu

jekk l-organizzazzjoni volontarja

(a) ma tkunx qegħda ssegwi l-iskopijiet stabbiliti fl-istatut

u b’hekk tkun qegħda tqarraq bil-pubbliku;

(b) qiegħda tagħmel kollezzjonijiet pubbliċi għal għanijiet li

jaqgħu barra mill-objettivi tagħha;

(ċ) twettaq attivitajiet illegali jew qiegħda ripetutament

taġixxi bi ksur tad-dispożizzjonijiet mandatorji ta’

kwalunkwe liġi;

(d) qiegħda tonqos milli tosserva d-dispożizzjonijiet tal-istatut

tagħha jew ta’ dan l-Att jew kwalunkwe regolamenti

magħmulin taħtu jew l-amministrazzjoni tagħha qiegħda

titwettaq skont standards baxxi ta’ governanza

korporattiva għal perjodu li jeċċedi t-tliet xhur, minkejja

twissija bil-miktub mill-Kummissarju;

(e) tkun qegħda tapplika l-fondi tagħha ħażin, jew tkun

qegħda tuża fondi jew benefiċċji li tkun irċeviet għal

skopijiet li m’humiex dawk li għalihom dawk il-fondi

jew benefiċċji jkunu ingħataw;

(f) tidher li tkun baqgħet topera wara li tkun ġiet

formalment xolta;

(g) ma tkunx iffunzjonat għal perjodu li jeċċedi erbgħa w

għoxrin xahar konsekuttivi; jew

(h) tkun kisbet iskrizzjoni msejsa fuq informazzjoni li

tkun materjalment mhux korretta jew mhux kompleta u

li kienet mod ieħor twassal għal ċħid li kieku l-

Kummissarju kellu jkun jaf x’kienet l-informazzjoni

korretta jew kompleta.

(i) m’għandhiex skop pubbliku jew l-iskop pubbliku tagħha

ma jissodisfax ir-rekwiżiti suffiċjenti, sew jekk dan huwa

deċiż mill-Kummissarju wara l-iskrizzjoni tal-

ORGANIZZAZZJONIJIET VOLONTARJI

organizzazzjoni skont l-artikolu 13(5) jew xort’oħra; u

f’każ bħal dan, id-dispożizzjonijiet tal-artikolu 13(4)

relatati mal-għoti ta’ raġunijiet għal tali deċiżjoni u l-

opportunità li jsiru r-rappreżentazzjonijiet għandhom

japplikaw mutatis mutandis.

Iżda l-Kummissarju ma jistax jagħti istruzzjonijiet lil

amministraturi dwar kif għandhom jissodisfaw l-għanijiet

tal-organizzazzjoni

Iżda wkoll fejn l-iskop tal-organizzazzjoni huwa l-avvanz

tar-reliġjon, il-Kummissarju għandu joqgħod fuq

dikjarazzjoni maħruġa mill-awtorità reliġjuża rilevanti

dwar jekk l-għanijiet tal-organizzazzjoni hux qed

jintlaħqu.

(3) F’dawk il-każijiet meta tinħareġ Ordni ta’ Sospensjoni, il-

Kummissarju għandu jindika liema attività tal-organizzazzjoni għandha

tiġi sospiża u għandu jiltaqa’ jew jikkomunika mal-amministraturi tal-

organizzazzjoni, mill-aktar fis possibbli, biex tiġi riveduta s-sitwazzjoni

u biex jinkisbu informazzjoni u proġetti mill-amministraturi kif meħtieġ.

Il-Kummissarju jista’ juża tali informazzjoni meta jkun qed jirrevedi

kwalunkwe ordnijiet maħruġa abbażi ta’ dan l-artikolu.

(4) F’Ordni ta’ Sospensjoni, il-Kummissarju jista’ jagħmel

ordnijiet anċillari, inkluża ordni biex jitwettqu azzjonijiet li jkunu

konformi mal-istatut tal-organizzazzjoni volontarja jew mad-

dispożizzjonijiet ta’ dan l-Att jew ta’ regolamenti magħmulin taħtu,

skont ma jista’ jkun xieraq.

(5) Il-Kummissarju għandu jkollu s-setgħa li jestendi, jemenda jew

jirrevoka Ordni ta’ Sospensjoni, kif jidhirlu li huwa xieraq, wara li tkun

saritlu applikazzjoni mill-amministraturi tal-organizzazzjoni volontarja,

jew fuq inizjattiva tiegħu stess.

(6) Sakemm l-Ordni ta’ Kanċellazzjoni ssir effettiva skont is-

subartikolu (1)(b), il-ħwejjeġ tal-organizzazzjoni volontarja

għandhom ikomplu jiġu amministrati mill-amministraturi, li

għandhom iwettqu biss dawk l-atti ta’ amministrazzjoni ordinarja

jew, fil-każ fejn ikun hemm appell pendenti, dawk l-atti li jistgħu

jiġu awtorizzati mill-Kummissarju jew mit-Tribunal.

(7) Il-Kummissarju jista’ jiddeċiedi jekk is-sospensjoni tal-

attivitajiet tal-organizzazzjoni għandhiex issir permanenti fir-rigward

tal-attivitajiet kollha tal-organizzazzjoni jew parti minnhom u jista’

joħroġ kwalunkwe ordnijiet rilevanti fir-rigward tal-operat futur tal-

organizzazzjoni.

(8) Fil-każ ta’ Ordni ta’ Kanċellazzjoni msejsa fuq ir-raġunijiet

speċifikati fis-subartikoli (2)(a) sa (e), il-Kummissarju għandu

jkollu s-setgħa li jordna lil organizzazzjoni sabiex tieqaf milli

twettaq kwalunkwe attivitajiet ulterjuri. Fil-każijiet l-oħra kollha,

l-Ordni ta’ Kanċellazzjoni għandha tinkludi d-deċiżjonijiet kollha

taħt dawk it-termini u l-kundizzjonijiet li l-Kummissarju jista’ jqis

li huma xierqa fiċ-ċirkostanzi

Iżda dik l-ordni m’għandiex timplika r-restrizzjoni tad-dritt ta’

assoċjazzjoni ta’ kwalunkwe persuni involuti fl-organizzazzjoni jew tad-

dritt tat-tkomplija tal-operat tal-organizzazzjoni mingħajr il-benefiċċji

ORGANIZZAZZJONIJIET VOLONTARJI

kontinwi tal-iskrizzjoni taħt dan l-Att.

(9) Il-Kummissarju għandu jippubblika, f’gazzetta waħda lokali

jew permezz ta’ avviż fis-sit uffiċjali tal-Uffiċċju tal-Kummissarju għal

Organizzazzjonijiet Volontarji, kif il-Kummissarju jista’ jidhirlu li huwa

xieraq fiċ-ċirkostanzi tal-każ, kwalunkwe Ordnijiet ta’ Kanċellazzjoni li

jkunu saru finali b’dikjarazzjoni qasira dwar l-effetti tal-ordni u dik id-

dikjarazzjoni għandha tiġi ppubblikata mill-ġdid b’mod regolari kemm-

il darba l-Kummissarju jista’ jidhirlu li dan huwa meħtieġ sabiex jiżgura

li jkun intlaħaq l-għarfien meħtieġ tal-pubbliku.

(1) In the event of cancellation of enrolment of a

v o l u n t a r y o rg a n i s a t i o n , t h e a d m i n i s t r a t o r s s h a l l f o r t h w i t h

surrender, to the Commissioner, the Certificate of Enrolment of

such organisation and any person failing to surrender such

certificate within the time stated in the demand, in writing, by the

Commissioner, shall be guilty of an offence against this Act and

shall be liable, on conviction, to a fine (multa) of two hundred and

thirty-two euro and ninety-four cents (232.94) and a fine (multa) of

eleven euro and sixty-five cents (11.65) for every day of default.

(2) In the event of cancellation of enrolment of a voluntary

organisation, all privileges, benefits, advantages or entitlements

granted to such organisation by virtue of enrolment, shall cease to

have effect from the date when the decision to cancel takes effect

Provided that such loss of benefits shall not apply to the

acts required to liquidate and dissolve the voluntary organisation,

including any transfer of property to other organisations as required

by the statute of the voluntary organisation or the provisions of

applicable law.

(3) Cancellation for the reasons mentioned in article 19(2)(b),

(e) and (h) shall entitle the Commissioner to demand in writing the

refund of, or fair compensation for, any benefits unjustly received

by the voluntary organisation or any other person by virtue of its

enrolment in terms of this Act, and that demand, when done by

judicial letter, shall constitute an executive title against the

o rg a n i s a t i o n o r a n y n a m e d a d m i n i s t r a t o r i n f a v o u r o f t h e

Commissioner, in his own name or as trustee for the person entitled

to the refund or fair compensation as aforesaid. Any person

aggrieved by such order may appeal to the Tribunal within thirty

(30) days of receipt thereof

Provided that there shall lie a right of appeal by the person

aggrieved to the Court of Appeal from any confirmation of liability

by the Tribunal in terms of this sub-article.

VOLUNTARY ORGANISATIONS

(4) An order of the Commissioner against an organisation or any

named administrator shall be enforceable as an executive title once all

appeals have been exhausted or no appeals have been filed within the

relevant time limits.

(1) The Commissioner may, by the issue of a Suspension

Order, order the suspension of activities of a voluntary organisation

which is not enrolled if, in his reasonable opinion, any of the

grounds mentioned in article 19(2)(b), (c), (d) and (e) apply and

this for a period to be specified in the Suspension Order. Such

Order shall be notified to all or any one of the administrators, or in

their absence to such person who appears to the Commissioner to

be carrying out such activities

Provided that for the purposes of article 19(2)(b) the

relevant activity shall be the making of a public collection without

the necessary authorisations or, if authorised, when such collection

goes beyond the terms of the authorisation

Provided further that such suspension shall not exceed thirty

(30) days in any one Suspension Order and shall not be renewed more

than two consecutive times.

(2) An organisation which is served with such Suspension Order

shall suspend the activities which shall be specifically indicated in

the Suspension Order referred to in subarticle (1) until a final

decision is taken as to whether it may continue to act or otherwise.

(3) Any person failing to suspend activities within three days

from the receipt of the Suspension Order made to him by the

Commissioner to that effect, shall be guilty of an offence under this

Act and shall be liable, on conviction, to a fine (multa) of two

hundred and thirty-two euro and ninety-four cents (232.94) and a

fine (multa) of eleven euro and sixty-five cents (11.65) for every

day of default.

(4) The Commissioner may issue a Permanent Suspension Order

for the permanent suspension of designated activities by such

organisation, should he consider it necessary, under such conditions as

he considers appropriate.

(5) Any person aggrieved by a Suspension Order or a

Permanent Suspension Order issued under this article may appeal to

the Tribunal against the issue of such order within ten days of the

receipt of the written notice from the Commissioner.

(1) Without prejudice to the provisions of any other law,

in those cases where the Commissioner is of the opinion that a

person or voluntary organisation is making or has made abusive use

of a Certificate of Enrolment issued in terms of article 14 or has

made or made use of a forgery thereof, the Commissioner may

(a) prohibit such person from using such certificate by

giving notice to such person in writing; or

(b) issue public statements on the facts to warn the public

about any abuse by the person or voluntary

organisation; or

(c) (i) take action to seize any funds raised or public

VOLUNTARY ORGANISATIONS

collections made by such person or organisation and to

return such funds to the donor thereof, or if it is not

possible to locate donors within six (6) months from

such seizure, pay such funds into the Voluntary

Organisations Fund;

(ii) if considered necessary by the Commissioner

due to lack of co-operation by persons involved

or in the circumstances, he may request the First

Hall, Civil Court to issue an order attaching such

funds in the hands of third parties in general and

to prohibit any person or organisation from

transferring or from otherwise disposing of such

funds;

(iii) such order shall become operative and binding

on all third parties immediately as soon as it is

made, and the Commissioner shall cause a notice

thereof to be published without delay in the

Gazette and two (2) daily newspapers;

(iv) the Court may for particular circumstances vary

such order, and the provisions of the foregoing

paragraphs shall apply to such order as so

varied;

(v) every such order shall contain the name of the

person, and the number of his identity card or

passport or identification number and, if known,

his profession, trade or other status, father’s

name, mother’s name and maiden surname,

place of birth and place of residence or in the

case of an organisation, its name and registration

number or other identification number, if any;

(vi) the order shall cease to be in force when the

related civil or criminal proceedings are finally

determined by the Court or when the

Commissioner informs the Court that such order

is no longer required and in such event the

Commissioner shall cause a notice to that effect

to be published without delay in the Gazette and

two (2) daily newspapers.

(2) Prior to the taking of any of the actions referred to in sub-

article (1)(a), (b) and (c)(i), the Commissioner shall notify in

writing any person or organisation who appears to him prima facie

to have breached the provisions of sub-article (1), of his findings

and of the actions he intends to take and such person or

organisation shall be entitled to

(a) make submissions to the Commissioner within five

days from the date of receipt of the written notice; and

(b) file an appeal to the Tribunal within five (5) days of

notification of the decision of the Commissioner,

which appeal shall suspend any action taken by the

Commissioner in terms of sub-article (1) until final

determination by such Tribunal

VOLUNTARY ORGANISATIONS

Provided that until submissions are made to the Commissioner

and pending the Tribunal’s decision, the recipient of such notice shall

not transfer or dispose of such funds as he may control and, in case of

default, the recipient shall be guilty of an offence.

(1) The Financial Intelligence Analysis Unit, in fulfilling

the responsibilities assigned to it under the Prevention of Money

Laundering Act and any regulations made thereunder, may demand

access to the Register or to any information or documentation

relating to the operation of an enrolled voluntary organisation and

to the List of Non-Enrolled Voluntary Organisations.

(2) Upon receipt of any demand for access to the Register or

the List as aforesaid or to any information or documentation in

terms of sub-article (1), the Commissioner shall, as soon as is

reasonably practicable but not later than five (5) working days from

when the demand is first made and without levying any payment as

provided by article 40, give the Financial Intelligence Analysis

Unit such access or information or documentation, as the case may

be.

(1) It shall be the duty of all the administrators of a

voluntary organisation to implement appropriate procedures

relating to the prevention of money laundering and the funding of

terrorism so as to ensure that their organisation is not used for such

purposes. Such duties shall include but shall not be limited to

(a) confirming the identity, credentials and good-standing

of the persons or organisations which the voluntary

organisations support and obtaining evidence of the

identity of the persons who control such organisations;

(b) confirming the identity, credentials and good-standing

of other voluntary organisations, in Malta or overseas,

as well as other persons with whom the administrators

associate in carrying out activities to fulfil the

purposes of their organisation;

(c) identifying significant donors of the voluntary

organisation, being individuals or other organisations,

and, while respecting donor confidentiality, obtaining

evidence of identity of the relevant individuals or the

persons who control such other organisations;

(d) obtaining information on the source of funds which are

donated to the organisation;

(e) verifying that the assets of the organisation are used

lawfully and in a manner which is consistent with its

purposes and objects.

(2)

For the purpose of this article

(a) the administrators shall carry out their duties on a best

efforts basis;

(b) the administrators shall pay regard to the context and

the potential risk to money laundering or the funding

of terrorism; and

(c) "significant" shall mean any donations of fifteen

thousand euro (€15,000) or more, whether carried out

VOLUNTARY ORGANISATIONS

in a single operation or in several operations which

appear to be linked.

(3) In the case of voluntary organisations, the administrators of

which are not ordinarily resident in Malta, the duties mentioned in

the previous sub-article shall be carried out by the local

representative of the organisation.

(4) The administrators or the local representative of the

voluntary organisation, as the case may be, shall

(a) keep adequate records regarding the receipt and use of

all funds by the voluntary organisation, which records

shall be sufficiently detailed to verify that the funds

have originated from lawful activity and have been

used lawfully and in a manner consistent with the

purpose and objects of the organisation;

(b) ensure that the voluntary organisation has adequate

financial controls and financial management which are

essential to protect it against money laundering and the

funding of terrorism;

(c) ensure that there are appropriate internal procedures in

place within the voluntary organisation to encourage

staff and volunteers to report any vulnerability of the

organisation to the risk of money laundering and the

funding of terrorism to the administrators or the local

representative so that remedial action may be taken by

the organisation; and

(d) provide adequate training to staff and volunteers to

ensure they are familiar with the voluntary

organisation’s reporting procedures and financial

controls and know what actions to take if they suspect

money laundering and the funding of terrorism.

(1) Should the Commissioner discover facts or obtain any

information which raises a suspicion that funds received by a

voluntary organisation could be proceeds of criminal activity or

that the activities of a voluntary organisation could be related to

money laundering or the funding of terrorism, he shall promptly

disclose those facts or that information, supported by any relevant

documentation that may be available to him, to the Financial

Intelligence Analysis Unit.

(2) The Commissioner may furthermore order the voluntary

organisation to appoint, within a stated time period and at its own

cost, an advocate, a notary public, an auditor or an authorised

company service provider, being independent from such voluntary

organisation, to review the records and activities of the voluntary

organisation for a stated period and to report to the Commissioner

on the compliance or otherwise to the provisions of this Act

relating to the prevention of money laundering and the funding of

terrorism.

Any terms relating to the prevention of money laundering

and the funding of terrorism and related terms shall have the

meaning ascribed to them in the Prevention of Money Laundering

VOLUNTARY ORGANISATIONS

Act or regulations made thereunder.

PART V

OF APPEALS TO THE

ADMINISTRATIVE REVIEW TRIBUNAL

(1) The Administrative Review

Tribunal shall be

competent to hear and determine appeals in terms of article 25.

(2) The provisions of the Administrative Justice Act, in so far

as they apply to the Administrative Review Tribunal, shall apply

to any proceedings before the said Tribunal and the words "public

administration" in the said enactment shall be construed as a

reference to the Commissioner.

(3) The provisions of article 25 of the Administrative Justice

Act shall apply to any proceedings pending before the Board of

Appeal and any such proceedings shall be assigned to the

Administrative Review Tribunal in terms of the aforesaid article 25

with effect from 1st May, 2012.

The Tribunal shall have jurisdiction in relation to any breach

of the provisions of this Act or any regulations made thereunder when

such breach does not constitute a criminal offence.

PART VI

RIGHT OF APPEAL AND DISPUTE RESOLUTION

(1) Any person or organisation aggrieved by any decision of

the Commissioner may appeal from the decision within thirty (30)

days of receipt thereof.

(2) Appeals shall be made in writing and shall be lodged with the

Tribunal in accordance with the provisions of the Administrative

Justice Act or shall be made in the manner as may be prescribed by

regulations made by the Minister by virtue of this Act.

(3) All appeals shall be made by application to the Tribunal,

which application shall be served on the Commissioner by the

applicant.

(4) An application to the Tribunal may also be made by a

founder, administrator, member, donor or beneficiary of a voluntary

organisation in his individual capacity having an interest in the

affairs of the voluntary organisation for an order on the affairs of

such organisation on the grounds that such organisation is not being

administered in accordance with this Act, any regulations made

thereunder or as provided in the statute of such organisation.

(5) The Tribunal shall give reasons for its decisions and shall

cause such decisions to be made public but the names of the

persons involved shall be omitted if such Tribunal considers it

appropriate for reasons of privacy.

(6) In determining an appeal the Tribunal may dismiss the

appeal or annul, revoke or substitute the decision of the

Commissioner or any administrator or general meeting of a

voluntary organisation.

VOLUNTARY ORGANISATIONS

Compliance with any instructions of the Commissioner or

with the Tribunal’s determination shall not be interpreted as a

renunciation of the right to seek review of the Commissioner’s or

Tribunal’s determination

(1) The Commissioner may, on becoming aware of a

dispute involving a voluntary organisation or persons connected

therewith, even if out of his own initiative, provide assistance in

the resolution of such disputes through

(a) the facility of advisory opinions by experts chosen

from a panel of persons (hereinafter referred to as "the

Advisory Panel");

(b) assistance to the parties to the dispute by referring

such dispute to mediation and, where necessary,

impose mandatory reference to mediation as provided

herein;

(c) assistance to the parties to the dispute to make

reference to arbitration in accordance with the

provisions of Part IV of the Arbitration Act.

(2) The Commissioner shall encourage and assist parties to a

dispute involving a voluntary organisation to resolve the issue by

mutual agreement by referring it to the Advisory Panel, to

mediation or failing that, to arbitration.

(3) The Commissioner may organise information, educational

and training events in relation to alternative dispute resolution

systems for the benefit of voluntary organisations.

(4) For the purposes of this Part, a dispute involves a voluntary

organisation if it relates to

(a) a dispute between members of a voluntary organisation

or between members and one or more administrators

relating to the affairs of the voluntary organisation,

including the payment of membership fees, the

expulsion of members and similar issues; or

(b) a dispute between the founders and the administrators

of a foundation or the settlors or beneficiaries of a

charitable trust and the trustees relating to the affairs

of the voluntary organisation or charitable trust as the

case may be; or

(c) a dispute between administrators of a voluntary

organisation; or

(d) a dispute between voluntary organisations relating to

activities, events and related matters; or

(e) a dispute between a voluntary organisation and a

donor, sponsor, beneficiary or other person who has

relations with the voluntary organisation, other than

purely commercial relations for the supply of goods or

services; or

(f) a dispute between a volunteer and a voluntary

organisation; or

(g) without prejudice to any law relating to employment, a

VOLUNTARY ORGANISATIONS

dispute between an employee of a voluntary

organisation and the voluntary organisation, which

shall be handled in collaboration with the Director for

Employment and Industrial Relations; or

(h) a dispute between the Government and a voluntary

organisation in relation to any management or other

contract entered into for the rendering of services.

(1) The Advisory Panel shall be composed of persons

who, in the opinion of the Commissioner, are qualified to carry out

the duties of advisors in matters relating to voluntary organisations

and the voluntary sector in general.

(2)

The Advisory Panel shall

(a) communicate with the parties to the dispute

immediately on the referral of such dispute by the

Commissioner;

(b) organise meetings between the parties, as may be

necessary, in order to resolve the dispute;

(c) consider the causes and circumstances of the dispute;

(d) endeavour to bring about amicable settlement of the

dispute as expeditiously as possible;

(e) make recommendations, as deemed fit, in order to

resolve the dispute;

(f) in the event of failure to achieve amicable settlement

make recommendations for mediation or arbitration in

terms of articles 29 and 30.

(1) When the Commissioner refers a dispute involving a

voluntary organisation to mediation, the Commissioner shall do so

by notice in writing to the parties and the parties shall be bound by

such reference

Provided that the Commissioner shall in the notice state

who is responsible for the commencement of the proceedings and

shall establish a time therefor, failing which the other party or

parties may commence mediation proceedings themselves.

(2) Each party referred to mediation shall be bound to act in

good faith in the conduct of such proceedings and any party may

withdraw from mediation procedures at any time

Provided that if the mediator considers that a party has not

demonstrated good faith in his conduct to promote or proceed with

the mediation, then the mediator may order costs to be borne by

such party.

(3) The Malta Mediation Centre may, after having consulted

the Council, from time to time, prescribe rules governing mediation

procedures in relation to voluntary organisations, including rules

on the appointment of a mediator by such Centre in the event that

the parties fail to agree on such appointment.

(4) The Council shall, from time to time, advise the Malta

Mediation Centre in the drawing up of a panel or panels of

VOLUNTARY ORGANISATIONS

mediators on matters involving voluntary organisations.

(1) When a dispute as defined in article 27 is submitted to

arbitration under the rules of the Malta Arbitration Centre, the

dispute shall, in the absence of agreement to the contrary by the

parties involved, be determined in accordance with the provisions

of the Arbitration Act and the arbitral tribunal shall take into

consideration general principles of good practice, transparency and

fairness that are generally accepted and applied within the

voluntary sector.

(2) The Council shall, from time to time, advise the Malta

Arbitration Centre in the drawing up of a panel or panels of

arbitrators on matters involving voluntary organisations.

(3) The Malta Arbitration Centre may, after having consulted

the Council, from time to time prescribe rules governing arbitration

procedures involving voluntary organisations.

PART VII

OFFENCES

Where any person acts in breach of any of the provisions of

this Act or any regulations made thereunder, and a specific penalty

is not provided for the offence under this Act or any regulations

made thereunder, such person shall, on conviction, be liable to a

fine (multa) of not less than one hundred and sixteen euro and

forty-seven cents (116.47) but not more than two thousand and

three hundred and twenty-nine euro and thirty-seven cents

(2,329.37) or to a term of imprisonment for a period not exceeding

six months, or to both such fine and imprisonment.

Any person who -

(a) in any manner, forges or alters a Certificate of

Enrolment of a voluntary organisation;

(b) acts or purports to act on behalf of an enrolled

voluntary organisation when he is not authorised to do

so and raises funds or acquires assets or achieves any

personal benefit from so doing;

(c) gives the impression that an existing organisation is a

public benefit organisation, non-profit making or

voluntary organisation when it is not;

(d) makes abusive use of a Certificate of Enrolment or of a

voluntary organisation’s identification number;

(e) gives the impression that an organisation has a

voluntary organisation identification number when it

has none or uses a non-existent identification number;

(f) acts or purports to act in the name of a public benefit,

non-profit making or voluntary organisation which

does not exist,

shall be guilty of an offence and shall be liable to the same

punishment as provided for in article 183 of the Criminal Code.

VOLUNTARY ORGANISATIONS

(1) Any person who knowingly acts or purports to act as

an administrator of a voluntary organisation but who does not

acquire any assets or achieve any personal benefit from doing so

without having been duly appointed or elected as an administrator

of such organisation, shall be guilty of an offence punishable as a

contravention unless the actions of the said person constitute a

more serious offence under any other law, in which case it shall be

punishable accordingly.

(2) Any person who makes or attempts to make a public collection

when not enrolled as a voluntary organisation under this Act shall be

guilty of an offence unless such person has obtained a licence or is

exempt from the requirement of obtaining a licence in terms of the

Public Collections Act.

(1) The Commissioner may, investigate the affairs of any

voluntary organisation at any time and may demand from any

person, in writing, any relevant information relating to the

operation of a voluntary organisation or related to any person

involved in the activities of a voluntary organisation, if he receives

what he considers to be a valid complaint in writing or if he has

cause to believe that such information is necessary in order to

establish whether a voluntary organisation is acting in compliance

with the provisions of this Act or any regulations made thereunder

Provided that where the complaint arises from a member of the

public who seeks information required to be filed with the

Commissioner under this Act which is for any reason absent from the

Register, the complaint need not be in writing and the Commissioner

shall be entitled to presume that the complaint is valid on establishing

that the information is absent from the Register and he may then

p r o c e e d t o t a k e a c t i o n a g a i n s t t h e o rg a n i s a t i o n a n d , o r i t s

administrators without the need for a formal investigation under this

article.

(2) Any person who fails to provide information and

documentation as aforesaid, within ten (10) days of being requested to

do so, and destroys or defaces documents, or attempts to destroy or

deface documents, required by the Commissioner pursuant to this

article shall be guilty of an offence.

(3) The Commissioner may issue directives demanding

compliance with any of the provisions of this Act or any

regulations made thereunder and failure on the part of any person to

comply with such directives shall constitute a breach of duty.

(4) The Commissioner may set a period for compliance with

any directives he may give or for compliance with any of the

provisions of this Act or any regulations made thereunder and may

impose penalties for non-compliance within such period

Provided that such penalties shall not exceed two thousand

and three hundred and twenty-nine euro and thirty-seven cents

(2,329.37) for the breach of a directive and one hundred and

sixteen euro and forty-seven cents (116.47) for each day of non-

compliance and such penalties shall be paid to the Voluntary

Organisations Fund.

VOLUNTARY ORGANISATIONS

(5) Any person or organisation who receives a communication

in terms of this Part of this Act shall be entitled to apply to the

Tribunal on the basis that such investigation, directive, order or

penalty is not justified or reasonable in the circumstances and the

Tribunal may give any directions it considers appropriate and any

penalties imposed by the Commissioner in terms of subarticle (4)

shall be suspended until final determination by the Tribunal.

(6) A demand under this article may also be sent to a person

who is bound by a duty of professional secrecy under the

Professional Secrecy Act and for the purposes of article 6A of such

Act the Commissioner shall be considered to be a public authority.

Any information obtained by the Commissioner upon such a

demand shall be used exclusively for the purposes of this article.

(7) Notwithstanding the provisions of sub-article (1), the

Commissioner has the right to request any other information

required in terms of the provisions of this Act including personal

information and any other data of identification of a person,

provided that such data is not divulged to third parties without the

written consent of the persons involved and provided this

information is in conformity with the provisions of the Data

Protection Act.

(8) For the purpose of sub-article (7) any personal information

may include but shall not be limited to

(a) names of donors and beneficiaries;

(b) names of sponsors;

(c) details of any other person or entity with whom the

organisation would have made any kind of transaction

including financial transactions;

(d) personal details of employees including payslips;

(e) beneficiaries of companies (including shareholders)

Provided that the requirements mentioned in paragraphs

(a), (b) and (c) are necessary for the purpose of maximum

transparency and accountability and may enable the Commissioner in

identifying any irregularities or suspicions from annual returns and

reports and eventually take any necessary action

Provided further that the requirements under paragraphs

(d) and (e) shall only be requested by the Commissioner in

exceptional cases and shall not be made accessible to the public.

(9) For the purpose of this article, the Commissioner shall also be

vested with the power to request the banks or any financial authority or

entity for any other information required in terms of the provisions of

this Act and he shall have the right to obtain such information as may

be required without the need of having to file an action before the

Tribunal or the Civil Court.

VOLUNTARY ORGANISATIONS

(10) Saving the provisions of sub-article (9), the Commissioner

is entitled to obtain any information from other entities or authorities

including, but not limited to, the Registrar for Legal Persons, the Malta

Security Service, Jobsplus, the Commissioner of Police, the

Commissioner for Revenue, the Financial Intelligence Analysis Unit,

the Asset Recovery Bureau, the Malta Financial Services Authority

and the Courts of Justice, and also to disclose any information to such

other entities or authorities

Provided that such information may include any other

information from the Registrar of Courts and, or the Office of the

Attorney General or the Office of the State Advocate respectively,

relating to any pending criminal or civil proceedings, with particular

reference to any information concerning the attachment, freezing,

confiscation and seizure of assets

Provided further that any privileged information obtained by

the Commissioner upon such request, shall be used exclusively for the

purposes of the powers vested in him in terms of this article and shall

not be made accessible to the public.

(11) The Commissioner may also request any member or

administrator of the voluntary organisation, or those claiming or

alleging to be members or administrators of the voluntary organisation

concerned, to submit a conduct certificate issued under the Conduct

Certificates Ordinance, and may refuse to issue an enrolment

certificate or withdraw any issued enrolment certificate to such

member or administrator of the voluntary organisation who fails to

provide such conduct certificate.

(12) Subject to the provisions of sub-article (3) of article 3 of the

Conducts Certificate Ordinance, the Commissioner may, in the

course of his investigations, request a complete record of criminal

convictions of any member or administrator of a voluntary

organisation. The Commissioner may refuse to issue an enrolment

certificate, or withdraw any issued enrolment certificate, if the person

to whom the record of criminal convictions relates refuses to give his

consent as required under sub-article (3) of article 3 of the Conducts

Certificate Ordinance.

PART VIII

COUNCIL FOR THE VOLUNTARY SECTOR

(1) There shall be a body, to be known as the Malta

Council for the Voluntary Sector, which shall have a distinct legal

personality. The role of the Council shall be to promote the

voluntary sector, provide a forum for the voluntary sector and a

platform from which to develop co-operation between voluntary

organisations and the Government and co-operation between

voluntary organisations amongst themselves. The Malta Council

f o r t h e Vo l u n t a r y S e c t o r s h a l l a l s o a s s i s t a n d a d v i s e t h e

Commissioner for the Voluntary Sector.

VOLUNTARY ORGANISATIONS

(2) The Council shall be composed of a Chairperson and

another ten members, who shall be appointed as follows

(a) one (1) member shall be appointed by the Minister to

represent the Government;

(b) four (4) members shall be appointed by the Minister in

accordance with sub-article (3) from among the

voluntary sector in order to represent voluntary

organisations; and

(c) six (6) members shall be elected directly by the

voluntary sector.

(3) The four (4) members of the Council who are appointed by

the Minister to represent voluntary organisations shall be appointed

after the receipt of nominations following a public call by the

Minister for nominations in the following manner

(a) one (1) member to represent founders of and donors to

voluntary organisations;

(b) one (1) member to represent members of voluntary

organisations and volunteers;

(c) one (1) member to represent administrators of

voluntary organisations; and

(d) one (1) member to represent foreign and international

organisations

Provided that where there is more than one nomination

representing a particular sector, the Minister shall

appoint such members from among the nominations

received

Provided further that where no nominations are

received, the Minister shall appoint such members at

his discretion

Provided further that prior to appointing the members

of the Council, the Minister shall consult with the

Social Affairs Committee of the House of

Representatives or any other committee substituting

the same immediately upon receiving the nominations.

(4) (a) The six (6) members of the Council who are elected

d i r e c t l y b y t h e v o l u n t a r y o rg a n i s a t i o n s e n r o l l e d w i t h t h e

Commissioner for Voluntary Organisations shall be representative

of the following sectoral groups

(i)

one (1) member from the Social and

Humanitarian Sector;

(ii) one (1) member from the Health and Disability

Sector;

(iii) one (1) member from the Education, Youth and

Sport Sector;

(iv) one (1) member from the Environmental Sector

and the Animal Welfare Sector;

(v) one (1) member from the Arts and Culture

Sector; and

VOLUNTARY ORGANISATIONS

(vi)

one (1) member from the Non-Governmental

Organisations Sector in Gozo.

(b) All members of the Council shall be remunerated for

their services in relation with their duties and

functions carried out in terms of article 36(2) and (3)

Provided that such remuneration shall be established at

eight hundred euro (€800) per annum.

(5) The Chairperson of the Council and the Deputy

Chairperson shall be appointed by the Council from among the

members of the Council. The Council shall be assisted by a

(6) Where the Chairperson is absent from Malta or is otherwise

temporarily unable to perform the functions of his office, the

Deputy Chairperson shall act as Chairperson and shall exercise all

the powers and functions of the Chairperson.

(7) A person shall not be qualified to be appointed or to hold

office as a member of the Council if he

(a) is a Judge, a Magistrate, a Member of the House of

Representatives or a Local Council, or a candidate for

election to the House of Representatives or a Local

Council; or

(b) is legally incapacitated or interdicted; or

(c) has been declared bankrupt or has made a composition

or arrangement with his creditors; or

(d) has been convicted of a crime affecting public trust or

theft or fraud or of knowingly receiving property

obtained by theft or fraud; or

(e) is subject to disqualification under article 320 of the

Companies Act or is involved or has interest in any

enterprise or activity which is likely to affect the

proper discharge of his function as a member of the

Council.

(8)

Subject to the provisions of this article, the office of a

member of the Council shall become vacant

(a) at the expiration of his term of office;

(b) if a member of the Council is absent for more than half

of the meetings of the same Council in a calendar year

or three consecutive meetings without an excuse; or

(c) if any circumstances arise that, if he were not a

member of the Council, would cause him to be

disqualified for appointment as such.

(9) A member of the Council may be relieved from office by

the Minister on the ground of inability to perform the functions of

his office, whether due to infirmity of mind or body, or to any other

cause, or on the ground of misbehaviour.

(10) A member of the Council may resign from his office by

means of a letter to the Minister. If a member resigns or is relieved

VOLUNTARY ORGANISATIONS

from office by the Minister or if the office of a member of the

Council is otherwise vacant, the vacancy shall be filled reflecting

the person’s appointment in terms of sub-article (3), as the case

may be, and any person so appointed shall continue in office for the

remaining period of the term of office of the person whom he is

substituting and shall be eligible for re-appointment.

(11) The Council shall meet at least once every three (3) months

and shall be convened by the Chairperson

Provided that the Chairperson shall convene a meeting of

the Council when requested to do so by at least three members

(12) The Council shall, subject to the provisions of this Act,

regulate its own procedures.

(13) The Council shall appoint a sub-committee composed of three

(3) members of the Council. The sub-committee shall have a quorum

of two (2) members and the written response of the two (2) members

agreeing or disagreeing to a recommended course of action shall

suffice as an expression of the views of the committee.

(14) The term of office of the Council shall be of three (3) years and

the said Council may be eligible for re-appointment.

(1) The powers of the Council are

(a) to carry out such functions and have such powers as

may be prescribed, from time to time, by the Minister

responsible for the voluntary sector by means of

regulations made by virtue of this Act;

(b) to provide a consultative forum that can effectively

address issues related to the voluntary sector;

(c) to

assist

the

Commissioner

for Voluntary

Organisations;

(d) to provide a platform from which to develop co-

operation between voluntary organisations and the

Government;

(e) to stimulate co-operation and networking between

voluntary organisations;

(f) to administer the Voluntary Organisations Fund in

terms of article 37(3);

(g) to promote and encourage a culture of volunteering

and participation in volunteering activities among

people, especially children and youths, as an aspect of

personal and social development;

(h) to foster co-operation in the voluntary sector with

local and international bodies, entities or other persons

for the encouragement and promotion of the

development of volunteering programmes, initiatives

and activities; and

(i) to encourage, in furtherance of the principle of

subsidiarity, non-governmental bodies and private

entities or persons and local councils to contribute to

VOLUNTARY ORGANISATIONS

the promotion of volunteering in Malta.

(2)

The functions of the Council are

(a) to provide on-going guidance and advice in relation to

the implementation of the Council’s strategy;

(b) to support, develop and promote the interests and work

of all voluntary organisations in Malta and Gozo;

(c) to meet the ever-increasing needs of the voluntary

sector;

(d) to make recommendations to the Minister on a national

volunteering policy, or otherwise, in relation to the

development of volunteering;

(e) to develop and implement policies and strategies for

the furtherance of its objectives and functions, to

initiate, encourage and facilitate research and

development in relation to volunteering;

(f) to promote and ensure the education and preparation of

volunteer administrators and officials with the

required vocational and professional competencies,

and to promote, organise or assist by whatsoever

means, educational schemes for volunteers;

(g) to promote and ensure the establishment, development

and maintenance and proper use of the Voluntary

Organisation Centre, to be of service and a resource to

voluntary organisations;

(h) when so directed by the Minister, to represent the

Government of Malta internationally or regionally in

matters related to the voluntary sector as may be

designated by the Minister;

(i) to support voluntary organisations in the acquisition of

both local and EU funds;

(j) to collect and distribute information, and provide

advice, on matters related to the activities of the

Council;

(k) to keep a register of bona fide voluntary organisations,

entities and other persons who are considered to be

voluntary organisations;

(l) to raise money and to administer and expend money

appropriated by the House of Representatives or

otherwise received from other sources;

(m) to consult and co-operate with local councils and other

persons on matters related to the voluntary sector;

(n) to draw up, develop and amend, from time to time, a

Code of Ethics to be followed by volunteers and

voluntary organisations; and

(o) to carry out such functions and have such powers as

may be prescribed, from time to time, by the Minister

responsible for Social Policy by means of regulations

made by virtue of this Act.

VOLUNTARY ORGANISATIONS

(3) Subject to the provisions of this Act, the Council has the

power to do all things necessary or convenient to be done in

connection with the performance of its functions and shall be

capable, subject to the provisions of this Act, of entering into

contracts, of acquiring, holding and disposing of any kind of

property for the purposes of its functions, of suing and being sued,

and of doing all such things and entering into all such transactions

as are incidental or conducive to the exercise or performance of its

functions under this Act, including the lending or borrowing of

money.

(4) The legal and judicial representation of the Council shall

be vested in the Chairperson and the Deputy Chairperson in the

absence of the former, or in any other person under such terms and

conditions and with such powers as the Council may from time to

time by resolution determine.

(5) Any document purporting to be an instrument made or

issued by the Council and signed by the Chairperson shall be

received in evidence and shall, until the contrary is proved, be

deemed to be an instrument made or issued by the Council.

(6) The Council may engage or employ persons to perform

services for the Council and may enter into any agreement to

exercise any of its functions through the agency or services of any

person.

(7) The Council shall engage a Chief Executive Officer in

terms of the Public Administration Act, and

(a) subject to the other provisions of this Act and to any

directions of the Council, the executive conduct of the

Council, its administration and organisation and the

administrative control of its officers and staff, shall be

the responsibility of the Chief Executive Officer, who

shall also have such other powers as may from time to

time be delegated to him by the Council;

(b) the Chief Executive Officer shall also be responsible

for the implementation of the objectives of the Council

and the exercise of its functions and without prejudice

to the generality of the foregoing he shall develop the

necessary strategies, policies and regulations for the

implementation of the objectives of the Council,

advise the Council on any matter it may refer to him or

on any matter which he considers necessary or

expedient, and perform such other duties as the

Council may assign to him from time to time;

(c) the Chief Executive Officer shall have the right to

attend all the meetings of the Council. The Chief

Executive Officer shall not, however, have a vote or be

counted for the purpose of constituting a quorum; and

(d) the Chief Executive Officer shall perform all his duties

only under the direction of the Council.

(8)

The Council may

(a) obtain commercial sponsorship for the Council and

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participate in marketing arrangements involving the

endorsement by the Council of products and services

associated with volunteering;

(b) arrange for the manufacture and distribution (whether

for profit or otherwise) of any article or thing bearing a

mark, symbol or writing that is associated with the

Council; and

(c) provide (whether for profit or otherwise) goods and

services to persons using, or otherwise attending at,

facilities of the Council.

(9) The Council may charge or impose such reasonable fees in

respect of

(a) access to, or use of, any of its resources or facilities;

and

(b) the provision by it of programs, services, information

and advice.

(10) The Council shall meet as often as may be necessary or

expedient. The meetings of the Council shall be convened by the

Chairperson either of his own initiative or at the request of at least

four (4) of the other members.

(11) The Council shall not act unless a quorum consisting of not

less than fifty percent plus one (50% +1) of the appointed members

are present.

(12) The meetings of the Council shall be chaired by the

Chairperson or, in his absence, by the Deputy Chairperson.

(13) Decisions of the Council shall be taken by a simple

majority of the votes of the members present and voting. In the case

of equality of votes, the Chairperson or in his absence the Deputy

Chairperson shall have and exercise a second or casting vote.

(14) Without prejudice to the other provisions of this Act, no

decision shall be valid which is not supported by at least four (4)

members of the Council.

(15) Any vacancy among the members of the Council, and any

participation therein by a person not entitled so to do, shall not

invalidate the proceedings of the Council.

(16) The Minister may, after consultation with the Council,

from time to time give to the Council such directives in writing as

he may deem appropriate and not being inconsistent with the

provisions of this Act, and the Council shall, as soon as may be,

comply with and give effect to all such directives and shall conduct

its affairs accordingly.

(17) The Council shall afford to the Minister all necessary

facilities for obtaining information with respect to the property and

activities of the Council and furnish him with returns, accounts and

other information with respect thereto, and afford him the

necessary facilities for the verification of information furnished, in

such manner and at such times as he may reasonably require.

(18) For the purposes of this Act the Council shall submit to the

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Minister for his approval, a two-year strategic plan which

establishes clear objectives and targets to attain its principal aims

and objectives during the said period in fulfilment of its functions

under this Act.

(19) The aforementioned strategic plan shall be presented to the

Minister for his approval not less than two (2) months before the

commencement of the period to which the strategic plan relates,

and shall come into force on the day on which it is approved by the

Minister or the day of commencement of the period to which it

relates, whichever is the later

Provided that the first strategic plan shall be prepared by

the Council and submitted to the Minister for approval within six

(6) weeks from the date of appointment of the Council.

(20) The Council shall also from time to time during the period

in respect of which a strategic plan is in force, consider and

propose to the Minister any necessary variations to the said plan

and, following approval by the Minister, vary the said plan.

(21) The Council shall at the beginning of each year in respect

of which a strategic plan is in force, prepare an operational plan

that articulates the programmes, initiatives and activities that it will

undertake in fulfilment of the objectives defined in the said

strategic plan for the said year.

(22) (a) Subject to the provisions of the Constitution and of any

other enactment applicable thereto, including this Act, the Council,

acting with the concurrence of the Minister, may appoint and

employ such officials and other employees with such remuneration

and upon such terms and conditions as the Council may, from time

to time, determine.

(b) The Chief Executive Officer shall be appointed to act

as the administrative official of the Council and

manage all the related operation.

(c) The officer detailed for such duty with the Council

shall at all times be under the administrative authority

and control of the Council but he shall for other intents

and purposes remain and be considered as a public

officer.

(d) Without prejudice to the generality of paragraphs (a) to

(c), the officer detailed for duty as aforesaid, shall not,

during the time in respect of which he is so detailed

(i) be precluded from applying for a transfer to a

department of the Government in accordance

with the terms and conditions of service attached

to the appointment under the Government held

by him at a date on which he is so detailed for

duty; or

(ii) be so employed that his remuneration and

conditions of service are less favourable than

those which are attached to the appointment

under the Government held by him at the date

aforesaid or which would have become attached

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to such appointment, during the said period, had

such officer not been detailed for duty with the

Council.

(e) Without prejudice to the generality of paragraphs (a) to

(d), the officer detailed for duty as aforesaid, shall,

during the period for which he is so engaged

(i)

be entitled to have his service with the Council

considered as service with the Government, for

the purposes of any pension, gratuity, or benefit

under the Pensions Ordinance and the Widows’

and Orphans’ Pensions Act and to any other

right or privilege to which he would be entitled;

and, or

(ii) be accountable for any liability

Provided that, for the purpose of such pension, gratuity or

benefit, regard shall be had solely to the substantive grade with the

Government of the officer so engaged.

PART IX

VOLUNTARY ORGANISATIONS FUND

(1) The Voluntary Organisations Fund shall be hereby

established as a foundation and shall be registered in terms of the

Second Schedule to the Civil Code and enrolled as the first enrolled

voluntary organisation in terms of this Act.

(2) The address of the Voluntary Organisations Fund shall be

the office of the Commissioner or any other address as the Council

may, from time to time, deem fit.

(3) The objects of the Voluntary Organisations Fund shall be to

assist and support enrolled voluntary organisations through education,

management and support and financial grants for the said purposes.

(4) The Voluntary Organisations Fund shall be vested with the

right to income and capital as is contemplated by the provisions of

this Act or any regulations made thereunder

Provided that article 29 of the Second Schedule to the Civil

Code shall not apply to the Voluntary Organisations Fund and the

requirements therein shall be substituted by a statement signed by

the Commissioner.

(5) The Voluntary Organisations Fund shall be administered by

the Council which shall appoint a board of administrators for the

purpose.

(6) The board of the Voluntary Organisations Fund shall enjoy

discretion as to the distribution of income and capital of such Fund

for the purposes outlined in subarticle (3) and shall, by not later

than the fifteenth day of February of each year, submit to the

C o u n c i l a d e t a i l e d wr i t t e n r e p o r t o f i t s r e c e i p t s a n d of a l l

distributions of income and capital of such Fund during the

preceding calendar year.

(7) Legal representation of the Voluntary Organisations Fund

shall be vested in the Chairperson of the board of administrators or

any other person designated by the board for the purpose.

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PART X

GENERAL

(1) Voluntary organisations shall not be established

principally for trading purposes nor shall they regularly engage in

acts of trade, but to the extent that they are established for public

purposes which are achieved through the carrying out of such acts

of trade provided in sub-article (2), voluntary organisations may

regularly carry out such acts of trade which are related and

ancillary to the principal purpose and objectives of the

organisations in order to achieve their public purposes

Provided that trading activities which do not fall within the

exemptions of sub-article (2) but which are only marginal to the

income of the voluntary organisation may also be carried out by the

v o l u n t a r y o rg a n i s a t i o n i t s e l f , s u b j e c t t o t h e r e q u i r e m e n t s

established under sub-article (6).

(2) For the purposes of this article, the following activities

carried out by a voluntary organisation and, or the following

income generated directly in the achievement of the public

purposes of such organisation, shall be presumed to be permitted

under sub-article (1)

(a) the operations and activities carried out by schools,

training centres and other educational institutes and

the charging of fees for educational services;

(b) income generated from the sale of goods and, or the

provision of services, by a voluntary organisation

when such goods and, or services are themselves

donated to the voluntary organisation;

(c) income generated from the sale of goods and, or the

provision of services only to members, supporters,

sponsors or contributors of the voluntary organisation

or the group of organisations of which it forms part;

(d) income generated from the sale of goods or the

provision of services on sites administered by the

voluntary organisation and offered to bona fide

visitors by the organisation itself through volunteers or

employees

Provided that this shall not apply to shops, bars,

restaurants or other outlets on such sites, or the sites

themselves when these operate under lease

agreements, management agreements, licences or

otherwise by third parties for profit;

(e) the operations and activities of art galleries,

exhibitions, museums and other organisations

established for the advancement of culture, arts and

national heritage and the charging of fees for the

admission at theatrical, musical activities or other such

activities;

(f) participation fees in competitions;

(g) payment for residential accommodation, care and other

VOLUNTARY ORGANISATIONS

philanthropic support provided on a cost or subsidised

basis; and

(h) such other activities intended to raise funds for the

achievement of the principal purpose and objectives of

the organisation resulting in

(i) income from the grant on lease or a management

contract of land or buildings or other

commercial property to a third party, where no

services are provided by the voluntary

organisation;

(ii) income from the investment of the assets of a

voluntary organisation, including the holding of

shares or other interests in another legal

organisation;

(iii) income which may be made payable to voluntary

organisations which own, administer or

otherwise operate an innovative technology

arrangement as defined in the Malta Digital

Innovation Authority Act; and

(iv) such other activities or classes of income as may

be prescribed by regulations made by the

Minister on the recommendation of the Council.

(3) In cases other than those contemplated in sub-articles (1)

and (2), unless acts of trade and trading activities are only marginal

to the income of the voluntary organisation, such organisation shall

establish a limited liability company to carry out acts of trade and

the administrators of the voluntary organisation shall ensure that

such establishment shall not burden the human and financial

resources of such organisation beyond its means.

(4) The limited liability company established in terms of sub-

(a) shall in all cases be permitted to carry out those acts of

trade which are related or ancillary to the principal

purpose and objectives of the voluntary organisation,

or if expressly permitted in the statute of such

voluntary organisation, subject to the discretion and

satisfaction of the Commissioner;

(b) shall be non-profit making in accordance with this

Act;

(c) shall have directors who do not receive any

remuneration for their services for carrying out such

functions except as permitted by this Act and, or the

statute of the voluntary organisation; and

(d) shall not permit the evasion of the limitations imposed

on voluntary organisation in the First Schedule by any

person in the voluntary organisation or the limited

liability company and the same limitations shall also

apply in this case to the limited liability company in

the same way.

(5)

For the purpose of this article "marginal" means not more

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than ten per cent (10%) of the income generated by the voluntary

organisation in any one year and the administrators shall have the

duty to determine whether any activity, being an act of trade, is

marginal or not, for the purpose of this article and, when such issue

arises, shall submit a declaration in this regard to the Commissioner

who may

(a) issue directives at any time in writing on such matters

if he deems that the declaration submitted by the

administrators does not satisfy the criteria established

in terms of this article and may impose conditions in

relation to such activities to ensure compliance with

the principles established under this article; and

(b) issue a ruling on the matter giving reasons for

decision, and any administrator or any interested party

may appeal from such decision before the

Administrative Tribunal.

(6) Voluntary organisations shall not be exempt from the

obligation to obtain any authorisations or licences which may be

required to carry out any particular activity referred to in this

article in terms of any other law.

(7) The Commissioner may issue guidelines on the duties and

responsibilities of administrators of voluntary organisations which

carry out acts of trade as permitted by this article or with regard to

all aspects regarding limited liability companies which voluntary

organisations establish in accordance with this article.

(8)

In cases falling under sub-article (4), it shall be presumed

that

(a) a limited liability company notwithstanding that it has

a separate and distinct legal personality, is only an

instrument to keep the trading activities distinct from

the activities of the voluntary organisation promoting

its social and public purpose; and

(b) the existence of the limited liability company shall not

operate in any way so as to prejudice third parties in

good faith or the voluntary organisation itself, to

reduce the transparency of the voluntary organisation

or to create any private benefit to third parties which is

not permitted within the voluntary organisation itself.

(9) Any wholly owned limited liability company established in

accordance with this article, which may be carrying on trading

activities from a premises or site held under any title by an enrolled

voluntary organisation shall have absolutely no rights in relation to

any concessions leases or other grants of property to the said

voluntary organisation, including Government, which shall be

deemed to permit use of such property by such wholly owned

limited liability company

Provided that any documentary arrangements set in place

for governance purposes between the voluntary organisation and

the wholly owned limited liability company shall be disregarded

with regard to any grantor organisation and when any grant is

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modified or terminated for any reason by or with regard to the

voluntary organisation, the limited liability company shall

automatically be affected thereby.

(10) Whenever a voluntary organisation establishes a limited

liability company in terms of sub-article (3) of this article, the

administrators shall notify the Commissioner in the prescribed

form, which form shall be included in the Register and shall be

made accessible to the public. The Commissioner shall notify the

Commissioner for Inland Revenue of the name and registration

number of such limited liability company upon being notified. The

same rules shall apply mutatis mutandis to the winding up of any

such limited liability company.

(1) The Commissioner may, from time to time and after

consultation with the Council, issue guidelines -

(a) in relation to voluntary organisations and their

activities;

(b) in relation to the voluntary sector as a whole,

and such guidelines shall be binding on voluntary

organisations, administrators and volunteers, as the

case may be.

(2) The Commissioner may, with the consent of the Minister,

issue guidelines on the objective classification of the categories of

"social purpose" or "public benefit" and related concepts which

may be used in the interpretation of this Act for any of its purposes.

(3) Such guidelines shall be based on internationally

recognised classification methodologies and shall be implemented

in the administration of the provisions of this Act and any related

laws

Provided that such guidelines shall not have retrospective

effect.

(1) On payment of the applicable fee, any person may

view and obtain copies of the Register and any documentation

which has been submitted to the Commissioner by any voluntary

organisation.

(2) Voluntary organisations shall make the statute, annual

report and audited accounts available for inspection, free of charge,

b y a n y f o u n d e r, a d m i n i s t r a t o r o r m e m b e r o f t h e v o l u n t a r y

organisation as well as by any donor or beneficiary who satisfies

the administrators of an interest in the information.

(3) If a person is unjustifiably refused any information by a

voluntary organisation such person may complain, in writing, to the

Commissioner who shall decide on whether such person is entitled

to the information or not in terms of this article and inform the

complainant in writing of his determination, and reasons therefor,

within a reasonable time

Provided that the Commissioner shall inform the relevant

voluntary organisation of any decision taken in terms of this

subarticle and any person who feels aggrieved by such decision

taken by the Commissioner shall have the right to appeal to the

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Tribunal within five days of the date of receipt of such decision

taken by the Commissioner.

(1) The Minister shall have the power to make regulations

(a) to further regulate voluntary organisations, whether

enrolled or not in terms of this Act;

(b) to establish the forms for the enrolment of a voluntary

organisation and for the notification of changes to the

statute to its administrators and otherwise;

(c) to establish the form and contents of certificates to be

issued in terms of this Act;

(d) to establish the forms and procedures to be used for

appeals in terms of this Act;

(e) to establish rules applicable to public collections by

voluntary organisations;

(f) to regulate foreign or international voluntary

organisations carrying on activities in Malta;

(g) to lay down any penalties for breach of the provisions

of this Act;

(h) to implement any international convention or any

European Union regulation or directive, to the extent

necessary, to which Malta has adhered to in the context

of voluntary organisations or the voluntary sector and

to issue guidelines thereon;

(i) to regulate the composition of the Advisory Panels and

to regulate the procedures to be followed by the

Advisory Panels and by the persons appointed on such

panels;

(j) to regulate the Voluntary Organisations Fund and the

terms and interest rates of loans therefrom and the

terms and conditions of guarantees which may be

provided by such Fund;

(k) to lay down rules on the position of volunteers in

relation to their employers when such volunteers wish

to carry out voluntary activity, in Malta or abroad, for

periods beyond their leave entitlement;

(l) to lay down rules on the powers of the Tribunal in

relation to the interpretation or variation of a statute

and the administration of voluntary organisations;

(m) to establish the form and content of annual reports and

accounts which are to be submitted to the

Commissioner in order to achieve a satisfactory level

of transparency and accountability of voluntary

organisations;

(n) to extend, clarify or define the functions of the

Commissioner under this Act and provide for ancillary

and related matters;

(o) to lay down conditions or guidelines for the

authorisation by the Commissioner of any federation

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or association of voluntary organisations who wish to

operate as a regulatory body over its members and

their activities;

(p) in relation to freezing orders and related matters to

support the powers of the Commissioner in case of

fraud;

(q) in relation to the enrolment of organisations,

including, after consultation with the Council, to

change the thresholds under article 12B(1)(e), (f) and

(g) relating to mandatory enrolment and to amend the

categories or classes of activities in the definition of

"social purpose" in this Act;

(r) to regulate the prevention of money laundering and the

funding of terrorism in voluntary organisations;

(s) for the better carrying out of any of the provisions of

this Act.

(2) The Minister may, with the concurrence of the Minister

responsible for finance, make regulations relating to the fiscal

status of voluntary organisations, including different rules for

different categories or different classification of purposes, and may

establish the criteria for the granting of any such exemptions, in

whole or in part, from any law relating to taxation, duties or other

charges, as well as any fiscal rules on the activities of voluntary

organisations and donations to such organisations. Such regulations

may also establish the terms, conditions and forms of any fiscal

certificates, receipts or other documents which may be necessary

for the enjoyment of the above fiscal status and regulations.

(3) The Minister may, by order published in the Gazette and in

consultation with the Commissioner and the Council, revise or amend

any of the schedules annexed to this Act.

Article 35, establishing the Malta Council for the Voluntary

Sector as in force prior to the coming into force of the Voluntary

Organisations (Amendment) Act, 2018 shall continue to apply until

the 6th of November of 2019.

2018. VOLUNTARY ORGANISATIONS