Voluntary Organisations

L.N. 317 of 2020

VOLUNTARY ORGANISATIONS ACT

(CAP. 492)

Voluntary Organisations

(Annual Returns and Annual Accounts) Regulations, 2020

IN EXERCISE of the powers conferred by article 41(1)(s) of the

Voluntary Organisations Act, the Minister and the Parliamentary

Secretary responsible for Voluntary Organizations have made the

following regulations

(1) The title of these regulations is the Voluntary Citation and

Organisations (Annual Returns and Annual Accounts) Regulations, scope.

2020. (2) The scope of these regulations is to ensure transparency

and accountability in the preparation and submission of annual returns

and annual accounts by voluntary organisations, carrying out activities

intended to achieve the principal purpose and objectives of such

organisations.

(Regulation 5)

Category status of voluntary organisations

1. A Category 1 voluntary organisation shall automatically convert into a

Category 2 voluntary organisation, when the generated revenue and income of the

voluntary organisation exceeds fifty thousand euro (€50,000) in respect of each

financial year but does not exceed or is equal to two hundred and fifty thousand euro

(€250,000). When this occurs, the voluntary organisation shall inform the

Commissioner in writing within fourteen (14) days from the date on which this fact

comes to the voluntary organisation’s knowledge.

2. A Category 1 voluntary organisation shall automatically convert into a

Category 3 voluntary organisation, when the generated revenue and income of the

voluntary organisation exceeds two hundred and fifty thousand euro (€250,000) in

respect of each financial year. When this occurs, the voluntary organisation shall

inform the Commissioner in writing within fourteen (14) days from the date on

which this fact comes to the voluntary organisation’s knowledge.

3. A Category 2 voluntary organisation shall automatically convert into

(a)

a Category 1 voluntary organisation when the generated revenue

and income of such voluntary organisation does not exceed fifty thousand

euro (€50,000) in respect of each financial year. When this occurs the

voluntary organisation shall inform the Commissioner in writing within

fourteen (14) days from the date on which this fact comes to the voluntary

organisation’s knowledge;

(b)

a Category 3 voluntary organisation, when the generated

revenue and income of such voluntary organisation exceeds two hundred and

fifty thousand euro (€250,000) in respect of each financial year. When this

occurs, the voluntary organisation shall inform the Commissioner in writing

within fourteen (14) days from the date on which this fact comes to the

voluntary organisation’s knowledge.

4. A Category 3 voluntary organisation shall automatically convert into a

Category 2 voluntary organisation, when the generated revenue and income of the

voluntary organisation exceeds fifty thousand euro (€50,000) in respect of each

financial year but does not exceed or is equal to two hundred and fifty thousand euro

(€250,000). When this occurs, the voluntary organisation shall inform the

Commissioner in writing within fourteen (14) days from the date on which this fact

comes to the voluntary organisation’s knowledge.

5. A Category 3 voluntary organisation shall automatically convert into a

Category 1 voluntary organisation, when the generated revenue and income of the

voluntary organisation does not exceed fifty thousand euro (€50,000) in respect of

each financial year. When this occurs, the voluntary organisation shall inform the

Commissioner in writing within fourteen (14) days from the date on which this fact

comes to the voluntary organisation’s knowledge.

In these regulations, unless the context otherwise requires

Interpretation.

"accountant" shall have the same meaning assigned to it by

article 2 of the Accountancy Profession Act and for the purpose of Cap. 281.

these regulations shall not be an administrator, a member or an

employee of the enrolled voluntary organisation for which the

accountant is drawing up and signing the accounts;

"the Act" means the Voluntary Organisations Act;

"administrator" shall have the same meaning assigned to it by the

Act;

"affiliated organisation" means any voluntary organisation

established by the administrators, founders or promoters of a parent

voluntary organisation, to achieve the same or ancillary purposes from

common funds or opportunities;

"annual accounts" means all accounting records of income and

expenditure kept by a voluntary organisation for the respective

financial year;

"auditor" shall have the same meaning assigned to it by article 2

of the Accountancy Profession Act, and for the purpose of these Cap. 281.

regulations shall not be an administrator, a member or an employee of

the enrolled voluntary organisation for which the auditor is auditing

the accounts;

"Category 1 voluntary organisation" means a voluntary

organisation whose generated revenue and income does not exceed or

is equal to fifty thousand euro (€50,000), subject to the provisions

stipulated in Schedule III;

"Category 2 voluntary organisation" means a voluntary

organisation whose generated revenue and income exceeds fifty

thousand euro (€50,000) but does not exceed or is equal to two

hundred and fifty thousand euro (€250,000), subject to the provisions

stipulated in Schedule III;

"Category 3 voluntary organisation" means a voluntary

organisation whose generated revenue and income exceeds two

hundred and fifty thousand euro (€250,000), subject to the provisions

stipulated in Schedule III;

"the Commissioner" shall have the same meaning assigned to it

by the Act;

"criminal activity" means an activity carried out by a voluntary

organisation or a member thereof, which is contrary to law or which

breaches any of the provisions of the Criminal Code, the Code of

Police Laws and, or the Prevention of Money Laundering Act;

"employee" means a person not being an administrator, who has

entered, or is employed by virtue of a contract of service with the

voluntary organisation, or any person who has undertaken personally

to execute any work or services for, and under the immediate direction

and control of a voluntary organisation against remuneration, but

excluding any work or services performed in a professional capacity or

as a contractor for another person, when such work or service is not

regulated by a specific contract of service. Such work or services to

voluntary organisations may include, but are not limited to fundraising

activities or public events;

"financial period" means a period of twelve (12) months or such

period as specified in Schedule VII, covering the respective financial

year and which shall be deemed to commence from the date of

enrolment;

"GAPSME" means General Accounting Principles for Small and

Medium-Sized Entities as established under the Accountancy

Profession (General Accounting Principles for Small and Medium-

Sized Entities) Regulations;

"generated revenue" means the gross income generated from the

use of capital or assets, donations, grants and any other funds raised

through public events or fundraising activities which are received by

voluntary organisations during the respective financial year, before

any costs or expenses are deducted;

"IFRS" means International Financial Reporting Standards;

"income" means

(i) any subsidies, grants or donations made to the

relevant organisation, but does not include internal transfers

within and between affiliated organisations and, or parent and

subsidiary organisations;

(ii) any cash deposits made to the organisations 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 includes membership

fees;

(iii) any donation in kind relating to any property, assets

of any kind, whether corporeal or incorporeal, movable or

immovable, tangible or intangible, and any legal document or

instrument, signed and attested, which assigns or conveys title to

the property or confirms any interest therein;

"market levels and market conditions" shall have the same

meaning assigned to it by article 2 of the Act;

"ordinary expenses" means expenses incurred for the

administration of the voluntary organisation and any expenses incurred

in fundraising activities or public events, or for the purpose of

attaining the principal purpose and objectives of the voluntary

organisation, but shall not include any form of remuneration paid to

donees;

"parent organisation" means an organisation which qualifies as a

voluntary organisation established under article 3 of the Act and which

may constitute or establish subsidiary voluntary organisations or

segregated cells, as the case may be, and which is required to prepare

the annual accounts for the respective financial year;

"respective financial year" means the financial year in respect of

which annual accounts are prepared by voluntary organisations;

"Second Schedule" means the Second Schedule of the Civil Cap. 16.

Code;

"segregated cells" means cells established by enrolled voluntary

organisations in the manner provided by articles 20 and 20B of the

Second Schedule of the Civil Code, for the purpose of protecting and

separating the assets and liabilities, income, capital or property

pertaining to the organisation itself from those pertaining to other cells

or subsidiaries forming part of such voluntary organisation;

"statute" shall have the same meaning assigned to it by article 2

of the Act;

"subsidiary organisation" means an enrolled voluntary

organisation which forms part of a parent voluntary organisation,

provided that its purposes shall be consistent with the principal

purpose and objectives of the parent organisation;

"third party" means any person who has an interest, or is

involved in any manner in the matters of a voluntary organisation, but

shall not, for the purpose of these regulations, include a public officer,

a member of the Police Force, or any other member from the entities or

authorities concerned for the purpose of obtaining and disclosing any

necessary information mentioned in paragraph 5 of Schedule VI, or

any other member from the entities or authorities listed in paragraph 6

of Schedule VI;

"voluntary organisation" means an organisation established in

accordance with article 3 of the Act;

"voluntary organisation number" means the number allocated to a

voluntary organisation by the Commissioner upon its enrolment.

"volunteer" shall have the same meaning assigned to it by article

2 of the Act.

(Regulations 4 and 7)

Content and form of annual returns

(applies to all categories of voluntary organisations)

The content and form of the annual return with all the required documents as

attachments duly filled and compiled, which each voluntary organisation shall file

with the Commissioner shall be as follows

Content and Form

Annual return of

Name of voluntary organisation

In respect of financial year ending

VO number

Registered address

Postcode

Telephone number/s

Fax number

E-mail address/es

Website

Name of contact person

Designation

Mobile/telephone number

FOREIGN OR INTERNATIONAL

ORGANIZATION/S

If the voluntary organisation is a foreign or international organisation, indicate

the details of the local representative and the registered address of the local

representative in Malta.

Name and Surname

ID card number or registration number

Registered address

Postcode

Telephone number/s

Mobile number

E-mail address/es

ORGANISATIONAL

CHART

(Attach as Appendix A: the organisational chart)

The organisational chart shall illustrate the organisational structure of the

voluntary organisation. It shall contain a diagram of the different bodies making up

the voluntary organisation, an internal breakdown of the functions and roles of each

designated body, and it shall indicate the ultimate beneficial owner of the voluntary

organisation.

The chart shall describe the management and administrative structure of the

voluntary organisation and shall indicate the responsibility of each administrative

board and any working group/s, the relationships of the administrative board/s and

any working group/s with each other, and the hierarchy of management and

administration.

The organisational chart shall also indicate who is responsible for the day-to-

day operations of the voluntary organisation. If the organisation has any employees

and, or volunteers, these details shall also be included in the organisational chart.

LIST OF CURRENT

ADMINISTRATORS

(Attach as Appendix B: the current list of the administrators of the voluntary

organisation)

For former administrators

Name, surname, nationality, ID card number, residential address, designation and

signature.

For new administrators

Name, surname, nationality, ID card number, residential address, designation and

signature. A copy of the passport or ID card authenticated by a lawyer or notary

having a warrant to exercise his profession in Malta .

DOCUMENTS

AMENDING THE

STATUTE

(Attach as Appendix C: the documents amending the statute)

Has the statute of the voluntary organisation been amended in the period

covered by this annual return?

Yes

No

If the answer to the above question is 'Yes', there shall be attached any

documents amending the statute and, or a revised and updated certified copy of the

statute and all other changes made in the organisation until such date, amalgamated

therein. Such documents shall also include minutes of the Annual General Meeting

(AGM) or the Extraordinary General Meeting (EGM) approving the amended

statute.

MEMBERSHIP

(applies only to associations)

Number of registered members within the organisation as on the date of the

annual return

'Members' means those members who have a right to vote at the General

Meeting of the voluntary organisation. A complete list of names and surnames of

members, with addresses and identity card numbers shall be retained by the

voluntary organisation and may be requested by the Commissioner for Voluntary

Organisations or his representative at any time .

ANNUAL

REPORT

(Attach as Appendix D: a copy of the annual report signed by at least two

administrators of the voluntary organisation (also referred to Administrative

Report or Activity Report).

ANNUAL

ACCOUNTS

(Attach as Appendix E: a copy of the annual accounts signed by at least two

administrators of the voluntary organisation).

STATEMENT OF ACCOUNTS

WITH REGARD TO PUBLIC

COLLECTIONS

Purpose

1. A statement of accounts regarding public collections shall be prepared

by a voluntary organisation to enhance transparency in the activities undertaken and

in the events organised by a voluntary organisation to make public collections.

Content and form of statement of accounts

2. The duly filled and compiled statement of accounts that a voluntary

organisation shall file with the Commissioner shall consist of and be in the form

indicated hereunder.

Statement of accounts

1. Details regarding organised events or performed activities

Name of voluntary organisation

VO number

Date of statement

(a)

Type of event and, or activity

(b)

Period during which or date when

the event took place and, or the activity was

performed

(c)

Place where the event took place

and, or the activity was performed

2. Collection of Proceeds

Amount in €

(a)

As per list of collectors and

respective amounts attached hereto

(b)

From other sources (indicate the

sources)

(c)

Donations, as per list attached

hereto

3. Expenses

Amount in €

(a)

Printing and stationery

(b)

Postage

(c)

Advertising

(d)

Remuneration

(e)

Any other form of payment

(f)

Other expenses

4. Balance Disposal (Indicate details

Amount in €

including name of all beneficiaries and

amounts)

A minimum of two signatures of administrators is required

Full name and surname of administrator

Signature of administrator

Full name and surname of administrator

Signature of administrator

Full name and surname of administrator

Signature of administrator

Declaration of Completeness and Correctness

By means of this declaration, I hereby confirm that the details provided,

including the attached appendices, are complete and truthful as to their contents.

Full name and surname of administrator

Signature of administrator

Date

Enclosures*

Appendix A - Organisational chart

Appendix B - List of the current administrators

(former and new)

Appendix C - Documents amending the statute

(if applicable)

Appendix D - Annual report

Appendix E - Annual accounts

Appendix F - Statement of accounts for public

collections (if applicable)

* Tick documents where applicable

(1) These regulations shall be binding on all enrolled

voluntary organisations.

(2) Without prejudice to the provisions established in these

regulations, the provisions laid down in the Prevention of Money

Laundering Act shall apply mutatis mutandis to all enrolled voluntary

organisations.

(3) These regulations shall apply with immediate effect from

the commencement of the financial period with effect from the date of

the enrolment of a voluntary organisation. For the purpose of first

enrolment, the organisation shall submit its annual return and annual

accounts to the Commissioner in the form in which they have been

prepared. The Commissioner shall receive such annual returns and

annual accounts, even if the said are not in compliance with regulation

(Regulations 4 and 8)

Content and form of annual accounts

The threshold of annual accounts which each voluntary organisation shall file

with the Commissioner depends on the amount of its generated revenue and income

and on whether such organisation is a Category 1, a Category 2 or a Category 3

voluntary organisation.

(a)

Category 1 voluntary organisations

Basis of accounting - on a cash basis

The duly filled and compiled annual accounts that Category 1 voluntary

organisations shall file with the Commissioner shall be prepared on a cash basis

accounts and shall consist of the content and form indicated hereunder

Provided that, if at the end of its financial year, a Category 1 voluntary

organisation has creditors or debtors, these shall be indicated to the Commissioner in

the annual report.

Details of the income and expenditure shall be indicated for every fund raising

event and, or activity and the proceeds shall be transferred to the income and

expenditure account.

Name of voluntary organisation

VO number

Financial year ending

Amount in €

Income

Donations received in cash

Donations received in kind

Interest on fixed deposit accounts

Interest on savings accounts

Interest/dividends on investments

Government local funds

EU funds

Private funds

Membership fees

Proceeds from sale of fixed assets

Rents received

Sponsorships received

Fund raising event/activity 1 - net

Fund raising event/activity 2 - net

Fund Raising Event/Activity 3 - net

Fund Raising Event/Activity 4 - net

Fund Raising Event/Activity 5 - net

Fund Raising Event/Activity 6 - net

Other income

Total income

Expenditure

Amount in €

Advertising

Annual registration fees

Cleaning and consumables

Conferences and training

Insurance - motor vehicle/s

Insurance - other

Internet

Licences

Mobile expenses

Postage expenses

Professional fees (accountants, lawyers etc)

Rent

Repairs and maintenance -equipment

Repairs and maintenance - motor vehicle

Repairs and maintenance - office/buildings

Remuneration

Any other form of payment on fund raising

(7%)

Stationery and printing

Subscriptions

Telephone

Travelling (foreign)

Travelling (local)

Wages

Water and electricity

Website expenses

Expense 1

Expense 2

Other expenses

Total expenditure

Excess of income over Expenditure

Excess of expenditure over Income

Cash/Bank deposits/

Beginning of

Movements of

End of

Investments

financial

financial year

financial

year in €

in €

year in €

Cash in hand/petty cash

Current accounts

Savings accounts

Fixed deposit accounts

Malta Government Stocks

Shares

Local investments

Foreign investments

Other assets and liabilities

Estimated value/amount in €

Freehold immovable property

Leasehold immovable property

Equipment,

furniture

and

fittings

(depreciation)

Motor vehicles (depreciation)

Works of art (appreciation)

Creditors

Debtors

Loans

Equity

Others

The accounts have been approved by the members at the Annual General

Meeting held on .........................................

Full name and surname of administrator

Signature of administrator

Full name and surname of administrator

Signature of administrator

Full name and surname of administrator

Signature of administrator

Date

(b)

Category 2 Voluntary Organisations

Basis of accounting - accrual basis

Category 2 Voluntary Organisations shall keep their accounting records

under the accrual basis and prepare financial statements in conformity with

the requirements of GAPSME. The financial statements shall be duly verified

and signed by an external accountant.

(c)

Category 3 Voluntary Organisations

Basis of accounting – accrual basis

Category 3 voluntary organisations shall keep their accounting records

under the accrual basis and prepare financial statements in conformity with

the requirements of IFRS. The financial statements shall be duly verified and

signed by an auditor.

Where compliance with the provisions of Schedule III is not sufficient

or inconsistent in order to provide an actual and transparent analysis of a

voluntary organisation’s financial performance and in the case of Category 1

and Category 2 voluntary organisations, of their financial position, the

additional information necessary to provide an actual and transparent analysis

shall be provided in the accounts or in the annual report of the voluntary

organisation.

(1) L-amministraturi tal-organizzazzjonijiet volontarji Rekwiżiti

ġenerali relatati

għandhom iħejju prospetti u kontijiet annwali skont l-Iskedi II u III.

mal-prospetti

annwali u

kontijiet

(2) Il-prospetti annwali mħejjija mill-amministraturi tal-

annwali.

organizzazzjoni volontarja għandu jkollhom l-informazzjoni kollha

dwar l-attivitajiet li jkunu saru mill-organizzazzjoni matul is-sena

finanzjarja rispettiva li għaliha l-kontijiet annwali jkunu ġew mħejjija.

(3) Il-kontijiet annwali ta’ organizzazzjoni volontarja

għandhom jistabbilixxu l-metodi adottati sabiex jiġi żgurat li d-dħul u

l-infiq kollu jkunu debitament reġistrati u li jkun hemm trasparenza fir-

rigward ta’ kull benefiċċju, infiq u remunerazzjoni li jkun ġie riċevut

mill-membri u l-impjegati tal-organizzazzjoni volontarja jew kull

persuna li tkun qiegħda tipprovdi servizzi sabiex tippromwovi l-iskop

u l-għanijiet prinċipali tal-organizzazzjoni.

(4) Il-kontijiet annwali ta’ organizzazzjoni volontarja

għandhom ukoll jistabbilixxu li l-organizzazzjoni volontarja ma

tagħmilx profitt u li tiddependi fuq donazzjonijiet u għotjiet volontarji

Iżda jekk organizzazzjoni volontarja tagħmel ġbir

pubbliku, hi għandha tkun soġġetta għal aktar kontabilità skont ir-

regolament 11, meta tkun qiegħda tirreġistra kull dħul u nfiq,

b’kunsiderazzjoni għall-fiduċja pubblika li minnha tkun tgawdi l-

organizzazzjoni.

(5) Għall-fini tas-subregolament (4), il-prospett annwali

għandu jinkludi dik l-informazzjoni kollha dwar l-organizzazzjoni

volontarja, kif jista’ jkun meħtieġ, kif ukoll dwar l-amministraturi u l-

attivitajiet tagħha inġenerali, u l-persuni li jkunu qegħdin iħejju l-

prospetti annwali għandhom jagħtu rendikont veritier tal-fatti.

(Regulation 6)

Notification of changes among administrators of a voluntary organisation or

any change of the representative resident in Malta of the voluntary organisation

where such organisation is a foreign or international organisation

Date

VO number

Name of the voluntary organisation

Delivered by

To the Commissioner for Voluntary Organisations

........................................................ (Name of Voluntary Organisation) is hereby

giving notice in accordance with regulation 6 of the Voluntary Organisations (Annual

Returns and Annual Accounts) Regulations, 2020 that

Effective date of change: ................................................

Full name and surname of administrator

Signature of administrator

Full name and surname of administrator

Signature of administrator

Full name and surname of administrator

Signature of administrator

L-istatus tal-kategorija ta’ organizzazzjoni volontarja

għandu jiġi aġġustat kif stabbilit fl-Iskeda I.

organizzazzjoni-

(Regulation 14)

Notification of amendments and additions made to the statute of a voluntary

organisation

Date

VO number

Name of the Voluntary Organisation

Delivered by

To the Commissioner for Voluntary Organisations

............................................................. (Name of the Voluntary Organisation)

hereby gives notice in accordance with regulation 14 of the Voluntary Organisations

(Annual

Returns

and

Annual

Accounts)

Regulations,

that:..............................................................................................................................

Effective date of change: ..............................................

Full names and surnames and signatures of all administrators

Full name and surname of administrator

Signature of administrator

Full name and surname of administrator

Signature of administrator

Full name and surname of administrator

Signature of administrator

L-amministraturi tal-organizzazzjoni volontarja għandhom

jinfurmaw lill-Kummissarju b’kull bidla fost l-amministraturi tal-

organizzazzjoni volontarja jew, jekk dik l-organizzazzjoni tkun

organizzazzjoni barranija jew internazzjonali, b’kull bidla fir-

rappreżentant residenti Malta tal-organizzazzjoni volontarja, fi żmien

erbatax-il (14) ġurnata mid-data ta’ meta tkun seħħet il-bidla, skont l-

artikolu 12 (d) u (e) tal-Att, billi tintuża l-formula stabbilita fl-Iskeda

IV.

(Regulation 15)

Review procedures by the Commissioner

1. The Commissioner has the right to appoint any qualified person to

scrutinise or draw up a report on the accounts of any voluntary organisation when he

deems fit and necessary to do so. This shall be done without any ulterior notice.

2. The Commissioner shall on a roster basis engage qualified persons to

conduct a random check on a sample basis of the cash basis accounts of Category 1

voluntary organisations and report accordingly.

3. The responsibility and costs of the reviews indicated in paragraphs 1

and 2 shall be borne by the Commissioner.

4. Saving the provisions mentioned in the preceding paragraphs, the

Commissioner shall, in order to investigate matters or the conduct of affairs of a

voluntary organisation, in terms of the powers vested in him by means of article 34

of the Act, have the right to request any information, documents and, or clarifications

from the administrators of any voluntary organisation, as he may deem necessary in

the circumstances

Provided that, notwithstanding the provisions of sub-article (3) of article 12D

of the Act, voluntary organisations which are not subject to mandatory enrolment

pursuant to article 12D and which are obliged to notify the Commissioner of their

existence, shall at the end of the respective financial year, submit a copy of their

annual accounts to the Commissioner.

5. The Commissioner shall also, in terms of article 34 of the Act, be

entitled to request any information from any public or private entity or authority, or

disclose any information to such entity or authority, for the purpose of investigating

matters of a voluntary organisation, when he has a suspicion that such voluntary

organisation or a member thereof is carrying out any activity relating to money

laundering and financing of terrorism, or any other illicit or criminal activity as

defined in terms of these regulations

Provided that any information requested by the Commissioner in this

regard shall not be divulged to third parties in terms of these regulations

Provided further that where the Commissioner requests such

information, he shall, upon a demand made by such entity or authority, provide

justifiable reasons thereto, as he may deem necessary in the circumstances.

6. Saving the provisions of paragraph 5, 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,

the Commissioner for Revenue 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.

7. 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 (Cap. 77), and may

refuse to issue an enrolment certificate to such member or administrator of the

voluntary organisation, or withdraw any issued enrolment certificate, if such member

or administrator of the voluntary organisation fails to provide such conduct

certificate.

8. Subject to the provisions of sub-article (3) of article 3 of the Conducts

Certificate Ordinance (Cap. 77), 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

(Cap. 77).

9. For the purpose of this Schedule and in the course of any investigation

made under article 7(1)(g) of the Act, the Commissioner shall have the power to

summon witnesses and to administer an oath to any person concerned in the

investigation and require them to give evidence.

10. In the event that such person refuses to produce the requested

information, the Commissioner may impose an administrative fine not exceeding

five hundred euro (€500).

(1) Il-prospetti annwali preżentati mill-organizzaz-

zjonijiet volontarji għandhom ikunu mħejjija skont il-kontenut u fil-

forma stabbilita fl-Iskeda II u għandhom jinkludu s-segwenti

dokumenti bħala annessi għall-istess

(a)

tabella organizzattiva;

(b) il-lista tal-amministraturi skont l-aħħar ġurnata tas-

sena finanzjarja rispettiva;

(ċ)

il-lista tal-amministraturi kurrenti;

(d)

id-dokumenti li jemendaw l-Istatut;

(e) kopja tar-rapport annwali li għandu jiġi awtentikat

minn tal-inqas minn żewġ amministraturi;

(f) kopja tal-kontijiet annwali li għandhom jiġu

awtentikati minn tal-inqas minn żewġ amministraturi u

għandhom jiġu mħejjija skont ir-rekwiżiti stabbiliti fl-Iskeda II;

u

(g) fil-każ ta’ ġbir pubbliku, rendikont tal-kontijiet li

jkollu x’jaqsam ma’ kull avveniment organizzat u, jew attività

mwettqa sabiex isir ġbir pubbliku li għandu jiġi mħejji skont ir-

rekwiżiti stabbiliti fl-Iskeda II.

(2) Organizzazzjonijiet volontarji għandhom iżommu kopja

tal-kontijiet annwali, rapporti annwali u rekords oħra rilevanti għal

perijodu ta’ għaxar (10) snin wara l-perjodu finanzjarju li għalih ikunu

jirreferu.

(3) L-informazzjoni dwar l-attivitajiet li jiġu mwettqa minn

dawk l-organizzazzjonijiet volontarji matul is-sena finanzjarja

rispettiva għandha tiddaħħal fir-rapport annwali imħejji mill-membri

ta’ dik l-organizzazzjoni u għandha

(a) tispeċifika s-sena finanzjarja rispettiva li għaliha r-

rapport ikun jirreferi;

(b)

tinkludi sommarju li jkun jiddeskrivi

(i) l-attivitajiet prinċipali li jkunu saru mill-organizzazzjoni

biex tippromwovi l-iskop soċjali tagħha, inkluż dak li jikkwalifika

bħala benefiċċju pubbliku; u

(ii) il-kisbiet prinċipali tal-organizzazzjoni matul is-sena

finanzjarja rispettiva;

(ċ) tinkludi

reviżjoni

tal-pożizzjoni

finanzjarja

tal-

organizzazzjoni fl-aħħar tas-sena finanzjarja rispettiva; u

(d) tkun datata u ffirmata minn tal-inqas minn żewġ

amministraturi.

(4) Għall-fini ta’ dan ir-regolament, l-informazzjoni li

jkollha x’taqsam ma’ attivitajiet finanzjarji li jiġu mwettqin minn

organizzazzjonijiet volontarji għandha tipprovdi analiżi attwali u

trasparenti tal-qligħ iġġenerat, dħul, infiq, assi u passiv għas-

sena finanzjarja rispettiva, fil-kategoriji rispettivi tagħhom.

(5) L-informazzjoni msemmija f’dan ir-regolament tista’

tiġi preżentata wkoll fil-format elettroniku tagħha.

(Regulations 16 and 17)

1. Financial period of annual return and annual accounts

The annual return and annual accounts of a voluntary organisation shall cover

a financial year as stated in the statute of the organisation

Provided that

(a)

if a voluntary organisation was enrolled between 1st January and 30th

June of any year, its first annual return and annual accounts shall cover the period

commencing on the date of its enrolment up to the end of its first financial year;

if a voluntary organisation was enrolled between 1st July and 31 st

(b)

December of any year, its first annual return and annual accounts shall cover the

period commencing on the date of its enrolment up to the end of its first financial

Those voluntary organisations which need to amend the financial period shall

request the permission from the Commissioner to effect such amendment and shall

provide a justified reason for said amendment.

The Commissioner, in such instances, shall write to the voluntary organisation

concerned to indicate whether or not he approves such change and to inform the

voluntary organisation of the due date of filing of the annual return with all the

required documents as attachments thereto.

2. Date of filing of annual return and annual accounts

The annual return and annual accounts including all the required documents as

attachments thereto shall be filed as specified hereunder by not later than

(a)

ninety (90) days from the end of the respective financial year in

the case of Category 1 voluntary organisations;

(b)

one hundred and eighty (180) days from the end of the

respective financial year in the case of Category 2 voluntary organisations;

and

(c)

two hundred and forty (240) days from the end of the respective

financial year in the case of Category 3 voluntary organisations

Provided that if Category 1 voluntary organisations opt to

have their annual accounts subject to GAPSME in accordance with their

respective statute, the annual return and accounts including all the required

documents as attachments thereto, shall be filed by not later than one hundred

and eighty (180) days from the end of the respective financial year

Provided further that, if Category 1 and Category 2 voluntary

organisations opt to have their annual accounts subject to full audit (IFRS) in

accordance with their respective statute, the annual return and accounts

including all the required documents as attachments thereto, shall be filed by

not later than two hundred and forty (240) days from the end of the respective

financial year.

(4) Upon enrolment, the administrators of the concerned

voluntary organisation shall submit a written declaration signed by all

the administrators as prescribed in Schedule VIII.

4. (1) The administrators of voluntary organisations shall General

prepare annual returns and annual accounts in accordance with requirements

relating to

Schedules II and III.

annual returns

and annual

accounts.

(2) The annual returns prepared by the administrators of the

voluntary organisation shall contain all the information on the

activities carried out by the organisation during the respective

financial year for which accounts have been prepared.

(3) The annual accounts of a voluntary organisation shall

establish the methods adopted to ensure that all income and

expenditure is properly recorded and that there is transparency with

regard to any benefits, expenditure and remuneration received by

members and employees of a voluntary organisation or any person

providing services in order to promote the principal purpose and

objectives of the organisation.

(4) The annual accounts of a voluntary organisation shall also

establish that the voluntary organisation is non-profit making and is

dependent on donations and voluntary grants

Provided that if a voluntary organisation engages in public

collections, it shall be more accountable in accordance with regulation

11, when recording all income and expenditure, taking into

consideration that the organisation has been vested with public trust.

(5) For the purpose of sub-regulation (4), the annual return

shall include all such information about the voluntary organisation, as

may be required, as well as about its administrators and its activities in

general, and the persons preparing the annual returns shall give a true

account of the facts.

5. The category status of voluntary organisations shall be Adjustment of

category status

adjusted in the manner established in Schedule I.

of voluntary

organisations.

6. The administrators of the voluntary organisation shall Changes among

report to the Commissioner any changes among administrators of the administrators.

voluntary organisation or, where such organisation is a foreign or

international organisation, any change of the representative resident in

Malta of the voluntary organisation, within fourteen (14) days from the

date of the effected change, in terms of article 12 (1)(d) and (e) of the

Act, using the prescribed form in Schedule IV.

7. (1) The annual returns submitted by the voluntary

organisations shall be prepared in accordance with the content and

form laid down in Schedule II and shall include the following

documents as attachments thereto

(a)

an organisational chart;

(b) the list of the administrators as on the last day of the

respective financial year;

(c)

the list of the current administrators;

(d)

the documents amending the Statute;

(e) a copy of the annual report which shall be

authenticated by at least two administrators;

(f) a copy of the annual accounts which shall be

authenticated by at least two administrators and shall be drawn

up in accordance with the requirements prescribed under

Schedule II; and

(g) in the case of public collections, a statement of

account relative to any event organised and, or an activity

performed to make public collections which shall be drawn up in

accordance with the requirements established in Schedule II.

(2) Voluntary organisations shall keep a copy of the annual

accounts, annual reports and other relevant records for a period of ten

(10) years following the financial period to which they refer.

(3) The information regarding the activities carried out by such

voluntary organisations during the respective financial year shall be

entered in the annual report prepared by the administrators of such

organisation and shall

(a) specify the respective financial year to which the

report refers;

(b)

contain a summary which describes

(i) the principal activities undertaken by the

organisation to promote its social purpose, including that

which qualifies as public benefit; and

(ii)

the principal achievements of the organisation

during the respective financial year;

(c) contain a review of the organisation’s financial

position at the end of the respective financial year; and

(d)

be dated and signed by at least two administrators.

(4) For the purpose of this regulation, the information

regarding the financial activities carried out by voluntary organisations

shall provide an actual and transparent analysis of the generated

revenue, income, expenditure, assets and liabilities for the respective

financial year, in their respective categories.

(5) The information referred to in this regulation may

also be submitted in electronic format.

8. (1) Administrators of a voluntary organisation shall Annual

accounts.

prepare their annual accounts in accordance with Schedule III.

(2) Category 2 and Category 3 voluntary organisations shall

also keep records of assets and liabilities. The obligations under this

sub-regulation shall also apply to

(a) in the case of a parent voluntary organisation, the

annual accounts prepared and submitted by the parent

organisation;

(b) in the case of a subsidiary or affiliated voluntary

organisation, the annual accounts prepared by the subsidiary or

affiliated organisation, submitted individually or separately from

those prepared and submitted by the parent voluntary

organisation;

(c) in the case of an individual voluntary organisation,

which is neither a parent voluntary organisation nor a subsidiary

or affiliated voluntary organisation, the annual accounts prepared

and submitted by the individual voluntary organisation; and

(d) in the case of segregated cells of a voluntary

organisation, the annual accounts which relate to such cells,

prepared and submitted by the voluntary organisation.

(Regulation 3(4))

Declaration Form

The administrators of an enrolled voluntary organisation hereby declare that

they are aware that the organisation is obliged to submit the annual returns of the

voluntary organisation to the Commissioner for Voluntary Organisations on a yearly

basis for the respective financial year, pursuant to procedures relating to mandatory

enrollment in terms of the Act and the regulations made thereunder, and that they

shall be held responsible for submitting such documents.

The administrators of a non-enrolled voluntary organisation pursuant to article

12C of the Act, hereby declare that they are aware that the organisation is obliged to

submit a declaration including the total amount of income and expenditure of the

voluntary organisation to the Commissioner for Voluntary Organisations on a yearly

basis for the respective financial year and that they shall be held responsible for

submitting such declaration.

Details of all administrators

Full name and surname of administrator

Signature of administrator

Identity card number

Designation

Full name and surname of administrator

Signature of administrator

Identity card number

Designation

Full name and surname of administrator

Signature of administrator

Identity card number

Designation

Date:.. ....................................

€2.43

All voluntary organisations shall keep an updated list of List of members

of a voluntary

members in a register of members

organisation.

Provided that the voluntary organisations shall not be

required to submit the list of members of an organisation with the

annual return, notwithstanding that the Commissioner may request in

writing that such a list, signed by two administrators, be submitted to

him and upon such demand, the administrators shall submit the said

list to the Commissioner within fifteen (15) days from notification of

the request.

(1) The members and employees of a voluntary

organisation may be entitled to remuneration for services rendered to

such organisation in terms of the market levels and market conditions

as defined in the Act, and such services shall be published in the

annual report.

(2)

Administrators of a voluntary organisation shall

(a) declare the amount of remuneration received by its

employees; and

(b) provide a copy of the contract of employment to the

Commissioner, which shall be used by the Commissioner for

internal purposes only.

(3) Saving the provisions of sub-regulation (2), in the case of

voluntary organisations receiving government funds, the employees of

such voluntary organisations shall be entitled to remuneration which

shall not exceed the salary of a public officer or a civil servant, when

compared to their respective designated role in such organisation.

(4) The Commissioner shall in all cases mentioned under sub-

regulation (2), and in order to ensure that employees are not paid

exorbitant rates, be entitled to obtain from the voluntary organisation

or any other entity or authority concerned, the number of employees in

such organisation and their respective designated role, together with

any other information which the Commissioner may require in this

regard.

(5) The remuneration of persons who are employed to carry out

management duties, executive functions or fundraising activities in a

voluntary organisation shall not be such as to materially prejudice the

voluntary organisation from achieving its principal purpose and

objectives.

(1) Voluntary organisations shall draw up a statement of

account related to any event organised and, or any activity performed

to make public collections in accordance with the requirements

established under Schedule II and shall submit the same as an

attachment to the annual return.

(2) Where donations which exceed five thousand euro (€5,000)

over a period of one financial year are offered to a voluntary

organisation or a member or an administrator of such voluntary

organisation, it shall be the duty of the voluntary organisation or its

members or administrators to identify the donor offering the donation,

to verify the exact amount of the donation being offered and to declare

the source of the said donation by means of a declaration made to the

Commissioner, with special reference to donations offered in cash or

in kind.

(3) Voluntary organisations shall issue receipts for every

donation received exceeding five euro (€5) per day and shall keep such

receipts for at least five years.

(1) Where the annual accounts for Category 3 voluntary General duties

organisations have been prepared for the respective financial year, the of auditors.

certified public auditor carrying out the audit shall make a report

thereon to the administrators of the organisation.

(2)

The report prepared in accordance with sub-regulation (1)

shall

(a) state the name and address of the auditor and the

name of the organisation concerned;

(b)

be signed by the auditor;

(c) be dated and shall specify the financial year in respect

of which the accounts have been prepared;

(d) specify that it is a report in respect of an audit carried

out in terms of this sub-regulation;

(e) specify that the audit has been prepared in accordance

with IFRS; and

(f) state whether in the auditor’s opinion the financial

statements comply with the requirements of these regulations,

and whether they give a true and fair view of the financial

performance and financial position of the voluntary organisation.

(3)

Where the auditor has formed the opinion that

(a) accounting records have not been kept in accordance

with these regulations;

(b)

the accounts did not accurately reflect the annual

return;

(c)

any information contained in the accounts was

inconsistent in any material aspect with any report of the

administrators prepared in terms of regulation 7(2) with regard to

the respective financial year; or

(d) any information or explanation to which the auditor is

entitled under regulation 13 has not been provided to the auditor,

he shall include a statement of that opinion, providing the reasons

for such opinion.

(4) The auditor shall in preparing his report, carry out such

investigations, as may be necessary, in order to be able to form an

opinion on the financial statements of the voluntary organisation.

(5) Such audit shall also apply to Category 1 and Category 2

voluntary organisations, where such organisations have stipulated in

their statute that their annual accounts shall be subject to full audit.

(1) Any person carrying out an audit of the annual

accounts of an organisation shall have access to any books, documents

and other records which relate to the organisation concerned, to the

extent that such person considers such access necessary for the

purpose of inspection, as a result of the audit which is being carried

out.

(2) The person carrying out an audit pursuant to the preceding

sub-regulation, is entitled to request information from past or present

members or administrators of the organisation, or from past or present

employees of the organisation, as he deems necessary for the purposes

of carrying out such audit.

(3) Where an auditor is carrying out an audit of the annual

accounts of a parent organisation, the auditor is also entitled to

(a) access to information mentioned in sub-regulations

(1) and (2), as modified in order that the subsidiary organisations

included in the parent organisation are treated as an individual

organisation;

(b) access to any books, documents and other records

which relate to any of the subsidiary organisations, included in

annual accounts and which the auditor deems necessary for the

purpose of inspection, as a result of such audit;

(c) access required in the case of any such subsidiary or

affiliated organisations, to such information from past or present

administrators or members of such organisations; and

(d) require that the administrators of a parent

organisation take all such steps as are deemed reasonably

necessary, to obtain from any such subsidiary or affiliated

organisations, such information as the auditor may reasonably

require for the purposes of carrying out such audit.

(4) Where an auditor is carrying out an audit of segregated

cells, the auditor is obliged to audit such cells in terms of regulation

12.

(1) A voluntary organisation may amend or add to the Alterations and

contents of its statute, including any change of its members in additions

statute.

accordance with the statute.

(2) The administrators of any voluntary organisation shall

within fourteen (14) days after the date of the written resolution or

decision for registration, submit to the Commissioner the following

information

(a) a copy of any written resolution or decision of the

body or juridical person of the voluntary organisation, whereby

the statute is amended, together with a copy of any document

amending the statute, authenticated by a notary in the case of a

public deed; or duly signed by all the administrators in other

cases;

(b) a revised and updated certified copy of the statute

authenticated by a notary in the case of a public deed, or duly

signed by all the administrators in other cases, which shall

consolidate therein all other changes made in the voluntary

organisation until such date, including any changes effected

among the administrators of the voluntary organisation; or any

change of the representative resident in Malta of the voluntary

organisation, where such organisation is a foreign or

international organisation.

(3) All changes made to the statute shall be clear, unequivocal

and easily identifiable. Voluntary organisations shall submit two

copies of the statute, one representing a previous version of the statute

containing the changes mentioned above and the other representing a

new version thereof. Voluntary organisations registered with the

Registrar for Legal Persons shall first notify the Public Registry and

provide the Commissioner with proof of such notification referring to

those changes.

(4) Any amendment or addition to the statute of a voluntary

organisation referred to in sub-regulation (2), shall not come into

force, unless it is registered as provided in sub-regulation (2), using the

prescribed form stipulated in Schedule V.

(5) The administrators of any voluntary organisation shall be

responsible for ensuring that any amendments or additions to the

statute of the voluntary organisation are correct, complete and in full

compliance with the Act, these regulations and any other law or

regulation that may apply from time to time.

(6) All voluntary organisations shall, within fourteen (14) days

notify the Commissioner of any changes in the administrators, or the

representative resident in Malta in case of an international

organisation. Voluntary organisations which are also registered with

the Registrar for Legal Persons shall first notify the Public Registry

and provide the Commissioner with proof of such notification.

(7) Where for any reason the change in administrators or

resident representative is not notified as aforesaid to the

Commissioner, the persons who appear as administrators in the records

of the Commissioner shall remain accountable to the Commissioner

until such time as the change is notified.

The annual accounts of a voluntary organisation shall be

subject to such review procedures as are specified in Schedule VI.

Voluntary organisations shall prepare annual returns and

annual accounts for the period of coverage, file such annual returns

and annual accounts on the specified dates and shall prepare annual

annual accounts.

accounts for such financial periods as specified in Schedule VII.

(1) Where a voluntary organisation fails to submit the

annual return with all the required documents as attachments after the

lapse of thirty (30) days from the due date of filing of the annual return

specified in Schedule VII, the Commissioner shall communicate a

warning in writing to the administrators regarding such failure and

shall provide the administrators with an opportunity to give justified

reasons for the delay and may, if the Commissioner is of the opinion

that the delay is justified, extend the period for filing the annual return.

(2) Where the voluntary organisation fails to provide a valid

reason for the delay or fails to observe the extended period set by the

Commissioner for filing the annual return, the Commissioner may

cancel the enrolment of the voluntary organisation in accordance with

the Act.

The Voluntary Organisations (Annual Returns and Annual

Accounts) Regulations, are hereby being repealed.