Section 1 of the Proceeds of Crime Act, R.S.A. c. P98 (as amended), defines a non-profit organisation as an organisation that —
- is established solely or primarily for charitable, religious, cultural, educational, social or fraternal purposes or for the purpose of benefiting the public or a section of the public; and
- raises or disburses funds in pursuance of those purposes.”
Non-profit organisations have been misused for financing or supporting illegal activities and has been recognised as a crucial point in the global struggle to stop such funding at its source. This has
captured the attention of the Financial Action Task Force (“FATF”), who implemented Recommendation VIII: Non-profit organisations.
In 2010, Anguilla enacted the Non-Profit Organisations Regulations.
Requirement of a non-profit organisation to register
- Pursuant to section 5 of the Non-Profit Organisations Regulations, 2010, a non-profit organisation shall be registered in the non-profit organisation register if it is –
- incorporated, formed or otherwise established in Anguilla; or
- administered in or from within Anguilla.
- An exempted non-profit organisation is not required to be registered under this section.
- A non-profit organisation that contravenes this section is guilty of an offence and is liable on summary conviction to a fine not exceeding $50,000.
Exempted non-profit organisation
A non-profit organisation whose gross annual income does not exceed $5,000 and whose assets do not exceed $10,000 in value is exempted from being registered.