Cap. 630 Art. 17Application to register.

(1) An applicant may apply for registration by submitting the prescribed application form to the Regulator, which form shall be accompanied by:

(a) an authenticated copy of the statute of the applicant;

(b) an authenticated copy of the applicant’s certificate of registration or, if not yet registered, an undertaking to provide an authenticated copy of the applicant’s certificate of registration issued by the Registrar when the organisation is registered with the Registrar;

(c) an authenticated copy of the identity card or passport or certificate of registration of the administrators of the applicant;

(d) an authenticated copy of the identity card or passport or certificate of registration of the local representative of the applicant, if any;

(e) the annual accounts of the applicant for the last financial year prior to registration, if any, together with a report of reviewers, accountants or auditors as may be required under applicable law;

(f) the annual report of the applicant for the last financial year prior to registration, if any, which must include:

(i) a description of the activities carried out by the applicant; and

(ii) if the applicant is one which may be classified under article 3(1)(b)(i), an indication of the social purpose being fulfilled through the carrying out of the act of trade or other activity; or

(iii) if the applicant is one which may be classified under article 3(1)(b)(ii), information regarding the persons employed or engaged by the applicant particularly the workers with a disability or the disadvantaged workers;

(g) an organisational chart of the applicant which shall be signed by at least one administrator and shall include:

(i) the organisational structure of the applicant;

(ii) an indication of who the ultimate beneficial owners of the shares or interests in the applicant are;

(iii) a depiction of the management and administrative structure of the applicant, showing the responsibility of each board and any working groups, the relationship of each board and any working groups to each other, and the hierarchy of management and administration;

(iv) an indication of who is responsible for the day to day running of the applicant;

(v) to demonstrate the basis of the application of the provisions of this Act, the names and identification numbers of any employees and, in the case of an applicant which may be classified under article 3(1)(b)(ii), the persons who qualify;

(vi) information regarding the number of volunteers;

(h) a social impact report which indicates the primary social objective or objectives of the organisation and the manner in which the applicant intends to achieve these social objectives together with the manner in which the applicant intends to operate so as not to:

(i) prejudice the fulfilment of the social purpose for which it was established, if the applicant is one which may be classified under article 3(1)(b)(i);

(ii) prejudice the integration into the labour market of disadvantaged workers or workers with a disability if the applicant is one which may be classified under article 3(1)(b)(ii);

(iii) grant gratuitous distributions from the profit or bonuses to its administrators, employees or other officers which will lead to the same results indicated in sub-paragraphs (i) and (ii);

(i) the written consent of the administrators to hold office as administrators of the applicant after registration;

(j) a resolution signed by the administrators of the applicant indicating that they resolve to register the applicant with the Regulator;

(k) the application fees due to the Regulator; and

(l) any other document as may be required by this Act or as may be prescribed.

(2) In considering an application, and at any time thereafter, the Regulator may request the applicant to provide further information about or make representations on any matter on which he may have reservations or concerns in relation to the application.

(3) The Regulator may accept or refuse any application for registration on the basis of:

(a) the observance or otherwise of all the formalities required by this Act or as may be prescribed;

(b) the presence or otherwise of any factors which bar registration under an express provision of this Act or as may be prescribed;

(c) the legality or otherwise of the proposed purposes and objects of the applicant having regard to the stated purposes and objects of the applicant and the stated intentions of the promoters relating to its activities;

(d) the fulfilment or otherwise of obligations relating to the payment of social security contributions in accordance with applicable law; or

(e) the fulfilment or otherwise of obligations relating to the payment of taxes due in accordance with applicable law.

(4) The Regulator 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 Regulator shall proceed with the determination of the application for registration on the basis of the information available to him;

(b) determine whether the applicant is eligible for registration as a social enterprise organisation;

(c) notify the applicant, in writing, of his determination, and in the case of a decision not to accept an application, the reasons for such determination.

(5) The Regulator shall seek to determine all applications from the date of application.

(6) The Regulator shall issue a confirmation of eligibility to register the applicant as a social enterprise organisation so as to facilitate the registration of the applicant, or of an amendment to its statute so as to comply with this Act, with the Registrar who shall proceed with registration in terms of applicable law on being satisfied with compliance with such law keeping in view the modifications made in accordance with this Act.