Monthly update 07 - February 2006
In brief: Your Questions answered, new edition of Guide to the Charities Act, Group reigstration consulation, upcoming events.
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New 'Your Questions' column
In the course of our meetings and speaking engagements with members of the charitable sector throughout the country, there are a number of questions surrounding the registration process that crop up frequently. This month, we begin to address some of those questions in the first of a regular ‘Your Questions’ column.
Remember, if you would like more information on anything relating to registration under the Charities Act 2005, please just ask – your questions feed directly into our communications and education work, so we really value hearing from you.
Your questions
Q: What is the relationship between the Charitable Trusts Act 1957 and the Charities Act 2005?
A: The Charities Act 2005 does not supersede the Charitable Trust Act 1957. They are separate Acts for separate purposes. Even if an organisation is already a Charitable Trust, it will still need to register with the Charities Commission if it wishes to receive or maintain tax-exempt status and become a ‘registered charitable entity.’
Q: Will I still need to comply with the Charitable Trusts and Incorporated Societies Acts?
A: Yes, if your organisation is registered or incorporated under these Acts. The Charities Act 2005 does not provide for the Commission to take over from the Companies Office the running of those two registers. This is because not all charitable trusts or incorporated societies will choose to be ‘registered charities’.
Q: Will the Charities Commission access and retrieve constitutional documents from other registers, e.g. the Companies Office?
A: No. The Charities Commission does not need the original constitutional documents – we will accept copies. However, we will require the most up-to-date versions of these documents at time of registration and other agencies may have a different filing or update schedule.
Guide to the Charities Act
The updated edition of A Guide to the Charities Act is now available on our website (see the ‘What’s New’ section at www.charities.govt.nz and in hard copy. To order your booklet(s), please call 0508 242 748 or email your name and contact details to info@charities.govt.nz.
Major changes to the content are:
- clarification on when amendments to the Income Tax Act and Estate and Gift Duties Act come into effect (1 October 2007);
- a subsequent change to the date by which existing charities should register with the Charities Commission before their tax exemption is affected (1 October 2007).
Group registration consultation
A number of charitable organisations for whom group registration is a likely prospect are currently considering a paper on our proposed approach to the group registration process. This consultation will culminate in a series of feedback sessions during the week commencing 6 March 2006.
Upcoming events
- 8 March: the Charities Commission will have an information point and speaker at the Christchurch Community House Funding Expo, 141 Hereford Street, 9.30am-4.30pm.
- 8 March: Whanganui Community Foundation seminar on the Charities Commission for professional advisors, Avenue Motor Inn, Wanganui, 4.30-6.30pm. Please RSVP to 06 348 8300 or whanganuifoundation@xtra.co.nz
- 9 March: Whanganui Community Foundation workshop for community organisations on registration with the Commission, Cooks Gardens Function Centre, Wanganui, 9am-12noon. Please RSVP as above.
- March–April: Seminar series on Keeping it Legal , a set of legal guidelines for voluntary organisations. For a presentation schedule, visit http://www.nzfvwo.org.nz/keepingitlegal/
For more information
Visit our website at www.charities.govt.nz for the latest information on the Commission’s activities, and on the registration process.
Free phone: 0508 CHARITIES (0508 242 748)
These updates will be provided monthly.
Update is the monthly newsletter of the Charities Commission. If you wish to subscribe, simply email info@charities.govt.nz with your name, organisation and postal address or call us on free phone 0508 CHARITIES (0508 242 748).