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Enforcement and Strike Off

The Registrar has powers to apply administrative penalties and/or strike off a charity or non profit organisation (NPO) that fails to comply with any obligations or requirements under The Charities and Non Profit Organisations (Registration) (Guernsey) Law 2008.

Administrative Penalties

The Registrar may, in his discretion, impose upon a charity or NPO any of the following penalties for failure to comply with the requirements of the Law.

ReasonPenalty
Failure to register in accordance Schedule 1 paragraph 2£500

Failure to renew registration in accordance with Schedule 1 paragraph 5 -

(i)    First calendar month or part thereof,

£20
(ii)   Second calendar month or part thereof,£40
(iii)   Each subsequent calendar month or part thereof.£80

Failure to file annual financial statements in accordance with Schedule 1 paragraph 8 -

(i)   First calendar month or part thereof,

£20
(ii)   Second calendar month or part thereof,£40
(iii)   Each subsequent calendar moth or part thereof.£80

Failure to respond to request for information made under s.1C(1) or Schedule 1 paragraph 9 -

(i)   First calendar month or part thereof,

£0
(ii)  Second calendar month or part thereof,£0
(iii)  Each subsequent calendar month or part thereof.£10

 

Strike Off

The Registrar may strike an organisation off the Register at any time if -

· The Registrar has reason to believe that the organisation is not a non profit organisation,

· The organisation fails to provide information to the Registrar when requested to do so,

· The organisation fails to comply with any obligation or requirement imposed by or under the Law, in particular a failure to renew its registration, in whole or in part,

· A person is found guilty of making false statements, or giving misleading information on behalf of the organisation,

provided that in each case the Registrar has given the organisation 2 weeks notice of his intention to strike it off the Register.

Offences

Registration and renewal of registration

A charity or non profit organisation based in the Island of Guernsey, Alderney, Herm or Jethou that without reasonable excuse fails to register, or is not registered on the Charities and Non Profit Organisations Register in accordance with the Law is guilty of an offence and is liable on summary conviction to a fine not exceeding level 5 on the uniform scale.  For the avoidance of doubt a Charity or NPO that has been struck off the Register by the Registrar for failure to renew its registration will be deemed to have failed to register and will be guilty of this offence and liable on summary conviction to a fine not exceeding level 5 on the uniform scale.

False or misleading information, etc.

If a person, in connection with an application for registration or renewal of registration, or in purported compliance with any requirement imposed under any provisions of this Law or any ordinances or regulations made under it, makes a statement which he knows or has reasonable cause to believe to be false, deceptive or misleading in a material particular is guilty of an offence and is liable -

  • on conviction on indictment to imprisonment for a term not exceeding two years or a fine or both,
  • on summary conviction to imprisonment for a term not exceeding three moths or to a fine not exceeding level 5 on the uniform scale or to both.

Making, keeping and retention of financial records, and changes in Charity and NPO registered particulars

All registered organisations must make, keep and retain financial transaction records, where applicable file annual financial statements with the Registrar, and inform the Registrar of any change in registered particulars.  An organisation which without reasonable excuse fails to comply is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the uniform scale.

Requests for Information

Where a registered organisation, without reasonable excuse fails to comply with any request for information made by the Registrar under the Law, or fails to comply with any obligation or requirement under the Law it is guilty of an offence and liable on summary conviction to a fine not exceeding level 1 on the uniform scale.