Do I need to Register?
Guernsey and Alderney has a thriving and well established charity and NPO sector, serving both the local community and the international community. There are many voluntary organisations undertaking a variety of activities and services, all competing for public support to enable them to continue operating for the public benefit.
If you are considering setting up a new organisation you are strongly recommended to first look to see if any other organisation may be undertaking the same or similar activities and services, and talk to them to understand what is already being done and work together to avoid duplication.
Only organisations based in Guernsey or Alderney (i.e. are established, administered, managed, controlled in or operating from Guernsey or Alderney) can apply to register. These organisations are defined, and referred to as 'relevant entities', if it is determined that you do not meet this definition you will not be eligible to register (or remain registered).
If you are a relevant entity, you then need to determine whether you are classified as a 'charity' or 'other non profit organisation' (NPO).
To be a charity an organisation must meet two conditions:
(1) all the purposes of the organisation must be charitable purposes, these charitable purposes are set out in schedule 4 of The Charities, etc. (Guernsey and Alderney) Ordinance, 2021.
(2) The organisation must provide, or intend to provide a benefit to the public or a section of the public in Guernsey, Alderney or elsewhere. Having a single individual person as a beneficiary is not deemed to be providing a public benefit.
If the organisation does not meet BOTH of the conditions then it may meet the criteria to be classified as a NPO. NPO's are defined as organisations established solely or principally for the non-financial benefit of their members.
Certain relevant entities are legally required to register (compulsory registered organisations). These are relevant entities that have, or intend to have -
(A)
(i) gross assets and funds of or over £100,000, or
(ii) a gross annual income of or over £20,000, or
(B) activities that involve raising or distributing assets (donations/services) outside of Guernsey and Alderney (i.e. international activity).
If a relevant organisation does not meet the above criteria they may still apply to register (voluntary registered organisations).
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