Non-Profit Organization Changes and Amendments

In South Africa, making changes and amendments to a Non-Profit Organisation (NPO) registered under the Non-Profit Organisations Act of 1997 involves specific steps regulated by the Department of Social Development (DSD). These changes can include updates to the NPO's constitution, name, physical address, office bearers, or contact details. Here's a guide on how to navigate these changes:

1. Review the NPO's Constitution

The constitution of the NPO should specify the procedures for making amendments. This typically requires a resolution passed by a specified majority at a members' meeting.

2. Hold a Meeting

Organize a meeting according to the provisions in your constitution to discuss and vote on the proposed amendments. Ensure proper notice of the meeting is given to all members.

3. Pass a Resolution

Members must vote on the proposed changes. The required majority for passing an amendment is usually stipulated in the NPO's constitution.

4. Document the Changes

Keep accurate records of the meeting minutes, the resolution passed, and a copy of the amended constitution or relevant documents reflecting the changes.

5. Notify the Department of Social Development

Within one month of making the amendment, the NPO must notify the DSD by submitting the prescribed form. The form varies depending on the nature of the change (e.g., NPO 3 for changes in registered details, NPO 4 for changes in office bearers).

Required Documentation

For Constitutional Amendments: Submit a copy of the resolution and the amended constitution.
For Changes in Office Bearers: Provide identification documents of new office bearers and the minutes of the meeting at which they were elected.
For Name or Address Changes: Submit evidence of the change along with the relevant form.

6. Update Records with Other Bodies

If the NPO is registered for tax exemption with the South African Revenue Service (SARS) or has other licenses and permits, notify these bodies of the relevant changes.

7. Implement the Changes

Update all official documents, websites, and other materials to reflect the new details of the NPO.

Compliance and Good Practice
  • Ensure all changes comply with the Non-Profit Organisations Act and any other relevant legislation.
  • Regularly review your constitution and registered details to ensure they accurately reflect the NPO's operations and governance.
  • Considerations
  • Significant changes to the NPO's objectives or activities may require a re-evaluation of its tax-exempt status with SARS.
  • Always keep stakeholders informed about significant changes to maintain transparency and trust.

Making changes to an NPO's registered details or constitution in South Africa requires careful adherence to legal requirements and internal governance procedures. Properly documenting and reporting these changes ensures the NPO remains in good standing and continues to operate effectively.