Resources

Who needs to have an AGM?

An annual general meeting (AGM) is a meeting of members or shareholders, and its usual function is to elect the board, hear the reports on the activities and plans of the organisation, and view the annual financial statements (AFS). A non-profit which has members: The AGM is a fundamental part of the governance routine allowing the members a regular opportunity to receive information, and to exercise their basic function of holding the board to account and electing board members. A non-pro...

Removing a member of the board of directors

| Nicole Copley | NGO Law | Governance
Boards of NPCs often find themselves in a position where, for one reason or another, they would like to remove one of their number from the Board. If the MOI of the NPC stipulates terms of office for directors (and if those terms of office are usually observed) then the easiest route may be to wait it out, and simply not re-elect that director when their term ends. If this is not an option or too far away to endure, and if some gentle persuading to resign bears no fruit, then the Companies ...

Notifying the Information Regulator

The Protection of Personal Information Act (POPIA) imposes important obligations on Organisations in the event of a data breach involving personal information of a data subject.Section 22 of POPIA (which should be easy to remember in 2022) compels Organisations to notify the Information Regulator if the Organisation has reasonable grounds to be believe that the personal information of a data subject has been accessed or acquired by any unauthorised person.Notifying the Information RegulatorPO...

Is consent always required under POPIA?

Consent is a central feature when processing personal information in terms of the Protection of Personal Information Act (POPIA). It is however not an absolute requirement to process such information. POPIA defines consent as ‘any voluntary, specific and informed expression of will in terms of which permission isgiven for the processing of personal information’. Consent also comes up under section 11 of POPIA which deals with Condition 2. This section is entitled: Consent, justification and ...

Indemnity forms and NPOs

Many NPOs make use of indemnity forms with the aim of reducing the potential for liability. This article explores the value of indemnity forms. Generally, it is possible for parties to contract out of liability. The signing of an indemnity form is common practice, but on its own may have limited (or no) value. Put differently, a signed indemnity form does not guarantee that a claim for damages cannot be successful against an organisation. The following aspects should, amongst other, be consi...

[Watch] Should the Executive Director have a vote on the Board?

Should the Executive Director have a vote on the Governing Board? In this video we discuss some issues to consider.

[Watch] Can we do Commission based Fundraising?

This video deals with two provisions in the Income Tax Act, which are relevant to commission-based fundraising.

[Watch] Volunteers and the law - what to know

This video deals with the legal implications of having volunteers.

Some thoughts on minutes and agendas

| Nicole Copley | NGO Law | Governance
Organisations often use standard formats for agendas and minutes but, if you are considering ways to make meetings more effective, we think it better to make up your own format and procedure, to be sure that they suit your organisation and support and invigorate the way it is governed.Standard agendas can undermine effective meetings as they usually (unintentionally) obscure the main purpose of the meeting. People attending meetings need to be alerted to the intended focus points of the meeti...


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