This page covers what a registered non-profit organisation must keep doing after registration — the annual reporting, governance and financial obligations that determine whether it keeps its status. Registration is the easy part; staying compliant is where most organisations fail.

Deregistration is common and it is almost always discovered at the worst possible moment: when a funder runs a check, or when a government department requires proof of registration for a contract.

Business Requirements at a Glance

The ongoing obligations of a registered NPO.

Registration and Legal Requirements

The annual report to the Department of Social Development is the obligation most often missed. It comprises a narrative report on activities and financial statements, and it must be submitted within the prescribed period after the financial year end. Failure leads to deregistration.

Organisations frequently believe they are compliant because they submitted once, or because nobody contacted them. Neither is the test. Check your status on the department’s register periodically rather than assuming.

Governance is a legal obligation, not good practice. The founding document sets out how the governing body is constituted, how often it meets and what it decides. Organisations run informally by one or two people, without meetings or minutes, are non-compliant with their own constitution — and funders ask for minutes.

Conflict of interest handling matters particularly. Where office bearers or their families benefit from the organisation, that must be managed and disclosed. It is a recurring source of difficulty and of funder withdrawal.

Financial controls matter disproportionately in small NPOs, where one person often handles everything. Dual signatories, separation of duties, and a governing body that actually reviews financials are what prevent the losses that destroy small organisations.

Documents and Ownership Information Required

The records an NPO must be able to produce at any time.

Tax, Licence and Compliance Requirements

PBO status carries its own obligations. An organisation approved as a Public Benefit Organisation must continue to carry on the approved public benefit activities, must comply with the conditions in section 30 of the Income Tax Act, and must file annual income tax returns despite being exempt. SARS can withdraw approval.

Section 18A receipts must meet the prescribed requirements and may only be issued for donations applied to qualifying activities. Issuing them improperly has consequences for the organisation and for the donor. SARS has introduced additional reporting on 18A receipts issued — confirm the current requirements, as they have changed.

Employment obligations apply as they do to any employer. An NPO with staff must register for UIF and the Compensation Fund, comply with the Basic Conditions of Employment Act and the National Minimum Wage Act, and meet occupational health and safety duties. Volunteers are a different category, and the distinction should be documented properly.

Funder requirements are contractual and sit on top of the statutory ones. Reporting deadlines, audit requirements and restrictions on how funds may be used are enforceable, and breaching them can require repayment.

The Protection of Personal Information Act applies to beneficiary and donor data, which in the non-profit sector is frequently sensitive. Handle it accordingly.

Process, Deadlines and Ongoing Obligations

Check your registration status on the department’s register now, before a funder does. If reports are outstanding, submit them — the process for regularising is far easier before deregistration than after.

Build the calendar: financial year end, annual report deadline, CIPC annual return date where applicable, SARS return date, and each funder’s reporting deadlines. Assign responsibility for it to a named person, because in small organisations the work that belongs to everyone belongs to nobody.

Frequently Asked Questions

What happens if annual reports are not submitted?

The organisation faces deregistration, usually discovered when a funder or government department checks. Regularising before deregistration is far easier than after.

Do we still file tax returns if we are exempt?

Yes. An approved Public Benefit Organisation files annual income tax returns with SARS despite being exempt, and must continue to meet the section 30 conditions.

Are minutes really necessary?

Yes. The founding document requires governing body meetings, and funders routinely ask for minutes. An organisation run informally without them is non-compliant with its own constitution.

Can office bearers be paid?

Reasonable remuneration for actual services is generally permissible, but income and property may not be distributed to members, and conflicts of interest must be managed and disclosed.

Reporting deadlines, prescribed periods, tax exemption conditions and section 18A requirements are set by the Department of Social Development, SARS and the CIPC and are revised. Confirm current requirements with each.

Related Requirements