What is a non-profit organisation?

“non-profit organisation” or “organisation” means a body of persons whether incorporated or unincorporated, established solely or primarily for the promotion of charitable, religious, cultural, educational, social or fraternal purposes, or other activities or programmes for the benefit of the public, or a section of the public and which raises or disburses funds in pursuance of its objectives primarily within the Territory;

(Non-Profit Organisations Act, 2012)

Overview

The Non-Profit Organisations regime was created to establish a regulatory framework within which non-profit organisations can conduct their affairs and maintain adequate standards of governance, transparency and public accountability. The rationale behind the introduction of the Act is based on the fact that the Financial Action Task Force (FATF) Special Recommendation VIII (SRVIII) compels the Virgin Islands to review the adequacy of its laws relating to NPOs as these organisations could be used for terrorist financing purposes. When the Virgin Islands’ Anti-Money Laundering – Combating the Financing of Terrorism regime was assessed by the Caribbean Financial Action Task Force, the territory’s current NPO regime was found to be only partially compliant. The Act seeks to put in place measures designed to deter terrorist organisations from posing as legitimate NPOs or from using legitimate NPOs or NGOs for terrorist purposes.

Therefore, the Non-Profit Organisations Act, 2012 and the Non-Profit Organisations (Amendment) Act, 2022 seek to bring Non-Profit Organisations (NPOs) which operate in the Virgin Islands in line with international standards by keeping terrorist financing away from such groups operating in the Virgin Islands.

Legislation

• Non-Profit Organisations Act, 2012 (Act No. 10 of 2012)
• Non-Profit Organisations (Amendment) Act, 2012  (Act No. 10 of 2022)

Categories of Non-Profit Organisations

1. Churches/Religious Organisations:  these include Christian, Islamic, Hindu and other non-denominational faith-based organisations.
2. Community Organisations:  organisations whose membership comprise persons living in a particular community and provide services primarily for persons residing within that community. 
3. Foundations:  organisations that typically donate funds, provide essential services to other organisations or provide the sources of funds for their charitable purposes.
4. National/Country Associations:  membership comprises nationals of a particular country who reside in the VI and whose objective is to promote their culture, and socialize and foster fraternal relationships while residing in the Territory.  They also provide community relief locally and in their country of origin.
5. Performing Arts Companies/Groups:  organisations that promote and hold performances to generate interest in the performing arts.
6. Service Clubs/Associations:  organisations that provide services to the public as a whole or a section of the public based on interest.
7. Sporting Associations:  organisations involved in any form of sporting activity.
8. Youth Organisations:  organisations that specifically target youths and provide programmes and outreach services to educate, train and provide assistance based on need.