Do Non Profit Organisations (NPOs) file Annual Returns?

Yes or no? Remember that a Non Profit Organization is really a company that is not operating for a profit. That is to say, the sole purpose of the charity is for some noble or social cause. Any profits are reinvested into the Non Profit Organization. Compared to a “for profit company” where profits are distributed among the directors of the company.

The answer is YES!! A Non Profit Organization must file Annual Returns every year with the Companies Registrar.

What is an annual return?

An Annual Return is critical to a company since this document presents a correct, updated reflection of the company’s state of affairs. This document presents an up to date snapshot of all directors and officers of the company, share capital as well as company debts. Once this document is filed at the Companies Registry, this information will be registered with the Registrar. When conducting company business, banks and other stakeholders will request the most recent Annual Returns. From this document all present company officers and company debts can be discerned.

When should a Company file an Annual Return??

The law states that a company should file an Annual Return no later than 30 days after each anniversary date of its continuance, incorporation or amalgamation at the Companies Registrar .

What happens if a company fails or refuses to file an Annual Return?

Where a Company fails or refuses to file a document with the Registrar within the time specified in the Act, the Registrar shall be entitled to collect from that Company a penalty of three hundred dollars ($300.00) for every month or part thereof.

The Companies Act of the Republic of Trinidad and Tobago requires companies to file an Annual Return every year even if the company has not been trading. In accordance with Section 194 (1) of the Companies Act of the Republic of Trinidad and Tobago, each company must file an Annual Return no later than thirty (30) days after each anniversary date of incorporation in the applicable form. At any point, the officers of the company can change directors, corporate secretaries, issue shares or acquire loans and these changes must be captured in the Registrar’s records of the company.

Disclaimer

The content herein is provided for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney at law to obtain advice with respect to any particular issue or problem.

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NPO Defined !! AML Compliance Consultants

NPO is an acronym for “Non-Profit Organisation”. This is an institution that is designed to pursue a certain purpose. The focus is not on making a profit as distinct from a limited liability company.

In Trinidad and Tobago, there is no comprehensive law governing NPOs and they are often abused and used to finance terrorism.

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