Under The Non-Profit Organisation (“NPO”) Law, which came into effect on 1 August 2017, charities are required to be listed on the NPO register if they meet the legal definition of a NPO. The registration requirement includes companies incorporated pursuant to section 80 of The Companies Law (2018 Revision).

The registration requirement includes companies incorporated pursuant to section 80 of The Companies Law (2018 Revision). Registration of an NPO can be done through Cayman Business Portal .

An entity is deemed to be an NPO if it is a company or body of persons, whether incorporated or unincorporated, or a trust, that is:

• established, or which identifies itself, as established primarily for the promotion of charitable, philanthropic, religious, cultural, educational, social or fraternal objectives, or other activities or programmes for the public benefit or a section of the public within the Islands or elsewhere; and

• which solicits contributions from the public or a section of the public within the Islands or elsewhere.

Businesses that are not currently designated under section 80 can qualify for the NPO register if they meet the Law’s criteria.  The following information must be included on the form or provided in the application:

• the NPO’s declared purposes;
• the identity and address of the Controller and other senior management personnel (including proof of identity);
• copies of the NPO’s organisational documents;
• information on the location of the NPO’s money and other assets, including details on its banking arrangements;
• the source or anticipated source of contributions; and
• how those contributions have been applied.

Controllers of NPOs are trustees, directors, partners or the persons responsible for the management of unincorporated associations.

Applications for registration are submitted to the Registrar who, as a matter of law, must accept or reject it within 30 days.

Following registration NPOs are required to file an annual return and to notify the Registrar of changes in particulars as outlined in non-profit organisation notification of change form