Section 1
PRELIMINARY - 1. Short title
Section 1. Short title Section This Act may be cited as the Public Benefits Organizations Act, 2013.
Statute
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Section 1
Section 1. Short title Section This Act may be cited as the Public Benefits Organizations Act, 2013.
Section 2
Section 2. Interpretation. Section In this Act, unless the context otherwise requires— "Authority" means the Public Benefit Organizations Regulatory Authority established under section 34 ; "authorized agent" means a legal representative, who is a Kenyan citizen, authorized to receive official summonses, notices and inquiries on behalf of an international non-governmental organization; "Board" means the Board of the Authority established under section 35 ; "Cabinet Secretary" means the Cabinet Secretary for the time being responsible for matters relating to planning and national development; "Federation" means the National Federation of Public Benefit Organizations established under section 21 ; "international non-governmental organization" means a non-governmental organization with its original registration being in a country other than Kenya and operating in Kenya under a certificate of registration issued under section 10 of this Act; "public benefit activity" means an activity that supports or promotes public benefit by enhancing or promoting the economic, environmental, social or cultural development or protecting the environment or lobbying or advocating on issues of general...
Section 3
Section 3. Objects and purposes of the Act Section creating a conducive environment for the growth of the public benefit organizations sector and for the operations of the registered public benefit organizations;
Section 4
Section 4. Government's responsibility to public benefit organizations Section 4(1) Consistent with its obligation to respect the freedoms of association and assembly, it is the duty of the Government to provide an enabling environment for public benefit organizations to be established and to operate. Section 4(2) Every State organ shall determine and co-ordinate the implementation of its policies and measures in a manner designed to promote, support and provide an enabling environment for public benefit organizations to perform their functions. Section 4(3) The Government and all public benefit organizations shall comply with the principles for effective collaboration set out in the First Schedule.
Section 5
Section 5. Meaning of public benefit organization Section 5(1)(a) organized and operated locally, nationally or internationally; Section 5(1)(b) engages in public benefit activities in any of the areas set out in the Sixth Schedule; and Section 5(1)(c) is registered as such by the Authority. Section 5(2)(a) a trade union within the meaning of the Labour Relations Act ( Cap. 233 ); Section 5(2)(b) a public body established by or under any written law; Section 5(2)(c) a political party within the meaning of the Political Parties Act (Cap. 7D); Section 5(2)(d) a religious organization which is primarily devoted to religious teaching or worship; Section 5(2)(e) a society within the meaning of the Societies Act ( Cap. 108 ); Section 5(2)(f) a co-operative society within the meaning of the Co-operative Societies Act ( Cap. 469 ); Section 5(2)(g) a Sacco society within the meaning of the Sacco Societies Act (Cap. 490B); Section 5(2)(h) a micro-finance institution within the meaning of the Micro-Finance Institutions Act ( Cap. 493C ); Section 5(2)(i) a community based organization whose objective include the direct benefit of its members.
Section 6
Section 6. Registration Section 6(1) A public benefit organization shall be registered under this Act for it to enjoy the benefits that accrue under this Act. Section 6(2) No organization that is registered under any other law in Kenya shall be registered under this Act while its registration under that other law subsists. Section 6(3) Without prejudice to subsection (1), registration of an organization under this Act supersedes any prior registration of that organization under any other law in Kenya. Section 6(4) Where an organization is registered under this Act and under any other law, that organization shall be deemed registered under this Act and that other registration shall be deemed invalid. Section 6(4A) A public benefit organization registered under subsection (1) shall be classified by the Authority in the prescribed manner. Section 6(4B) The Authority upon consultation with the Cabinet Secretary, may from time to time review the classification of public benefit organizations. Section 6(4C) The Cabinet Secretary shall, upon consultation with the Authority, make regulations to provide for the manner, conduct and criteria for classification of public benefit organizations....
Section 7
Section 7. Bestowing of public benefit organization status Section registered under this Act;
Section 8
Section 8. Requirements for registration Section 8(1) An application for registration under this Act shall be made to the Authority. Section 8(2)(a) a copy of the constitution or other constitutive document of the public benefit organization; Section 8(2)(b) names and addresses of the founders of the public benefit organization; Section 8(2)(c) the public benefit purposes for which the public benefit organization is organized and operated and all of the principal activities that the public benefit organization shall engage in; Section 8(2)(d) the postal and physical address of the principal place of doing business of the public benefit organization; Section 8(2)(e) the prescribed fee; and Section 8(2)(f) such other particulars or information as may be required by the Authority in order to assist the Authority to determine whether or not the organization meets the requirements for registration under this Act. Section 8(3)(a) an application form; Section 8(3)(b) proof that it is a legal entity in another country; Section 8(3)(c) the organization's address in Kenya; and Section 8(3)(d) the purposes of the international non-governmental organization; Section 8(3)(d)(i) the purposes of...
Section 9
Section 9. Consideration of application Section 9(1)(a) consider the application and any further information provided by the applicant; and Section 9(1)(b) if satisfied that the application meets the requirements of this Act, register the organization as a public benefit organization. Section 9(2) If, after considering an application, the Authority is not satisfied that the application complies with the requirements for registration, the Authority shall forthwith, in writing, notify the applicant accordingly, giving reasons for the decision and informing the applicant of the duration, which shall be a period not exceeding thirty days from the date of the notice, during which to comply with those requirements. Section 9(3) The period within which compliance shall be effected under subsection (2) may be extended by the Authority upon good cause being shown by the applicant, but such extension shall only be granted once and shall be for a maximum period of twenty-one days. Section 9(4) If an applicant who has received a notice in terms of subsection (2) complies with the requirements for registration within the prescribed period, the Authority shall, within fourteen days of receipt of...
Section 10
Section 10. Certificate of registration Section 10(1) Upon registering a public benefit organization, the Authority shall issue a certificate of registration in the prescribed form. Section 10(2) A certificate of registration shall be a conclusive evidence of the authority to operate throughout Kenya as specified in the constitution of the public benefit organization or in the certificate of registration. Section 10(3)(a) suing and being sued; Section 10(3)(b) taking, purchasing or otherwise acquiring, holding, charging or disposing of movable and immovable property; Section 10(3)(c) entering into contracts; and Section 10(3)(d) doing or performing all such other things or acts necessary for proper performance of its functions under this Act, which may lawfully be done or performed by a body corporate. Section 10(4)(a) its registration is cancelled under this Act; Section 10(4)(b) the organization is voluntarily deregistered; or Section 10(4)(c) the organization is wound-up or dissolved.
Section 11
Section 11. International organizations Section 11(1) An organization which is registered outside Kenya and which intends to operate in Kenya shall apply to the Authority for a certificate to operate in Kenya. Section 11(2)(a) exempt the organization from registration, and instead grant that organization a permit to operate in Kenya, if that organization does not intend to directly implement any activities or programmes in Kenya or operate from Kenya to implement any activities or programmes in another country; Section 11(2)(b) require the organization to apply for registration as an international organization, if that organization intends to directly implement any activities or programmes in Kenya or operate from Kenya to implement any activities or programmes in another country. Section 11(3)(a) engage in direct implementation of any activity or program in Kenya or operate from Kenya to implement any activities or programs in another country; Section 11(3)(b) raise any subscriptions or engage in any other form of raising of funds in Kenya. Section 11(4) The Authority shall require an organization that applies for registration pursuant to subsection (2) (b) to undergo the same reg...
Section 12
Section 12. Presumption of registration Section If, upon the expiry of sixty days from the date a registration. public benefit organization made an application for registration under section 9 (1), no decision has been made by the Authority, the public benefit organization may apply to the Tribunal for an order requiring the Authority to issue to it a certificate of registration or communicate to the organization that the registration has been refused, together with the reasons therefor.
Section 13
Section 13. Effect of registration Section has met all the requirements for registration;
Section 14
Section 14. Service of official notices, letters, summons or legal process Section Any official notices, letters, summons, or other legal process shall be considered validly served on a registered public benefit organization if it is delivered in person or by mail to the authorized agent or to the address specified pursuant to section 8 (2) (d) and (3) (d) of this Act.
Section 15
Section 15. Register of public benefit organisations Section 15(1)(a) the area of the activities of the organization; Section 15(1)(b) the registered officials for the time being in charge of the organization; Section 15(1)(c) any information presented to the Authority by the organization pursuant to this Act or regulations; Section 15(1)(d) a detailed inventory of the assets of the organization; Section 15(1)(e) any other information that the Authority may deem necessary to include or as may be provided in the regulations. Section 15(2)(a) any person may request, in person or by mail, a copy of any entry in the register; and Section 15(2)(a)(i) any person may request, in person or by mail, a copy of any entry in the register; and Section 15(2)(a)(ii) no more than a reasonable charge may be made for a copy of an entry in the register; Section 15(2)(b) be made available through the internet. Section 15(3)(a) inspect the register or any documents filed with the Authority; Section 15(3)(b) require to be supplied with a certificate, duly certified by the Authority, showing the subsisting entries in the register relating to any organization registered under this Act; or Section 15(3)(c)...
Section 16
Section 16. Refusal of registration Section 16(1)(a) the application for registration does not comply with the requirements of this Act; Section 16(1)(b) the objectives of the proposed public benefit organization contravenes any written law; Section 16(1)(c) the applicant organization has committed a serious violation or repeated violation of this Act, other laws or regulations; Section 16(1)(d) the applicant has given false or misleading information in any material particular; Section 16(1)(e) the name of the proposed public benefit organization is similar to the name of another institution, other organization or entity as to be likely to mislead the public as to its true identity. Section 16(2) Where the Authority has refused registration of a proposed public benefit organization, it shall, within fourteen days of the decision, notify the applicant of the reasons for the refusal.
Section 17
Section 17. Review by the Authority or appeal to the Tribunal Section 17(1) An applicant who is aggrieved by a decision of the Authority for review of its decision within thirty days of receiving a written notice of appeal to the the decision. Section 17(2) An applicant who is aggrieved by a decision of the Authority following review may appeal to the Tribunal against the decision. Section 17(3) Without prejudice to subsection (1), an applicant who is aggrieved by a decision of the Authority may, within thirty days of receiving a written notice of the decision, appeal to the Tribunal against the decision of the Authority. Section 17(4) Upon receipt of an appeal, the Tribunal shall, within sixty days from the date of receiving the appeal, consider and determine the appeal.
Section 18
Section 18. Procedure for suspension or cancellation Section 18(1) Where a public benefit organization registered under this Act is in violation of the provisions of this Act, the Authority may serve on the organization a default notice in writing specifying the nature of the default. Section 18(2) Upon receipt of the default notice, the public benefit organization may make representations in writing to the Authority regarding remedy or rectification of the default or violation of the Act. Section 18(3) Where the public benefit organization has failed to remedy or rectify the default or ensure compliance with the provisions of this Act within the time specified in the default notice or has not made representations satisfactory to the Authority, the Authority shall fine, suspend or cancel the certificate of registration of the organization but in no event shall the time limit for compliance be less than fifteen days after receipt of the default notice. Section 18(4) A public benefit organization that has been fined or whose certificate has been suspended or cancelled may, within sixty days of receiving notice of the decision, apply to the Authority for review of the decision to fine...
Section 19
Section 19. Suspension or cancellation of certificate Section 19(1)(a) the public benefit organization has committed violations of this Act; · Section 19(1)(b) the public benefit organization is carrying out its activities in a manner which is contrary to its constitution. Section 19(2) The Authority may, subject to section 17 , suspend or cancel a certificate of registration issued under this Act if there is substantial and credible evidence that the public benefit organization has ceased to exist. Section 19(3)(a) in writing, notify the relevant public benefit organization within twenty-one days from the date of suspension or cancellation; Section 19(3)(b) order such public benefit organization to stop its operations; or Section 19(3)(c) remove the name of such public benefit organization from the register. Section 19(4) Cancellation of the certificate of registration terminates all the public benefit organization benefits but does not terminate any obligations, including those with respect to monies or assets obtained while the organization was a registered public benefit organization, nor does it terminate reporting requirements covering any such monies or assets or any period...
Section 20
Section 20. Freedom of association Section 20(1)(a) join in association with other organization or organizations as it may desire and to participate in forming a forum of public benefit organizations under this Act; Section 20(1)(b) join a forum of public benefit organizations; Section 20(1)(c) exit a forum of public benefit organizations. Section 20(2)(a) participate in its lawful activities; Section 20(2)(b) participate in the election of its officials and representatives.
Section 21
Section 21. Establishment of the Federation,etc. Section 21(1) There is established a federation of registered public benefit organizations to be known as the National Federation of Public Benefits Organizations, which shall be an umbrella organization of all public benefit organizations registered under this Act and the self-regulation forums of public benefit organizations recognised by the Authority. Section 21(2) Every registered organization shall be eligible for membership of the Federation. Section 21(3)(a) suing and being sued; Section 21(3)(b) taking, purchasing or otherwise acquiring, holding, charging or disposing of movable and immovable property; Section 21(3)(c) entering into contracts; and Section 21(3)(d) doing or performing all such other things or acts necessary for proper performance of its functions under this Act, which may lawfully be done or performed by a body corporate. Section 21(4)(a) be managed by a governing board consisting of not more than nine members; Section 21(4)(b) have a secretariat under the supervision of the chief executive officer of the Federation who shall also be the secretary to the governing board of the Federation; Section 21(4)(c) sub...
Section 22
Section 22. Appointment to statutory bodies,etc. Section the provisions of the Constitution and any other written law on leadership and integrity;
Section 23
Section 23. Organizations may join self-regulation Section 23(1) Each organization registered under this Act may voluntarily join and maintain membership in a self-regulation forum of registered public benefit organizations. Section 23(2) Each forum shall enter into a recognition agreement with the Authority upon proof to the satisfaction of the Authority that the forum represents a significant number of organizations registered by the Authority as prescribed by the Cabinet Secretary.
Section 24
Section 24. Self-regulation forums to develop and maintain codes of conduct Section 24(1) Each forum of public benefit organizations shall establish and maintain a code and standards by which its members shall be bound. Section 24(2) The forums of public benefit organizations may, for purposes of enhancing self-regulation, organise themselves in such federation of forums as may be expedient for that purpose. Section 24(3) The forums shall ensure that each code of conduct adopted by them is consistent with the national and foreign policies and the laws of Kenya, and that such code of conduct contain, as a minimum, the provisions of the general conduct of conduct.
Section 25
Section 25. Organizational integrity and internal self-regulation Section 25(1) The governing body of a public benefit organization shall be distinct and separate from the administrative and day-to-day management body of the organization. Section 25(2) The principles of transparency and accountability shall be applied to all the affairs and activities of a public benefit organization, whether with the Government, the target population or beneficiaries, donors, other public benefit organizations or other stakeholders. Section 25(3) The governing body of a public benefit organization shall establish clear and unambiguous guidelines relating to conduct and operations of the organization, including guidelines to ensure that the personal interests of its members, the staff and volunteers do not conflict with those of the organization or influence, or affect the performance of their duties. Section 25(4) A public benefit organization shall not discriminate against any person but in no event shall a public benefit organization created to assist targeted populations, where the target is determined in line with social justice values, be required to assist people of other populations. Sectio...
Section 26
Section 26. Voluntary service on governing body Section Every person who serves on the governing body of a public benefit organization shall serve on a voluntary basis and shall only be eligible for the reimbursement of costs and expenses incurred in the service of the organization.
Section 27
Section 27. Ethical principles and aspirations Section commitment to the sanctity of human life and to a peaceful and non-violent orientation in all its activities;
Section 28
Section 28. Promotion of self-regulation Section 28(1) The Authority shall encourage umbrella associations for public benefit organizations to develop and publish codes of conduct applicable to members, governing body officials, staff and volunteers of the public benefit organizations. Section 28(2) The Authority shall facilitate training on self-regulation of public benefit organization to deepen the knowledge and strengthen the capacity of public benefit organizations for self-regulation.
Section 29
Section 29. Fiscal transparency Section implement internal accounting and administrative procedures necessary to ensure the transparent and proper use of its financial and other resources;
Section 30
Section 30. Accounts and reports Section 30(1) Every public benefit organization registered under this Act shall keep proper books of accounts and other records in relation to its operations and activities and shall, subject to subsection (2), prepare annually a statement of accounts in a form which conforms to the standards of the generally accepted accounting practice applicable to non-profit organizations. Section 30(2) The financial statements prepared and submitted by a public benefit organization, shall include an opinion signed by an independent auditor as to whether the financial statements present fairly, in all material respects, the organization's financial position for the reporting period.
Section 31
Section 31. Annual report Section a statement of its accounts audited in accordance with section 30 (2) above;
Section 32
Section 32. Duty to provide information Section Every registered public benefit organization shall provide to the Authority, in writing, the names and physical, business and residential addresses of members of its governing body within one month after any appointment or election of the governing body.
Section 33
Section 33. Protection from personal liability Section No member of any governing body of a public benefit organization shall be held personally liable for any act done in good faith on behalf of the organization, or by virtue of the office held in the governing body.
Section 34
Section 34. Establishment of the Authority Section 34(1) There is established an Authority to be known as the Public Benefit Organizations Regulatory Authority. Section 34(2)(a) suing and being sued; Section 34(2)(b) taking, purchasing or otherwise acquiring, holding, charging or disposing of movable and immovable property; Section 34(2)(c) borrowing money or making investments; Section 34(2)(d) entering into contracts; and Section 34(2)(e) doing or performing all other acts or things for the proper performance of its functions under this Act which may lawfully be done or performed by a body corporate. Section 34(3) The Authority shall establish mechanisms to ensure that its services are available in all parts of the Republic.
Section 35
Section 35. Composition of Board of the Authority,etc Section 35(1)(a) the chairperson appointed by the Cabinet Secretary; Section 35(1)(b) three members, at least one of whom shall be of different gender from the other two, who have rendered distinguished service in the civil society, appointed by the Cabinet Secretary; Section 35(1)(c) the Principal Secretary in the ministry responsible for matters relating to public benefit organizations; Section 35(1)(d) the Principal Secretary in the ministry responsible for matters relating to finance; Section 35(1)(e) the Principal Secretary in the ministry responsible for matters relating to foreign affairs; Section 35(1)(f) the Attorney-General; Section 35(1)(g) one public officer representing the Principal Secretary responsible for such departments as the Authority shall determine; Section 35(1)(h) the chairperson of the governing board of the Federation; Section 35(1)(i) two members of the governing board of the federation, being one woman and one man, nominated by the members of the governing board of the Federation and appointeµ by the Cabinet Secretary; and Section 35(1)(j) the Director. Section 35(2) No person may be appointed as cha...
Section 36
Section 36. Qualifications of members of the Authority Section 36(1)(a) is a citizen of Kenya; Section 36(1)(b) is a person of high moral character and proven integrity; Section 36(1)(c) is a holder of at least an undergraduate degree from a university recognized in Kenya; Section 36(1)(d) has knowledge and at least five years' experience in matters relating to public benefit organizations, finance or management; and Section 36(1)(e) has no subsisting office or membership in a public benefit organization. Section 36(2)(a) is a member of the National Assembly; Section 36(2)(b) is a member of a local authority; Section 36(2)(c) is a member of the executive body of, or is actively involved in the affairs of, a political party.
Section 37
Section 37. Term of office Section The chairperson and the members of the Board of the Authority shall hold office for a term of three years and may be re-appointed for a further and final term of three years.
Section 38
Section 38. Oath of office Section The chairperson, the members of the Board of the Authority and the Director shall each make and subscribe to a prescribed oath or affirmation of office before the Chief Justice.
Section 39
Section 39. Vacancy Section 39(1)(a) dies; Section 39(1)(b) resigns from office by writing under his hand addressed to the Cabinet Secretary; Section 39(1)(c) is removed from office in accordance with the provisions of section 40 ; Section 39(1)(d) is convicted of an offence and sentenced to imprisonment for a term of three months or more without the option of a fine; Section 39(1)(e) is unable to discharge the functions of his office by reason of physical or mental infirmity; Section 39(1)(f) is absent from three consecutive meetings of the Board without good cause; or Section 39(1)(g) is declared bankrupt. Section 39(2) The Cabinet Secretary shall notify every vacancy in the Gazette within seven days of the occurrence of the vacancy.
Section 40
Section 40. Removal from office Section 40(1)(a) for gross misconduct or misbehaviour; or Section 40(1)(b) if convicted of an offence involving moral turpitude, but shall not be so removed except on a resolution of the Board supported by at least two-thirds of the members of the Board. Section 40(2) For the purposes of subsection (1), "misbehaviour" includes, but is not limited to criminal conduct and breach of the standards of professionalism referred to in section 27 (1)(j).
Section 41
Section 41. Filling of a vacancy Section 41(1) Where a vacancy occurs in the Board as a result of death, disability, resignation or removal of a member of the Board, the Cabinet Secretary shall appoint a replacement from among the short listed persons considered by the National Assembly in accordance with the Third Schedule. Section 41(2) A person who is appointed in place of a member of the Board whose office has become vacant under this section shall hold office for the remainder of the term of office of that member of the Board.
Section 42
Section 42. Functions of the Authority Section 42(1)(a) register and de-register public benefit organizations in accordance with this Act; Section 42(1)(b) maintain a register of public benefit organizations registered under this Act with the precise sectors, affiliations and locations of their activities; Section 42(1)(c) interpret the national policy on public benefit organizations so as to assist in its smooth implementation and observance by Government ministries, departments and agencies at various levels; Section 42(1)(d) receive and review annual reports of public benefit organizations; Section 42(1)(e) advise the Government on the activities of public benefit organizations and their role in development within Kenya; Section 42(1)(f) issue forms, instructions, and model documents; Section 42(1)(g) facilitate information sharing and networking between public benefit organizations and the Government; Section 42(1)(h) institute inquiries to determine if the activities of public benefit organizations do not comply with this Act or any other law; Section 42(1)(i) provide advice and training to public benefit organizations; and Section 42(1)(j) do anything incidental or conducive...
Section 43
Section 43. Power of the Board Section control, supervise and administer the assets of the Authority in such manner as best promotes the purpose for which the Authority is established;
Section 44
Section 44. Conduct of business and affairs of the Board Section 44(1) The conduct and regulation of the business and affairs of the Board shall be as provided in the Fourth Schedule. Section 44(2) Except as provided in the Fourth Schedule, the Board may regulate its own procedure.
Section 45
Section 45. Director Section 45(1) There shall be a Director of the Authority who shall be appointed by the Authority. Section 45(2) The Director shall hold office for a period of five years, on such terms and conditions of employment as the Authority may determine and shall be eligible for re-appointment for a further and final term of five years. Section 45(3) A person is not eligible for appointment as the Director unless he or she is a person of integrity and has knowledge or at least ten years' demonstrable experience in matters relating to strategic and program planning, operations or management, including staff management or supervision, or any equivalent combination of education and experience from which comparable knowledge, skills and abilities have been achieved. Section 45(4)(a) be the chief executive officer and the secretary to the Board; and Section 45(4)(b) subject to the directions of the Board, be responsible for the day to day management of the affairs and staff of the Authority. Section 45(5) The Director shall, unless in any particular case the Board otherwise directs in writing, attend all meetings of the Board but shall have no vote on any matter falling to b...
Section 46
Section 46. Staff of the Authority Section 46(1) The Board shall appoint a Deputy Director and such officers and other staff as are necessary for the proper discharge of the functions of the Authority under this Act, upon such terms and conditions of service as it may determine. Section 46(2) In appointing officers and staff under subsection (1), the Board shall have regard to gender equity and regional balance.
Section 47
Section 47. Delegation by the Board Section The Board may, by resolution either generally or in any particular case, delegate to any committee or to any member, officer, employee or agent of the Board, the exercise of any of the powers or the performance of any of the functions or duties of the Authority under this Act or under any other written law.
Section 48
Section 48. Protection from personal liability Section 48(1) No act or omission by any member of the Board or by any officer, employee, agent or servant of the Board shall, if the act or omission was done in good faith for the purposes of executing a function, power or duty under the Act render such member, officer, employee, agent or servant personally liable to any, action, claim or demand whatsoever. Section 48(2) The provisions of subsection (1) shall not relieve the Authority of the liability to pay compensation to any person for any injury to the person, the person's property or to any of the person's interests caused by the exercise of any power conferred by this Act or by failure, whether wholly or partially, of any works.
Section 49
Section 49. Common seal Section 49(1) The common seal of the Authority shall be kept in such custody as the Board may direct and shall not be used except on the order of the Board. Section 49(2) The affixing of the common seal of the Authority shall be authenticated by the signature of the chairperson and the Director and any document not required by law to be made under seal and all decisions of the Board may be authenticated by the signatures of both the chairperson and the Director. Section 49(3) Notwithstanding the provisions of subsection (2) the Board shall, in the absence of either the chairperson or the Director in a particular matter, nominate one member to authenticate the seal on behalf of either the chairperson or the Director. Section 49(4) The common seal of the Authority when affixed to a document and duly authenticated shall be judicially and officially noticed and unless and until the contrary is proved, any necessary order or authorization by the Board under this section shall be presumed to have been duly given.
Section 43A
Section 43A. Power of the Authority to public benefit organizations at risk of terrorism financing Section 43A(1)(a) periodically identify organizations that are likely to be at risk of terrorist financing abuse; Section 43A(1)(b) periodically conduct an assessment of the terrorism financing risks posed to such public benefit organizations; Section 43A(1)(c) develop focused, proportionate and risk-based actions to address terrorism financing risks identified in paragraph (b); Section 43A(1)(d) ensure that the measures developed in paragraph (c) do not undermine the legitimate operations of public benefit organizations. Section 43A(2) The Authority shall ensure effective co-operation, coordination and information sharing on public benefit organizations at risk of terrorism financing with the Financial Reporting Centre and relevant law enforcement authorities. Section 43A(3) The Authority shall have the power to issue regulations, guidelines, directions, rules or instructions for the public benefit organisation that have been identified to be at risk Section 43A(4) The Authority may impose monetary, civil or administrative sanctions for violations under the Act. Section 43A(5) The Au...