S.L. 16.17 Art. 6Associations established on or after 1st July 2019 up to the date of coming into force of these regulations. 10 [S.L. Associations established after the coming into force of these regulations. Rules applicable to all cases for regulations 5 and 6. Online registration.

(1) Any association which is established on or after

1st July 2019 until the coming into force of these regulations, irrespective of whether this is registered or not with the Registrar for

Legal Persons in terms of the Second Schedule or applicable regulations or with any other registrar, commissioner, board or authority in terms of any special law, shall comply with these regulations within three (3) months of the coming into force of these regulations and there shall be delivered to the Registrar for Legal Persons within such time period a declaration in the prescribed form, signed by one of the administrators of the association containing adequate, accurate and up-to-date information in accordance with regulation 4 on all the beneficial owners of the association. Where the administrator is a body corporate, such declaration shall be signed by one director thereof:

Provided that if the association is not registered with the Registrar for Legal Persons in terms of the Second Schedule or applicable regulations, there shall also be delivered to the Registrar for Legal Persons by the aforementioned period of time, together with the aforementioned declaration, an authenticated copy of the statute of the association.

(2) With reference to an association referred to in sub-regulation (1):

(a) in the case of an association which is not registered with the Registrar for Legal Persons in terms of the Second Schedule or applicable regulations or with any other registrar, commissioner, board or authority in terms of any special law, the association shall comply with these regulations before it commences activities notwithstanding the date for compliance stated in sub-regulation (1); and

(b) in the case of an association which seeks registration with the Registrar for Legal Persons in terms of the Second Schedule or applicable regulations or with any other 16.17 (REGISTER OF BENEFICIAL OWNERS – ASSOCIATIONS)

registrar, commissioner, board or authority in terms of any special law, the association shall not commence activities and the association and all relative documents, shall not be registered in accordance with the applicable special laws unless the Registrar for Legal Persons is satisfied that the requirements of these regulations have also been complied with and this, notwithstanding the date for compliance stated in sub-regulation (1).

(3) Any association which is established after the coming into force of these regulations, irrespective of whether this is to be registered or not with the Registrar for Legal Persons in terms of the

Second Schedule or applicable regulations or with any other registrar, commissioner, board or authority in terms of any special law, shall comply with these regulations within three (3) months of the date of its establishment and there shall be delivered to the Registrar for Legal Persons within such time period:

(a) a declaration in the prescribed form, signed by one of the administrators of the association containing adequate, accurate and up-to-date information in accordance with regulation 4 on all the beneficial owners of the association. Where the administrator is a body corporate, such declaration shall be signed by one director thereof; and

(b) if the association is not registered within the Registrar for Legal Persons in terms of the Second Schedule or applicable regulations, there shall also be delivered to the Registrar for Legal Persons, within the aforementioned time period, together with the aforementioned declaration, an authenticated copy of the statute of the association.

(4) With reference to an association referred to in sub-regulation (3):

(a) in the case of an association which is not registered with the Registrar for Legal Persons in terms of the Second Schedule or applicable regulations or with any other registrar, commissioner, board or authority in terms of any special law, the association shall comply with these regulations before it commences activities; and

(b) in the case of an association which seeks registration with the Registrar for Legal Persons in terms of the Second Schedule or applicable regulations or with any other registrar, commissioner, board or authority in terms of any special law, the association shall not commence activities and the association and all relative documents, shall not be registered in accordance with the applicable special law unless the Registrar for Legal Persons is satisfied that the requirements (REGISTER OF BENEFICIAL OWNERS – ASSOCIATIONS) of this regulation have also been complied with.

(5) (a) Any personal data submitted to the Registrar for

Legal Persons under these regulations, shall be current and shall correspond to the actual beneficial owners of the association on the date of submission.

(b) On a continuing basis, if the association is registered, the Registrar for Legal Persons, or where the registration has taken place under a special law, the relevant registrar, commissioner, board or authority, shall not proceed with the registration of any registerable forms or documents of the association delivered to him in accordance with any applicable special law, unless the Registrar for Legal Persons is satisfied that the requirements of these regulations have been complied with.

For the purpose of these regulations:

(i) the relevant registrars, commissioners, boards or authority shall co-ordinate their activities with the Registrar for Legal Persons in accordance with guidelines issued by him on such matters from time to time; and

(ii) the relevant registrar, commissioner, board or authority shall notify any association for which a submission is refused due to non-compliance with these regulations of the reasons for refusal.

(6) In case of default of compliance with regulation 5(1), 6(1) and 6(3), the association and every administrator of the association who is in default shall be jointly and severally liable to a penalty, and, for every day during which the default continues, to a further penalty:

Provided that the association and the administrators of the association shall not be liable if they had exercised all due diligence to comply with the provisions of these regulations and the default was not due to any negligent act or omission on their part.

(7) The Registrar for Legal Persons shall be entitled to require online registration of any documents or forms submitted to him in accordance with these regulations, and to establish the rules and procedures relative thereto in guidelines which he may issue for this purpose.