Fund-raising Act, 1978 (Act No. 107 of 1978)RegulationsRegulations made under the Fundraising Act, 197813. Financial Statements |
| (1) | Subject to the provisions of section 12(4) of the Act, every fund-raising organisation or registered branch shall in respect of every financial year cause to be prepared in one of the official languages— |
| (a) | financial statements fully setting out the financial affairs of such fund-raising organisation or registered branch, and consisting of— |
| (i) | an income statement in the form of Schedule VI; |
| (ii) | a statement in the form of Schedule VI (A), setting out the allocation of functional expenditure; |
| (iii) | a statement of source and application of funds in the form of Schedule VI (B); |
| (iv) | a balance sheet in the form of Schedule VII; |
| (v) | the auditor's report referred to in subregulation (3); |
| (b) | an annual report containing— |
| (i) | such information as may reasonably be necessary to supplement and elucidate the information furnished in its financial statements; |
| (ii) | an estimate of income and expenditure for the ensuing financial year; |
| (iii) | the names and addresses of the persons who have collected contributions for or on behalf of such organisation or registered branch in terms of an agreement referred to in section 7(3) of the Act and a statement showing the total amount of the contributions so collected by each such person, the total amount of remuneration paid to him and full particulars of any other expenses incurred in connection with such collection of contributions; |
| (iv) | the names and addresses of the members of its management, the names of any such members who have died, resigned or retired during the year or whose term of office has otherwise been terminated and the names and addresses of the persons elected or re-elected or appointed or re-appointed in the vacancies which have thus occurred. |
| (2) | If a fund-raising organisation or registered branch is conducting one or more subsidised services the financial statements referred to in subregulation (1)(a)(i) and (ii) shall be furnished separately in respect of each such subsidised service. |
| (3) |
| (a) | When the auditor of the fund-raising organisation or registered branch has carried out his audit free from any restrictions he shall make a report to the effect that he has examined the financial statements in so far as he deemed it necessary for the purposes of his audit and that in his opinion they fairly represent the financial position and the results of the operations of such organisation or branch in the manner required by the Act. |
| (b) | In the event of the auditor being unable to make such a report or to make it without qualification, he shall include in his report a statement to that effect and set forth the facts or circumstances which prevent him from so making his report or from making it without qualification. |
| (4) | The auditor referred to in subregulation (3) shall not be a member of the management of the fundraising organisation or registered branch concerned. |
| (5) | The financial statements and annual report referred to in this regulation shall be submitted to the Director within the period of six months immediately following upon the close of the financial year to which they refer. |
| (6) | The provisions of subregulations (1)(a)(i) and (ii), (3) and (4) shall mutatis mutandis apply to a holder in respect of the period of the validity of a temporary authority granted to him. |