Charities (Jersey) Law 2014

en · official · sha256:620796b9268ee5749efbe116585cd01d1c1c1495e3dd69de4f29d2fcd69c917eEN

1 Interpretation In this Law, unless the context otherwise requires – “annual return” means a return sent under Article 13(7); “charitable purpose” has the meaning given by Article 6; “Commissioner” means the person for the time being appointed to hold the office of the Jersey Charity Commissioner established by Article 3; “company” means a company registered under the Companies (Jersey) Law 1991, or an existing company within the meaning of that Law, and in relation to a company the expressions “director”, “memorandum” and “articles of association” have the same meanings as in that Law; “Comptroller” has the meaning given by the Revenue Administration (Jersey) Law 2019; “constitution” has the meaning given by Article 2(4); “constitutional Law” has the meaning given by Article 2(5); “court”, in the expression “the court”, means the Royal Court; “court-approved fidéicommis” means a fidéicommis created under Article 3 of the Loi of 1862, or to which the court has extended the benefits of that Loi under Article 17 of that Loi; “donation” is to be construed in accordance with the Order made under Article 9(3)(b)(ii); “entity” has the meaning given by Article 2(1); “foundation” means a foundation incorporated under the Foundations (Jersey) Law 2009, and “charter”, “regulations” and “council member” have, in relation to a foundation, the same meanings as in that Law; “general section” means the section of the register that is to be distinguished from the restricted and historic sections under Article 8(2); “governor” in relation to an entity (including a registered charity) has the meaning given by Article 2(7); “incorporated 1862 association” means an association incorporated under Article 4 of the Loi of 1862; “JFSC” means the Jersey Financial Services Commission established by the Financial Services Commission (Jersey) Law 1998; “Jersey entity” has the meaning given by Article 2(3); “Loi of 1862” means the Loi (1862) sur les teneures en fidéicommis et l’incorporation d’associations; “Minister” means the Minister for External Relations; “misconduct” has the meaning given by Article 2(10), and a reference to a governor engaging in misconduct is to be read in accordance with Article 18(4); “prescribed” and “specified” mean prescribed or specified in an Order or Regulations, as the case may be; “property” has the meaning given by the Trusts (Jersey) Law 1984; “publish”, in respect of any information, means publish in a manner that, in the opinion of the person publishing, is likely to bring the information or how the information may be obtained to the attention of the public or of those affected by the information; “purpose”, in relation to an entity, has the meaning given by Article 2(6); “register” means the register kept by the Commissioner under Article 8, or (as a verb) to enter an entity on that register, and “registration” and “deregistration” are to be construed accordingly; “registered charitable purposes” has the meaning assigned by Article 8(3)(e); “registered charity” means an entity entered for the time being in the general section or the restricted section of the register; “registered public benefit statement” has the meaning assigned by Article 8(3)(f); “regulated financial services business” means business for which a person – (a) is registered under the Banking Business (Jersey) Law 1991; (b) holds a permit or certificate under the Collective Investment Funds (Jersey) Law 1988; (c) is registered under the Financial Services (Jersey) Law 1998; or (d) is authorized by a permit under the Insurance Business (Jersey) Law 1996; “reportable matter” has the meaning given by Article 19; “required steps notice” means a notice served under Article 27; “restricted section” means the section of the register that is to be distinguished from the general and historic sections under Article 8(2); “solicit” is to be construed in accordance with the Order made under Article 9(3)(b)(i); “tribunal” means the Charity Tribunal established by Article 32; “trust” means a trust over which the court has jurisdiction under Article 5 of the Trusts (Jersey) Law 1984.

Ссылаются нормы: HistoricSectionIsNotRegistered, RegisteredCharityGeneralSection, RegisteredCharityRestrictedSection, commissioner, court, minister, registered_charity, tribunal

en · official · sha256:71f8565c1de818649e823dac19a45235339dfc3d2d88c6286762c6e383e076d4EN

11 Application to register (1) An entity (“the applicant”), that wishes to have available to it the advantages of registration as a charity under this Law, may apply to be registered. (2) The applicant must provide to the Commissioner, in such form as the Commissioner may publish in relation to an entity of a description into which that charity falls – (a) information and evidence, as at the time of the application and (if different) as proposed once the entity is registered, as to – (i) how the entity meets the requirements of paragraphs (4)(c) and (d), (ii) the matters that are required to be registered under sub-paragraphs (a), (b) and (d) of Article 8(3), and (iii) if applicable, the matters that are required to be registered under sub-paragraphs (h), (i), (m) and (n) of Article 8(3); (b) a copy of the applicant’s constitution; (c) a draft of the proposed statement of the entity’s registered charitable purposes; (d) a draft of the entity’s registered public benefit statement; (e) details of – (i) the applicant’s most recent, if any, financial accounts, (ii) any payment made to any governor of the entity in the 12 months preceding the application, and if an Order under Article 13(9)(b) applies to the registered charity, a draft of the proposed statement under that Order, (iii) any other financial information that would be required if the application were for registration under the Non-Profit Organizations (Jersey) Law 2008, and (iv) if the applicant is not requesting entry in the restricted section of the register, any further financial information prescribed by the Minister by Order; and (f) such other information, documents and evidence as may be – (i) required by Regulations under paragraph (3), or (ii) otherwise requested by the Commissioner in order to determine the application. (3) The States may by Regulations – (a) prescribe other information, documents or evidence that must be provided on an application; (b) make further provision as to the procedure for making an application. (4) If the applicant complies with paragraph (2), with any Regulations under paragraph (3), and with Article 19(5), the Commissioner must register the applicant as a charity if satisfied that – (a) the applicant meets the charity test, or will do so on registration; (b) the constitution of the applicant is a written document; (c) the applicant – (i) is a Jersey entity, or (ii) carries out, or intends to carry out, in or from within Jersey, an activity that is, in the opinion of the Commissioner, substantial; (d) the applicant has a principal address in Jersey, within the meaning of Article 8(4); (e) the name of the applicant is not undesirable under Article 12; and (f) no other ground for refusal, prescribed under paragraph (7), applies or should be applied. (5) If not so satisfied, the Commissioner must refuse to register the applicant. (6) For the purpose of paragraph (4)(c)(ii) – (a) the Commissioner must publish and maintain guidance as to how he or she determines whether an activity is substantial; (b) Articles 5(6) to (8) apply to that guidance as they apply to guidance under Article 5(4); (c) the Commissioner must have regard to that guidance, in determining whether an activity is substantial; and (d) a registered charity, a governor of a registered charity, the tribunal and the court must have regard to the guidance when performing any of their functions under this Law to which the guidance is relevant. (7) The States may by Regulations prescribe further grounds on which an application must or may be refused, and those grounds may, without limitation, include – (a) that the entity has only one governor, not being a person who, by way of acting as a governor, carries on a prescribed description of regulated financial services business or any other prescribed description of business; or (b) that a number or proportion of its governors are related to each other in prescribed ways. (8) The Minister may by Order – (a) make provision as to – (i) the period within which the Commissioner must make a decision on an application, (ii) the notification to applicants of decisions and of reasons for refusal; (b) after consulting the Commissioner and any body appearing to the Minister to be representative of interested entities, provide that any provision of paragraph (2) – (i) does not apply to a prescribed description of applicant appearing to the Minister to require relief from the burden of that provision by virtue of the small size, or lack of resources or expertise of applicants of that description, or (ii) applies to a prescribed description of applicant only subject to a modification prescribed by the Order, being a modification that appears to the Minister to give reasonable relief from the burden of that provision, having regard to the small size, or lack of resources or expertise of applicants of that description. (9) The Commissioner must – (a) on registering an entity as a charity, issue to that charity a certificate of registration, in the form published by the Commissioner, confirming the registered name, the registration number and the date of registration of the charity; and (b) on entering on the register a new or alternative registered name, under Article 12(5), issue a further such certificate confirming the new or alternative registered name and the date on which that name was entered on the register. (10) An applicant for registration, if it is an entity that is required to be registered under the Non-Profit Organizations (Jersey) Law 2008 but is not so registered, must – (a) provide with the application any additional information that must be provided to the JFSC in an application for registration under that Law; and (b) request to be registered under that Law (by virtue of paragraph (11)). (11) If the Commissioner receives information and a request under paragraph (10) – (a) the Commissioner must pass to the JFSC that request, with the information and documents, held by the Commissioner, that must be provided to the JFSC in an application for registration under the Non-Profit Organizations (Jersey) Law 2008; and (b) the JFSC must treat that request, with the information and documents, as an application for registration under that Law.

en · official · sha256:0cb52d4ff60a2ceda2fb0c45e37f045d9d569bfff35a19431cedb78114f32a32EN

(1) An entity (“the applicant”), that wishes to have available to it the advantages of registration as a charity under this Law, may apply to be registered.

Ссылаются нормы: CharityTestSubjectApplicant, applicant_for_registration

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(2) The applicant must provide to the Commissioner, in such form as the Commissioner may publish in relation to an entity of a description into which that charity falls – (a) information and evidence, as at the time of the application and (if different) as proposed once the entity is registered, as to – (i) how the entity meets the requirements of paragraphs (4)(c) and (d), (ii) the matters that are required to be registered under sub-paragraphs (a), (b) and (d) of Article 8(3), and (iii) if applicable, the matters that are required to be registered under sub-paragraphs (h), (i), (m) and (n) of Article 8(3); (b) a copy of the applicant’s constitution; (c) a draft of the proposed statement of the entity’s registered charitable purposes; (d) a draft of the entity’s registered public benefit statement; (e) details of – (i) the applicant’s most recent, if any, financial accounts, (ii) any payment made to any governor of the entity in the 12 months preceding the application, and if an Order under Article 13(9)(b) applies to the registered charity, a draft of the proposed statement under that Order, (iii) any other financial information that would be required if the application were for registration under the Non-Profit Organizations (Jersey) Law 2008, and (iv) if the applicant is not requesting entry in the restricted section of the register, any further financial information prescribed by the Minister by Order; and (f) such other information, documents and evidence as may be – (i) required by Regulations under paragraph (3), or (ii) otherwise requested by the Commissioner in order to determine the application.

Ссылаются нормы: application_complies_with_article_11_2

en · official · sha256:ad59c693c5426e12afc61f7161ac432d584345c08c94fa2516dce047e9b0eebbEN

(4) If the applicant complies with paragraph (2), with any Regulations under paragraph (3), and with Article 19(5), the Commissioner must register the applicant as a charity if satisfied that – (a) the applicant meets the charity test, or will do so on registration; (b) the constitution of the applicant is a written document; (c) the applicant – (i) is a Jersey entity, or (ii) carries out, or intends to carry out, in or from within Jersey, an activity that is, in the opinion of the Commissioner, substantial; (d) the applicant has a principal address in Jersey, within the meaning of Article 8(4); (e) the name of the applicant is not undesirable under Article 12; and (f) no other ground for refusal, prescribed under paragraph (7), applies or should be applied.

Ссылаются нормы: CommissionerMustRegister, JerseyConnectionByActivity, JerseyConnectionByEntity, RefusalGroundCharityTest, RefusalGroundUndesirableName, RefusalGroundUnwrittenConstitution, RegisterQualifyingApplicant, RegistrationConditionsSatisfied, applicant_registered, constitution_is_written_document, jersey_connection, principal_address_in_jersey, registration_conditions_satisfied, substantial_activity_in_or_from_jersey

en · official · sha256:61096c8778ae0b964ea29ea2d69522fff3541bba6f311a854a10cb4234a4a465EN

(5) If not so satisfied, the Commissioner must refuse to register the applicant.

Ссылаются нормы: CommissionerMustRefuse, RefusalWhenGroundExists, RefuseUnqualifiedApplicant, applicant_refused, registration_must_be_refused, registration_refusal_ground

en · official · sha256:f47b4487adbb324199227d1d2193e9d009ffcbdf6ed156a687766016cc9ac951EN

(9) The Commissioner must – (a) on registering an entity as a charity, issue to that charity a certificate of registration, in the form published by the Commissioner, confirming the registered name, the registration number and the date of registration of the charity; and (b) on entering on the register a new or alternative registered name, under Article 12(5), issue a further such certificate confirming the new or alternative registered name and the date on which that name was entered on the register.

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12 Name of charity (1) For the purpose of Article 11(4)(e), the name of an entity is undesirable as the registered name of a charity if, in the opinion of the Commissioner, the name – (a) is the same as, or too similar to, the name of any other registered charity; (b) is likely to mislead the public as to the purpose, activities or identity of the entity; (c) gives the impression that the entity is connected to any person to which it is not connected, whether in Jersey or elsewhere; or (d) is offensive. (2) If the Commissioner registers the entity, the Commissioner must – (a) enter the name of the entity in the register (the “registered name”); and (b) allocate a number in respect of the registration, and enter that number (“the registration number”) in the register. (3) A registered charity may apply to the Commissioner for permission to change its registered name or to add an alternative registered name. (4) The Commissioner must refuse permission if, in his or her opinion, any of the grounds in sub-paragraphs (a) to (d) of paragraph (1) applies in relation to the proposed name. (5) If the Commissioner grants permission, and the registered charity notifies the Commissioner that it has changed or added the name accordingly, the Commissioner must enter on the register the new or alternative registered name. (6) If a registered charity reports a matter relating to its registered name under Article 13(6)(b), the Commissioner may require the charity to apply to change its registered name under paragraph (3). (7) A registered charity must not use any name other than – (a) its registered name or one of its registered names; or (b) another name that – (i) is related to such a name, and (ii) is not, in the opinion of the Commissioner, undesirable within the meaning of paragraph (1), in the context in which it is used.

en · official · sha256:9e8c6969dda07d56244ee1286b30a6ad3f7803d924ff11b7341d8d186700c4e1EN

(1) For the purpose of Article 11(4)(e), the name of an entity is undesirable as the registered name of a charity if, in the opinion of the Commissioner, the name – (a) is the same as, or too similar to, the name of any other registered charity; (b) is likely to mislead the public as to the purpose, activities or identity of the entity; (c) gives the impression that the entity is connected to any person to which it is not connected, whether in Jersey or elsewhere; or (d) is offensive.

Ссылаются нормы: NameNotUndesirable, NameUndesirableByFalseConnection, NameUndesirableByMisleading, NameUndesirableByOffensiveness, NameUndesirableBySimilarity, name_gives_impression_of_connection, name_gives_impression_of_connection/external, name_is_offensive, name_is_offensive/external, name_likely_to_mislead_the_public, name_likely_to_mislead_the_public/external, name_same_as_or_too_similar_to_registered_charity, name_same_as_or_too_similar_to_registered_charity/external, name_undesirable

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(2) If the Commissioner registers the entity, the Commissioner must – (a) enter the name of the entity in the register (the “registered name”); and (b) allocate a number in respect of the registration, and enter that number (“the registration number”) in the register.

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(3) A registered charity may apply to the Commissioner for permission to change its registered name or to add an alternative registered name.

en · official · sha256:dc100d6d6e1022f47e46d4ac26c1873294778a0d7fb38712dd98889f9d50f2e8EN

(4) The Commissioner must refuse permission if, in his or her opinion, any of the grounds in sub-paragraphs (a) to (d) of paragraph (1) applies in relation to the proposed name.

en · official · sha256:ac0f59f77f57f458d1a03d4af4176ce0ddcf538e5dd921b38c51a6d32850ac48EN

(7) A registered charity must not use any name other than – (a) its registered name or one of its registered names; or (b) another name that – (i) is related to such a name, and (ii) is not, in the opinion of the Commissioner, undesirable within the meaning of paragraph (1), in the context in which it is used.

Ссылаются нормы: ObserveRegisteredNameRestriction, RefrainFromUsingOtherName, UseOfOtherNameObservanceDuty, UseOfOtherNameProhibition, registered_name_observed, uses_name_other_than_registered

en · official · sha256:bfb3f002e651487b1497a97395b0c8149cab3d26a8acd34cfab59c63c31ddcdeEN

13 Effects of registration (1) Paragraphs (2) to (4) apply while an entity is registered as a charity, and only cease to apply if the entity is deregistered. (2) Any provision of the entity’s constitution or constitutional Law is of no effect to the extent that it purports to permit an amendment of the purposes of the entity to include a purpose that is not charitable. (3) Any provision of the entity’s constitution or constitutional Law that purports to permit an amendment of the purposes of the entity to add or substitute a different charitable purpose, is to be read as being subject to the entity – (a) providing evidence, to the satisfaction of the Commissioner, of a reason justifying the proposed amendment; and (b) obtaining the Commissioner’s prior approval of the proposed amendment. (4) The entity must – (a) provide public benefit in accordance with its registered public benefit statement; and (b) if it requests the Commissioner’s approval of a proposed amendment to that statement, provide evidence, to the satisfaction of the Commissioner, of a reason justifying that request. (5) A registered charity must, while it is entered in the restricted section of the register, ensure – (a) that it meets the condition, prescribed under Article 9(2), as to which the Commissioner was satisfied under Article 9(6)(b); or (b) if, before it ceased to meet that condition, the Commissioner gave prior permission for it to remain entered in the restricted section on the basis of a different condition prescribed under that Article, that it meets that condition as specified in that permission. (6) A registered charity must promptly report to the Commissioner – (a) a change in a matter about which information is entered on the register (whether in the general or restricted section) in relation to that charity; (b) any other matter, coming to light after registration or after permission for a change of name, that could, if known before the registration or permission, have led to the Commissioner refusing to register the charity, refusing to accept the name of the charity, or entering it in a different section; (c) a proposal to change the charity’s constitution; (d) a proposal that could result, or an event that has resulted in the charity ceasing to meet the requirements of Article 11(4)(c) or (d); (e) a reportable matter, in relation to a governor of the charity, if the charity is aware that the governor has not promptly reported it to the Commissioner under Article 19(2); (f) a matter likely to lead to the charity becoming bankrupt, being wound up or otherwise ceasing to exist; (g) if the charity is entered in the restricted section, a proposal to change how or whether the charity meets a condition prescribed under Article 9(2); and (h) any other matter prescribed by the Minister by Order for this purpose. (7) A registered charity must send an annual return to the Commissioner, containing information as to any matter falling within paragraph (6) arising during the year to which the return relates, and as to any other matter prescribed by the Minister by Order for this purpose. (8) An Order under paragraph (7) may also make provision as to the format and timing of the annual return, the consequences of lateness, and the content of any entries to be made on the register in respect of the annual return. (9) The Minister may by Order – (a) require a registered charity to include in its annual return details of a prescribed description of any payment made, during the year to which the return relates, by or on behalf of the registered charity to a governor, or to a person having a prescribed connection with a governor; (b) require a registered charity to provide to the Commissioner a statement of its current intentions as to making any payments of such a prescribed description in future; (c) provide for the entry on the register by the Commissioner of the details included under sub-paragraph (a) in the charity’s latest annual return, and of the statement provided under sub-paragraph (b). (10) The Minister may by Order, after consulting the Commissioner and any body appearing to the Minister to be representative of interested registered charities, provide that any provision of paragraph (6) or (7), or of any Order under paragraph (7), (8) or (9) – (a) does not apply to a prescribed description of charity appearing to the Minister to require relief from the burden of that provision by virtue of the small size, or lack of resources or expertise of charities of that description; or (b) applies to a prescribed description of charity only subject to a modification prescribed by the Order, being a modification that appears to the Minister to give reasonable relief from the burden of that provision, having regard to the small size, or lack of resources or expertise of charities of that description. (11) A registered charity – (a) must not make any payment that is inconsistent with a statement provided under paragraph (9)(b); (b) may apply to the Commissioner, with reasons, for permission to amend that statement. (12) If the States make Regulations under Article 11(7), those Regulations may also make provision requiring a registered charity or its governors (or both) to avoid, or report and remedy, a situation arising at a time after registration, being a situation in which, if the charity were at that time applying for registration, there would be grounds under those Regulations to refuse that application. (13) If a court-approved fidéicommis or an incorporated 1862 association becomes registered as a charity under this Law, paragraphs (2) and (3) do not apply to that registered charity to the extent that they are inconsistent with any order made, whether before or after registration under this Law, by the court under the Loi of 1862.

en · official · sha256:502b6f5d2128e0bce5e03ffa7d8eb5b897c36f4584f04f23ac1311a935a5e558EN

(11) A registered charity – (a) must not make any payment that is inconsistent with a statement provided under paragraph (9)(b); (b) may apply to the Commissioner, with reasons, for permission to amend that statement.

Ссылаются нормы: InconsistentPaymentObservanceDuty, InconsistentPaymentProhibition, ObservePaymentStatement, RefrainFromInconsistentPayment, makes_payment_inconsistent_with_statement, payments_consistent_with_statement

en · official · sha256:9fedb76521dc670a832b278ba62d50d817904d5b758953c708ca65756a3c541cEN

(2) Any provision of the entity’s constitution or constitutional Law is of no effect to the extent that it purports to permit an amendment of the purposes of the entity to include a purpose that is not charitable.

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(4) The entity must – (a) provide public benefit in accordance with its registered public benefit statement; and (b) if it requests the Commissioner’s approval of a proposed amendment to that statement, provide evidence, to the satisfaction of the Commissioner, of a reason justifying that request.

Ссылаются нормы: ProvidePublicBenefitPerStatement, ProvidePublicBenefitPerStatementDuty, public_benefit_provided_per_statement

en · official · sha256:7573fc2d4695fcfd5e24a10a0f8d64908d60a777eac3dccc63d14180625dc89bEN

(5) A registered charity must, while it is entered in the restricted section of the register, ensure – (a) that it meets the condition, prescribed under Article 9(2), as to which the Commissioner was satisfied under Article 9(6)(b); or (b) if, before it ceased to meet that condition, the Commissioner gave prior permission for it to remain entered in the restricted section on the basis of a different condition prescribed under that Article, that it meets that condition as specified in that permission.

Ссылаются нормы: EnsureRestrictedSectionCondition, RestrictedSectionConditionDuty, restricted_section_condition_met

en · official · sha256:994a486b66ed2be28d6ed8cbccb6a67abcd81fe54e26266022c0f1786fdb93eeEN

(6) A registered charity must promptly report to the Commissioner – (a) a change in a matter about which information is entered on the register (whether in the general or restricted section) in relation to that charity; (b) any other matter, coming to light after registration or after permission for a change of name, that could, if known before the registration or permission, have led to the Commissioner refusing to register the charity, refusing to accept the name of the charity, or entering it in a different section; (c) a proposal to change the charity’s constitution; (d) a proposal that could result, or an event that has resulted in the charity ceasing to meet the requirements of Article 11(4)(c) or (d); (e) a reportable matter, in relation to a governor of the charity, if the charity is aware that the governor has not promptly reported it to the Commissioner under Article 19(2); (f) a matter likely to lead to the charity becoming bankrupt, being wound up or otherwise ceasing to exist; (g) if the charity is entered in the restricted section, a proposal to change how or whether the charity meets a condition prescribed under Article 9(2); and (h) any other matter prescribed by the Minister by Order for this purpose.

Ссылаются нормы: ReportChangesDuty, ReportRegistrableChanges, reportable_changes_reported

en · official · sha256:bc0504f6db39da9d7696f3a6f289899ab8f53aa9d4cf940556316b77b6d3a00aEN

(7) A registered charity must send an annual return to the Commissioner, containing information as to any matter falling within paragraph (6) arising during the year to which the return relates, and as to any other matter prescribed by the Minister by Order for this purpose.

Ссылаются нормы: AnnualReturnDuty, SendAnnualReturn, annual_return_sent

en · official · sha256:3f1e01e4ffea68e03772f723e3060649bd6a4f04b80551ea22cd9fbe67c13c46EN

15 Deregistration on application by entity (1) An entity that is a registered charity may apply to the Commissioner to terminate the registration of the entity as a charity (to “deregister” the entity). (2) An entity applying for deregistration must provide the Commissioner with any information or document requested by the Commissioner in relation to the entity’s proposals for the continuation or winding up of the entity and for the application of any of its property remaining after deregistration. (3) If the entity complies with paragraph (2) the Commissioner must – (a) deregister the entity; or (b) refuse to deregister the entity on grounds relating to the proposals mentioned in paragraph (2).

en · official · sha256:aac5542a6400ffbcf8f84466c2eaa0bc14be86bd2fb459e21ff7d07e00c5aa88EN

(1) An entity that is a registered charity may apply to the Commissioner to terminate the registration of the entity as a charity (to “deregister” the entity).

Ссылаются нормы: ApplyForDeregistration, DeregistrationApplicationLiberty, applies_for_deregistration

en · official · sha256:5289a3732c7c8998011b15cdb38eacd51ed35309423e4c68dbf11c91db0792b3EN

(3) If the entity complies with paragraph (2) the Commissioner must – (a) deregister the entity; or (b) refuse to deregister the entity on grounds relating to the proposals mentioned in paragraph (2).

en · official · sha256:3d2b17176f61921b0c9ac078b3b2cb6353228f9ee1554b0e498304abed042a32EN

16 Deregistration in other cases (1) The Commissioner may, by written notice to an entity that is registered as a charity, deregister the entity if satisfied, after giving the entity written notice specifying reasons and inviting objections within a reasonable time specified in the notice, that it is proportionate to do so on the ground that – (a) the entity no longer meets the charity test; (b) the Commissioner was misled into registering the entity, whether by the entity or by any other person and whether intentionally or otherwise; (c) the entity has failed to comply with a required steps notice; or (d) any other circumstance prescribed by the Minister by Order applies. (2) If the Commissioner is satisfied that an entity that is registered as a charity no longer exists, the Commissioner must, by written notice to any person purporting to be a governor of the entity or to be responsible for the winding up of the affairs of the entity, deregister the entity.

en · official · sha256:5efc8a727ad42dae1607f57c19f09638d520e3598cd71e7fb776f110b02161dfEN

(1) The Commissioner may, by written notice to an entity that is registered as a charity, deregister the entity if satisfied, after giving the entity written notice specifying reasons and inviting objections within a reasonable time specified in the notice, that it is proportionate to do so on the ground that – (a) the entity no longer meets the charity test; (b) the Commissioner was misled into registering the entity, whether by the entity or by any other person and whether intentionally or otherwise; (c) the entity has failed to comply with a required steps notice; or (d) any other circumstance prescribed by the Minister by Order applies.

Ссылаются нормы: DeregistrationForFailingCharityTest, NoLongerMeetsCharityTest, ProportionalityDeterminedByCommissioner, deregistration_determined_proportionate, deregistration_proportionate, deregistration_proportionate/external, may_deregister, no_longer_meets_charity_test, notice_of_reasons_given_with_time_to_object

en · official · sha256:6404dba28356b1d3c3e83de754864787b5c0249a82726d12cc8cfe64fb80eaf2EN

(2) If the Commissioner is satisfied that an entity that is registered as a charity no longer exists, the Commissioner must, by written notice to any person purporting to be a governor of the entity or to be responsible for the winding up of the affairs of the entity, deregister the entity.

Ссылаются нормы: DeregisterNonexistentEntity, DeregisterNonexistentEntityDuty, entity_deregistered, entity_no_longer_exists

en · official · sha256:e128d9d1435989e59627fb790aad9a802911143a95b73847c9f5b8d19e2882e4EN

17 Effects of deregistration (1) After deregistering an entity, the Commissioner – (a) must retain the information registered in respect of that entity for 10 years; and (b) must not assign the registered number of that entity to any other registered charity. (2) Paragraph (3) applies if the Commissioner – (a) deregisters a charity under Article 16; (b) is satisfied that the grounds for deregistration have existed since a past date; (c) specifies that date in the notice under Article 16(1) or (2); and (d) determines that the deregistration should take effect retrospectively. (3) The termination takes effect from the past date specified under paragraph (2)(c) for all purposes, including the purposes of any enactment relating to taxation, but subject to paragraph (4). (4) An act, that occurred before the date of the giving of the notice under Article 16(1) or (2) is not rendered an offence merely by virtue of the operation of paragraph (3). (5) Paragraphs (6) to (11) apply, after a charity is deregistered, if and so long as there remains any property of the charity that was acquired before it was deregistered (the “remaining property”). (6) The entity must continue to apply the remaining property for the purposes that were its registered charitable purposes immediately before deregistration (the “preserved charitable purposes”), and in accordance with the registered public benefit statement that was in effect immediately before deregistration (the “preserved public benefit statement”). (7) Despite any provision of the entity’s constitution, or of the constitutional Law of the entity, the entity has no power to amend the preserved charitable purposes or preserved public benefit statement. (8) The entity may apply to the court for an order amending the preserved charitable purposes or preserved public benefit statement, and the court may make such amending order, and any ancillary order, as it considers expedient to ensure that the remaining property continues to be applied for purposes that are, in the opinion of the court, charitable purposes and in a manner that, in the opinion of the court, provides public benefit. (9) The court may exercise any of the powers set out in Article 14 in relation to the deregistered entity, as if it were still registered, if, on an application by the Attorney General or a governor of the entity, it appears to the court – (a) that there is or has been any conduct in the administration of the entity in relation to the remaining property, that would have been misconduct if the entity had not been deregistered; or (b) that it is necessary or desirable to exercise the power for the purpose of protecting the remaining property or securing a proper application of the remaining property for the preserved charitable purposes of the entity and in accordance with the preserved public benefit statement. (10) A governor may not apply under paragraph (9) unless the governor has first given notice to the Attorney General of the governor’s intention to do so and of the reasons for that intention. (11) The Attorney General may at any time, by giving notice to the governor and the court, take over an application made by a governor under paragraph (9), and may then withdraw or proceed with the application as the Attorney General sees fit. Part 5 Governors of registered charities

en · official · sha256:e16e7a440b0c284bba049cba6bc00fb15921f0fff44cb02d06494d1c3c9664b5EN

(1) After deregistering an entity, the Commissioner – (a) must retain the information registered in respect of that entity for 10 years; and (b) must not assign the registered number of that entity to any other registered charity.

Ссылаются нормы: DeregisteredEntityIsNotRegistered, NumberReuseObservanceDuty, NumberReuseProhibition, ObserveBanOnReusingRegisteredNumber, RefrainFromReusingRegisteredNumber, RetainDeregisteredInformation, RetainDeregisteredInformationDuty, assigns_number_of_deregistered_entity, deregistered_entity, deregistered_information_retained, registered_number_not_reused

en · official · sha256:1889eb0cb07ed21cba31de914e698ca63a9092dc5817eb24aea18df685a8cec9EN

(5) Paragraphs (6) to (11) apply, after a charity is deregistered, if and so long as there remains any property of the charity that was acquired before it was deregistered (the “remaining property”).

en · official · sha256:3d4071f21b81eb3268e527dedffe678fcc6a598ee0b863b4897b3b95ada0417fEN

(6) The entity must continue to apply the remaining property for the purposes that were its registered charitable purposes immediately before deregistration (the “preserved charitable purposes”), and in accordance with the registered public benefit statement that was in effect immediately before deregistration (the “preserved public benefit statement”).

Ссылаются нормы: ApplyRemainingPropertyToPreservedPurposes, PreservedPurposesDuty, has_remaining_property, remaining_property_applied_to_preserved_purposes

en · official · sha256:6bda35fc81daa97d028c01ec78fc49858e400157a785b2489f805d3682519f22EN

(7) Despite any provision of the entity’s constitution, or of the constitutional Law of the entity, the entity has no power to amend the preserved charitable purposes or preserved public benefit statement.

en · official · sha256:4eb6655bea224f57af95c104bddf003bfd5f755638127aacb19f0ad5ff629fd3EN

18 General duties of governors of registered charities (1) A governor of a registered charity must seek, in good faith, to ensure that the charity – (a) acts in a manner that is consistent with its registered charitable purposes and with its registered public benefit statement; and (b) complies with any direction, requirement, notice or duty imposed on it by or under this Law. (2) A governor of a registered charity, that is an unincorporated body or association of persons falling within Article 2(1)(i), must in the execution of his or her duties and in the exercise of his or her powers and discretions – (a) act – (i) with due diligence, (ii) as would a prudent person, (iii) to the best of the governor’s ability and skill; and (b) observe the utmost good faith. (3) The duties imposed by this Article apply despite any contrary provision in the constitution or the constitutional Law of the charity, except to any extent that such provision imposes a more onerous duty. (4) For the purposes of this Law a governor engages in misconduct if – (a) the governor contravenes a provision, or commits an offence, mentioned in Article 2(10); (b) the governor concurs in misconduct by the charity; (c) the governor assists or encourages another governor to engage in misconduct; or (d) the governor – (i) becomes aware or ought to have become aware of any misconduct in relation to the charity, or of the intention of another governor to engage in misconduct, and (ii) the governor actively conceals that misconduct or that intention, or fails within a reasonable time to take proper steps to protect or restore the property of the charity or to prevent the misconduct.

en · official · sha256:912434a3de43a2be1c424339a54440aed6fc3a268173b9fe37552ea4dd81f506EN

(1) A governor of a registered charity must seek, in good faith, to ensure that the charity – (a) acts in a manner that is consistent with its registered charitable purposes and with its registered public benefit statement; and (b) complies with any direction, requirement, notice or duty imposed on it by or under this Law.

Ссылаются нормы: GovernorGeneralDuty, SeekInGoodFaithToEnsureCompliance, sought_in_good_faith_to_ensure_compliance

en · official · sha256:3e8ee952e3ef3cf47318b715679d5bb1ecfe43ce21e71391a6a3b9346884d37eEN

(2) A governor of a registered charity, that is an unincorporated body or association of persons falling within Article 2(1)(i), must in the execution of his or her duties and in the exercise of his or her powers and discretions – (a) act – (i) with due diligence, (ii) as would a prudent person, (iii) to the best of the governor’s ability and skill; and (b) observe the utmost good faith.

Ссылаются нормы: ActWithDiligenceAndUtmostGoodFaith, GovernorOfUnincorporatedDuty, acted_with_diligence_and_utmost_good_faith

en · official · sha256:8a889d95d8e8330662acabed1d37b97561ac936ce7b06d404e244d216c38a52bEN

(3) The duties imposed by this Article apply despite any contrary provision in the constitution or the constitutional Law of the charity, except to any extent that such provision imposes a more onerous duty.

en · official · sha256:c9a47e9c77c5c471c76f3416850b0e8cf5c7c210cdef44258cd16cf757088c12EN

(4) For the purposes of this Law a governor engages in misconduct if – (a) the governor contravenes a provision, or commits an offence, mentioned in Article 2(10); (b) the governor concurs in misconduct by the charity; (c) the governor assists or encourages another governor to engage in misconduct; or (d) the governor – (i) becomes aware or ought to have become aware of any misconduct in relation to the charity, or of the intention of another governor to engage in misconduct, and (ii) the governor actively conceals that misconduct or that intention, or fails within a reasonable time to take proper steps to protect or restore the property of the charity or to prevent the misconduct.

Ссылаются нормы: GovernorMisconductByAssistance, GovernorMisconductByConcealment, GovernorMisconductByConcurrence, assisted_or_encouraged_other_governor_misconduct, concealed_misconduct_or_failed_to_act, concurred_in_charity_misconduct

en · official · sha256:25462354d66331173962b5d7e15712b4f7be0bb3c345b5757c8b3422636ce3a4EN

19 Reportable matters and acting as a governor (1) A reportable matter in relation to a person is the fact that the person – (a) has engaged in misconduct as a governor of a registered charity, being misconduct that led to the service of a required steps notice on that governor or on that charity or on another governor of that charity; (b) is the subject of a disqualification order, or of any other restriction on his or her acting as a governor, imposed under this Law; (c) has been disqualified from or for being a charity trustee or trustee for a charity under the law of any part of the United Kingdom, or from holding any equivalent position under the law of any other jurisdiction; (d) has been disqualified from being a company director, or has been made subject to any equivalent disqualification under the law of any jurisdiction other than Jersey; (e) is bankrupt or otherwise insolvent, whether under the law of Jersey or elsewhere; (f) has a conviction (whether or not spent) for an offence under this Law; (g) has an unspent conviction for an offence falling within Article 2(10)(b); or (h) falls within any other description that may be prescribed by the Minister by Order. (2) A governor of an entity applying for registration, or of a registered charity, must report any reportable matter promptly to that entity or charity and to the Commissioner. (3) A governor of an entity applying for registration must, if there is no reportable matter in relation to that governor, provide to the entity a declaration to that effect before the application is made. (4) A governor of a registered charity must, if there is no reportable matter in relation to that governor, provide to the charity a declaration to that effect when notified by the charity that it is preparing its annual return. (5) The entity must state in its application, and the registered charity must state in its annual return, that it has declarations from all of its governors who have not made a report under paragraph (2). (6) An application for registration is not complete if the entity has not complied with paragraph (5). (7) A registered charity that contravenes paragraph (5) must explain to the Commissioner the reason for the contravention. (8) A person must not act as a governor of a registered charity at any time when the person is in breach of paragraph (2) or (4). (9) If a governor reports a reportable matter to the Commissioner, the Commissioner – (a) must make inquiries to determine whether the governor is a fit and proper person to be a governor; (b) may apply to the court to determine that issue under Article 20; (c) must not, in the case of an application for registration, grant that application until the issue has been determined and any resulting order or notice complied with; (d) may, in the case of a registered charity, by written notice to the charity, permit, either unconditionally or subject to any condition appearing to the Commissioner to be necessary, the governor to act as a governor until that issue is determined or the notice is withdrawn; (e) must, if the issue is not to be determined by the court under sub-paragraph (b), on determining the issue – (i) notify the entity that the application will be refused unless the governor is removed, or in the case of a registered charity serve a required steps notice requiring the charity to suspend or remove the governor, or (ii) by notice in writing, entered in the register, give permission for the governor to act as a governor, either unconditionally or subject to any condition or time limit that appears to the Commissioner to be necessary. (10) A person must not act as a governor of a registered charity at any time after reporting a reportable matter, unless the governor – (a) is permitted to do so by the Commissioner under paragraph (9)(d) or (e)(ii), or by the court under Article 20; and (b) does so in either case in accordance with any condition on that permission. (11) A person who without reasonable excuse contravenes paragraph (10) commits an offence and is liable to imprisonment for one year and to a fine. (12) Paragraphs (10) and (11) are not to be construed as requiring an act to be treated as void or invalid merely by virtue of the act constituting a contravention of paragraph (10). (13) If at any time the Commissioner suspects that a governor of a registered charity may have breached paragraph (2), the Commissioner may, without prejudice to any other of his or her powers, apply to the court to determine whether the governor is a fit and proper person to be a governor.

en · official · sha256:16afe300ee60c233b19a7a0528059c0a9965892fa60ad356d90334cd797fac84EN

(1) A reportable matter in relation to a person is the fact that the person – (a) has engaged in misconduct as a governor of a registered charity, being misconduct that led to the service of a required steps notice on that governor or on that charity or on another governor of that charity; (b) is the subject of a disqualification order, or of any other restriction on his or her acting as a governor, imposed under this Law; (c) has been disqualified from or for being a charity trustee or trustee for a charity under the law of any part of the United Kingdom, or from holding any equivalent position under the law of any other jurisdiction; (d) has been disqualified from being a company director, or has been made subject to any equivalent disqualification under the law of any jurisdiction other than Jersey; (e) is bankrupt or otherwise insolvent, whether under the law of Jersey or elsewhere; (f) has a conviction (whether or not spent) for an offence under this Law; (g) has an unspent conviction for an offence falling within Article 2(10)(b); or (h) falls within any other description that may be prescribed by the Minister by Order.

Ссылаются нормы: ReportableMatterExists, reportable_matter, reportable_matter_of_kind

en · official · sha256:dd846c5c7e24adbaf365a45747711c15af2141b6f19d8bf8ea527a0b6c11fcc1EN

(10) A person must not act as a governor of a registered charity at any time after reporting a reportable matter, unless the governor – (a) is permitted to do so by the Commissioner under paragraph (9)(d) or (e)(ii), or by the court under Article 20; and (b) does so in either case in accordance with any condition on that permission.

Ссылаются нормы: ActingAfterReportObservanceDuty, ActingAfterReportProhibition, ObserveBanOnActingAfterReport, RefrainFromActingAfterReport, permitted_to_act_after_report, refrained_from_acting_after_report, reported_reportable_matter_to_commissioner

en · official · sha256:a9f16e0157dda7eedfdbe36e497db22afa05d9435a44492991171ca79bca129aEN

(11) A person who without reasonable excuse contravenes paragraph (10) commits an offence and is liable to imprisonment for one year and to a fine.

Ссылаются нормы: OffenceOfActingAfterReport, acted_without_reasonable_excuse, acted_without_reasonable_excuse/external, liable_to_imprisonment_one_year_and_fine

en · official · sha256:4aeff125064917982c92db9ddc6ce73ffa5ffa0a34ee4131a6f18d3bca2a3a8eEN

(2) A governor of an entity applying for registration, or of a registered charity, must report any reportable matter promptly to that entity or charity and to the Commissioner.

Ссылаются нормы: ReportReportableMatter, ReportReportableMatterDuty, reportable_matter_reported

en · official · sha256:eb1febf7c94e48189a1ac327dbf22db6c5dd2d4ca6222962fd4023c61f4c106dEN

(3) A governor of an entity applying for registration must, if there is no reportable matter in relation to that governor, provide to the entity a declaration to that effect before the application is made.

en · official · sha256:11958827fd7d243305ddcdebc4d22790c0f114c49e5367dd79277a60887bff4dEN

(4) A governor of a registered charity must, if there is no reportable matter in relation to that governor, provide to the charity a declaration to that effect when notified by the charity that it is preparing its annual return.

Ссылаются нормы: ProvideDeclarationDuty, ProvideNoReportableMatterDeclaration, declaration_of_no_reportable_matter_provided

en · official · sha256:ddee8796f47da264ce35cf3c74f0ba87aec2cc71854b31190ac516de37725e61EN

(8) A person must not act as a governor of a registered charity at any time when the person is in breach of paragraph (2) or (4).

Ссылаются нормы: ActingWhileInBreachObservanceDuty, ActingWhileInBreachProhibition, BreachOfReporting, ObserveBanOnActingWhileInBreach, RefrainFromActingWhileInBreach, acts_as_governor, in_breach_of_reporting_or_declaration, refrained_from_acting_while_in_breach

en · official · sha256:8a53c154511c21a0205d64e54a8080ff83f2b5128bd6361af3dcaf35909ac983EN

2 Definition of entity and related terms (1) In this Law, unless the context otherwise requires, “entity” means – (a) the person or persons, taken together, who are the trustees of a trust; (b) without prejudice to the generality of sub-paragraph (a), the person or persons, taken together, who are the fidéicommissaires of a court-approved fidéicommis; (ba) a body corporate that – (i) is an NPO, as defined by the Non-Profit Organizations (Jersey) Law 2008; (ii) is established under the law of Jersey; and (iii) does not fall within any of sub-paragraphs (c) to (h); (c) an incorporated 1862 association; (d) a foundation; (e) a body corporate established – (i) by an enactment, (ii) by Act of the States, or (iii) by Royal Charter, in relation to Jersey; (f) a company; (g) a body incorporated under, but not by, any enactment other than the Companies (Jersey) Law 1991; (h) a body incorporated under, but not by, an Act of the United Kingdom Parliament or Order in Council, as such Act or Order is extended to or applicable in Jersey; (i) the persons, taken together, who constitute for the time being an unincorporated body or association of persons, other than a partnership and other than the trustees of a trust; (j) an entity that is substantially similar to an entity mentioned in any of sub-paragraphs (a) to (h), but is established under the law of a jurisdiction other than Jersey. (2) The Minister may by Order add sub-paragraphs to paragraph (1). (3) For the purposes of this Law, an entity is a “Jersey entity” if – (a) it falls within any of sub-paragraphs (a) to (h) of paragraph (1); or (b) it is an unincorporated body or association of persons falling within paragraph (1)(i), in respect of which – (i) the law governing the relationship between the persons constituting the body or association, in that capacity, is the law of Jersey, and (ii) at least one governor is a natural person resident in Jersey, or is itself a Jersey entity by virtue of sub-paragraph (a). (4) In this Law, unless the context otherwise requires, “constitution” in relation to an entity means – (a) in the case of a trust the terms of the trust; (b) in the case of a court-approved fidéicommis, the minute of the contract annexed to the application to the court for the creation of the fidéicommis, any other documents so annexed, and any authorisation granted by the court under Article 10 of the Loi of 1862 in respect of the fidéicommis; (c) in the case of an incorporated 1862 association, the Act of the court incorporating it under Article 4 of the Loi of 1862, and the object and rules approved or modified under that Article; (d) in the case of a foundation, the charter and regulations of the foundation; (e) in the case of a company, the memorandum and articles of association of the company; (f) in the case of a body corporate falling within paragraph (1)(e), the enactment, Act of the States or Royal Charter that established the body corporate; (g) in any other case, any instrument or instruments (in whatever form) that establish the entity or give it any powers. (5) In this Law, unless the context otherwise requires, “constitutional Law” means – (a) in relation to an entity that is a trust, the Trusts (Jersey) Law 1984; (b) in relation to an entity that is a court-approved fidéicommis or an incorporated 1862 association, the Loi of 1862; (c) in relation to an entity that is a foundation, the Foundations (Jersey) Law 2009; (d) in relation to an entity that is a company, the Companies (Jersey) Law 1991; and (e) in relation to an entity that is a body incorporated by (but not under) any other Law, that Law. (6) In this Law, unless the context otherwise requires, “purpose” in relation to an entity means – (a) in the case of a trust, the benefit of its beneficiaries or any other purpose mentioned in Article 2(b) of the Trusts (Jersey) Law 1984 by virtue of which the trust exists, as specified in its constitution; (b) in the case of a court-approved fidéicommis, or of an incorporated 1862 association, the objects for which it was created or incorporated, or that were subsequently authorized under Article 10 of the Loi of 1862; (c) in the case of a foundation, the objects specified in its charter or its regulations; or (d) in the case of any other entity, a purpose to which that entity’s property may lawfully be applied, other than by virtue of an order of a court, in accordance with the powers of the entity as set out in its constitution (including on its winding up or other termination). (7) In this Law, unless the context otherwise requires, “governor” in relation to an entity means – (a) in the case of a trust or fidéicommis, a trustee or fidéicommissaire of the trust or fidéicommis; (b) in the case of a foundation, a member of the council of the foundation; (c) in the case of a company, a director of the company; (d) in the case of a relevant unincorporated entity, a person who is a member of the management committee of the entity; or (e) in any other case, a person who, under the constitution of the entity, has the general control and management of the administration of the entity. (8) For the purpose of paragraph (7)(d) a relevant unincorporated entity is an unincorporated body or association of persons that – (a) falls within paragraph (1)(i); and (b) has a constitution that conforms to a model that – (i) is published for the purpose by the Commissioner, and (ii) provides for the entity to have a management committee. (9) For the purpose of paragraph (7)(e) – (a) a person is not a governor merely by virtue of exercising general control and management on behalf of another person who has the general control and management in that other person’s own right under the constitution of the entity; and (b) a person is a governor whether that person has that general control and management alone or as one of a number of governors. (10) In this Law, unless the context otherwise requires, “misconduct” means – (a) a contravention, by a registered charity or by any of its governors, of a provision – (i) of this Law, or of any enactment under this Law, (ii) of the constitution of the registered charity, or of the constitutional Law of the charity, (iii) of a required steps notice, or (iv) of an order of the court under this Law or under the constitutional Law of the charity, or under any enactment under such a Law; or (b) the commission by any person, in relation a registered charity or to an excepted foreign charity (within the meaning of Article 22) or to an entity equivalent to a registered charity under the law of a jurisdiction other than Jersey, of an offence – (i) under the constitutional Law of that charity or other entity, (ii) under the Financial Services (Jersey) Law 1998, the Banking Business (Jersey) Law 1991, the Collective Investment Funds (Jersey) Law 1988, the Insurance Business (Jersey) Law 1996, any Regulation or Order made under any of those Laws, or the Alternative Investment Funds (Jersey) Regulations 2012, (iii) under the Income Tax (Jersey) Law 1961, the Goods and Services Tax (Jersey) Law 2007, or the Taxation (Land Transactions) (Jersey) Law 2009, (iv) under any other enactment, being an offence relating to money laundering or terrorist financing, (v) under any other enactment or under customary law, being an offence involving deception or dishonesty, or (vi) under the law of a jurisdiction other than Jersey, being an offence similar to any of those listed in clauses (i) to (v). Part 2 Jersey Charity Commissioner

en · official · sha256:1563392cb10ea88dbc2f18178835b753a92ece990b4b3fb932d24dac039f7071EN

20 Court orders as to fitness of governor (1) On an application under Article 19(9)(b) or (13), the court may make any order that the court sees fit, including without limitation – (a) an order dismissing the application; (b) an order giving permission for the governor to act as a governor despite a reportable matter; (c) an order that the entity must not be registered as a charity; (d) an order requiring a registered charity to suspend or remove the governor; (e) an order making any provision that could be made by a required steps notice; (f) any order ancillary to any such order. (2) An order under paragraph (1) may, without limitation – (a) apply to a governor in respect of a particular registered charity, a description of registered charities or all registered charities; (b) be made subject to any condition or time limit that appears to the court to be necessary or equitable. (3) If it appears to the Commissioner or the Attorney General that it is or may be expedient in the public interest that a person should not, without the leave of the court, be a governor of or in any way whether directly or indirectly be concerned or take part in the management of a registered charity, the Commissioner or the Attorney General may apply to the court for an order to that effect against the person (a “disqualification order”). (4) The court may, on such an application or on an application under Article 19(9)(b) or (13), make a disqualification order if it is satisfied that the person is unfit to be concerned in the management of a registered charity, by virtue of – (a) the person’s conduct in relation to a registered charity, or to an entity applying for registration; or (b) the seriousness of a reportable matter in relation to the person. (5) A disqualification order is to be for such period, not exceeding 15 years, as the court directs. (6) A person who contravenes a disqualification order commits an offence and is liable to imprisonment for 2 years and to a fine. Part 6 Use of expressions “Charity”, “charitable” and related terms

en · official · sha256:a8d0aedbb7b852d55ef46025c450c770dda73fe293f102bfa3f781da8f9c2943EN

(3) If it appears to the Commissioner or the Attorney General that it is or may be expedient in the public interest that a person should not, without the leave of the court, be a governor of or in any way whether directly or indirectly be concerned or take part in the management of a registered charity, the Commissioner or the Attorney General may apply to the court for an order to that effect against the person (a “disqualification order”).

Ссылаются нормы: application_for_disqualification_order

en · official · sha256:7a0849e45461d314f9adae486c9c54ae6f9467b6a074471c0f5210c73c22eaabEN

(4) The court may, on such an application or on an application under Article 19(9)(b) or (13), make a disqualification order if it is satisfied that the person is unfit to be concerned in the management of a registered charity, by virtue of – (a) the person’s conduct in relation to a registered charity, or to an entity applying for registration; or (b) the seriousness of a reportable matter in relation to the person.

Ссылаются нормы: CourtDisqualificationPower, MakeDisqualificationOrder, UnfitnessDeterminedByCourt, court_makes_disqualification_order, disqualification_order_in_force, unfit_to_be_concerned_in_management, unfit_to_be_concerned_in_management/external, unfitness_determined_by_court

en · official · sha256:eee935dfa25bc2c3500882adbe7dea9db304d599b60f324679239a90871cd071EN

(5) A disqualification order is to be for such period, not exceeding 15 years, as the court directs.

Ссылаются нормы: DisqualificationPeriodLimit, disqualification_order_period_years, disqualification_period_within_statutory_limit

en · official · sha256:2b7a01164631af441ab92104f90fbe4362ac5b334f560407e4209434aee7c7f7EN

(6) A person who contravenes a disqualification order commits an offence and is liable to imprisonment for 2 years and to a fine. Part 6 Use of expressions “Charity”, “charitable” and related terms

Ссылаются нормы: OffenceOfContraveningDisqualification, contravenes_disqualification_order, liable_to_imprisonment_two_years_and_fine

en · official · sha256:b24ae4bfb39457ffd1ce0ae64f6cb190e568781f8622da6ea37c99db19d3f863EN

21 Prohibition of unauthorized use of expression “charity” and related terms (1) An entity that is not a registered charity – (a) must not refer to itself as being registered by the Commissioner; and (b) must not cause or permit another person to refer to the entity as being registered by the Commissioner. (2) A person must not refer to an entity, that is not a registered charity, as being registered by the Commissioner, if the person – (a) knows, suspects or has reasonable grounds to suspect that the entity is not a registered charity; and (b) intends, by so referring to the entity, to cause another person – (i) to be misled as to the nature of the entity, or (ii) to give to the entity any property or financial or other advantage. (3) A Jersey entity that is not a registered charity – (a) must not refer to itself as a “charity”; and (b) must not cause or permit another person to refer to the entity as a “charity”. (4) A person must not refer to a Jersey entity, that is not a registered charity, as a “charity”, if the person – (a) knows, suspects or has reasonable grounds to suspect that the entity – (i) is a Jersey entity, and (ii) is not a registered charity; and (b) intends, by so referring to the entity, to cause another person – (i) to be misled as to the nature of the entity, or (ii) to give any property or financial advantage to the entity. (5) An entity that is not a registered charity and is neither a Jersey entity nor an excepted foreign charity (within the meaning of Article 22) – (a) must not refer to itself as a “charity” in connection with any of its activities in Jersey; and (b) must not cause or permit another person to refer to the entity as a “charity” in connection with any of its activities in Jersey. (6) A person must not refer to an entity, that is not a registered charity and is neither a Jersey entity nor an excepted foreign charity (within the meaning of Article 22), as a “charity” in connection with any of its activities in Jersey, if the person – (a) knows, suspects or has reasonable grounds to suspect that the entity – (i) is neither a Jersey entity nor an excepted foreign charity, and (ii) is not a registered charity; and (b) intends, by so referring to the entity, to cause another person – (i) to be misled as to the nature of the entity, or (ii) to give any property or financial advantage to the entity. (7) Paragraphs (2), (4) and (6) apply whether or not the person making the reference is also the entity, and is referring to itself. (8) The States may by Regulations prescribe exceptions to the prohibitions in paragraphs (1) to (6). (9) An entity or other person, that contravenes paragraph (2), (4) or (6), commits an offence and is liable to imprisonment for a term of 2 years and to a fine. (10) An entity, that contravenes paragraph (1), (3) or (5), commits an offence and is liable to a fine of level 3 on the standard scale.

en · official · sha256:56423e2236866e75214901ab7fd1801b1ce97455342cfda5a7b4dda3315ace12EN

(1) An entity that is not a registered charity – (a) must not refer to itself as being registered by the Commissioner; and (b) must not cause or permit another person to refer to the entity as being registered by the Commissioner.

Ссылаются нормы: ObserveBanOnClaimingRegistration, RefrainFromClaimingRegistration, UnregisteredSelfReferenceObservanceDuty, UnregisteredSelfReferenceProhibition, refers_to_itself_as_registered, registration_claim_refrained

en · official · sha256:316f97ae52b34cbd0d2c5875f79b8e19668d81d704bc2360117bde8945974dc6EN

(10) An entity, that contravenes paragraph (1), (3) or (5), commits an offence and is liable to a fine of level 3 on the standard scale.

Ссылаются нормы: OffenceOfUnregisteredCharityWord, OffenceOfUnregisteredSelfDescription, liable_to_fine_level_three_under_article_21

en · official · sha256:012fb3406891c74945ae4f979634f20a5594bf8f0db1fdf652181d3880274a52EN

(2) A person must not refer to an entity, that is not a registered charity, as being registered by the Commissioner, if the person – (a) knows, suspects or has reasonable grounds to suspect that the entity is not a registered charity; and (b) intends, by so referring to the entity, to cause another person – (i) to be misled as to the nature of the entity, or (ii) to give to the entity any property or financial or other advantage.

Ссылаются нормы: RefrainFromAssertingRegistrationOfAnother, ThirdPartyRegistrationClaimProhibition, intends_to_mislead_or_obtain_advantage, knows_or_suspects_entity_not_registered, refers_to_entity_as_registered

en · official · sha256:8f76314746064d0765d00d79859b24605355b279bde8dfeb83e3fe463c5fc3c9EN

(3) A Jersey entity that is not a registered charity – (a) must not refer to itself as a “charity”; and (b) must not cause or permit another person to refer to the entity as a “charity”.

Ссылаются нормы: JerseyEntityCharityWordObservanceDuty, JerseyEntityCharityWordProhibition, ObserveBanOnCallingItselfCharity, RefrainFromCallingItselfCharity, charity_word_refrained, refers_to_itself_as_charity

en · official · sha256:ad3523fd17ba1f9b737bf689a1e88743dca2accbd49fbb28e660902126498726EN

(4) A person must not refer to a Jersey entity, that is not a registered charity, as a “charity”, if the person – (a) knows, suspects or has reasonable grounds to suspect that the entity – (i) is a Jersey entity, and (ii) is not a registered charity; and (b) intends, by so referring to the entity, to cause another person – (i) to be misled as to the nature of the entity, or (ii) to give any property or financial advantage to the entity.

Ссылаются нормы: RefrainFromCallingAnotherCharity, ThirdPartyCharityWordProhibition, knows_or_suspects_jersey_entity_not_registered, refers_to_entity_as_charity

en · official · sha256:c79ea3a173bb7525afca7364f303ef0241763832db315a4fbf22deffaff8d838EN

(5) An entity that is not a registered charity and is neither a Jersey entity nor an excepted foreign charity (within the meaning of Article 22) – (a) must not refer to itself as a “charity” in connection with any of its activities in Jersey; and (b) must not cause or permit another person to refer to the entity as a “charity” in connection with any of its activities in Jersey.

Ссылаются нормы: ForeignEntityCharityWordObservanceDuty, ForeignEntityCharityWordProhibition, NeitherJerseyNorExcepted, ObserveBanOnCallingItselfCharityInJersey, RefrainFromCallingItselfCharityInJersey, charity_word_in_jersey_activities_refrained, neither_jersey_entity_nor_excepted_foreign_charity, refers_to_itself_as_charity_in_jersey_activities

en · official · sha256:a91dea14e4a537ed1fbfb9f733d659da8bf88a1d784dc6b1218e5fd78306ecd0EN

(6) A person must not refer to an entity, that is not a registered charity and is neither a Jersey entity nor an excepted foreign charity (within the meaning of Article 22), as a “charity” in connection with any of its activities in Jersey, if the person – (a) knows, suspects or has reasonable grounds to suspect that the entity – (i) is neither a Jersey entity nor an excepted foreign charity, and (ii) is not a registered charity; and (b) intends, by so referring to the entity, to cause another person – (i) to be misled as to the nature of the entity, or (ii) to give any property or financial advantage to the entity.

en · official · sha256:e0e293cf27abb913ff070c9379d06934b2741bca939dd945bb608444acfd418aEN

(9) An entity or other person, that contravenes paragraph (2), (4) or (6), commits an offence and is liable to imprisonment for a term of 2 years and to a fine.

Ссылаются нормы: OffenceOfThirdPartyMisdescription, liable_to_imprisonment_two_years_and_fine_under_article_21

en · official · sha256:08534a0799384106fab710b665581c0bbbf137cdc4fa308da1bac8f9a055c812EN

22 Excepted foreign charities (1) For the purpose of Article 21, an entity is an excepted foreign charity if it meets both the condition in paragraph (2) and the condition in paragraph (3). (2) The first condition is that the entity is – (a) established under the law – (i) of the United Kingdom, or of any jurisdiction that is part of the United Kingdom, or (ii) of a jurisdiction (not being Jersey, the United Kingdom or a part of the United Kingdom) that is prescribed for this purpose by the Minister by Order; and (b) entitled, under the law of that jurisdiction, to refer to itself in that jurisdiction as a “charity” (or by any equivalent term in a language other than English that is used in that jurisdiction). (3) The second condition is that the entity – (a) is managed wholly or mainly from the jurisdiction under the law of which it is established; and (b) is not a registered charity. (4) The Minister may by Order prescribe that a specified entity is not required to meet the first condition, despite sub-paragraphs (a) and (b) of paragraph (2). (5) The States may by Regulations amend paragraph (1), (2) or (3) to make different provision as to the conditions that are to be met.

en · official · sha256:1c9b70031be4a5dbd2430ce1e3e89410b99586479010c3d5af6648185ad863cbEN

(1) For the purpose of Article 21, an entity is an excepted foreign charity if it meets both the condition in paragraph (2) and the condition in paragraph (3).

Ссылаются нормы: ExceptedForeignCharity, NotExceptedWhenNotUkOrPrescribed, excepted_foreign_charity

en · official · sha256:9872befad4ab2637f2abf10d3ffc96aa846a928952b5087d5ac71bde1bb67ea2EN

(2) The first condition is that the entity is – (a) established under the law – (i) of the United Kingdom, or of any jurisdiction that is part of the United Kingdom, or (ii) of a jurisdiction (not being Jersey, the United Kingdom or a part of the United Kingdom) that is prescribed for this purpose by the Minister by Order; and (b) entitled, under the law of that jurisdiction, to refer to itself in that jurisdiction as a “charity” (or by any equivalent term in a language other than English that is used in that jurisdiction).

Ссылаются нормы: entitled_to_be_called_charity_there, established_under_uk_or_prescribed_law

en · official · sha256:35c6ee3ee422cb003b4f2088e5bdebbc13da37e663fdabbdbf04f1b024d5c125EN

(3) The second condition is that the entity – (a) is managed wholly or mainly from the jurisdiction under the law of which it is established; and (b) is not a registered charity.

Ссылаются нормы: managed_wholly_or_mainly_from_that_jurisdiction

en · official · sha256:c8791885905c22ad5115a885a83f28eb6cce53ecbb1fe35d11b162998b462e87EN

23 Prohibition of unauthorized use of expression “Jersey charity” (1) Unless an entity meets all of the conditions in paragraph (3), that entity – (a) must not refer to itself as a “Jersey charity”; and (b) must not cause or permit another person to refer to the entity as a “Jersey charity”. (2) Unless an entity meets all of the conditions in paragraph (3), a person must not refer to that entity as a “Jersey charity”, if the person – (a) knows, suspects or has reasonable grounds to suspect that the entity does not meet all of those conditions; and (b) intends, by so referring to the entity, to cause another person – (i) to be misled as to the nature of the entity, or (ii) to give any property or financial advantage to the entity. (3) The conditions are that the entity – (a) is a registered charity; (b) is a Jersey entity; and (c) is wholly or mainly managed or controlled in or from within Jersey. (4) Paragraphs (1) and (2) are subject to any exception prescribed by the States by Regulations. (5) Paragraph (2) applies whether or not the person making the reference is also the entity, and is referring to itself. (6) An entity that contravenes paragraph (1) commits an offence and is liable to a fine of level 3 on the standard scale. (7) An entity or other person, that contravenes paragraph (2), commits an offence and is liable to imprisonment for a term of 2 years and to a fine.

en · official · sha256:22d6d859bb5b1e4da31f568333f2f13dac7027684fe13ac1dd013bd74834a727EN

(1) Unless an entity meets all of the conditions in paragraph (3), that entity – (a) must not refer to itself as a “Jersey charity”; and (b) must not cause or permit another person to refer to the entity as a “Jersey charity”.

Ссылаются нормы: JerseyCharityWordObservanceDuty, JerseyCharityWordProhibition, ObserveBanOnCallingItselfJerseyCharity, RefrainFromCallingItselfJerseyCharity, jersey_charity_word_refrained, refers_to_itself_as_jersey_charity

en · official · sha256:44573b2558e0fd23261760c98251d522af83fb88c84d34663e0b4c904e703a2cEN

(2) Unless an entity meets all of the conditions in paragraph (3), a person must not refer to that entity as a “Jersey charity”, if the person – (a) knows, suspects or has reasonable grounds to suspect that the entity does not meet all of those conditions; and (b) intends, by so referring to the entity, to cause another person – (i) to be misled as to the nature of the entity, or (ii) to give any property or financial advantage to the entity.

Ссылаются нормы: RefrainFromCallingAnotherJerseyCharity, ThirdPartyJerseyCharityWordProhibition, knows_or_suspects_conditions_not_met, refers_to_entity_as_jersey_charity

en · official · sha256:846b1ca3d74cd0e2f40a1f5947937e570bd7d387033b5d0fc78b7ce502986468EN

(3) The conditions are that the entity – (a) is a registered charity; (b) is a Jersey entity; and (c) is wholly or mainly managed or controlled in or from within Jersey.

Ссылаются нормы: JerseyCharityConditions, JerseyCharityConditionsFailByRegistration, meets_jersey_charity_conditions, wholly_or_mainly_managed_in_jersey

en · official · sha256:8ad23d3410832a0391801ebdecad8349c632a16002cec51eb9e350332cf57f37EN

(6) An entity that contravenes paragraph (1) commits an offence and is liable to a fine of level 3 on the standard scale.

Ссылаются нормы: OffenceOfJerseyCharitySelfDescription, liable_to_fine_level_three_under_article_23

en · official · sha256:c3092115015c853ae5763578ae193f466387afb8df69dff4f06facab424c17b6EN

(7) An entity or other person, that contravenes paragraph (2), commits an offence and is liable to imprisonment for a term of 2 years and to a fine.

Ссылаются нормы: OffenceOfThirdPartyJerseyCharityDescription, liable_to_imprisonment_two_years_and_fine_under_article_23

en · official · sha256:0f500644151f143097ddc4a32906b0f616dd49f3afd0add2bd63567f1dd4cc4fEN

(1) In this Law, unless the context otherwise requires, “entity” means – (a) the person or persons, taken together, who are the trustees of a trust; (b) without prejudice to the generality of sub-paragraph (a), the person or persons, taken together, who are the fidéicommissaires of a court-approved fidéicommis; (ba) a body corporate that – (i) is an NPO, as defined by the Non-Profit Organizations (Jersey) Law 2008; (ii) is established under the law of Jersey; and (iii) does not fall within any of sub-paragraphs (c) to (h); (c) an incorporated 1862 association; (d) a foundation; (e) a body corporate established – (i) by an enactment, (ii) by Act of the States, or (iii) by Royal Charter, in relation to Jersey; (f) a company; (g) a body incorporated under, but not by, any enactment other than the Companies (Jersey) Law 1991; (h) a body incorporated under, but not by, an Act of the United Kingdom Parliament or Order in Council, as such Act or Order is extended to or applicable in Jersey; (i) the persons, taken together, who constitute for the time being an unincorporated body or association of persons, other than a partnership and other than the trustees of a trust; (j) an entity that is substantially similar to an entity mentioned in any of sub-paragraphs (a) to (h), but is established under the law of a jurisdiction other than Jersey.

Ссылаются нормы: EntityByKind, entity_of_kind, established_under_law_of, is_entity

en · official · sha256:14edadbd27cd988ac6bfcafe4e177dc92a4c0a6a36852398282510c17dd3f511EN

(10) In this Law, unless the context otherwise requires, “misconduct” means – (a) a contravention, by a registered charity or by any of its governors, of a provision – (i) of this Law, or of any enactment under this Law, (ii) of the constitution of the registered charity, or of the constitutional Law of the charity, (iii) of a required steps notice, or (iv) of an order of the court under this Law or under the constitutional Law of the charity, or under any enactment under such a Law; or (b) the commission by any person, in relation a registered charity or to an excepted foreign charity (within the meaning of Article 22) or to an entity equivalent to a registered charity under the law of a jurisdiction other than Jersey, of an offence – (i) under the constitutional Law of that charity or other entity, (ii) under the Financial Services (Jersey) Law 1998, the Banking Business (Jersey) Law 1991, the Collective Investment Funds (Jersey) Law 1988, the Insurance Business (Jersey) Law 1996, any Regulation or Order made under any of those Laws, or the Alternative Investment Funds (Jersey) Regulations 2012, (iii) under the Income Tax (Jersey) Law 1961, the Goods and Services Tax (Jersey) Law 2007, or the Taxation (Land Transactions) (Jersey) Law 2009, (iv) under any other enactment, being an offence relating to money laundering or terrorist financing, (v) under any other enactment or under customary law, being an offence involving deception or dishonesty, or (vi) under the law of a jurisdiction other than Jersey, being an offence similar to any of those listed in clauses (i) to (v). Part 2 Jersey Charity Commissioner

Ссылаются нормы: MisconductByContravention, MisconductByOffence, committed_listed_offence, contravened_provision_of_this_law, misconduct

en · official · sha256:52cbf76696020df00414264daeb640b95bbe3567ebd29e51ffeb101eb3660c94EN

(3) For the purposes of this Law, an entity is a “Jersey entity” if – (a) it falls within any of sub-paragraphs (a) to (h) of paragraph (1); or (b) it is an unincorporated body or association of persons falling within paragraph (1)(i), in respect of which – (i) the law governing the relationship between the persons constituting the body or association, in that capacity, is the law of Jersey, and (ii) at least one governor is a natural person resident in Jersey, or is itself a Jersey entity by virtue of sub-paragraph (a).

Ссылаются нормы: ForeignEntityIsNotJerseyEntity, JerseyEntityByKind, JerseyEntityByResidentGovernor, JerseyEntityUnincorporated, governing_law_of_body_is_jersey_law, governor_of_jersey_established_entity, je-2-3-a, je-2-3-b, je-2-3-ba, je-2-3-c, je-2-3-d, je-2-3-e, je-2-3-f, je-2-3-g, je-2-3-h, jersey_entity, kind_listed_in_article_2_1_a_to_h, natural_person_resident_in_jersey

en · official · sha256:52ce1bc03ec4b7180a7708eb9738cdd35060720c3e9338d7088d5154e80e12d6EN

(6) In this Law, unless the context otherwise requires, “purpose” in relation to an entity means – (a) in the case of a trust, the benefit of its beneficiaries or any other purpose mentioned in Article 2(b) of the Trusts (Jersey) Law 1984 by virtue of which the trust exists, as specified in its constitution; (b) in the case of a court-approved fidéicommis, or of an incorporated 1862 association, the objects for which it was created or incorporated, or that were subsequently authorized under Article 10 of the Loi of 1862; (c) in the case of a foundation, the objects specified in its charter or its regulations; or (d) in the case of any other entity, a purpose to which that entity’s property may lawfully be applied, other than by virtue of an order of a court, in accordance with the powers of the entity as set out in its constitution (including on its winding up or other termination).

Ссылаются нормы: entity_purpose

en · official · sha256:c6ee49051e0a1d7a993665c49d485a8b2c447dc87a04babd1499fa2165bcf274EN

(7) In this Law, unless the context otherwise requires, “governor” in relation to an entity means – (a) in the case of a trust or fidéicommis, a trustee or fidéicommissaire of the trust or fidéicommis; (b) in the case of a foundation, a member of the council of the foundation; (c) in the case of a company, a director of the company; (d) in the case of a relevant unincorporated entity, a person who is a member of the management committee of the entity; or (e) in any other case, a person who, under the constitution of the entity, has the general control and management of the administration of the entity.

Ссылаются нормы: GovernorInAnyOtherCase, GovernorOfCompany, GovernorOfFoundation, GovernorOfTrust, GovernorOfUnincorporated, council_member_of, director_of, general_control_and_management_in_own_right, governor_of, management_committee_member_of, trustee_of

en · official · sha256:1c7ee2de842baef37ae554fe251018d7ae452af7cf0a8a96fd9149f25dff5795EN

5 The charity test (1) An entity meets the charity test if – (a) all of its purposes are – (i) charitable purposes, or (ii) purposes that are purely ancillary or incidental to any of its charitable purposes; and (b) in giving effect to those purposes, it provides (or, in the case of an applicant, provides or intends to provide) public benefit in Jersey or elsewhere to a reasonable degree. (2) An entity that otherwise meets the charity test, nevertheless does not meet that test, despite paragraph (1), if its constitution expressly permits its activities to be directed or otherwise controlled by, or any of its governors to be – (a) a Minister; (b) a member of the States Assembly; or (c) any equivalent of such a person in another jurisdiction, acting in that capacity. (3) The Minister may by Order disapply paragraph (2) in relation to any entity or description of entity specified in the Order. (4) The Commissioner must publish and maintain guidance on the determination of whether an entity meets the charity test. (5) Any person, in determining whether an entity meets the charity test, must have regard to the guidance, and the Commissioner, the tribunal, a registered charity and a governor of a registered charity must have regard to the guidance when performing any other of their functions under this Law to which the guidance is relevant. (6) Before issuing or amending guidance the Commissioner must – (a) consult – (i) any persons appearing to the Commissioner to be representative of charities or bodies with charitable purposes, (ii) the Minister, and (iii) such other persons as the Commissioner considers appropriate; and (b) publish a report on the Commissioner’s views on the results of the consultation, and the reasons for the Commissioner’s decision on the guidance in the light of those results. (7) Within a reasonable time after issuing or amending guidance the Commissioner must provide to the Minister a copy of the issued or amended guidance and the report published under paragraph (6)(b). (8) The Minister must lay a copy of the guidance and report so provided before the States as soon as practicable after the Minister receives the guidance and report.

en · official · sha256:c8acd7cd2dfdbe2615fedc9e8e83dfa80dfba9fce4cf1e126ef34226934beec0EN

(1) An entity meets the charity test if – (a) all of its purposes are – (i) charitable purposes, or (ii) purposes that are purely ancillary or incidental to any of its charitable purposes; and (b) in giving effect to those purposes, it provides (or, in the case of an applicant, provides or intends to provide) public benefit in Jersey or elsewhere to a reasonable degree.

Ссылаются нормы: AllPurposesQualify, AncillaryDeniedByCommissioner, AncillaryDeterminedByCommissioner, CharityTestSubjectRegistered, MeetsCharityTest, NonQualifyingPurposeDefeatsLimbA, NonQualifyingPurposeExists, PublicBenefitDeterminedByCommissioner, PublicBenefitFromDetermination, PurposeDoesNotQualify, QualifyingPurposeAncillary, QualifyingPurposeCharitable, VacuousLimbANotSatisfied, VacuousLimbASatisfied, all_purposes_qualify, charity_test_subject, entity_has_non_qualifying_purpose, meets_charity_test, no_purposes_stated, provides_public_benefit_to_reasonable_degree, provides_public_benefit_to_reasonable_degree/external, public_benefit_determined, public_benefit_provided, purely_ancillary_or_incidental, purely_ancillary_or_incidental/external, purpose_purely_ancillary, qualifying_purpose

en · official · sha256:e220b040a18e86966683f6b78ef288e8f57006a8111f333caa321979124bf9e7EN

(2) An entity that otherwise meets the charity test, nevertheless does not meet that test, despite paragraph (1), if its constitution expressly permits its activities to be directed or otherwise controlled by, or any of its governors to be – (a) a Minister; (b) a member of the States Assembly; or (c) any equivalent of such a person in another jurisdiction, acting in that capacity.

Ссылаются нормы: ExcludedEntityDoesNotMeetCharityTest, GovernmentControlExclusion, constitution_permits_government_control, excluded_by_government_control

en · official · sha256:09b2096b266d816b94cbb272da919a287bbce4ceaf870cb9f328616e0b7c7d6fEN

(3) The Minister may by Order disapply paragraph (2) in relation to any entity or description of entity specified in the Order.

Ссылаются нормы: OrderDisappliesGovernmentControlExclusion, order_disapplying_article_5_2

en · official · sha256:fe5ddce5fa0e25b9e5177cf65a523b2a532dc0dda690f3db4358154c8bd8170aEN

(4) The Commissioner must publish and maintain guidance on the determination of whether an entity meets the charity test.

Ссылаются нормы: PublishCharityTestGuidance, PublishCharityTestGuidanceDuty, charity_test_guidance_published_and_maintained

en · official · sha256:636a4ec20c3ca5396503a72f0c86a856c2b13b877740c6fd677f18a0b507068fEN

(5) Any person, in determining whether an entity meets the charity test, must have regard to the guidance, and the Commissioner, the tribunal, a registered charity and a governor of a registered charity must have regard to the guidance when performing any other of their functions under this Law to which the guidance is relevant.

Ссылаются нормы: HaveRegardToCharityTestGuidance, HaveRegardToCharityTestGuidanceDuty, had_regard_to_charity_test_guidance

en · official · sha256:5f743c3804765583b374ca2d617fb0ba0d635abb29f0b73981486ec7cd5adb08EN

6 Charitable purposes (1) For the purposes of this Law, the charitable purposes are – (a) the prevention or relief of poverty; (b) the advancement of education; (c) the advancement of religion; (d) the advancement of health; (e) the saving of lives; (f) the advancement of citizenship or community development; (g) the advancement of the arts, heritage, culture or science; (h) the advancement of public participation in sport; (i) the provision of recreational facilities, or the organisation of recreational activities, with the object of improving the conditions of life for the persons for whom the facilities or activities are primarily intended; (j) the advancement of human rights, conflict resolution or reconciliation; (k) the promotion of religious or racial harmony; (l) the promotion of equality and diversity; (m) the advancement of environmental protection or improvement; (n) the relief of those in need by reason of age, ill-health, disability, financial hardship or other disadvantage; (o) the advancement of animal welfare; (p) any other purpose that may reasonably be regarded as analogous to any of the purposes listed in sub-paragraphs (a) to (o). (2) For the purposes of paragraph (1) – (a) in paragraph (1)(d), “the advancement of health” includes the prevention or relief of sickness, disease or human suffering; (b) paragraph (1)(f) includes – (i) rural or urban regeneration, and (ii) the promotion of civic responsibility, volunteering, the voluntary sector or the effectiveness or efficiency of registered charities; (c) in paragraph (1)(h), “sport” means sport that involves physical skill and exertion; (d) paragraph (1)(i) applies only in relation to recreational facilities or activities that are – (i) primarily intended for persons who have need of them by reason of their age, ill-health, disability, financial hardship or other disadvantage, or (ii) available to members of the public at large or to male or female members of the public at large; (e) paragraph (1)(n) includes relief given by the provision of accommodation or care; (f) for the purposes of paragraph (1)(p), the advancement of any philosophical belief (whether or not involving belief in a god) is analogous to the purpose set out in paragraph (1)(c). (3) The States may, on the recommendation of the Commissioner, by Regulations – (a) add sub-paragraphs to paragraph (1); (b) add sub-paragraphs to paragraph (2) making explanatory provision in relation to any sub-paragraphs so added to paragraph (1). (4) The power under paragraph (3) does not include power – (a) to amend or restrict the effect of any of paragraphs (1)(a) to (p) and (2)(a) to (f); or (b) to alter the effect of paragraph (5). (5) The purpose of advancing a political party or promoting a candidate for election to any office, whether in Jersey or elsewhere, is neither a charitable purpose nor a purpose ancillary or incidental to a charitable purpose, irrespective of whether it would otherwise fall within paragraph (1) or Article 5(1)(a)(ii).

en · official · sha256:5d0e101a58edb9315ef67f3e6c8f1b562f799987a8d2ac4f1f19292250c0c6faEN

(1) For the purposes of this Law, the charitable purposes are – (a) the prevention or relief of poverty; (b) the advancement of education; (c) the advancement of religion; (d) the advancement of health; (e) the saving of lives; (f) the advancement of citizenship or community development; (g) the advancement of the arts, heritage, culture or science; (h) the advancement of public participation in sport; (i) the provision of recreational facilities, or the organisation of recreational activities, with the object of improving the conditions of life for the persons for whom the facilities or activities are primarily intended; (j) the advancement of human rights, conflict resolution or reconciliation; (k) the promotion of religious or racial harmony; (l) the promotion of equality and diversity; (m) the advancement of environmental protection or improvement; (n) the relief of those in need by reason of age, ill-health, disability, financial hardship or other disadvantage; (o) the advancement of animal welfare; (p) any other purpose that may reasonably be regarded as analogous to any of the purposes listed in sub-paragraphs (a) to (o).

Ссылаются нормы: AnalogyDeterminedByCommissioner, CharitablePurposeByAnalogy, CharitablePurposeByList, PurposeOutsideListNotCharitable, charitable_purpose, purpose_analogous_to_listed_purpose, purpose_listed_in_article_6_1, purpose_outside_article_6_1_list, reasonably_regarded_as_analogous, reasonably_regarded_as_analogous/external

en · official · sha256:bfd4ff80505a6f8f588e6b7345b982959b1299f53afcc0f64f6b492c4880181cEN

(2) For the purposes of paragraph (1) – (a) in paragraph (1)(d), “the advancement of health” includes the prevention or relief of sickness, disease or human suffering; (b) paragraph (1)(f) includes – (i) rural or urban regeneration, and (ii) the promotion of civic responsibility, volunteering, the voluntary sector or the effectiveness or efficiency of registered charities; (c) in paragraph (1)(h), “sport” means sport that involves physical skill and exertion; (d) paragraph (1)(i) applies only in relation to recreational facilities or activities that are – (i) primarily intended for persons who have need of them by reason of their age, ill-health, disability, financial hardship or other disadvantage, or (ii) available to members of the public at large or to male or female members of the public at large; (e) paragraph (1)(n) includes relief given by the provision of accommodation or care; (f) for the purposes of paragraph (1)(p), the advancement of any philosophical belief (whether or not involving belief in a god) is analogous to the purpose set out in paragraph (1)(c).

Ссылаются нормы: CitizenshipIncludesCivicResponsibility, CitizenshipIncludesRegeneration, HealthIncludesReliefOfSickness, PhilosophicalBeliefAnalogousToReligion, ReliefIncludesAccommodationOrCare, advancement_of_philosophical_belief, prevention_or_relief_of_sickness_disease_or_suffering, promotion_of_civic_responsibility_or_voluntary_sector, relief_given_by_accommodation_or_care, rural_or_urban_regeneration

en · official · sha256:bdcdd7afced701afee5a2b0df01d71f3d7eec278dd656ad062fe1d5072ab1716EN

(5) The purpose of advancing a political party or promoting a candidate for election to any office, whether in Jersey or elsewhere, is neither a charitable purpose nor a purpose ancillary or incidental to a charitable purpose, irrespective of whether it would otherwise fall within paragraph (1) or Article 5(1)(a)(ii).

Ссылаются нормы: PoliticalPurposeNotAncillary, PoliticalPurposeNotCharitable, political_purpose

en · official · sha256:eb2579df89f0eb012aad36c0237b21bf1d2aac63eabc12fdf67a2bdc6a2ad302EN

7 Public benefit (1) Paragraphs (2) and (3) apply to the Commissioner, the tribunal and the court when determining the question of whether an entity provides or intends to provide public benefit, for the purpose of Article 5(1)(b). (2) The person determining the question must have regard to – (a) how any – (i) benefit gained or likely to be gained by members of the entity or any other persons (other than as members of the public), and (ii) disbenefit incurred or likely to be incurred by the public, in consequence of the entity exercising its functions, compares with the benefit gained or likely to be gained by the public in that consequence; and (b) if benefit is, or is likely to be, provided to a section of the public only, whether any condition on obtaining that benefit (including any charge or fee) is unduly restrictive. (3) The person determining the question must not – (a) presume any particular charitable purpose to be for the public benefit; or (b) treat one particular natural person or a group of identified natural persons as being a section of the public, and accordingly must not treat an entity that benefits only such a person or persons as providing public benefit. (4) The guidance published by the Commissioner under Article 5(4), must in particular give guidance on the determination of the question of whether an entity provides or intends to provide public benefit. Part 4 Charity register

en · official · sha256:412746f571f41b814d656bd407a5e33c9d7c2f11979e12de31949620816e9878EN

(1) Paragraphs (2) and (3) apply to the Commissioner, the tribunal and the court when determining the question of whether an entity provides or intends to provide public benefit, for the purpose of Article 5(1)(b).

Ссылаются нормы: DeterminerIsCommissioner, DeterminerIsCourt, DeterminerIsTribunal, determiner_of_public_benefit

en · official · sha256:276eb42f240c8c81f425efbf5f90896cd25547410af66220d2a8a474a38b8f60EN

(2) The person determining the question must have regard to – (a) how any – (i) benefit gained or likely to be gained by members of the entity or any other persons (other than as members of the public), and (ii) disbenefit incurred or likely to be incurred by the public, in consequence of the entity exercising its functions, compares with the benefit gained or likely to be gained by the public in that consequence; and (b) if benefit is, or is likely to be, provided to a section of the public only, whether any condition on obtaining that benefit (including any charge or fee) is unduly restrictive.

Ссылаются нормы: DisbenefitFactorAgainstEntity, HaveRegardToPublicBenefitFactors, HaveRegardToPublicBenefitFactorsDuty, UndulyRestrictiveConditionFactor, benefit_provided_to_section_of_public_only, condition_on_obtaining_benefit_unduly_restrictive, condition_on_obtaining_benefit_unduly_restrictive/external, had_regard_to_public_benefit_factors, private_benefit_or_disbenefit_outweighs_public_benefit, private_benefit_or_disbenefit_outweighs_public_benefit/external, public_benefit_factor_against_entity

en · official · sha256:04b61fc27d1547f66109c74592982919d3705b9851f1a6e7e8b3e8551e9d820aEN

(3) The person determining the question must not – (a) presume any particular charitable purpose to be for the public benefit; or (b) treat one particular natural person or a group of identified natural persons as being a section of the public, and accordingly must not treat an entity that benefits only such a person or persons as providing public benefit.

Ссылаются нормы: IdentifiedPersonsAreNotSectionOfPublic, ObserveBanOnPresumingPublicBenefit, PresumptionObservanceDuty, PresumptionProhibition, RefrainFromPresumingPublicBenefit, benefits_only_identified_natural_persons, presumes_purpose_to_be_for_public_benefit, presumption_refrained

en · official · sha256:aeb423b4859fa2d81562f3d765fa2e3987b90f223d701efec8bf334ccaf8e6fdEN

8 Charity register (1) The Commissioner must establish and maintain a register of charities. (2) The register must be kept in such a way as to distinguish between – (a) the general section; (b) the restricted section; and (c) the historic section. (3) The Commissioner must enter in the register, in respect of each registered charity (whether entered in the general or restricted section), in addition to the registered name and registration number entered under Article 12(2) – (a) a note of the status of the entity that is the registered charity, being – (i) the sub-paragraph of the definition “entity” in Article 2(1) within which the entity falls (including, in the case of an entity falling within one of sub-paragraphs (f) to (j) of that definition, whether it also falls within sub-paragraph (a)), and (ii) in the case of an entity falling within one of sub-paragraphs (e), (g), (h) or (j) of that definition, details of the enactment, Act of the States, Royal Charter, Act of the United Kingdom Parliament, Order in Council or foreign law, by virtue of which it falls within that sub-paragraph; (b) the names of each of the governors of the registered charity; (c) the principal address of the registered charity with the meaning of paragraph (4); (d) the address of any other premises in Jersey, other than a private dwelling house, at or from which the registered charity undertakes any activity; (e) a statement of the purposes of the registered charity (the charity’s “registered charitable purposes”), drawn by the charity from its constitution and approved by the Commissioner as accurately reflecting the constitution as to the purposes; (f) a statement (the charity’s “registered public benefit statement”), approved by the Commissioner, of the public benefit provided by the charity and of the means by which the charity ensures that it provides that public benefit; (g) the date on which the charity was registered; (h) if the registered charity is an organized religious charity, within the meaning of Article 28, a note of that fact and of the provision of the Order under that Article by virtue of which it is such a charity; (i) if the registered charity meets the charity test by virtue of an Order under Article 5(3), the text of the provision in the constitution that falls within paragraph (2) of that Article; (j) whether the registered charity has or has not sent its annual return for the most recent year; (k) if a required steps notice has been served on the registered charity, or on a governor of the registered charity, a note of that fact (or a copy of the notice) and of the date on which the notice was served; (l) if the registered name has been changed, the previous registered name or names; (m) if an Order under Article 13(9)(c) applies to the registered charity, any details or statement that must be entered on the register under that Order; and (n) any other information prescribed by the Minister by Order. (4) The principal address for the purpose of paragraph (3)(c) is – (a) if the registered charity is a company, foundation, or other entity required by its constitutional Law to have a registered office or business address in Jersey, the address of that registered office or that business address; (b) if the charity is not such an entity, the address of the main premises in Jersey at or from which the activities in Jersey of the registered charity are managed, controlled or undertaken, unless the premises are a private dwelling house; or (c) if neither sub-paragraph (a) nor (b) applies, the address in Jersey of one of the governors of the charity. (5) The Commissioner must enter in the historic section, in relation to any formerly registered charity that has been deregistered – (a) the entity’s former registered number; (b) if the entity was registered in the general section, the name under which the entity was registered immediately before deregistration, and any names under which it was previously so registered; (c) a summary of the reason why the entity was deregistered, including, if that reason was a contravention of a required steps notice, the reason for the service of that notice; (d) the dates on which the entity was registered and deregistered; and (e) such other matters as the Minister may prescribe by Order. (6) The Commissioner must retain for 10 years, in respect of each registered charity, a copy of – (a) the constitution of the charity, and any amendments to it; (b) the annual returns of the charity; (c) any notice served on the charity under this Law; and (d) any other document prescribed by the Minister by Order.

en · official · sha256:1eae7301698deacfb09289660e369d7122d3799c97980f6e7daba26b66f14c6aEN

(1) The Commissioner must establish and maintain a register of charities.

Ссылаются нормы: CommissionerRegisterDuty, MaintainCharityRegister, register_established_and_maintained

en · official · sha256:787184c54ed8b8670cca1e76176d541615407dbf7cb5ae5e52ba5263ef44c05cEN

(2) The register must be kept in such a way as to distinguish between – (a) the general section; (b) the restricted section; and (c) the historic section.

Ссылаются нормы: entered_in_section

en · official · sha256:b407a56429cd5fb4452a6b8dd1ea87abdfac69594567b495f166f2075105b63dEN

(3) The Commissioner must enter in the register, in respect of each registered charity (whether entered in the general or restricted section), in addition to the registered name and registration number entered under Article 12(2) – (a) a note of the status of the entity that is the registered charity, being – (i) the sub-paragraph of the definition “entity” in Article 2(1) within which the entity falls (including, in the case of an entity falling within one of sub-paragraphs (f) to (j) of that definition, whether it also falls within sub-paragraph (a)), and (ii) in the case of an entity falling within one of sub-paragraphs (e), (g), (h) or (j) of that definition, details of the enactment, Act of the States, Royal Charter, Act of the United Kingdom Parliament, Order in Council or foreign law, by virtue of which it falls within that sub-paragraph; (b) the names of each of the governors of the registered charity; (c) the principal address of the registered charity with the meaning of paragraph (4); (d) the address of any other premises in Jersey, other than a private dwelling house, at or from which the registered charity undertakes any activity; (e) a statement of the purposes of the registered charity (the charity’s “registered charitable purposes”), drawn by the charity from its constitution and approved by the Commissioner as accurately reflecting the constitution as to the purposes; (f) a statement (the charity’s “registered public benefit statement”), approved by the Commissioner, of the public benefit provided by the charity and of the means by which the charity ensures that it provides that public benefit; (g) the date on which the charity was registered; (h) if the registered charity is an organized religious charity, within the meaning of Article 28, a note of that fact and of the provision of the Order under that Article by virtue of which it is such a charity; (i) if the registered charity meets the charity test by virtue of an Order under Article 5(3), the text of the provision in the constitution that falls within paragraph (2) of that Article; (j) whether the registered charity has or has not sent its annual return for the most recent year; (k) if a required steps notice has been served on the registered charity, or on a governor of the registered charity, a note of that fact (or a copy of the notice) and of the date on which the notice was served; (l) if the registered name has been changed, the previous registered name or names; (m) if an Order under Article 13(9)(c) applies to the registered charity, any details or statement that must be entered on the register under that Order; and (n) any other information prescribed by the Minister by Order.

Ссылаются нормы: purposes_stated_completely, registration_date

en · official · sha256:8cfeaa20b86a6ae68e73c13423811612477e6080e8f9894df704db5b77683f75EN

(6) The Commissioner must retain for 10 years, in respect of each registered charity, a copy of – (a) the constitution of the charity, and any amendments to it; (b) the annual returns of the charity; (c) any notice served on the charity under this Law; and (d) any other document prescribed by the Minister by Order.

Ссылаются нормы: CommissionerRetentionDuty, RetainCharityDocuments, RetentionPeriodEnd, documents_retained, retention_period_ends

en · official · sha256:8159b540bdf0d88a053c58fc0c7044b3a209074f1fde0860e212bfbdcc86f22cEN

9 Restricted section (1) For the purpose of Article 10 the public elements of the restricted section are, in relation to each charity registered in that section – (a) the registration number (but not the registered name) of the charity; (b) the matters registered under sub-paragraphs (a), (e), (f), (j) and (k) of Article 8(3); (c) a summary, produced by the charity, to the satisfaction of the Commissioner, of the reasons for registration of the charity in the restricted section; and (d) any other element that may be prescribed by the Minister by Order. (2) An applicant for registration, or a charity registered in the general section of the register, may request entry in the restricted section of the register if – (a) the applicant meets the funding condition, prescribed by the Minister by Order for this purpose, as to refraining from soliciting donations from the general public or from any prescribed description of persons; or (b) the applicant meets any other condition that may be prescribed by the Minister by Order, whether by reference to any other source of the entity’s funds or on any other basis. (3) The Order – (a) must prescribe grounds, that may include the exercise of discretion by the Commissioner, on which the Commissioner may accept or refuse such a request; (b) must specify, for the purpose of paragraph (2)(a) – (i) what constitutes soliciting, (ii) what constitutes a donation, and (iii) if the Order does not prescribe a description of persons, what constitutes the general public for the purpose of the Order; and (c) may make provision under sub-paragraph (b) by reference to the exercise of discretion by the Commissioner, or in any other manner. (4) A request under paragraph (2) must be – (a) made in the form published by the Commissioner; and (b) supported by information and evidence to the satisfaction of the Commissioner. (5) A request under paragraph (2) must be accompanied by a statement of the applicant’s intention, in the event of refusal of the request, being – (a) in the case of an application for registration – (i) that that application should be treated as withdrawn, or (ii) that it should be treated as an application for entry in the general section of the register, on provision of any further information and evidence required for such an application; or (b) in the case of a charity registered in the general section of the register – (i) that the charity should remain so registered, or (ii) that the charity should be treated as applying to be deregistered, on provision of any further information and evidence required for such an application. (6) The Commissioner must not enter a charity in the restricted section of the register unless satisfied – (a) that the request complied with paragraphs (4) and (5); (b) that one of the conditions prescribed under paragraph (2) is met; and (c) that there is no ground, prescribed under paragraph (3), on which the request must be refused or, in the case of a discretionary ground, on which the Commissioner considers the request should be refused. (7) If the Commissioner refuses a request, he or she – (a) must give written notice of the refusal to the applicant or charity; and (b) may proceed on the basis of the intention stated under paragraph (5).

en · official · sha256:09a649c117f8d118c33031fcb9346441158c048333267bb624550c55f255ae08EN

(1) For the purpose of Article 10 the public elements of the restricted section are, in relation to each charity registered in that section – (a) the registration number (but not the registered name) of the charity; (b) the matters registered under sub-paragraphs (a), (e), (f), (j) and (k) of Article 8(3); (c) a summary, produced by the charity, to the satisfaction of the Commissioner, of the reasons for registration of the charity in the restricted section; and (d) any other element that may be prescribed by the Minister by Order.

en · official · sha256:feccbcd98f16a0a8820a490c08931fae2afebce04797da95a5b5dd8b99324da0EN

(2) An applicant for registration, or a charity registered in the general section of the register, may request entry in the restricted section of the register if – (a) the applicant meets the funding condition, prescribed by the Minister by Order for this purpose, as to refraining from soliciting donations from the general public or from any prescribed description of persons; or (b) the applicant meets any other condition that may be prescribed by the Minister by Order, whether by reference to any other source of the entity’s funds or on any other basis.

Ссылаются нормы: RequestEntryInRestrictedSection, RequestRestrictedSectionLiberty, meets_prescribed_restricted_section_condition, requests_entry_in_restricted_section

en · official · sha256:461d961a2fced563cb3ff0f0c3b5b6d684cfd43fa1e8063e4a865e54b3355d33EN

(6) The Commissioner must not enter a charity in the restricted section of the register unless satisfied – (a) that the request complied with paragraphs (4) and (5); (b) that one of the conditions prescribed under paragraph (2) is met; and (c) that there is no ground, prescribed under paragraph (3), on which the request must be refused or, in the case of a discretionary ground, on which the Commissioner considers the request should be refused.

Ссылаются нормы: RestrictedSectionEntryConditions, may_enter_in_restricted_section, request_complies_with_form_and_statement