The Christian community has warned the government to expect pushback against planned amendments to the Charities Act, which will make it mandatory for all non-profit organisations, including churches, to register.
Several leaders of churches and para-church groups were informed of the impending changes to the law during a meeting on July 23 with representatives from the Department of Co-operatives and Friendly Societies, Tax Administration Jamaica, Companies Office of Jamaica, the Anti-Terrorism Task Force, and the Ministry of Industry and Commerce, among other stakeholders.
Under the new rules, there will be a Non-Profit Organisation (NPO) Authority which will govern NPOs. An NPO refers to a legal person, arrangement, or organisation that primarily engages in raising or disbursing funds for purposes such as charitable, religious, cultural, educational, social, or fraternal purposes, or for the carrying out of other types of “good work”.
The move is being seen as the latest effort by the government and its international partners to reduce Christian influence within the society.
With Jamaica holding the record for having the most churches per kilometre, Christians have been fiercely pushing back against unGodly agendas such as abortion and the LGBTQ infiltration. This has irked international organisations that have become a major financier of government initiatives.
Attorney at law Helene Coley-Nicholson is among those expressing concern about the impending legislation and had personally reached out to the compliance officer at the Companies Office of Jamaica to ascertain whether the church will be considered a NPO.
“She left me in no doubt that an ordinary church would actually fall under this definition as a non-profit organisation,” Coley-Nicholson told a group of church leaders last week during an online forum looking at the Act.
The amendments to the bill are being finalised, but so far, it has already been made clear that the NPOs, including churches, that run afoul of the Act will be liable on summary conviction to a fine not exceeding one million dollars. Additionally, the legislation will provide that a non-profit organisation should not solicit or cause to be solicited contributions from the public or the state, whether locally or internationally, whilst not registered under this Act. This means that the church will not be able to collect tithes and offerings from members without being registered.
Once passed, NPOs will have six months to get registered, and the certificate of registration will last between two to five years. Church foundations and other non-profit organisations that are already registered will have to re-register once the legislation is passed. Similar to what obtains with companies generally, churches must have their accounts professionally audited, provide fit and proper records, file annual returns, and keep minutes which can be scrutinised by external individuals or organisations.
While churches are only required to register as charities under the current Charities Act in order to benefit from tax exemptions or receive concessions, all NPOs, including churches, will have to register under this amended bill even if they are not benefiting from government incentives. This was a point of contention for some of the church leaders.
