New Guernsey and Alderney charity legislation introduced

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The Guernsey registry will introduce the new legislation in a phased process

New charity legislation for Guernsey and Alderney comes into effect today.

The new legislation, which the States of Guernsey approved in 2021, will replace the current legal framework with "a number of revisions".

The Guernsey registry will continue to act as the office of the registrar of charities and other non profit organisations (NPOs).

The registry will write directly to all registered charities and NPOs to advise them of the changes.

The new framework will include:

  • Removal of the exemption under the 2008 Law applicable to organisations administered by parties licensed by the Guernsey Financial Services Commission

  • Financial thresholds for compulsory registration have been raised

  • Introduction of a "charitable purposes test" to clarify the meaning of charity

  • Those who do not meet the "fit and proper test" will be prohibited from running a charity or NPO

  • Organisations will have a "reporting obligation" to give information regarding payments made abroad

Charities or NPOs that work locally and have assets of less than £100,000 and/or a turnover of less than £20,000 are not required to register.

Registrar Helen Gains said it had planned a "phased process" to introduce the new requirements.

She said: "There has been extensive dialogue with charities and their sector representatives about the implementation of the ordinance, and the requirements for them, since it was agreed by the states last year.

"The new ordinance means some new financial probity and transparency measures and mitigations against the risk of financial crime which are important for the reputation of registered charities and for the Bailiwick as a jurisdiction."

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