JFSC Q1 2024 newsletter on Non-profit organisations (NPO) -

The JFSC has issued its latest NPO newsletter – the following shows the highlights – for the complete newsletter, see the link at the end of this update

NPO data collection for 2023

1. In February 2024, the JFSC emailed every Jersey-registered NPO to complete an online data collection survey.  The submission deadline for this survey is 31 May 2024. The survey aims to update the JFSC records annually and ensure that the JFSC NPO overview picture in Jersey remains accurate.

Does a de-registered charity need to deregister from the JFSC NPO register?

1. As part of the JFSC's continued engagement with the Jersey Charities Commissioner (JCC), the JFSC has been informed of several registered charities recently de-registered with the JCC but remain active on the JFSC NPO register.
2. If you are an NPO, you are legally required to register with the JFSC, whereas registering as a charity with the JCC is voluntary.
3. It is also worth noting that not all charities are NPOs.
4. Both the JFSC and the JCC maintain the JFSC's own registers; therefore, if you have deregistered as a charity with the JCC, it is important to consider whether you also need to de-register as an NPO with the JFSC.
5. Any NPO (regardless of whether it is a registered charity) that wishes to deregister should follow the JFSC deregistration process.
1. https://www.jerseyfsc.org/industry/sectors/non-profit-organisations/non-profit-organisations-forms/

On-site visits will be undertaken in Q3 2024 = THE THEME IS “DIVERSION” RISK

1. The JFSC has selected a few prescribed NPOs to participate in the JFSC's next examination programme.
2. The NPOs selected will be contacted individually over the next few months to advise them of the process and next steps, offering them a chance to ask any questions.
3. The topic of the upcoming theme is “DIVERSION." For more information on diversion, read the JFSC previous newsletter.
1. https://www.jerseyfsc.org/media/7434/npo-q4-2023.pdf
4. As is usual, following these visits, the JFSC will publish a feedback paper for the wider sector.
5. It is important to note that just because an NPO is required to register does not mean the NPO is then automatically subject to supervision or the JFSC examinations.  The definition of a prescribed NPO can be found in Article 1 of the Non-Profit Organisations Order 2022.

• ... a prescribed NPO is an NPO that, during the preceding 12 months has -
• raised funds exceeding £1,000 from outside Jersey, Guernsey, the Isle of Man, England and Wales and Scotland; or
• disbursed funds exceeding £1,000 outside those jurisdictions.

Do the JFSC have your most up-to-date information?

1. Article 9 of the Non-Profit Organizations (Jersey) Law 2008 contains the obligation for NPOs to inform the JFSC of any changes to information provided previously.
2. Please ensure that all confirmations of changes are sent to the JFSC writing, within three months of the change.
3. The confirmation can be sent to the JFSC NPO team at npoenquiries@jerseyfsc.org.

NPO term of the quarter – DEFINITIONS – what is an ASSOCIATE OF A NON-PROFIT ORGANIZATION

1. Using external parties such as an associate NPO might increase the risk that your NPO’s funds may be abused or diverted away for terrorist financing.
2. Selection, due diligence, and oversight of associate NPOs form a crucial part of a responsible NPO’s activity.
3. For more details on due diligence and oversight, please take a look at Section 17 of the JFSC Handbook.
1. https://www.jerseyfsc.org/industry/financial-crime/amlcftcpf-handbooks/amlcftcpf-handbook/

Coming up

1. The JFSC will be issuing a feedback video shortly following last years’ examination programme on the theme of SIGNIFICANT DONORS.

Visit the NPO section of the JFSC website for additional information and video guidance.

• Non-Profit Organizations (Jersey) Law 2008 (jerseylaw.je)
• Non-Profit Organisations (Prescribed NPOs – Additional Obligations) (Jersey) Order 2022 (jerseylaw.je)
• is-your-organisation-an-npo-and-what-that-means-in-practice.pdf (jerseyfsc.org)
• handbook-section-17.pdf (jerseyfsc.org) – Section 17
• https://www.jerseyfsc.org/industry/sectors/non-profit-organisations/

Source

•  https://preview.mailerlite.com/o7n5p8x0i1