Question

Non-profit organization (not charity)

Hi,

we need to set up a non-profit organization for a small acting group in Dublin.
We will use that only for the expenses they will give us back when we have a performance, but there will be no profit.

I am really confused about the procedure.
I think we could set up an unincorporated association?
How should we do that? Register with the CRO? Go to a solicitor to register?

I tried to read the information on the website but I am still really confused.

If someone can give me some help or post link..

Thanks a lot!

Comments

francescacoo's picture

I add aanother question :)I

I add aanother question :)
I think would be better to have professional assistance to setup our organization.

I've asked to an accountant and they want 700-900 euro.

We are only a small group and we just started... it is a bit too expensive for us.

There are associations that supports non-profit groups with legal advices in Ireland?

Thanks

deirdreg's picture

Hello, The Wheel has

Hello,

The Wheel has developed a fact-sheet for people just like you who are trying to figure out what the first few steps are in setting up a charity. You can read it here: http://www.wheel.ie/you-and-your-organisation/forming-your-charity

The main thing to keep in mind is that there are two TOTALLY separate decisions that you ned to make: the first relates to the purpose of your group - why are you coming together? what will the group do? what will the world look like when you have done it? etc Getting answers to this means that you are very clear about what it is you are about and what the public benefit is. If your group wants to be a charity, you can use the fact sheet to learn about how to apply to the Revenue Commissioners for a CHYnumber.

The second set of decisions are around how the group will be legally constituted i.e. whether to set it up as an 'unincorporated association' or whether to set it up as a company limited by guarantee without a share capital. (There are other structures too, but these two are the most common). If it's the former, you will need to write up (in plain english) a set of rules or a constution which describe how the group will operate in order to fulfill its purpose. If it's the latter, it will be more formal and more costly. Your decision will b e which legal structure you wish to have and this is a totally separate decision to the decision to apply for a CHY number or not. You will have to make it before you apply for a CHY number becuase you will need to tell the Revenue what structure you are using, but it makes no difference to your chances of getting a CHY number whether you are an unincorporated association or a company.

 If money is a problem, you might be best advised to leave your group as an unincorporated association, becuase then you can always "upgrade" to a company if you feel the need to. Either way, the most imporant thing is clarity around what you want to do and how you are going to organise yourselves to get it done.

In setting up a new group, you should check out the Governance Code that is published on www.governancecode.ie as it provides a blue-print for how you might go about organising yourselves.

I don't know (currently) of legal companies that offer this type of service for start-up charities for free, but I am hoping that it is something that we can develop and am, in fact, talking to a legalfirm about it over the coming weeks.

Best of luck.

Deirdre

samanta's picture

Save the children and save

Save the children and save the world  set up a charity foundation today  the united nation international children emergency fund currently disbursing out fund to willing individuals and co operate  organisations ready to setup a charity orphanage institute
If  interested in this pursuit to save the world   summit your official identification details as follows, Name in full„country state and province address ,postal or fax code /mobile no, Date of birth registration ,present occupation,and a photo scan of a valid means of identification  to  
UNICEF   fund management  directory   stanbicroyal@hotmail.com  for documentry verification and fund   disbursary

francescacoo's picture

Hi Deirdre, thanks a lot for

Hi Deirdre,

thanks a lot for your answer!
I have read the page http://www.wheel.ie/you-and-your-organisation/forming-your-charity and it's usefult, but I am still confused :)

We will not be a charity.
We are an "acting group", a laboratory for actors.
We are a group of people with our jobs and not interested in making profits.

We need to setup an organization because we will do some performances and we will receive a payments for our costs (buying dresses or material for example).
For this reason we need to sign a contract and give them a receipt.

When you say

"The second set of decisions are around how the group will be legally constituted i.e. whether to set it up as an 'unincorporated association' or whether to set it up as a company limited by guarantee without a share capital.  "

What we need to do? Where we will register as association or company?
(in Italy you need to go to a solicitor to do that and pay a quote and register to the "revenue).

So, if I choose the association, I will write the code... and then?

Thanks a lot for your help!
Francesca

deirdreg's picture

Hi, In Ireland, there is no

Hi,

In Ireland, there is no register of nonprofit organisations. If you are going to be an unincorporated associetion, there is nowhere to register. If you decide to be a company, then you will need to set up as a company with Memo and Articles of Association, and you can get more information from the fact sheet or else contact the Companies Registration Office directly.  

If you are a group of people who will be receiving payment for the costs you incur, then the first question is: payment from whom? If you then answer that by saying that you are going to be trading, then you need to register for tax purposes with the Revenue Commissioners.

Doing more research by contacting those two organisations should help you make the necessary decision. Either way, I suggest definitely contacting Revenue Commissioners first.

Regards

Deirdre

francescacoo's picture

Uh, trading even if we have

Uh, trading even if we have no profit on that, but it's "art" / performances? 

I will contact the revenue to get help.

Thanks a lot!
Francesca

samanta's picture

Save the children and save

Save the children and save the world  set up a charity foundation today  the united nation international children emergency fund currently disbursing out fund to willing individuals and co operate  organisations ready to setup a charity orphanage institute
If  interested in this pursuit to save the world   summit your official identification details as follows, Name in full„country state and province address ,postal or fax code /mobile no, Date of birth registration ,present occupation,and a photo scan of a valid means of identification  to  
UNICEF   fund management  directory   stanbicroyal@hotmail.com  for documentry verification and fund   disbursary