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Non Profit Operating Agreement
"I need a Non Profit Operating Agreement for a new educational organization in Cape Town that will focus on providing after-school STEM programs, with operations starting March 2025 and involving both local and international donors."
1. Parties: Identification of the founding members, directors, or trustees establishing the non-profit organization
2. Background: Context of the organization's formation and its intended purpose
3. Definitions: Key terms used throughout the agreement, including statutory references
4. Non-Profit Status and Purpose: Declaration of non-profit status and detailed description of organization's objectives and activities
5. Governance Structure: Composition of board, appointment procedures, and governance mechanisms
6. Board Powers and Duties: Specific powers, responsibilities, and limitations of the board of directors
7. Meetings and Decision-Making: Procedures for board meetings, voting, and resolution passing
8. Financial Management: Financial controls, accounting requirements, and asset management procedures
9. Membership: Classes of membership (if any), rights, and obligations of members
10. Dissolution: Procedures for winding up and distribution of assets in compliance with non-profit laws
11. Amendment Procedures: Process for modifying the operating agreement
12. Dispute Resolution: Procedures for handling internal disputes and conflicts
13. Compliance: Statutory compliance requirements and reporting obligations
1. Branch Operations: Include when the organization operates multiple branches or chapters
2. International Activities: Required for organizations conducting operations outside South Africa
3. Fundraising Protocols: Include when the organization actively engages in fundraising activities
4. Volunteer Management: Include when the organization relies on volunteer workforce
5. Intellectual Property: Include when the organization creates or uses significant intellectual property
6. Research and Publications: Include for organizations conducting research or publishing materials
7. Grant-Making Procedures: Include if the organization provides grants or funding to other entities
8. Social Enterprise Activities: Include if the organization engages in income-generating activities
1. Schedule A - Initial Board Members: List of initial board members with their details and roles
2. Schedule B - Financial Procedures: Detailed financial management procedures and controls
3. Schedule C - Organizational Structure: Detailed organizational chart and reporting structures
4. Schedule D - Code of Conduct: Ethical guidelines and conduct expectations for board members and staff
5. Schedule E - Risk Management Framework: Risk assessment and management procedures
6. Appendix 1 - Forms and Templates: Standard forms for organizational procedures
7. Appendix 2 - Conflict of Interest Policy: Detailed policy for managing conflicts of interest
8. Appendix 3 - Investment Policy: Guidelines for managing organizational funds and investments
Authors
Agreement
Annual Financial Statements
Annual General Meeting
Auditors
Board
Board Member
Chairperson
Commissioner
Company Secretary
Constitution
Donor
Executive Director
Financial Year
Founding Members
Governing Board
Income Tax Act
Independent Review
Material Interest
Member
Memorandum of Incorporation
Non-Profit Company
NPO Act
NPO Directorate
Office Bearer
Officer
Operating Policies
Organization
Public Benefit Activity
Public Benefit Organization
Registered Office
Related Person
Resolution
SARS
Special Resolution
Stakeholder
Tax Exemption
Terms of Reference
Treasury
Trustee
Vice-Chairperson
Voting Rights
Purpose and Objectives
Non-Profit Declaration
Governance Structure
Board Composition
Membership
Meetings and Procedures
Voting Rights
Financial Management
Asset Management
Powers and Duties
Decision Making
Compliance Requirements
Reporting Obligations
Conflict of Interest
Confidentiality
Indemnification
Risk Management
Amendment Procedures
Dispute Resolution
Dissolution
Distribution of Assets
Statutory Compliance
Records Maintenance
Ethics and Conduct
Fundraising
Public Benefit Activities
Tax Compliance
Insurance
Notices
Force Majeure
Severability
Entire Agreement
Healthcare and Medical Services
Education and Research
Social Services
Environmental Conservation
Arts and Culture
Religious Organizations
Community Development
Animal Welfare
Human Rights
Sports and Recreation
Disaster Relief
Youth Development
Elderly Care
Disability Services
Legal
Compliance
Finance
Board Secretariat
Governance
Operations
Risk Management
Administrative
Executive Leadership
Executive Director
Board Chairperson
Board Member
Company Secretary
Chief Financial Officer
Operations Director
Compliance Officer
Program Manager
Legal Counsel
Finance Manager
Governance Officer
Risk Manager
Fundraising Director
Volunteer Coordinator
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