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Foundations Act

consolidated text (as at 2017, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

Later amending instruments held: Finance (Miscellaneous Provisions) Act 2018 (Act No 11 of 2018), Anti-Money Laundering and Combatting the Financing of Terrorism (Miscellaneous Provisions) Act 2020, Covid-19 (Miscellaneous Provisions) Act 2020, Finance (Miscellaneous Provisions) Act 2020, Finance (Miscellaneous Provisions) Act 2021 (Act No 15 of 2021), Anti-Money Laundering and Combatting the Financing of Terrorism and Proliferation (Miscellaneous Provisions) Act 2024 (Act No. 10 of 2024), Finance Act 2025 (Act No. 18 of 2025), Anti-Money Laundering, Combatting the Financing of Terrorism and Countering Proliferation Financing (Miscellaneous Provisions) Act 2026 (Act No. 3 of 2026).

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Sections

  1. 1 Short title
  2. 2 Interpretation
  3. 3 Purpose and objects of Foundation
  4. 4 Founder
  5. PART II: ESTABLISHMENT OF FOUNDATION
  6. 5 Need for registration of Foundation
  7. 6 Foundation established by will
  8. 7 Charitable Foundation
  9. 8 Charter of Foundation
  10. 9 Amendment of charter
  11. 10 Articles of Foundation
  12. 11 Property of Foundation
  13. 12 Powers and obligations
  14. 13 Appointment and qualification of secretary
  15. 14 Registered office
  16. 15 Change of registered office
  17. 16 Council
  18. 17 Membership of Council
  19. 18 Duties and powers of Council
  20. 19 Personal liability of officers and members of Council
  21. PART III: NAME OF FOUNDATION
  22. 20 Name of Foundation
  23. 21 Change of name
  24. 22 Use of Foundation name
  25. PART IV: REGISTRATION
  26. 23 Application for registration
  27. 24 Registration
  28. 25 Certificate of registration
  29. 26 Separate legal personality
  30. 27 Pre-registration actions
  31. PART V: REGISTER
  32. 28 Register of Foundations
  33. 29 Inspection of register
  34. 30 Powers of inspection of Registrar
  35. 30A Education and exchange of information inserted by Act No 15 of 2021
  36. PART VI: CAPACITY, POWERS AND VALIDITY OF ACTS
  37. 31 Capacity and powers
  38. 32 Power of officers to bind Foundation
  39. 33 Method of contracting
  40. 34 Disclosure of interest
  41. 35 Rights of beneficiary to information
  42. PART VII: RECORDS AND DOCUMENTS
  43. 36
  44. 36A Records of charitable Foundation inserted by Act No 15 of 2021
  45. PART VII: RECORDS AND DOCUMENTS
  46. 37
  47. 38 Publication
  48. PART VIII: REMOVAL FROM AND RESTORATION TO REGISTER
  49. 39 Removal from register
  50. 40 Effect of removal from register
  51. 41 Restoration to register and effect of removal
  52. PART IX: WINDING-UP
  53. 42 Voluntary winding-up
  54. 43 Winding-up by Court
  55. 44 Distribution of assets on winding-up
  56. PART X: MISCELLANEOUS
  57. 45 Certificate of current standing
  58. 46 Confidentiality
  59. 47 Redomiciliation
  60. 48 Remedy
  61. 49 Service of documents on Foundation
  62. 50 Offences committed by Foundation
  63. 50A Compounding of Offences
  64. 50B Temporary measures during COVID-19 period inserted by Act No 1 of 2020
  65. PART X: MISCELLANEOUS
  66. 52 Regulations
  67. SCHEDULE
  68. 1
  69. 2 (1) The fee payable in respect of every subsequent year, as specified in Part I
  70. PART I: FEES
  71. 1
  72. 2
  73. PART II: Item Matters in respect of which a fee shall be payable Fees payable
  74. 1 For any certificate issued by the Registrar except for the issue
  75. 2 For any amendment of the charter 1,000
  76. 3 For certifying any copy or extract of any document in the
  77. 4 For a copy or extract of any document in the custody of the
  78. 5 For inspection of register in respect of any Foundation 100