On the 9th of May 2022, the High Court of Uganda, rendered its decision in a dispute between Chapter four Uganda and the NGO Bureau. In the ruling, the High Court striped the NGO Bureau of powers to indefinitely suspend NGOs.
Social Enterprise Taxation in Uganda – Defining A Charitable Institution for Purposes of Exemption from Income Tax
Yunus Social Business Foundation Uganda Limited (YUNUS) is a company limited by guarantee that provides concessional and soft loans, strategic and other support to social businesses in Uganda with the aim of alleviating poverty and related social and environmental problems. YUNUS is part of the Yunus Social Business Germany which is registered as a charity in Germany and is exempt for income tax purposes in that country. As part of its activities in Uganda, YUNUS lends money to businesses proven to have a social impact, the money is repayable with interest and in most cases, YUNUS requires borrowers to provide security.
Foreign workers are required under Section 53 of the Uganda Citizenship and Immigration Control Act and Regulation 21 of the Petroleum (Exploration, Development and Production) (National Content) Regulations to obtain work permits prior to taking up employment in Uganda. Work permit applications are approved and issued by the Directorate for Citizenship and Immigration Control under the Ministry of Internal Affairs.
Filing annual returns for a company with the company registrar is mandatory as encapsulated in Section 132 of the Companies Act 2012. It provides that every company which has a share capital must file annual returns with the registrar.
Annual returns show the changes that have occurred within the company during the year such as change of shareholding, directorship and the registered office of the company.
Every accountable person is required by Regulation 45(1) of the Anti-Money Laundering Regulations, 2015 to submit to the Financial Intelligence Authority(FIA) a compliance report setting out the level of compliance with the Act and Regulations and the Internal Anti-Money Laundering and Combating Terrorist Financing Policy of the accountable person at the end of each calendar year. The FIA developed a compliance report template to streamline and standardise the reports submitted by Accountable persons.
The recent 2016 NGO Act provides a new legal and regulatory framework that introduces dynamic changes in the registration, licensing, regulation and governance of Non-Governmental Organisations (NGOs) in Uganda. The new law creates a mandatory requirement on all NGOs to comply with these rules and regulations governing their operations within the country.