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  • Welcome
  • Who we are
  • What we do
  • What you need
  • 1. Capacity
  • 1.1. Your tribe
    • Staffing
  • 1.2. Funding
    • Fundraising resources
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  • 1.3. Oranisational set-up
    • Setting up & Regulatory
    • Management practices
    • Governance & Oversight
  • 2. Ability & Capability
  • 2.1. Tribe Quality
    • Effectiveness
    • Inspiring leadership
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  • 2.2. Strategy development
    • Goal, vision and mission
    • Strategy & Activities
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  • 3. Confidence
  • 3.1. M&E
  • 3.2. Safety & Security
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Confidence

Legal & Regulatory

Setting up your organization

Establishing a non-profit organisation requires navigating a range of legal and regulatory frameworks designed to ensure accountability, transparency, and alignment with the public benefit. The process typically involves selecting an appropriate legal structure, drafting governing documents, and registering with the relevant regulatory authority. Compliance obligations often include adhering to charity or non-profit laws, meeting reporting and governance standards, and maintaining proper financial management practices. Understanding these requirements from the outset helps organizations operate effectively, uphold public trust, and achieve long-term sustainability.

EstablishmentBoard of Directors

Establishment

Registering

  • Knowledge sharing:

You will need to check out your country regulations to understand what is needed. The Global Nonprofits Guide helps you find a suitable location and navigate the laws of your chosen country throughout the whole lifecycle of your nonprofit.

Access the guide here, in English

How to set up your organization

  • Choose the most appropriate legal structure for your organization:

Check with your country’s regulation on available legal entities for non-profit organisations. In some countries, it might be beneficial to register as a limited company.

  • Draft Foundational Documents: 

Prepare the relevant founding documents depending on your country’s regulations. The least you will need are the bylaws/articles of association, detailing your NGO's aims, structure, and governance. In most countries, you will also need a Board of Directors to be able to register.

  • Set Up a Board of Directors: 

Establish a governing board with defined roles and responsibilities.

Access advise on your board of directors here, in English

  • Register and apply for Tax-Exempt Status: File the necessary paperwork with the relevant government authorities for your chosen legal structure. This is particularly important if you would like to benefit from tax advantages, receive donations and grants to support you. You can do so from the very beginning or later in time, whenever you think it is needed. Depending on your country, receiving tax-exempt status can take several months up to several years.

  • Local Laws, Licences and Permits: NGOs must comply with stringent audit requirements due to their tax-exempt status. Required filings typically include financial reports, corporate documents, state tax exemption certifications, and fundraising registrations. Stay updated on recent regulatory changes to ensure ongoing compliance. Acquire any other required licenses to operate legally.

A word of caution

At Phoenix Initiative, we cannot guarantee the quality of all the resources we share. What is important for us is that you are aware of what exists, and where you can find the knowledge you might need. If you think something is not helpful, please let us know.  

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