Registration of Schools with the Charities Regulator. Frequently Asked Questions
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1 Registration of Schools with the Charities Regulator Frequently Asked Questions This document has been prepared in consultation with the Charities Regulatory Authority, and should be read in conjunction with the CRA publication "User Guide - Primary Schools". CPSMA April
2 Contents 1. WHY DO PRIMARY SCHOOLS NEED TO REGISTER? 2. WHEN IS THE DEADLINE FOR APPLICATIONS? 3. HOW DOES A SCHOOL CREATE A CHARITY ACCOUNT? 4. MY SCHOOL DID NOT RECEIVE AN WHAT SHOULD I DO? 5. WHO SHOULD COMPLETE THE REGISTRATION PROCESS? 6. HOW DO I LOG IN TO MY SCHOOL S CHARITY ACCOUNT? 7. WHAT INFORMATION IS REQUIRED TO COMPLETE THE PROCESS OF APPLICATION FOR INCLUSION IN THE PUBLIC REGISTER OF CHARITIES? 8. CAN SUBMITTED DETAILS BE EDITED AT A LATER DATE? 9. WHAT ARE THE BENEFITS OF BEING A REGISTERED CHARITY? 10. WHEN DOES THE SCHOOL HAVE TO SEND ITS FIRST REPORT TO THE REGULATOR? 11. WHAT INFORMATION IS REQUIRED IN THIS REPORT? 12. MY SCHOOL HAD PREVIOUSLY REGISTERED AS A CHARITY ARE WE REQUIRED TO SUBMIT AN ANNUAL REPORT? 13. DO PARENTS ASSOCIATIONS HAVE TO REGISTER SEPARATELY? 14. HOW DOES A REGISTERED SCHOOL BENEFIT FROM TAX EXEMPTION? Contacting the CRA CPSMA April
3 1. WHY DO PRIMARY SCHOOLS NEED TO REGISTER? Primary Schools come within the terms of the Charities Act 2009, as they fall within the definition of an education body in the Act and, as such, are legally required to apply for inclusion on the Register of Charities. 2. WHEN IS THE DEADLINE FOR APPLICATIONS? The Charities Regulator encourages all schools to submit their application as soon as possible before the end of the 2015/2016 school year. 3. HOW DOES A SCHOOL CREATE A CHARITY ACCOUNT? An was issued to the address of all Primary Schools held by the Department of Education and Skills in March, This contains a PIN Code necessary to create the charity account. 4. MY SCHOOL DID NOT RECEIVE AN WHAT SHOULD I DO? If you are a primary school and did not receive an from the Charities Regulator please submit a query through the Charities Regulator website requesting a reissuance of the PIN . Please include the school roll number and address for your Primary School WHO SHOULD COMPLETE THE REGISTRATION PROCESS? Registration should be completed by a member of the Board of Management who has been authorised to do so. 6. HOW DO I LOG IN TO MY SCHOOL S CHARITY ACCOUNT? After you create your charity account you will receive an from the Charities Regulator confirming the account creation and activation. Once you receive this confirmation you can proceed to login to your school s account and complete the required information. The username is the address selected by the school for registration purposes. The password is created at registration stage. CPSMA April
4 7. WHAT INFORMATION IS REQUIRED TO COMPLETE THE PROCESS OF APPLICATION FOR INCLUSION IN THE PUBLIC REGISTER OF CHARITIES? Input any additional names (other than the pre-populated name) that your primary school uses or is known by. Confirm if your school has a Parents Association. Confirm if your school has a School/Student Council. Confirm your school s Date of Establishment (you can type the date of establishment in the format DD/MM/YYYY) Charitable Purpose [this has been pre-populated as Advancement of Education. Note: You may wish to add Advancement of Religion ] Charitable Objectives [ in agreement with the Department of Education and Skills, the charitable objectives have been pre-populated as per Section 9 of the Education Act, NOTE: You will need to add an additional statement in relation to the Advancement of Religion, if it has been included as a Charitable Objective]. Principal Address [as in main address of the school, not the School Principal s address] Correspondence Address Names of Board Members (First Name, Surname), the date of their commencement on the Board of Management and their position type. (The position type for the purpose of registration is Trustee. This refers to Trustee of the Charity, NOT of the School).The address of each Board Member is required, but this information will not be displayed on the public register. This should be entered electronically, even if a copy of Appendix G of Governance Manual for Primary Schools has already been sent to the Regulator. Important note in relation to eligibility as a Charity Trustee. This differs from eligibility criteria for membership of a Board of Management. Under the Governance Manual for Primary School Section 6 (b) A person shall not be eligible to be a member of a Board if that person: within the immediately preceding five years, has been sentenced to a term of imprisonment by a court of competent jurisdiction, or has been placed on the Sex Offenders Register by order of a court, or is disqualified or restricted from being a director of any company within the meaning of the Companies Acts. Under Section 55 of the Charities Act 2009, the following persons are precluded from being trustee of a charitable organisation: A person who (a) is adjudicated bankrupt (b) makes a composition or arrangement with creditors (c) is convicted on indictment of an offence (d) is sentenced to a term of imprisonment by a court of competent jurisdiction (e) is the subject of an order under section 160 of the Companies Act 1990 or is prohibited, removed or suspended from being a trustee of a scheme under the Pensions Acts 1990 to 2008 (f) has been removed from the position of charity trustee of a charitable organisation by an order of the High Court under section 74. CPSMA April
5 If a Board Member has an issue in relation to Bankruptcy or has had Court Approved Formal Insolvency Arrangement (Personal Insolvency Arrangement, Debt Settlement Arrangement or Debt Relief), the Chairperson of the Board of Management may contact the Charities Regulator directly for guidance. 8. CAN SUBMITTED DETAILS BE EDITED AT A LATER DATE? Following registration, the following information can be edited in the Charity Details section: 1. Address 2. Members of the Board of Management Note: Some of the information is not editable. If you wish to edit information in restricted fields, please submit a query to info@charitiesregulatoryauthority.ie 9. WHAT ARE THE BENEFITS OF BEING A REGISTERED CHARITY? Becoming a registered charity does not only mean that you will be complying with the law. You will also: Demonstrate that you operate to high standards of governance and administration Highlight your commitment to transparency and accountability Be in a better position to retain and attract statutory funding and contracts Provide a sound basis for donors and volunteers to support you Find it easier to secure permits for on-street collections Be able to apply to Revenue for charitable tax exempt status and associated benefits Play your part in rebuilding trust and confidence in the charities sector 10. WHEN DOES THE SCHOOL HAVE TO SEND ITS FIRST REPORT TO THE REGULATOR? Once your school is confirmed as registered with the Charities Regulator you will receive notification of your annual reporting deadline. This date is 10 months after your first financial year end following CPSMA April
6 your registration. For schools currently registering, it will be in The deadline will be notified in advance. 11. WHAT INFORMATION IS REQUIRED IN THIS REPORT? The requested report will contain a considerable amount of pre-populated information, furnished by the Department of Education and Skills. Some additional information in relation to the Annual Activity of the Charity is required, but there is no requirement to submit school accounts. 12. MY SCHOOL HAD PREVIOUSLY REGISTERED AS A CHARITY ARE WE REQUIRED TO SUBMIT AN ANNUAL REPORT? The Charities Regulator will contact these schools directly, over the coming months, to advise them of their requirements. 13. DO PARENTS ASSOCIATIONS HAVE TO REGISTER SEPARATELY? As part of this registration process, primary schools will be requested to identify where there are parent associations in existence. The Charities Regulator has advised that a separate registration process for Parents Associations is unlikely, and registration may be achieved through linking these organisations to the related schools by way of a Branch identifier. 14. HOW DOES A REGISTERED SCHOOL BENEFIT FROM TAX EXEMPTION? Once registered as a Charity, primary schools will still require a Revenue CHY number to obtain tax exemption on gross interest income. The Charities Regulator is currently in discussions with Revenue in order to identify a simple solution to this. A possible solution being considered is to change existing legislation to allow schools to obtain this exemption by using their Roll Number. Contacting the CRA The Charities Regulator has a dedicated customer service team to support you in completing your school s application for charitable status. The customer service team can be contacted by: CRA online query system: info@charitiesregulatoryauthority.ie Helpline: (available Mon Fri from 1pm 5:30pm) CPSMA April
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