What is an NGO?

An NGO, or Non-Governmental Organisation, is a legally constituted organization under the laws of the Republic of Uganda. This may be a private voluntary grouping of individuals or associations established to provide voluntary services to the community or any part, but not-for-profit or commercial purposes.

What are the different types of NGOs recognised in Uganda?

Foreign organizations: This is an organization incorporated outside Uganda and are controlled by people who are not citizens of Uganda or citizens of the East African Community and operating in Uganda under a permit issued by the NGO Bureau.
International Organization: This is an organization that was incorporated outside the East African Community and is wholly or partially controlled by citizens of countries other than citizens of member states of the East African Community.
Regional organization: This is an organization incorporated in one or more of the Partner States of the East African Community, which is partially or wholly controlled by citizens of one or more of the Partner States of the East African Community, and operating in Uganda under the authority of a permit issued by the NGO Bureau.
Indigenous NGOs: These are organizations founded and controlled by Ugandan citizens.
Continental NGOs: This refers to an organization that has its original incorporation in any African country outside the East African Community, and is partially or wholly controlled by citizens of one or more African countries other than the partner States of the East African Community.

What is the difference between registration and incorporation of an NGO?

Incorporation is a process through which an NGO comes into being. It is a process through which a group of persons start an NGO, which is issued a certificate of incorporation at the end of the process. Once incorporation is complete the NGO becomes a legal person, it can sue, be sued, own property, employ people etc.

Registration on the other hand is a process of ensuring the NGO is known by a government entity. The NGO Bureau creates a register in which all NGOs operating in Uganda are registered. Every NGO must be entered in this register.

How does a person start an NGO?

Any person or group of persons intending to start an NGO must develop a constitution for that NGO. The constitution is registered with the Uganda Registration Services Bureau (URSB). All new NGOs will have to be incorporated at URSB.

What laws govern NGOs?

NGOs, or Non-Governmental Organisations in Uganda are regulated by the Non-Governmental Organisations Act, Cap. 109 which governs the registration, management, and governance of NGOs. Additionally, the NGO Regulations S.I. 109-1are also in place to provide for a well detailed procedure.

What is the difference between incorporation and registration of an NGO?

Incorporation is a process through which an NGO comes into being. It is a process through which a group of people register the NGO as a company limited by guarantee with the Uganda Registration Services Bureau (URSB), and it is issued with the certificate of incorporation at the end of the process. At this point the company registers its objective, the names of the intended members, the constitution which will govern the organisation, and the names of the board members to run the day-to-day business of the organization. Once incorporation is complete the NGO becomes a legal person, capable of suing, being sued, own property, employ people etc.

Registration on the other hand is a process of ensuring the NGO is known by the National Bureau of Non – Government Organisations (NGO Bureau). The NGO Bureau creates a register in which all NGOs operating in Uganda are registered. Every NGO must be entered in this register.

How does a person start an NGO in Uganda?

Any person or group of persons intending to start an NGO must develop a Constitution (Memorandum and Articles of Association) for that NGO. The constitution is registered with the Uganda Registration Services Bureau (URSB).

Where do I register an NGO? What are the requirements to register an NGO?

All NGOs have to be registered with the NGO Bureau. New NGOs will have to apply for registration at the Bureau.

An NGO must fill the application form as provided in the NGO Regulations, pay application fees and apply to the Bureau with the following:

No.	Requirement
1.	Application for registration by completing Form A, N and D by at least two founder members. The form filled depends on the type of NGO one is registering.
2.	A letter requesting for registration and a permit to operate addressed to the Executive Director, NGO Bureau.
3.	A certified/ notarised copy of the certificate of incorporation
4.	A certified/notarised copy of the organization’s constitution or governing documents
5.	Annual Work plan and budget for the number of years applied for the Permit
6.	A certificate of good conduct of each of the signatories to the resolution or at least two Board members of the organization
7.	Curriculum Vitae (CV) of at least two Board members of the organization.
8.	Copies of valid identification documents (National ID or Passport) and passport size photographs of at least two founder members.
9.	A chart showing the governance structure of the organization (Organogram)
10.	Proof of payment of the prescribed fee.
11.	Proof of source of funding of the activities of the organization.
12.	A copy of a valid identification document for at least two founder members
13.	Minutes of a meeting of members or the governing body authoring the organization to register with the Bureau.
14.	A resolution of members (or governing body) authorizing the organization to register with the Bureau
15.	A statement complying with section 45 of the Act (statement showing the organogram of the organization, the requirements for employment of non-Ugandans and how non-Ugandans will be replaced with Ugandan counterparts in cases where the organization employs non-Ugandans
16.	Recommendations from District Non- Government Monitoring Committee (DNMC) where organization’s headquarters are located and from the responsible ministry or government department;
17.	Recommendations from District Non- Government Monitoring Committee (DNMC) where organization’s headquarters are located and from the responsible ministry or government department
18.	A recommendation from the line ministry
19.	A recommendation from Ministry of Foreign Affairs of Uganda (for international and continental)

 
After fulfilling the above, the NGO Bureau shall register the NGO. A registered NGO will be given a certificate of registration. Once registered, the NGO will remain registered unless the registration has been cancelled by the Bureau (for one of the reasons provided for by the law) or if the organization voluntarily applies for deregistration or if it is wound up and dissolved.

How can an organization incorporated outside Uganda be registered? What are the requirements to register an organization incorporated outside Uganda?

An organization incorporated outside Uganda, which intends to operate in Uganda, must apply to the Bureau to be registered and issued with a permit. The organization shall fill the application form accompanied by the following;

No.	Requirement
1.	A letter requesting for registration and a permit to operate addressed to the Executive Director, NGO Bureau)
2.	A notarised copy of certificate of incorporation from the country of incorporation.
3.	A notarized copy of its constitution, or charter or documents governing the organization
4.	Minutes and a resolution authorizing registration of the organisation in Uganda
5.	The annual work plan and budget for the years applied for
6.	A statement showing the requirements for employment of non-Ugandans and how non-Ugandans will be replaced with Ugandan counterparts in cases where the organization employs non-Ugandans
7.	A chart showing the governance structure of the organization (Organogram)
8.	Copies of a valid identification document for at least two founder members
9.	A certificate of good conduct of at least two members
10.	A curriculum vitae of at least two members
11.	A recommendation from their government or missions accredited to Uganda from their home country
12.	A recommendation from the Ministry of Foreign Affairs of Uganda
13.	Proof of payment of prescribed fees.

 
Once the above stated requirements are fulfilled the organisation must submit them at the NGO Bureau for review and approval after which the NGO will be registered and issued with the permit to operate on Uganda.

What are the staffing requirements for organizations incorporated outside Uganda?

Staffing requirements for foreign organizations are similar to Ugandan organizations. It is important to note that if an organization is employing foreign staff, it must meet the following:

Specify to the Bureau the foreign staff it is going to employ or areas where they might be required, show a plan how it will replace the foreign staff with Ugandans (over time), ensure there is equality in remuneration and benefits between foreign and local staff doing similar work, comply with labour laws in Uganda, comply with immigration laws in Uganda, and ensure all foreign staff have work permits and are legally authorized to stay and to work in Uganda.

What happens when the Bureau refuses to register an organization?

The Bureau may refuse to register an organization where in its opinion the organization’s constitution violates any law in Uganda or where the persons applying for registration of the organization give false or misleading information and the Bureau shall inform the applicant in writing of the reasons for refusal within 30(thirty days).

Where the Bureau refuses to register an organization, an aggrieved party can challenge the decision not to be registered by filing a case with the NGO Adjudication Committee or Court to challenge the decision of the Bureau.

How can I apply for a permit?

Every organization operating in Uganda shall on top of being registered by the bureau apply for a permit to allow them to work. A permit can be issued for a maximum of 5 years and is renewable. The person applying must show the time for which the permit needs to operate. The Organisation shall apply by filing application form (Form D of the regulations) and shall specify the following in the application:

The operations or objectives of the organization, the areas where the organization may carry out its activities, staffing of the organization, geographical area of coverage of the organization, location of the organization’s headquarters, evidence of payment of the prescribed fees per year for intended period of operation not exceeding five years.

A permit will be issued for a specific period of time but not more than 5 years. It should be noted that the Bureau can put conditions in the permit. The conditions normally relate to what the organization can do and where it can do it. They are normally specific to the subject and geographical area of focus within Uganda. An organization can also apply to the Bureau to have the conditions in the permit reviewed or changed.

How can I renew my permit once it expires?

The permit will be renewed upon its expiry. An organization is not allowed to operate in Uganda without a valid permit. An NGO is required to apply for renew of its permit within six (6) months before its expiry.

An Organization applying for renewal of a permit shall provide the following;

No.	Requirement
1.	A fully filled application form (Form H)
2.	Proof of payment of prescribed fees
3.	A photocopy of the expiring permit of operation
4.	A copy of the audit report of the previous year
5.	Minutes of the annual general assembly or governing body authorising the organisation to apply for renewal of its permit
6.	An annual report
7.	A work plan and budget or strategic plan
8.	Photocopies of identification documents
9.	A certified or notarized copy of the certificate of incorporation from URSB
10.	A recommendation from the District NGO monitoring committee
11.	A certified copy of the memorandum of Understanding from the district of operation
12.	A certified copy of the certificate of Registration
13.	A copy of the TIN certificate
14.	A copy of the certificate of the certificate of registration from Personal Data Protection Office (PDPO)
15.	A certified copy of the certificate of registration from the Financial Intelligence Authority (FIA)
16.	A copy of the registered Beneficial Ownership particulars

Can a permit be revoked?

Yes, the Bureau can revoke a permit once it is issued. The permit will be revoked if the organization does not operate in accordance with its constitution and, or if the organization contravenes the conditions specified in the permit. Before the Bureau revokes a permit, it shall within 30 days from the date of notice in writing request an organization to show cause why the permit should not be revoked.

What remedies are there when a permit has been revoked?

Where a permit has been revoked, (a) a person concerned can appeal to the adjudication committee or to courts of law for redress, (b) the organisation shall, subject to the conditions for grant of a permit under the act, be allowed to re-apply for a permit.

In conclusion, the above are the requirements needed when registering an indigenous, continental, international , foreign and reginal NGOs, the process of acquiring a permit as well as its renewal and the remedies one can take if their registration and permit applications have been denied.

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We represent some of the most impactful international and local non-governmental organizations in the country, assisting them with various key legal matters.

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