• The Official Website of the City of Los Santos

Department of Finance

State Regulation of Charities Act

A Bill to provide for effective regulation of Charities in the State of San Andreas and to amend the San Andreas Penal Code, as currently imposed in the State of San Andreas, to deal with violation of the regulatory mechanism provided under this Bill, with an aim to ensure that people are discouraged from establishing fraudulent charities.

THE PEOPLE OF THE STATE OF SAN ANDREAS DO ENACT AS FOLLOWS:

SECTION I. TITLE

This Bill shall be known and may be cited as the "State Regulation of Charities Bill" or the “SRCB”.

SECTION II. COMMENCEMENT

This Bill shall be come into force 2 months after it receives the assent of the Governor.

SECTION III. PURPOSE

The purpose of this Bill is to regulate charities (while not discouraging or burdening legitimate charities with additional compliances) and to create a framework that:

  1. provides a legal and regulatory environment that will enable all charities to realize their potential as a force for good in society;
  2. encourages a vibrant and diverse sector, independent of the Government; and
  3. sustains a high level of public confidence in charities, through effective regulation.

SECTION IV. FINDINGS

  1. Registration of Charities helps build a safe and positive environment for donors.
  2. Studies show that access to financial information of a Charity is the primary factor for donors, while donating to a Charity.
  3. Research by the Charity Commission and MORI in 2020 shows that 92% people have supported a charity in the preceding two years and recommends that public access to financial records will further encourage philanthropy.
  4. In jurisdictions where Charities have been regulated, there has been a decline in backdoor funding of organized criminal groups.
  5. In the State of San Andreas, fraudulent Charities have diverted necessary donations away from legitimate Charities and causes.

SECTION V. DEFINITIONS

  1. For the purposes of this law and all references to this law, the term “Donor” shall refer to a person who gifts cash or property to a nonprofit organization to help it accomplish its goals for which such person receives nothing of value in return.
  2. For the purposes of this law and all references to this law, "Charity" shall refer to any non-governmental organization established to provide help and raise money for those in need.
  3. For the purposes of this law and all references to this law, "financial records" shall refer to formal records that provide evidence of the business activities and position of the business, person, or entity.
  4. For the purposes of this law and all references to this law, "KYC" shall refer to the due diligence process adopted by businesses to verify the identity of their clients either before or during the time that they start doing business with them.
  5. For the purposes of this law and all references to this law, “Trustees” shall refer to the people who have the general control and management of the administration of a Charity and share ultimate responsibility for governing it.

SECTION VI. MANDATORY REGISTRATION

  1. All Charities, having an establishment in the State of San Andreas, shall register themselves with the Department of Finance of their respective local government, or alternative departments, in such form, as may be prescribed by the Department of Finance or alternative departments.
  2. Every Charity shall mandatorily register at least two individuals and at most ten individuals as Trustees with the Department of Finance or alternative departments, in such form, as may be prescribed by the Department of Finance or alternative departments. Such Trustees shall be responsible for the general control and management of the affairs of the Charity and shall ensure that such Charity complies with all laws applicable in the State of San Andreas.

SECTION VII. MANDATORY DISCLOSURE OF FINANCIAL RECORDS

  1. On or before 31st March of each calendar year, or any other date that may be fixed by the State of San Andreas, all Charities shall submit their financial records for the previous calendar year to the Department of Finance of their respective local government, or alternative departments, in such form as the Department of Finance or alternative departments may prescribe.
  2. For Donors gifting over $50,000, whether in cash or otherwise, to a Charity in a calendar year, such Donors must compulsorily complete a KYC process. Such Charity must, within 30 days of completion of the KYC process, transfer copies of the KYC documents to the Department of Finance of their respective local government, or alternative departments, in such form as may be prescribed by the Department of Finance.

SECTION VIII. SRCB AND THE SAN ANDREAS PENAL CODE

  1. In the event of any ambiguity or conflict between the provisions of this Bill and those of the San Andreas Penal Code, the provisions of this Bill shall prevail. Provided that, ordinarily, the provisions of this Bill and those of the San Andreas Penal Code, shall be constructed harmoniously, so as to avoid any conflict or ambiguity.
  2. Title V of the San Andreas Penal Code is hereby amended to insert the following provision:

    “522. SRCB Violation (M)
    Any person(s) who fail to abide by the provisions of the State Regulation of Charities Act, shall be deemed guilty of this offence.

    Shall be liable under a Class C offense only, and shall receive a minimum fine of $50,000 or be sentenced to up to 10 Hours or both.”
  3. Notwithstanding anything mentioned above, any punishment imposed on any Charity under the San Andreas Penal Code, shall be imposed on all the Trustees of such Charity jointly.
  4. Notwithstanding anything mentioned above, no Trustee shall be liable under the San Andreas Penal Code, if such Trustee can prove, beyond reasonable doubt, that such Trustee was not involved in the day to day affairs of the Charity and had no reason to believe that such Charity was violating the provisions of this Bill.

About this Act

The State Regulation of Charities Act (SRCB) establishes a framework for the registration, oversight and financial transparency of charities across San Andreas.

It aims to protect donors, support legitimate charities and deter fraudulent organizations.

Related Charity Services

Charities operating in Los Santos may need to be registered and compliant with this Act.