How to Write Constitution for CAC Registration

Introduction

In this post, we’ll guide you through the essential elements required for drafting an effective constitution for CAC registration.

Creating a constitution is a crucial step in registering your organization—whether it’s a church, mosque, or NGO—as an Incorporated Trustee with the Corporate Affairs Commission (CAC). But drafting an acceptable constitution for CAC registration may seem daunting without a guide.

This guide will take you through the steps of creating a comprehensive constitution for your church, mosque, or NGO, ensuring you cover all necessary aspects for CAC registration.

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Step-by-Step Guide to Writing a Constitution for the CAC registration of a church, Mosque or NGO

The constitution should be divided into sections and articles as follows

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  1. Organizational Letterhead

Your constitution must be written on your organization’s letterhead. The letterhead should include the organization’s name, logo (optional), address, and contact details. This formality lends credibility and ensures that your document is properly identified.

  1. Preamble

The preamble is a brief introductory statement that explains the purpose and guiding principles of your organization. For example:

“We, the members of [Organization Name], a not-for-profit and non-political organization, do firmly and solemnly resolve to provide for ourselves a constitution and to be governed by the provisions therein contained.”

This sets the tone and context for the rest of the document.

  1. Name and Address

Clearly state the name of your organization and its official address. This is fundamental for identification and official communication.

Article 1: Name

  • The name of the organization is [Organization Name].

Article 2: Address

  • The address of the organization shall be: [Full Address].

  1. Aims and Objectives

Define the primary goals and objectives of your organization. These should reflect the mission and vision of your entity. For example:

Article 3: Aims and Objectives

  • Objective 1
  • Objective 2 etc

This section provides clarity on what your organization stands for and intends to achieve.

  1. Trustees

Outline the process for selecting trustees, their roles, terms of office, and conditions for removal. This ensures proper governance and accountability.

Article 4: Trustees

  • Trustee selection method
  • Trustee’s minimum and maximum tenure.
  • Trustees terms of office and conditions of removal.

  1. Common Seal

Detail the custody and use of the organization’s common seal to ensure legal and official documents are appropriately handled.

Article 5: Common Seal

  • Who keeps the common seal.
  • Documents executed by the Trustees must be signed and sealed with the Common Seal.

  1. Meetings

Specify the types of meetings to be held, their frequency, and quorum requirements. This promotes regular and structured communication within the organization.

Article 6: Meetings

Example of such meetings include

  1. Board of Trustees Meetings: —Frequency
  2. Meeting 2 —Frequency
  3. Meeting 3 —Frequency
  4. Meeting 4 —Frequency

 

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  1. Governing Body

Describe the composition and responsibilities of the governing body to ensure effective leadership and oversight.

Article 7: Governing Body

  • The governing body shall oversee the association’s operations and is composed of principal officers, including the Trustee Chairman and Secretary.

  1. Sources of Income

Identify the various sources of income for your organization to maintain financial sustainability.

Article 8: Sources of Income

  • Donations
  • Source 2
  • Source 3

  1. Disbursement and Application of Funds

Explain how funds will be managed and allocated to maintain transparency and ensure funds are used for their intended purposes.

Article 9: Disbursement and Application of Funds

  • Explanation 1
  • Explanation 2 etc

  1. Keeping Accounts

Detail the financial record-keeping and banking procedures to ensure accurate and transparent financial management.

Article 10: Keeping Accounts

  • All income and expenses shall be recorded accurately.
  • State the place to keep it and the principal signatory

  1. Appointment of Auditors

Specify the process for appointing auditors to ensure regular and independent financial audits.

Article 11: Appointment of Auditors

  • Specify

  1. Amendment of Constitution

Describe the procedure for amending the constitution to allow for necessary changes as the organization evolves.

Article 12: Amendment of Constitution

  • Describe

  1. Special Clause

Include any special clauses regarding the application of income and property to ensure compliance with legal and ethical standards.

Article 13: Special Clause

This clause is one of the most important parts of the constitution to CAC. Getting the words right matters a lot

  • It  should relate the organization with its objectives
  • It should specify transfer method in case of dissolution.

Conclusion

Creating a comprehensive and clear constitution is essential and mandatory for the effective registration of your church, mosque, or NGO with CAC. It sets the foundation for governance and ensures that all members understand the organization’s principles and procedures. If got right, CAC will keep querying the registration until it is got right.

 

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Frequently Asked Questions on How to Write a Constitution for CAC Registration

 

1. Why do we need to include the organizational letterhead in the constitution?

  • Including the organizational letterhead in the constitution provides formal identification and credibility, ensuring that the document is recognized as official.

2. What is the purpose of the preamble in the constitution?

  • The preamble sets the tone for the constitution by outlining the organization’s purpose and guiding principles, providing a context for the rules and structures detailed in the document.

3. How should we state our organization’s name and address in the constitution?

  • Clearly and explicitly state the organization’s name and official address in the first two articles to ensure proper identification and communication.

4. What should be included in the aims and objectives section?

  • The aims and objectives should reflect the mission and vision of the organization, detailing the primary goals and purposes it seeks to achieve.

5. How do we determine the number and roles of trustees?

  • The number of trustees should be within a specified range (e.g., 2 to 15), and their roles, election process, and terms of office should be clearly outlined to ensure effective governance.

6. Why is it important to have a common seal and how should it be managed?

  • A common seal is crucial for validating official documents and used only under authorized circumstances, ensuring the authenticity of the organization’s documents.

More FAQs

7. What are the types of meetings that should be specified in the constitution?

  • The constitution should specify various meetings such as Board of Trustees Meetings, Executive Council Meetings etc including their frequency and quorum requirements.

8. Who should be part of the governing body and what are their responsibilities?

  • The governing body should include principal officers like the Trustee Chairman and Secretary, responsible for overseeing the organization’s operations and ensuring adherence to its principles.

9. What are acceptable sources of income for the organization?

  • Acceptable sources of income include donations, etc. which should be clearly identified in the constitution to maintain financial transparency.

10. How should funds be managed and allocated according to the constitution?

  • Funds should be managed and allocated in line with the organization’s aims and objectives, requiring approval from the executive council and board of trustees to ensure accountability.

 

Get a pre-made CONSTITUTION TEMPLATE for registering your church, mosque, or NGO with CAC.

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