A Comprehensive Guide to Incorporating NGOs in Uganda.

A Comprehensive Guide to Incorporating NGOs in Uganda

Incorporating a Non-Governmental Organization (NGO) in Uganda is a process governed by the Non-Governmental Organizations Act, Cap. 109. As a seasoned lawyer, I will provide a detailed, step-by-step guide on how to incorporate different types of NGOs in Uganda, including the requirements and fees payable.

Types of NGOs in Uganda

NGOs in Uganda are categorized into five types:

1. Indigenous NGOs
2. Regional NGOs
3. Continental NGOs
4. Foreign NGOs
5. International NGOs

Each category has specific requirements and fees for registration and operation.

General Registration Requirements

Regardless of the type, all NGOs must obtain both a Certificate of Registration as a Company and a Permit of Operation before commencing activities. The Certificate of Registration is issued once, while the Permit of Operation is valid for one to five years, depending on the organization's preference.

Indigenous NGOs

Indigenous NGOs are wholly controlled by Ugandan citizens. To register an Indigenous NGO, the following steps and documents are required:

1. Forms: Fill out Form A and Form D of the Non-Governmental Organizations Act, Cap. 109, signed by at least two founding members.
2. Request Letter: Write a letter to the Executive Director of the NGO Bureau requesting registration and a Permit to operate. The letter should detail the organization's objectives, area of operation, and the desired duration of the permit (up to five years).
3. Incorporation Certificate: Provide a certified copy of the Certificate of Incorporation from the Uganda Registration Services Bureau (URSB).
4. Work Plan and Budget: Submit an annual work plan and budget for the duration of the permit.
5. Governing Documents: Include the Memorandum and Articles of Association, constitution, or other governing documents, specifying dissolution procedures.
6. Governance Structure: Provide a chart showing the organization's governance structure.
7. Fees: Pay 100,000 (Uganda Shillings) as fees for a Certificate of Registration for an Indigenous Organization and Uganda Shillings 600,000 as fees for a Permit of Operation.
8. Funding Statement: Indicate the sources of funding for the organization’s activities.
9. Identification: Submit copies of valid identification documents (National ID or Passport) and passport-sized photographs of at least two founding members.
10. Resolution and Minutes: Provide a copy of the minutes, signed attendance list, and a resolution authorizing the organization to register with the NGO Bureau.
11. Staffing Statement: Comply with Section 45 of the NGO Act, 2016, regarding staffing.
12. Local Recommendations: Obtain recommendations from the District Non-Governmental Organizations Monitoring Committee (DNMC) and the responsible Ministry or Government Department.
13. Data Protection Office Certificate: Submit a copy of the certificate from the Data Protection Office within one month of obtaining the permit.

Regional NGOs

Regional NGOs are incorporated in one or more East African Community partner states and are partially or wholly controlled by citizens of these states. To register a Regional NGO, the following steps are required:

1. Forms: Fill out Form A (if incorporated in Uganda) or Form N (if incorporated outside Uganda but within the East African Community) and Form D, signed by at least two founding members.
2. Request Letter: Write a letter to the Executive Director of the NGO Bureau requesting registration and a Permit to operate, detailing objectives, area of operation, and the duration of the permit (up to five years).
3. Incorporation Certificate: Provide a certified copy of the Certificate of Incorporation from the URSB or the equivalent authority in the country of incorporation.
4. Work Plan and Budget: Submit an annual work plan and budget for the duration of the permit.
5. Governing Documents: Include the organization’s governing documents, specifying dissolution procedures.
6. Governance Structure: Provide a chart showing the organization's governance structure.
7. Fees: Pay the prescribed fees for the Certificate of Registration and Permit of Operation.
8. Funding Statement: Indicate the sources of funding for the organization’s activities.
9. Identification: Submit copies of valid identification documents and passport-sized photographs of at least two founding members.
10. Resolution and Minutes: Provide a copy of the minutes, signed attendance list, and a resolution authorizing the organization to register with the NGO Bureau.
11. Staffing Statement: Comply with Section 45 of the NGO Act, 2016.
12. Local Recommendations: Obtain recommendations from the DNMC and the responsible Ministry or Government Department.
13. Data Protection Office Certificate: Submit a copy of the certificate from the Data Protection Office within one month of obtaining the permit.

Continental NGOs

Continental NGOs are incorporated in African countries outside the East African Community. To register a Continental NGO, the following steps are required:

1. Forms: Fill out Form A (if incorporated in Uganda) or Form N (if incorporated outside the East African Community) and Form D, signed by at least two founding members.
2. Request Letter: Write a letter to the Executive Director of the NGO Bureau requesting registration and a Permit to operate, detailing objectives, area of operation, and the duration of the permit (up to five years).
3. Incorporation Certificate: Provide a certified copy of the Certificate of Incorporation from the URSB or the equivalent authority in the country of incorporation.
4. Work Plan and Budget: Submit an annual work plan and budget for the duration of the permit.
5. Good Conduct Certificates: Provide certificates of good conduct and curriculum vitae for at least two board members.
6. Governing Documents: Include the organization’s governing documents, specifying dissolution procedures.
7. Governance Structure: Provide a chart showing the organization's governance structure.
8. Fees: Pay the prescribed fees for the Certificate of Registration and Permit of Operation.
9. Funding Statement: Indicate the sources of funding for the organization’s activities.
10. Identification: Submit copies of valid identification documents and passport-sized photographs of at least two founding members.
11. Resolution and Minutes: Provide a copy of the minutes, signed attendance list, and a resolution authorizing the organization to register with the NGO Bureau.
12. Staffing Statement: Comply with Section 45 of the NGO Act, 2016.
13. Local Recommendations: Obtain recommendations from the DNMC, responsible Ministry or Government Department, Ministry of Foreign Affairs of Uganda, and the government or mission accredited to Uganda.
14. Data Protection Office Certificate: Submit a copy of the certificate from the Data Protection Office within one month of obtaining the permit.

Foreign NGOs

Foreign NGOs do not have original incorporation in any African country. To register a Foreign NGO, the following steps are required:

1. Forms: Fill out Form A and Form D, signed by at least two founding members.
2. Request Letter: Write a letter to the Executive Director of the NGO Bureau requesting registration and a Permit to operate, detailing objectives, area of operation, and the duration of the permit (up to five years).
3. Incorporation Certificate: Provide a certified copy of the Certificate of Incorporation from the URSB.
4. Work Plan and Budget: Submit an annual work plan and budget for the duration of the permit.
5. Governing Documents: Include the organization’s governing documents, specifying dissolution procedures.
6. Governance Structure: Provide a chart showing the organization's governance structure.
7. Fees: Pay the prescribed fees for the Certificate of Registration and Permit of Operation.
8. Funding Statement: Indicate the sources of funding for the organization’s activities.
9. Identification: Submit copies of valid identification documents and passport-sized photographs of at least two founding members.
10. Resolution and Minutes: Provide a copy of the minutes, signed attendance list, and a resolution authorizing the organization to register with the NGO Bureau.
11. Staffing Statement: Comply with Section 45 of the NGO Act, 2016.
12. Local Recommendations: Obtain recommendations from the DNMC and the responsible Ministry or Government Department.
13. Data Protection Office Certificate: Submit a copy of the certificate from the Data Protection Office within one month of obtaining the permit.

International NGOs

International NGOs are incorporated in countries outside Africa. To register an International NGO, the following steps are required:

1. Forms: Fill out Form A (if incorporated in Uganda) or Form N (if incorporated outside Africa) and Form D, signed by at least two founding members.
2. Request Letter: Write a letter to the Executive Director of the NGO Bureau requesting registration and a Permit to operate, detailing objectives, area of operation, and the duration of the permit (up to five years).
3. Incorporation Certificate: Provide a certified copy of the Certificate of Incorporation from the URSB or the equivalent authority in the country of incorporation.
4. Work Plan and Budget: Submit an annual work plan and budget for the duration of the permit.
5. Good Conduct Certificates: Provide certificates of good conduct and curriculum vitae for at least two board members.
6. Governing Documents: Include the organization’s governing documents, specifying dissolution procedures.
7. Governance Structure: Provide a chart showing the organization's governance structure.
8. Fees: Pay the prescribed fees for the Certificate of Registration and Permit of Operation.
9. Funding Statement: Indicate the sources of funding for the organization’s activities.
10. Identification: Submit copies of valid identification documents and passport-sized photographs of at least two founding members.
11. Resolution and Minutes: Provide a copy of the minutes, signed attendance list, and a resolution authorizing the organization to register with the NGO Bureau.

In conclusion, understanding the procedural and regulatory landscape of NGO incorporation in Uganda is crucial for any organization aiming to make a meaningful impact. By adhering to the requirements and ensuring compliance with the Non-Governmental Organizations Act, Cap. 109. NGOs can establish a solid legal foundation for their operations. This not only facilitates smooth and lawful functioning but also enhances the organization's credibility and ability to attract funding and support. The clear guidelines provided by the NGO Bureau help streamline the registration process, allowing NGOs to focus on their core missions and drive positive change in Ugandan society.

Author Wodenga Cyrus

Lawyer/ Attorney

WhatsApp: +256774219414

Email: wodengacyrus799@gmail.com