The New Regulations
The new regulations for Public Collections have come into force since the 7th January 2022.
In terms of regulations 3 and 4 of the Subsidiary Legislation, all enrolled and compliant Voluntary Organisations that perform public collections and fundraising activities either for a general or specific purpose, shall be registered with the Commissioner for Voluntary Organisations. The enrolment as a Voluntary Organisation with the Office of The Commissioner for Voluntary Organisations, ex-officio, provides the Voluntary Organisation with the benefit that legal public collections and any organised fundraising are permitted.
- The Voluntary Organisation is to hold a valid enrolled certificate as a Voluntary Organisation, with a valid VO Number.
- The Voluntary Organisation is to ensure that it is certified Compliant by the Commissioner of Voluntary Organisations, through the annual returns they submit.
- For each collection (door to door collection, via media, through telephone or any other electronic method), fund raising or otherwise, the generated income is to be declared within the Accounts Annual Return submitted to the Commissioner for Voluntary Organisations yearly.
- Voluntary Organisations (Administrators) are to ensure that any minors (below the age of 16) assisting/affecting public collections are to be accompanied by an adult or major person as stipulated also by the Civil Code of Malta.
- Collectors shall be in possession (wearing) a tag Issued by the Voluntary Organisation Itself. The tag shall include the name, surname, identity card/passport number and passport size photo of the collector. The tag is also to bear the VO Number of the Voluntary Organisation and contact number of the Voluntary Organisation and signed by one of the executive administrators of the organisation itself. The tag is to be valid for one (1) Year.
- Any sealed collection tins are to be issued by the Voluntary Organisation Itself. The seal may bear the name of the Voluntary Organisation or the name of the Office of the Commissioner for Voluntary Organisations.
- Compliant Voluntary Organisations are to ensure that collection tins are to be opened in front of two of their administrators. In this case the Commissioner for Voluntary Organisations reserves the right to delegate a representative to monitor opening of the collection tins.
- Upon any collections via envelopes posted within residences, the envelopes are to bear the name and VO number of the Voluntary Organisation, and date of collection.
- Collectors are not to cause any obstruction in any street or nuisance to passers-by and residents, whilst they are to assure that collectors are to hold 30 metres distance between themselves. They may not position themselves in the entrance of any shop, on a pedestrian crossing and 5 metres away from any ATM, market stall or street performers.
- In the event of collections, fundraising and/or donations exceeding €5000, from one donor during the same financial year, the Voluntary Organisation is to request the documentation of the source and the Commissioner of Voluntary Organisations shall have the discretion to evaluate such documentation.
- The Voluntary Organisations, affecting public collections/fundraising during events shall inform the public prior or during events and advertise regarding the same.
- When activities involve advertisement of photos/videos of children the consent of the parents or legal guardians are required, whilst Voluntary Organisations shall confirm with the Data Protection Act when obtaining, processing, and retaining data.
- A declaration form by the administrators of the Voluntary Organisation is to be signed by the two administrators certifying the correct method and amounts collected for any type of collection/fundraising.
All Voluntary Organisations are to ensure that they are within the legal parameters elicited above, for monitoring and transparencies’ procedure all events organised/planned are to be communicated to the Commissioner for Voluntary Organisations for record keeping in compliance with declarations within Annual Returns.
If you have any enquires you may send us an E-mail on firstname.lastname@example.org