For details, please contact the Registrar of NGO Board on: Email: info@ngoboard.mw, Phone: +265 111 770 011 / +265888858278
CONGOMA recognizes that there is an information gap in the general public on how one can go about starting a Malawian NGO/charitable organization in Malawi.
To this effect, the following are the main steps/procedures to follow if one wants to start and register a Malawian NGO in Malawi.
NGOs are in most case ideas of individuals or a group of individuals. What is required is for the initiator(s) to clearly conceptualize what they want to do and why they want to do it. Also in the conceptualization phase one needs to address the general framework of how his/her ideas would be put to practice or implemented.
After Conceptualization, formulate a Constitution of the NGO. You may ask for the input of a legal expert and colleagues. However, in general terms the Constitution should provide information at least on the following:
- Name of the NGO
- Description and use of Common Seal and Logo of the NGO (also see step # 4 below)
- Address of the NGO
- Mission (main purpose) of the NGO
- Vision (desired state of affairs in the development field of the NGO)
- Objectives of the NGO
- Board of trustees/Executive committee of the NGO including how many will they be; how will they be put into and out of office.
- Secretariat of the NGO and its functions
- Meetings and Quorums
- Management of Financial Resources
- Membership of the organization (if required): including who shall be eligible for membership; duties/roles rights and responsibilities of members, acceptance and dismissal of membership etc.
- Procedures for amendment of the Constitution including who shall amend the Constitution, what notice is required for an amendment, what majority of people should be allowed to amend the Constitution etc
- Dissolution. How will the NGO wind up should the need arise? Who should decide on a resolution to dissolve and by what majority?
What happens to the funds and assets after dissolution? Under Trustees Inc Act, any remaining funds and assets after settling of all debts of a dissolved Trust must be donated to any other organization with similar objectives, or donated to Government but can not be shared among Trustees, members of staff of the NGO or any individual.
When the draft Constitution is ready, identify the Trustees of the NGO. These should be people of high standing in society and who are interested in what you want to do. They should be from different professions depending on what you want to do and should be willing to work on a voluntary basis because they are not supposed to get a salary. Trustees are the legal custodians of the NGO/Trust. Discuss with them the constitution you have drafted and make changes if need be.
Also convene a formal meeting of the Trustees you have identified to endorse the Constitution and agree to register the NGO. You may have interim positions of the Board also filled at this meeting. Minutes of this meeting should be available. (This step number 3 should be done together with step number 4 below).
Your NGO should have a Logo and a Common Seal.
A logo is basically a symbol that identifies your NGO while a Common seal is an embossed stamp (different from a date stamp) with words like ‘Common seal of the registered Trustees of (name of NGO)’. The issue of Common Seal and logo should also be discussed with the identified members of the board of Trustees and agreed upon. The Common seal and Logo should be mentioned in the Constitution.
After your Constitution is ready and Trustees identified, register your NGO with The Registrar General (you may find their contact details in a Telephone Directory and enquire from them what they require for registration). In general terms they would require your Constitution, the names of the people in your Board of Trustees, a filled form/affidavit from them and payment of a fee, instrument of your common seal stamped on paper (or whatever they may advise you) among other requirements. Thereafter, the Registrar General submits the application to the Ministry of Justice for approval.
When you have a Certificate of Incorporation from Registrar General issued by Ministry of Justice, you are expected to apply to CONGOMA for Registration under the NGO Act. CONGOMA is a designated NGO coordinating body in Malawi. It has the functions to collectively represent the interests of NGOs, strengthen their capacity, advocate for a conducive environment, coordinate NGO work and assist NGOs to operate within the Amended NGO Act 2022.
To register with CONGOMA you are required to submit the following:
- 1. A filled CONGOMA Membership Application Form.(check in “downloads”)
2. A certified copy of the NGO’s constitution or a Governing instrument of the NGO.
3. A copy of minutes of the first meeting at which it was agreed to form an NGO
4. A copy of certificate of Registration with the Registrar General.
5. A brief concept Paper indicating brief background to the NGO, mission statement,
vision, values, districts where activities are being/will be implemented, sectors of
operation (e.g. health, education etc) and an outline of activities that the NGO has
implemented or intends to undertake in Malawi under each of the sectors.
6. Sworn-in Affidavits of Trustees and/or Directors giving their names, citizenship,
occupation and address.
7. Payment of a Processing Fee of MK 15,500 non-refundable.
8. A copy of the Trustees/Directors Declaration.
Remember that an NGO needs to register with CONGOMA to comply with the Amended
Act 2022. After registering with CONGOMA a local NGO pays an Annual Subscription
Fee of MK120, 750.00.
In addition, note that the registration requirements above are subject to review. You may
contact CONGOMA if you need more information or clarification.
After you register with CONGOMA a Malawian NGO pays an annual membership subscription determined by the CONGOMA Annual General Assembly from time to time.
The NGO Board of Malawi is responsible for monitoring activities of NGOs on behalf of Government under the NGO Act. It is therefore imperative that all NGOs register with the NGO Board if this responsibility is to be met. In registering with the NGO Board, the following requirements as per NGO Act should be fulfilled:
- A filled prescribed form (available on request)
- A constitution of the NGO
- Payment of registration fees (prescribed by the board)
- A plan of activities planned or intended to be carried out by the NGO,/lI.
- Memorandum of understating (MOU) or any other agreement with the Ministry or Ministries responsible for the activities to be undertaken by the NGO concerned
- Proof that the NGO is a member of CONGOMA A statement that the NGO will not engage in partisan politics
- A statement on the sources of funding of the NGO