The 1966 Act said almost nothing about accounts. The 2023 Act makes proper books a duty of every committee member, and the thresholds it sets are tuned to the anti-money-laundering purpose in its long title.
Whose duty it is
Section 72(1) of the Associations Incorporation Act 2023 provides that “the committee members of an incorporated association must ensure that accounting records are kept and comply with Section 73”. The duty is on the committee members collectively, not on the treasurer alone; if they fail, “every committee member commits an offence”, punishable by a fine of up to K5,000 or three months’ imprisonment (section 72(3)). The section 46 defence of having taken all reasonable steps is available to a committee member who pressed for proper books and was ignored.
The standard the records must meet
The accounting records must (a) correctly record the association’s transactions; (b) at any time enable the association’s financial position to be determined with reasonable accuracy; and (c) enable the association’s financial statements, if required by the Act, to be readily and properly audited.
The test is functional. A cash book, receipt book, cheque butts, bank statements and an asset list, reconciled monthly, will meet it for a small club. A larger body will need accounting software. What will not meet it is a bank statement and a shoebox of receipts assembled after the year has ended.
What must be recorded
Section 73(2) requires, “without limiting” the general standard:
- Money received, “whether from sales of goods, provision of services, receipt of donations, membership dues, land rentals, royalties derived from the use of land or licences, receipt of grants, and any other source whatsoever”. Receipts must be recorded by source, because the annual report must separately state total donations, dues and grants (section 76(g) to (i)) and because the financial statement thresholds in section 78 turn on gross revenue, grants and donations.
- Large donors. For donations over K10,000 in value from a single donor in an accounting period, “the name, jurisdiction and contact information for the donor”. Anonymous large gifts are no longer permissible; the association must know and record who gave them.
- Money spent, and for transactions over K20,000, “details on the matters to which the money relates”: what was bought, from whom, and for what purpose.
- Assets and liabilities: land, buildings, vehicles, equipment, investments and cash on one side; loans, unpaid bills and obligations on the other.
The consents of committee members under section 23 and any statement by a removed auditor under section 83(4) must also be kept with the accounting records.
Retail cash sales
Section 73(3) relaxes the rule for an association that “sells goods or provides services for cash in the ordinary course of carrying on a retail business”: it need not keep an invoice for each transaction, and a daily record of total takings is sufficient. A canteen, a market stall or a church bookshop can therefore record daily totals rather than every sale.
Retention and location
Under section 72(2) each association “must keep accounting records for the current accounting period and for the last seven completed accounting periods”, at its principal place of business or its registered office. An accounting period is a year ending on the balance date, which is 31 December unless the committee adopts another date, and may be up to 15 months on incorporation or a change of date (section 3). Seven years matches the Registrar’s inspection powers under section 154, which extend to any document relating to the association or to money or property it has managed or held on trust, including documents held by its bank.
Why it matters beyond compliance
The accounting records are what the annual report is drawn from (section 76), what the financial statements are prepared from (section 79), what the auditor examines (section 82(5)(b) requires the auditor to report whether “proper accounting records” were kept), what members may ask about under section 86, and what the Registrar, the Financial Analysis and Supervision Unit and the police may obtain under sections 154 and 155. Falsifying them with intent to deceive is an offence under section 165 carrying up to K100,000 or two years; fraudulent application of association property under section 164 carries up to K50,000 or two years. For a committee member, good books are also the best evidence of having discharged the duty of care.
One bank account in the association’s name with two signatories; a numbered receipt book; a cash book recording every receipt by source and every payment by purpose; a donor register for gifts above K10,000; a file of invoices and, for any payment above K20,000, a note of the committee’s approval and what it was for; an asset register; a monthly bank reconciliation signed by two committee members; and a locked cabinet at the registered office holding seven years of it.
Sources
- Associations Incorporation Act 2023 — ss 3 (“accounting period”, “balance date”), 23(2), 46, 72, 73, 76, 78, 79, 82(5), 83(4), 86, 154, 155, 164, 165
Before relying on anything here, read the current text of the Associations Incorporation Act 2023 and check for later amendments. If a decision matters to you, get advice — start with the Office of the Public Solicitor, or find a firm in the law firms directory.