Study-Unit Description

Study-Unit Description


CODE PBL3013

 
TITLE Law on Voluntary Organisations and Foundations

 
UM LEVEL 03 - Years 2, 3, 4 in Modular Undergraduate Course

 
MQF LEVEL 6

 
ECTS CREDITS 4

 
DEPARTMENT Public Law

 
DESCRIPTION The study-unit will primarily tackle Chapter 492, the Voluntary Organisations Act of the Laws of Malta and the Second Schedule of the Civil Code, Chapter 16 of the Civil Code, dealing with the law on foundations.

The study-unit will look at the set up of a voluntary organsiation, the requirements and qualifications for registration and privileges to which it would be entitled. The Commissioner's roles, duties and functions will also be discussed. The unit will also discuss aspects of appealing decisions to the Administrative Review Tribunal and dispute resolution concerning voluntary organisations, suspension and cancellation of activities as well as sanctions. It will also study the provisions in the Civil Code relating to foundations and compare and contrast the two legal institutes.

Study-unit Aims:

The aim of the study-unit is to present a clear definition and understanding of voluntary organisations and foundations according to the Voluntary Organisations Act and the Civil Code. Students will be taught to recognise and interpret the aims and ends of the Act and the Code and how this intertwines with the daily running of all voluntary organisations and foundations and their practice.

Learning Outcomes:

1. Knowledge & Understanding:

By the end of the study-unit the student will be able to:
- Familiarise themselves with the sector of the voluntary organisations and foundations from a legal perspective, their management, legal parameters and code of conduct;
- Compare and contrast the two legal institutes.

2. Skills:

By the end of the study-unit the student will be able to:
- Write a detailed assignment on a certain aspect of the law of voluntary organisations and,or foundations in Malta;
- Analyse the aims of the law, evaluate the implications arising from legislation and interpret and apply the provisions of the Voluntary Organisations Act and the Second Schedule of the Civil Code;
- Implement and give advice on applied aspects of voluntary organisations and foundations from a legal perspective.

Main Text/s and any supplementary readings:

Acts:
- The Second Schedule to the Civil Code, Cap. 16, Law of Malta.
- Public Collections Act.
- Voluntary Organisations Act, Cap. 492, Laws of Malta.

Legal Notices:
- Civil Code (Second Schedule)(Fees) Regulations, S.L. 16.07
- Civil Code (Second Schedule)(Notifications and Forms) Regulations, S.L. 16.08
- Civil Code (Second Schedule)(Existing Organisations) Regulations, S.L. 16.10
- Voluntary Organisations (Annual Returns and Annual Accounts) Regulations, S.L. 192.01
- Income Tax Exemption on Philanthropic Work Notice, S.L. 123.24
- Donations (National Heritage) Rules, S.L. 123.96
- Donations (Sports and Culture) Rules, S.L. 123.102
- Foundations (Income Tax) Regulations, S.L. 123.114.
- Code of Good Governance, Practice and Ethics for Administrators of Voluntary Organisations, Commissioner for Voluntary Organisations
- Notes to assist Voluntary Organisations in the application for enrolment in accordance with the Voluntary Organisations Act.

Annual Reports:
- Accessible through the Commissioner's website: http://msdc.gov.mt/en/vo_home/Pages/vo_home.aspx

 
STUDY-UNIT TYPE Lecture

 
METHOD OF ASSESSMENT
Assessment Component/s Sept. Asst Session Weighting
Assignment Yes 100%

 
LECTURER/S Max Ganado

 

 
The University makes every effort to ensure that the published Courses Plans, Programmes of Study and Study-Unit information are complete and up-to-date at the time of publication. The University reserves the right to make changes in case errors are detected after publication.
The availability of optional units may be subject to timetabling constraints.
Units not attracting a sufficient number of registrations may be withdrawn without notice.
It should be noted that all the information in the description above applies to study-units available during the academic year 2023/4. It may be subject to change in subsequent years.

https://www.um.edu.mt/course/studyunit