ANGUILLA

A BILL FOR

ANGUILLA FOUNDATION (AMENDMENT) ACT, 2026

Published by Authority Anguilla Anguilla Foundation (Amendment) Act, 2026 BILL

ANGUILLA FOUNDATION (AMENDMENT) ACT, 2026

TABLE OF CONTENTS

SECTION

1. Interpretation

2. Amendment to section 38

3. Amendment to section 39

4. Citation Anguilla Anguilla Foundation (Amendment) Act, 2026 BILL

I Assent

___________________

Julia Crouch, OBE

Governor

________________

Date

ANGUILLA

NO. /2026

A BILL FOR

ANGUILLA FOUNDATION (AMENDMENT) ACT, 2026

[Gazette Dated: 2026] [Commencement: Assent under section 57 of the Constitution]

An Act to provide for the replacement of criminal offences with civil penalties for certain breaches

under the Anguilla Foundation Act.

ENACTED by the Legislature of Anguilla

Interpretation

1. In this Act, “principal” Act means the Anguilla Foundation Act, R.S.A. c. A62.

Amendment to section 38

2. Section 38 of the principal Act is amended by deleting subsection (3) and substituting the

following—

“(3) Where—

(a) a foundation fails to comply with this section, the Registrar shall order that

foundation to pay to the Registrar a civil penalty of up to $1,000;

(b) a foundation fails to comply with subsection (1), any Council Member who

knowingly authorised, permitted, or acquiesced in the failure commits a

contravention and the Registrar may order that officer to pay a civil penalty of up

to $1,000.”. Anguilla Anguilla Foundation (Amendment) Act, 2026 BILL

Amendment to section 39

3. Section 39 of the principal Act is amended by deleting subsection (7) and substituting the

following—

(7) Where—

(a) a foundation fails to comply with subsections (5) or (6) the Registrar shall order

that foundation to pay to the Registrar a civil penalty of up to $1,000;

(b) a foundation fails to comply with subsections (5) or (6), any Council Member who

knowingly authorised, permitted, or acquiesced in the failure commits a

contravention and the Registrar may order that officer to pay a civil penalty of up

to $1,000.”.

Citation

4. This Act may be cited as the Anguilla Foundation (Amendment) Act, 2026.

Tara K. Carter

Speaker

Passed by the House of Assembly this day of , 2026.

Lenox J. Proctor

Clerk of the House of Assembly

____________ Anguilla Anguilla Foundation (Amendment) Act, 2026 BILL

OBJECTS AND REASONS

(The objects and reasons do not form part of the Bill)

The Bill amends the Anguilla Foundation Act to introduce civil penalties for specified

failures relating to the keeping and maintenance of proper accounts and records. The Bill

replaces criminal sanctions in those areas with an administrative civil penalty regime to be

applied by the Registrar. It also seeks to improve compliance with the statutory obligations

applicable to foundations and to persons responsible for their administration, while

providing a more proportionate and efficient enforcement mechanism for non-compliance.

Proper accounting records and related documentation are central to the transparency,

administration and regulatory oversight of foundations, and the Bill seeks to reinforce those

obligations through civil enforcement measures. These amendments intend to support

sound governance, facilitate effective regulatory supervision, and promote compliance

without the need to depend on criminal prosecution for administrative breaches.