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Acquisition of Legal Personality and Registration

Challenges

The following problems regarding the acquisition of legal personality by non-governmental organisations exist:

  • the detailed information needed in some instances in order to secure registration or legal personality - where this is either required or desired - does not seem to correspond to any significant fiscal advantages that might provide an appropriate justification for the burden thereby imposed;
  • the time-frame for reaching decisions on registration or the grant of legal personality does not always have appropriate safeguards against prevarication and abuse;
  • not all the grounds recognised as the basis for refusing registration or the grant of legal personality seem to be drawn with sufficient precision or to be applied in a manner consistent with the right to freedom of association or the promotion of civil society;
  • some countries do not specify any grounds for refusing registration or the grant of legal personality and/or do not require such a decision to be reasoned;
  • there is undue delay in determining applications;
  • although independence may not be an essential quality for the body deciding on registration or the grant of legal personality, the scope for improper pressures seems evident in some cases
  • many of the problems arise from practice rather than the terms of the applicable law but shortcomings in giving effect to the latter do not seem to be being corrected through the exercise of judicial control.

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