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Formation

Examples of Good Practices

  • Law of the Republic of Armenia on Public Organizations (4 December 2001)

    Article 3. The Concept of Public Organization

    1. A public organization (hereafter referred to as organization) is a type of (not for profit) public association which does not pursue the purpose of gaining profit and redistributing this profit among its members, and into which (the organization), based on their common interests, in the manner prescribed by the law, physical persons, including RA citizens, foreign citizens and those without a citizenship, have joint for satisfying their non religious spiritual and non material other needs; for protecting their and other persons’ rights and interests; for providing material and non-material assistance to certain groups  and  for carrying out other activities for public benefit.

    Article 9. Foundation of Organization

    1. At least two founding physical persons (founders) shall conclude an agreement, which shall specify the procedures for joint actions prior to state registration of the organization and the conditions for handing over their properties to the organization.
    If the person who wants to found an organization is underage (up to 14) his/her legal representative shall sign the contract on his behalf. An underage person (from 14 to 18 years) who is not recognized, in the order prescribed by law, as a person with ability to act, shall sign the contract with the written consent of his/her legal representative.

    2. On demand of one of the founders the agreement on founding the organization may be notarized.

    3. The founders bear joint liabilities for the obligations related to the foundation of organization until the latter is legally registered.

    4. On the basis of the agreement on founding the organization the founders shall draw up a charter, which shall be submitted for approval to the founding assembly of the organization

    5. The assembly of the organization's founders may take place either in form of a general meeting or via telecommunication means, by drawing up the appropriate protocol or by exchanging documents, which clearly show that the document comes from the person who is mentioned in the document as the author. The founding assembly may be held in one or several sessions or stages, with no time limitations of the adjournments.

    6. The founding assembly along with the approval of the charter of the organization, shall also make a decision on applying to the state registration body dealing with legal entities (hereafter referred to as state registration body) with the aim of getting state registration, and it shall elect an authorized person from the organization. If the organization's charter stipulates bodies other than the supreme body, the founding assembly may elect the bodies that are to be formed exclusively by the organization's supreme body, or those bodies may be elected upon getting state registration, by the supreme body of the organization.

  • Law on Non-Commercial Organizations (Adopted 1 October 1999) [Kyrgyzstan]

    Article 6. The Legal Status and Organizational-Legal Forms of Non-Commercial Organizations

    A non-commercial organization shall obtain a status of a legal entity starting from the date of its state registration.
    A non-commercial organization can be created with or without registration as a legal entity in a form of a public association, foundation or institution.

  • Law on Associations, No. I-1231, 14 March 1996 (official translation) [Lithuania]

    Article 5. Establishment

    1. An association may be established on the initiative of legal and natural persons. The association shall consist of at least 3 members.
    2. The initiators of establishment of the association must convene a constituent assembly in which the persons (representatives authorised by them) who have expressed in writing their desire to be the members of the association which is being established shall have the right to vote. The constituent assembly shall adopt the decision concerning establishment of the association, its statutes and shall elect managing bodies.

    Article 6. The Statutes

    1. The statutes shall be a legal document which governs the activities of the association.
    2. The following must be stated in the statutes:
      1) the name of the association;
      2) the registered office (address ) of the association;
      3) the objectives functions and tasks of the association;
      4) the rights and duties of the association members;
      5) the procedure and conditions of admitting, withdrawal and expulsion of the members from the association;
      6) the procedure for forming the managing bodies, their competence, functions and responsibility, the procedure for removing of the elective managing bodies and their members, the procedure for the payment for work of the members of the elective managing bodies;
      7) the procedure for establishing and liquidating affiliates;
      8) the sources of the property and funds;
      9) control of financial activities;
      10) the procedure for amending and supplementing the statutes;
      11) duration of the activities of the association; and
      12) the procedure for reorganising and liquidating the association.
    3. The statutes may also contain other provisions which are in compliance with the law.

  • Law on Non-Governmental Organizations (Official Gazette of the Republic of Montenegro, no. 27 of July 29, 1999)

    Article 3 - Non-Governmental Foundation

    A non-governmental foundation (hereinafter: foundation) is a not-for-profit organization without members which can be established by a domestic or foreign person (hereinafter: persons), intended to manage certain property for the accomplishment of public benefit goals.
    A foundation may also be established by a will.

  • Law on Associations and Foundations (Published in the Official Gazette of the Republic of Srpska, No. 52 of October 17, 2001)

    Article 9

    The Establishment of an Association
    An association may be established by at least 3 natural or legal persons.
    An association shall be established by a founding act.
    An established association may acquire the status of a legal person by entering into the registry (principle of voluntary registration).

    Article 10

    The founding assembly of an association shall enact a founding act and the statute, and shall appoint the managing bodies.

    Article 11

    The founding act of an association shall contain:
      - The names, surnames and the addresses of the founders;
      - The name, seat and the address of an association;
      - The basic goals for which the association is established;
      - The name and surname of a person who is authorized to apply for registration of an association;
      - The signatures and citizens identification numbers, if the founders are citizens of the Republic of Srpska and Bosnia and Herzegovina.

    Article 12

    The statute of an association shall contain provisions regulating:
      - The name and seat of an association;
      - The goals and activities of an association;
      - The procedure for admission and expulsion of members;
      - The rights and responsibilities of the members of an association;
      - The bodies of an association, their power, manner of their election and dismissal, duration of terms, quorum and voting rules, including specific issues to be decided by a qualified majority,  the procedure of convening the assembly;
      - The manner in which financial report and report on activities are submitted;
      - The rules for acquisition and disposal of the association’s property, and organ competent to supervise the utilization of these resources;
      - The procedure for enacting  and amending of the statute; the body authorized to enact other general acts and the procedure for their enactment;
      - Form and content of association’s seal;
      - Rules on agency;
      - The conditions and procedures for merger, separation, transformation and dissolution of an association;
      - The procedure for distribution of the remaining property in case of dissolution of an association.
    The statute may contain other provisions that are not contrary to the provisions of this Law.

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