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Acquisition of Legal Personality and Registration

Examples of Good Practices

  • Swiss Civil Code

    Article 60

    A. Constitution

    I. Organisation corporative

       1. Les associations politiques, religieuses, scientifiques, artistiques, de bienfaisance, de récréation ou autres qui n’ont pas un but économique acquièrent la personnalité dès qu’elles expriment dans leurs statuts la volonté d’être organisées corporativement.
       2. Les statuts sont rédigés par écrit et contiennent les dispositions nécessaires sur le but, les ressources et l’organisation de l’association.

  • Serbian Law on Associations 2009

    Article 31. Decision on Entering to Register

    Entering into the Register shall be completed in 30 days starting from the date of regular receipt of the registration form.
    Entering into the Register shall be ratified by the Final decision and it may be subject to administrative dispute.
    If the decision fails to pass in terms as referred to under paragraph 1 of this Article, it will be considered that the Association has been entered into the Register on the first day of expiration of the specified period.

  • Law on Associations (Official Gazette of the Republic of Croatia, No. 88 of October 11, 2001)

    Article 16 - Procedure upon the application for the registration

    (1) The county office has a duty to make a decision on registration within 30 days from the date of application for the registration.
    (2) If the county office establishes that the statute of association is not in accordance with this Law, or if the required documents listed in Art. 15 par. 1 are not submitted, it shall notify the applicant by an act to that effect and shall set a period for compliance which cannot be shorter than 15 days nor longer than 30 days. There is no right to appeal against this act.
    (3) The decision on entry into the registry book of an association includes: name, seat and date of the entry, the registry number of the entry, basic aims of association’s activities, statement that the association acquires its legal personality upon registration and the names of legal representatives of the association.
    (4) An appeal against a decision on entry into the registry book of associations shall not postpone the execution of the decision.
    (5) The county office has a duty to send a copy of the decision on registration to the association, to the other county body with competence over the stated aims of the association, to the ministry competent for general administration and to the state body competent for supervision of public revenues.
    (6) A copy of the statute certified by the county office shall be sent to the association.

    Article 17 - Presumption of registration

    (1) If the county office fails to bring the decision within 30 days of the submitting of a complete application, registration shall be considered complete on the first day following the expiration of this period.
    (2) Provision of par. 1 of this Article does not apply in case of Art. 16 par. 2 of this Law.
    (3) In the case of par. 1 of this Article, the county office shall, upon the association request, within 8 days, issue an act, which shall be by its content identical to the decision as regulated in Art. 16 par. 3 of this Law.

    Article 18 - Rejection of registration

    Application for entry into registry book shall be rejected if the statutory goals and activities are prohibited in the Constitution or law or if the applicant does not comply with requirement formulated in Article 16 paragraph 2 of this Law.

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

    Article 12. State Registration of an Organization

    1. The state registration of an organization, as well as registration of changes and amendments to the charter of an organization, or state registration of a new charter and state registration of dissolution (suspension of activities) of an organization shall be carried out in a manner prescribed for registration of legal entities, taking into account specific stipulations of this law.
    2. For state registration, the organization shall submit the following documents to the state registration body:
       (1) An application for state registration of the organization;
       (2) The protocol of the organization's founders assembly, with the resolutions approving the charter of the organization; the election of authorized person from the organization and the decision to apply to the state registration body for state registration. Of these documents the resolution for applying to the state registration body shall be adopted not earlier than 60 calendar days from the date of handing over or delivering to the state registration body the documents mentioned in the Article hereof.
       (3) The founders', and if their number exceeds five, at least five of the founders' and the organizations' authorized persons' passport information: name, family name (at the will of the person also patronymic), date of birth (day, month and year), number and serial number of the passport, body which issued the passport, registration address, phone numbers and e-mail address
       (4) At least two copies of the charter.
       (5) Receipt of the duty paid for state registration.
    3.  Within 21 days upon receiving all requested documents and making an entry in the main register, the state registration body is obliged to consider the registration application and either register the organization or reject its registration. If not all the requested documents are submitted or if they are illegible, or contain faults not related to the main content, the state registration body shall notify the organization in written form within the period of seven calendar days. In this case the terms for considering the registration of the organization set forth by this article, shall be suspended but not for more than for 10 days.
    4. Application of an organization shall not be considered for state registration if the organization submits a statement of cancellation before the state registration body will make a decision regarding this.
    5. The state registration of an organization is rejected if the requirements set forth in this law are not fulfilled. Those include:
       (1) If the organization did not fix the faults or did not apply to the state registration body for canceling its application within 10 calendar days after being notified that not all documents were presented or that they were illegible or contained faults not related to the main content.
       (2) The name of the organization, short name (abbreviation) and the logos did not correspond to the requirements of Article 10 of this law.
       (3) The presented charter contravenes the RA Constitution and laws.
    6. In case of state registration of the organization the state registration body upon expiry of the term set for consideration of the application for state registration established in clause 3 of this law, shall send to the organization or give to its authorized person the certificate on state registration and all copies of the organization's charter approved by the state registration body except one, which shall be kept in the organization’s state registration files.
    7. Upon rejecting state registration, or removing registration from the agenda on the initiative of the organization, the state registration body, upon expiry of the term for state registration established in clause 3 of this law, should sent to the organization or return to its authorized person the receipt of the state duty for state registration and all the copies of the organization's charter, except one which shall be kept in the state organization's registration files. In case of rejection of registration, the state registration body shall notify the organization also in written form the grounds for rejecting state registration referring to corresponding legal norms.
    8. Upon expiry of the term set for consideration of the application for state registration established in clause 3, in cases when the registration of the organization is not carried out and neither the organization has been rejected to be registered, and when the application for state registration is not removed from the agenda on the initiative of the organization, the organization is considered to be registered, and the state registration body within one day shall send to the organization or give to its authorized person the certificate on state registration and all copies of the organization’s charter approved by the state registration body except one, which shall be kept in the organization's state registration files.
    9. After the organization's state registration was rejected or when the application for state registration was removed from the agenda on the initiative of the organization, the organization may apply for registration to the state registration body at any time according to the procedure prescribed by the Article hereof.
    10. The decision to reject the state registration of an organization may be appealed in the court.
    11.The argument between the founders regarding the process of creation of the organization shall be solved through the court. The court, prior to making a decision, may suspense the duration of the time set for consideration of the application for state registration in the state registration body.

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