Legal Entity

 
Legal entity is granted to a non-profit making association by the Minister having justice in his portfolio. It is acquired on the signing date of the ministerial decree granting it which should take place and be communicated to the association’s representatives within six months from the application’s deposit date.

Conditions and documents required

Every association of persons applying for legal entity so as to constitute a non-profit making organization must before hand present its aims and plan of action to the Local Authority at the place it intends to settle, in order for it, to get the provisional agreement.

The application requesting the legal entity shall be addressed to the Minister having Justice in his portfolio within six month following the day the organization is provisionally grated permit by the local authorities of the area where the organization intends to have its headquarters, short of which it officially ceases to be valid.

The application must be filed with the following:
1. The original of the provisional agreement or proof that the period prescribed has expired;
2. The statutes making up the organization;
3. The nominative list of duly registered members;
4. A statement showing the duly registered member(s) who is(are) the legal representative(s) of the organization;
5. Minutes of the constituting meeting of the association with the signatures of the duly registered members;
6. A copy of the criminal record of all members point 4 here above;
7. Documents under points 2 to 5 are to be authenticated and presented each in four copies.

STATUTES

Statutes of a non-profit making organization mention the following :
 The name;
 The headquarters and complete address;
 The objective(s)for which the organization was formed;
 The area’s) of activity;
 The assets;
 The assets disposal in case of dissolution;
 The rules to be followed in modifying these statutes;
 The procedure to convene a General Assembly even in case of joint absence or unforeseen circumstances of one or several legal representative(s) and of one or several legal substitute(s);
 Modalities to gain or to loose membership.

More details are contained in Law N° 20/2000 of 26/07/2000 in Official Gazette, N° 7 of 1er April 2001.

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