A non-profit association is the subject of law constituted by three or more persons who, on the basis of an agreement, share and without the right to restitution their material contribution, knowledge or contribution to work for carrying out activities in the general interest, of certain communities or, after case, in their personal non-patrimonial interest.
Ordinance no. 26/2000 on associations and foundations regulates the modalities of acquiring the legal personality and functioning of the two.
The association acquires legal personality by registering in the Register of associations and foundations located at the registry of the court in whose territorial district it has its headquarters.
In order to acquire legal personality, the associate members conclude the constitutive act and the statute of the association, which is mandatory to be certified by a lawyer or by a public notary.
The constitutive act establishes the decision of the founders regarding the founding of the Association and designates the structure of the management department, and the Statute defines the objectives of the Association, the patrimony, the headquarters, the rights of the members, etc.
The structures of the association are:
a) the general assembly;
b) the board of directors;
c) the censor or, as the case may be, the commission of censors.
The general assembly is the governing structure, composed of all the members.
The Board of Directors ensures the execution of the decisions of the general assembly. It may also be composed of persons outside the association, up to a quarter of its composition.
If the number of associates is greater than 15, the appointment of a censor is mandatory. This may be a person from outside the association.
If the association is not obliged to appoint a censor, each of the members who is not a member of the board of directors may exercise the right of control.
For associations with more than 100 registered members, internal financial control is exercised by a commission of auditors.
Documents required for the acquisition of legal personality:
1. Proof of reservation of the name – issued by the Ministry of Justice,
2. Proof of premises – loan or rental contract and proof of ownership of the premises,
If the future headquarters of the association will be established in a block of flats, the consent of the owners’ association as well as the opinion of the directly affected neighbors are required.
3. Fiscal record sheets for members of the association / foundation,
4. Proof of the initial patrimony – minimum 200 lei for associations and 190,000 lei for foundations,
5. Articles of association – attested by a lawyer or authenticated by a notary (in the case of foundations),
6. Statute – attested by a lawyer or authenticated by a notary (in the case of foundations),
7. Declaration of beneficial owner,
8. Judicial stamp duty,
Within the procedure for verifying the legality of the application for registration and the above-mentioned documents, the judge appointed by the president of the court verifies compliance with legal provisions and orders, by reasoned decision, the registration of the association in the Register of associations and foundations.
Our law office offers the following services for the establishment of the association:
– obtaining proof of availability and reservation of the name,
– drafting and certifying the articles of association,
– drafting and certifying the statute of association,
– drafting the loan agreement / rental contract,
– payment of judicial stamp duties,
– completion of the registration application,
– setting up, submitting the association file and the association in front of the court of law,
– obtaining the Certificate of registration in the Register of Associations and Foundations from the court registry as well as the legalized conclusion.
For any other information, you can contact us HERE.
“Andreea Sersea” Law Office
Zefirului Street, No. 19, Sector 2, Bucharest, Romania
+40 0773 340 401