Law of the Republic of Moldova on Public Associations
No 837 of 17.05.96
Monitorul Oficial al R.Moldova No 6/54 of 23.01.1997
Article 14. Foundation of public associations.
Foundation of Public Associations
(1) Public associations are founded on the initiative of their founders. The founders of public associations can be natural persons - citizens at the age of 18 and legal persons - public associations.
(2) Public associations are founded on the initiative of at least three people and
one or several juridical entities - public associations.
(3) The founders of youth organizations must be citizens at the age of 18, under the patronage of public associations, specified in part 1 of the present article.
(4) The founders of the public association can be also other public associations, when they are united, joined, divided or transformed.
(5) Legal persons, set up by the initiative or with the participation of state and its organs cannot be the founders of public associations.
(6) Foreign citizens and persons without citizenship, living permanently on the
territory of the Republic of Moldova can found public associations with equal reason with the citizens of the Republic of Moldova, if otherwise it is not specified by the legislation of the Republic of Moldova about separate types of public associations.
(7) When constituting the public associations as public organizations, the founders become members of these with respective rights and obligations. When constituting the public associations as other organizational - juridical forms, the rights and the obligations of the founders are established in the public associations` charters.
(8) Decisions about the foundation of a public association are made at conventions (conferences), general meetings of its organizing body, simultaneously with the ratification of its Charter and the election of the authority group and control-inspection organs.
Article 15. Membership in public associations.
(1) Members (participants) of public associations can be citizens of the Republic of Moldova, foreign citizens and persons without citizenship, if not stated otherwise in the legislation of the Republic of Moldova about separate types of public associations.
(2) Public associations can have fixed and unfixed membership. Public movements and public organizations do not have individual fixed membership.
(3) Members of public association are natural and juridical people that are
interested in the realization of the goals and tasks of the organization, which is registered through an individual appeal or other document.
(4) Participants of a public association are natural and juridical people that
agree and support the goals and the tasks of the association, participate in its activity not registering their participation through applications or other documents.
(5) Members (participants) of public associations can be citizens at the age of
(6) Members (participants) of youth public associations can be citizens who reached the age of 14.
(7) Members (participants) of children's public associations can be citizens, reached the age of 10.
(8) Legal persons can participate in public associations as collective members,
if it is specified in the Charter of those associations. Rights and obligations of individual members apply to them in public establishments and public organizations. Collective membership does not give rights and duties to members of the collective without their consent.
Article 16. Leaders of public associations.
Leaders of a public association, as well as , the members of control-inspection organs can be only citizens of the full legal age, living on the territory of the Republic of Moldova.
Article 17. Name and symbols of the public association.
(1) Public association can have its name, flags, emblems, pendants and other
symbols, which differs from the names, flags, emblems, pendants and other symbols of other legal persons, including those which were liquidated on the decision of the court or stopped their activity.
(2) The symbols of a public association have to be different from the official symbols of the state of Moldova and other states. It should also respect the intellectual property. The use of the official state crest on the stamps and the worksheets is prohibited.
(3) The name and the symbols of a public association cannot serve for the propaganda of goals and methods described in part (1) of the Chapter 4.
(4) A public association may use as its name somebody`s personal name only
with his or her approval. If the person is dead - on the basis of a notarized signed testament, if there is not one - with the approval of the person`s relatives. The public association decides by itself on this point only in the case when there are no relatives.
(5) The symbols of the public association are adopted by its leaders based on
the association`s Charter and is also supposed to be registered by the respective officials that register the public association.
Article 18. The Charter of a public association.
(1) The Charter of a public association must specify:
- organizational-legal form of the public association;
- name of the association;
- legal address of the association and territory, within the limits of which they perform their activity;
- goals and aims of the activity, methods of their achievement;
- terms and order of enrollment in members of the public association, secession from an organization in cases, when the association has fixed membership;
- rights and obligations of members (participants) of the public association (only for the association, envisaging membership);
- the structure of the public association, order of its foundation, its structure, competence and terms of power of its leaders and control-inspection organs, place of their destination);
- procedure of the adoption of the Charter, introducing changes and additions;
- sources, practice of formation and usage of property and other assets of the public association with simultaneous fixing of the amount of the membership fees, for the associations with fixed membership, organs, competent to make decisions about acquisition, distribution and alienation of property;
- practice and terms of the convocation of meetings, conferences, conventions;
- forms of the participation of the public association in public and state affairs;
- rules of formation, status, structure and methods of activity of primary organizations of public associations;
- basic parameters of the financial report and the methods of its presentation;
- procedure of reorganization and termination of the activity of the public association.
(2) The Charter of the public association can contain the description of the symbols of the association.
(3) The Charter of the public association can envisage other provisions, referring to the activity of the public association, which do not contradict the legislation in force.
Article 19. Registration of the Charter of the public association.
(1) The Charter of the public association is to be registered at a authorized state body. The public association has the right to not register the Charter.
(2) Legal competence of the public association as a legal person arises from the
moment of the registration of the Charter of the given association by the authorized state body. The public association that did not register its Charter do not have the legal capacity of the legal entity and represents an informal association of individuals, that do not subordinate to the provisions of this Law.
(3) Registration of the Charters of local, republican and international public associations is implemented by the Ministry of Justice.
(4) Registration of local public associations is made by the local officials in the
area of their residence.
(5) For the registration of the Charter of the public association within a month since the date of its foundation the following papers must be presented to the registration state body and the list of these papers cannot be enlarged:
- application signed by all members of the governing body of the given public association with the address of residence of each of them;
- two copies of the Charter of the public association;
- copy of the minute of the constituent convention (conference) or a general meeting, which adopted the Charter of the public association - two copies. The minute has to contain information about the association`s foundation, about the adaptation of its Charter and also about elections of its leaders;
- information about founders of the public associations (for natural persons - surname, name, date of birth, place of residence, citizenship; for a public association - copies of the certificate of registration of the public association; for unions (associations) of public associations - extracts from the minutes of the meeting of authority bodies when the decision about founders was made);
- application of persons mentioned in part (4), Article 17 of the present Law about their agreement to use personal name of a citizen in the name of the public association;
- decision of the highest organ of the public association on authorization of the members of the governing body of the association to represent public association in the process of registration;
- document the actual residence of the public association;
- bank document confirming payment of the registration fee.
(6) While the registration state body is solving the problem of registration the presence of the chairman or powerful representative of the leading or executive body of the public association is obligatory.
(7) Changes and additions to the Charter of the public association are to be registered in the same order and in time when was registered the Charter of the public association. When registering changes and additions to the Charter no fee is paid if changes are caused by the changes of the legislation in force..
(8) Registration of the Charter of the local department, branch of the public association is implemented by the local public administration body on the basis of the presented papers of the local department, branch of the public association, mentioned in part five of the present article, certified by the central governing body of the public association, as well as copies of the certificate about state registration of the Charter of the mentioned public association.
(9) For the registration of the Chapter of a public association, changes and
additions to it, a fee in amount of three minimal salaries has to be paid based on the present legislation. For using in the name of the association the name of the state `Moldova` or `Republic of Moldova`, as well names of regions and districts, no additional fee is to be taken.
Article 20. The decision about the registration of a public association.
Registration state body is obliged to make one of the following decisions within a month: either register the Charter of the public association and issue the founders a certificate of state registration, or postpone the registration of the public association, or to reject registration of the Charter of the public association.
Article 21. Certificate about the registration of the Charter.
(1) The document certifying the registration of the Charter of a public association is the certificate about state registration, which is implemented in three days after the decision to register the association, has been made. The form of the certificate is approved by the Government.
(2) Registration of the Charter of the youth and children's public association and issue of the certificate about state registration can be implemented only in case of the election in governing board of the mentioned public associations persons, who reached a full legal age of 18.
Article 22. The postponement of the registration of a public association.
Registration can be postponed up to the period of three months if the order of the foundation of the public association, envisaged by the present Law is broken. Reasons of the postponement of the registration of public association are to be mentioned in the decision about the delay in registration. The public association has to be aware about this decision within three days from its adaptation.
Article 23. The refusal to register the Charter of a public association.
(1) The refusal to register the Charter of a public association is possible in the following exceptional cases:
- if the Charter of the public association contradicts the Constitution of the Republic of Moldova, the present Law and other legislative acts of the Republic of Moldova;
- if requirements, mentioned in the decision about the delay in registration are not fulfilled within a three-month period;
- if the Charter of the public association with the same name was registered before;
- if the application about registration of the Charter of public association was presented before the expiration of the year since the date of the coming into legal force the decision of the court about the termination of the activity of the mentioned public association;
- if the registration body has found out uncertain information in the constituent papers presented for registration;
- if the name of the public association insults morals, national and religious feelings of citizens.
(2) Refusal to register public association on the motives of its impracticability of its foundation or because the juridical address of it is found to be the address of a member of the association is not allowed.
(3) In case of the refusal in registration of the public association its board is informed about it in written form within the terms specified for registration with the mentioning of the reasons of the refusal and violated legal norms.
(4) Refusal in registration of the Charter of the public association is not an obstruction for the repeated presentation of papers for registration.
(5) The examination of the repeated application to state registration body and the adoption of respecting decision are made on the general basis in the method provided by present Law, paying the registration fee.
Article 24. Appealing against the refusal to register a public association.
Refusal in registration of the public association on a due date on motives, which the founders of the public association do not consider as reasonable can be appealed judicially within one month from the date of taking this decision. Consideration of complaints is implemented in the order envisaged by civil procedure laws.
Article 25. State register of public associations.
(1) Ministry of justice of the Republic of Moldova keeps the State register of public associations.
(2) Local public officials are handling the register of local public associations. Registration data are transferred to the Ministry of Justice of the Republic of Moldova within ten days since registration. An obligatory record of primary joints of republican and international public associations is also kept by their respective local public administration bodies.
(3) State register of public associations is to be published without fail in official mass media of the Republic of Moldova till the end of the second quarter of each calendar year according to the information of the last calendar year.
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