Associations and foundations

We support individuals and legal entities that pursue activities of general interest, in the interest of a community, or even in their interest as long as it is non-patrimonial in matters related to the establishment and operation of associations and foundations.

Drafting, attesting, or amending the Statutes.

Our team has extensive expertise in drafting, certifying, and amending the Articles of Association, the primary document in establishing and operating a non-profit entity.

Often, an association does not function to its full potential because its bylaws have been poorly drafted. For this reason, we help you to lay the foundations of your organization by drafting the statutes or to change the aspects that are not working by amending the existing ones in the application of the provisions of Government Ordinance no. 26/2000.

Among the most critical issues that need to be included in the Statute is the establishment of the categories of members and the rights they enjoy, the procedure for new members to join, the process for exclusion, and the precise determination of the powers of the governing bodies.

Taking legal steps and representation before the competent bodies to reserve and obtain the availability of the name.

We help you set up a non-profit entity, simplifying the start-up procedures and communication with the authorities.

There are some limitations in the law regarding the name of an NGO. The name of the association/foundation cannot be identical to that of another non-profit legal person, nor can it be confusingly similar to another. It is also forbidden to use confusing phrases in the name of the organization, such as ‘commission’, ‘inspectorate’, ‘authority’, ‘police’, or derivatives thereof.

Once the name has been chosen, taking these aspects into account, an application for reserving the name of the NGO must be made and submitted to the General Registry of the Ministry of Justice. The proof is received within five days and is valid for three months.

Representation in court to acquire legal personality and registration of the association/foundation in the Special Register.

The acquisition of legal personality after the entity has been entered into the Special Register is the element without which it will not be possible to carry out legal transactions on behalf of the organization.

The non-profit entity acquires legal personality by being entered in the Register of Associations and Foundations at the registry of the court in whose territorial district it has its seat. This procedure is approximately one month, depending to a large extent on the court’s deadline and the case’s subsequent progress.

The file for the establishment of an NGO will contain the following documents: proof of name reservation, identity documents, and tax records (tax certificate in the case of legal entities) of the founders, proof of the initial seat and assets, the memorandum and articles of association and, if applicable, the agreement of the owners’ association and neighbors.

14 days after the judgment, a request is submitted for a copy of the Civil Judgment to be issued and entered in the Register of Associations and Foundations.

Obtaining extracts from the special register, legalizations of final decisions.

We save you the red tape by taking the necessary steps on behalf of your organization to get extracts from the impressive record and certified copies of court decisions.

The establishment of the organization or a branch, the modification of its statute, the change of its registered office, and the procedures related to the dissolution of the association/foundation are all operations that are carried out only by their registration in the Register of Associations and Foundations held at the registry of the court in whose territorial district the legal entity has its registered office, based on the final court decision admitting them.

Whenever you need an extract from the special register or the legalization of a final decision concerning the organization, our team ensures that the necessary steps are taken to obtain them.

Legal advice and representation in case of dissolution of the association/foundation.

We provide consultancy and representation services in the necessary steps to conclude the activity of a non-governmental organization.

According to the provisions of Article 54 of Ordinance No 26/2000 on associations and foundations, the association is dissolved: by law, by a court or tribunal decision, or by a decision of the general assembly.

Dissolution can therefore be decided by the public meeting by a resolution. In addition to the obligatory elements that such an act must contain, such as the identification data of the legal person and of the signatories, the title, date, place, and legal basis on which it was adopted, the resolution of the general meeting adopting such a measure must also include the appointment of a liquidator (a natural or legal person, authorized under the law), the destination of the assets remaining after liquidation, and the authorization of a person to file the resolution with the court.

Our team provides advice and representation in dissolution proceedings, whatever the circumstances.