Law no 15 on the associations and the federations of associations

Law no 15 of 9 February 2022 on the associations and the federations of associations

CLOE
BY THE WILL OF THE PEOPLE
SOVEREIGN PRINCESS OF SANCRATOSIA

We Promulgate this present law, that the National Council adopted in its session of 8 February 2022;

Title I. Of the association

Chapter I. Of the convention of the association

Article 1.

The association is the convention by which two or more people decide to put in common permanently their activities or knowledge with a goal other than to share profits.

This convention, formalized by the statutes of the association, is regulated for its validity by the general principles of the rights applicable to contracts and obligations.

Article 2.

The statutes of the association must include the following:

1. its denomination, its object, its duration and its headquarters;

2. the conditions of admission, of resignation or of exclusion of members as well as the extent of voting rights;

3. the regulations regarding the composition, the convocation, of the deliberation method and of the powers of the deliberating organ formed by the general assembly of members;

4. the regulations regarding the composition, the functioning and the powers of the organ in charge of the administration;

5. the conditions of the modifications to the statutes;

6. the conditions of the voluntarily dissolution of the association as well as those of the liquidation and the devolution of its assets.

Article 3.

Under reservations of the dispositions at article 4, the statutes of the association must be conform to the following conditions:

1. the headquarters must be established in Sancratosia. It cannot be transfered out of the Principality;

2. the activities of the association must be generally exercised in Sancratosia, unless in reason of their nature they must necessarily be exercised outside of the Principality;

3. the general assembly of the members must be invested with the supreme powers and, at this effect, must elect the organ of the administration or approve the nominations in case of co-optation;

4. administrators must be of the age of majority and must enjoy their civil rights;

5. the majority of administrators must be residents of the Principality;

6. in the case of the dissolution of the association and no matter the methods of devolution of its assets, the members cannot be attributed any part of the goods of the association outside of the reclamation of the contributions.

Article 4.

The statutes can derogate to the dispositions of article 3 as follows:

1. in matters concerning the designation of the administrators by the general assembly when the association, by its object, is of nature to contribute to the prestige and the awareness of the Principality; this designation can be done by the Princess;

2. in matters concerning the residency of the administrators when the association, by its object, is of nature to contribute to the prestige and the awareness of the Principality and present, also, an international character;

3. in matters concerning the powers of the general assembly and the designation of the administrators when the association, by its object, is essentially opened to minors.

In these cases, the State Council is called for advice.

Chapter II. Of the formation of the association and of its legal personality

Article 5.

The associations are formed freely without prior authorisation or declaration. They enjoy of the moral personality and of the legal capacity from the moment they conform to the dispositions of article 7.

Article 6.

Is null and void the association whose object is contrary to the law, affects the independence or the institutions of the Principality, the fundamental freedoms and rights that are recognized, the public order, the national security or is sectarian in character.

Must be considered has having this character the association which pursuits activities having for purpose or consequence of creating, maintaining or exploiting psychological or physical subjection of the people participating in these activities.

Must be considered has affecting the national security any association which has for purpose or direct or indirect consequence to facilitate the commission of an act of terrorism, as defined by the Penal Code or to promote it, whatever the means used for that purpose.

Article 7.

Any association wishing to acquire the moral personality and the legal capacity foreseen by article 5 must be declared and made public.

The declaration is done to the Registry of Legal Entities. It mentions the denomination and the object of the association, its headquarters and the names and nationalities of the people who, under any title, are charged of its administration or its direction.

The declaration must conform to the dispositions of articles 2 and 3 for its publication. Any refusal of publication is motivated and notified to the applicant.

The association is made public by the publication of its declaration in the Jornal de Sancratosia.

The association acquire the moral personality and the legal capacity on the day after the publication of its declaration in the Jornal de Sancratosia.

Article 8.

The association declared and made public enjoys the capacity to realize all the acts of civil life under reservation of the following dispositions:

1. the association can only acquire property required for its activities;

2. it can only accept the dispositions by will made for its benefit, with the authorization of the Princess, issued by Sovereign Ordinance after the advice of the State Council.

Are null and void any acts done in violation of the dispositions in the present article.

Chapter III. Of the obligations of the administrators of the association

Article 9.

The president or, by default, an administrator, is obligated, in the following month, to declare to the Registry of Legal Entities:

1. Of any modification in its denomination, its object or the headquarters;

2. Of any modification in the composition of the organ of administration as well as within the functions of its members;

3. Of any acquisition or alienation of property;

4. Of any modification affecting the statutes other than those prescribed at paragraph 1;

5. Any decision of voluntarily dissolution of the association.

The modalities of the declaration are fixed by a Ministerial Decree.

Article 10.

Any modifications made to the statutes and the changes made within the administration of the association are transcribed in a registry held at the headquarters of every declared association.

Chapter IV. Of the dissolution of the association

Article 11.

When it pronounces the dissolution of the association, the general assembly of members designate one or many people charged of proceeding to the operations of liquidation.

If no liquidator is designated, the courts nominate one or many legal liquidators.

Article 12.

May be dissolved:

1. the association whose statutes are in contradiction with the present law;

2. the association null and void particularly in the cases foreseen in article 6;

3. the association which deploys an activity in contradiction with its object, in this case, the acts accomplished by the association outside of its social object are null and void;

4. the association whose object or activities are of nature to cause serious difficulties with a foreign government;

5. the association which is devoid of the necessary organs for its functioning for more than six months or which, for more than five years, have not engaged in any activity.

The dissolution entails, by full right, the immediate obligation to cease all activities and to liquidate the assets.

It is pronounced by the courts. If necessary, it appoints one or more legal liquidators.

Article 13.

In case of urgency, the Minister of State may proceed by a motivated decree to the dissolution of any association having for object, for activity or for effect to aiding or abetting the commission of crimes or offences or to cause serious difficulties with a foreign government.

Title II. Of the federation of associations

Article 14.

The federation of associations is the convention by which two or more associations duly declared and made public in the Principality or regularly constituted abroad, or an association duly declared and made public in the Principality and one or many physical persons decide to join together to organize the practice of an identical activity or related to their activity with a goal other than to share profits.

Article 15.

It is regulated by the dispositions of the present law which concerns it and those applicable to the associations. In addition to the declarations foreseen in articles 7, 10 and 11, it is obliged to make known to the Registry of Legal Entities the denomination, the object and the headquarters of the associations of which it is composed and to declare in the following month, to the Registry of Legal Entities, the denomination, the object and the headquarters of any new adhering association.

Article 16.

The federation is obliged to accept the adhesion of the association which, consenting to be regulated by the statutory principles of functioning, enters in its domain of activity. It ensures to it a sufficient representation. The modalities of affiliation are determined by a Ministerial Decree.

Any refusal of affiliation must be motivated.

Article 17.

The dispositions of article 9 are applicable to the federations of associations.

Title III. Final dispositions

Article 18.

An association or a federation of associations of foreign right cannot exercise in Sancratosia any activity except with exceptional administrative authorization delivered by the Minister of State for a duration that cannot be of more than one year. This authorization is renewable.

Article 19.

The present law is promulgated and executed as a law of the State.

The Government Council is responsible of its publication in the Jornal de Sancratosia.

Promulgated in Our Princely Palace in Sancratosia on nine February two thousand twenty-three.

Cloe