CONCEPT OF THE PUBLIC ASSOCIATIONS
Public Association is a nonprofit, independent of public authority’s organization, voluntarily formed by at least two individuals and / or legal persons (public associations), and united by common interests in order to realize the legitimate rights in accordance with the law.
Public associations are founded in order to realize and protect civic, economic, social and other legal rights and liberties; to develop activity and initiative of citizens, satisfy professional and amateur interests; to develop scientific, technical, artistic creative work; to protect health of the population, participate in the charitable activity; to draw into mass natural activity and sports; to carry out cultural and educational work with population; to protect nature, monuments of history and culture; patriotic and humanistic education; to widen international contacts, to strengthen peace and friendship between nations; to fulfill other activity which is not prohibited by Law.
CLASSIFICATION OF PUBLIC ASSOCIATIONS
On the territory of the Republic of Moldova there are republican, local and international public associations.
A republican public association is the one whose activity, in accordance with its charter goals, is spread upon the whole territory of the Republic or the major part of its districts, cities and municipals where it has representatives and organizational structures.
A local public association is the association which activates in one administrative – territorial element(piece).
An international public association is the association that activates on the whole territory of Moldova and also on the territory of one or several foreign countries and has its organizational structures in those countries.
In accordance with the law public associations are classified as social – useful associations and mutual associations.
Social – useful associations are the ones whose activity is spread exclusively over protection of human rights, education, propagation of knowledge, health protection, social help for the population, culture, art, amateur sports, liquidation of the consequences of catastrophes, protection of environment and other fields that have public – useful aspects.
Mutual associations are created for fulfilling private and corporation interests of its members.
Public associations may contribute to the public power authorities for the realization of important social goals and tasks.
FOUNDERS OF PUBLIC ASSOCIATIONS
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.
1) The founders of youth organizations must be natural persons -citizens at the age of 18, under the patronage of public associations.
2) 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.
3) When constituting the public associations as public organizations, the founders become members of these with respective rights and obligations established in the charter of public association.
MEMBERSHIP IN PUBLIC ASSOCIATIONS
1) Members 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.
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) Members (participants) of public associations can be citizens at the age of 18.
5) Members (participants) of youth public associations can be citizens who reached the age of 14.
6) Members (participants) of children’s public associations can be citizens, reached the age of 10.
7) Public associationsmay be part ofother public associations as collective members, if it is specified in the Charter of those associations.
8)Members of the public association can participate in the activities of the association on the basis of equality and in accordance with democratic principles.
REGISTRATION OF PUBLIC ASSOCIATIONS
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 and the appointment of the person, endowed with rights to represent the association in the process of registration.At this convention of public association or a general meeting shall take the following decisions:
About establishment of a public association,
About approval of the charter of public association,
About election (formation), the leading and supervisory-auditing bodies of public association.
To register a public association it is necessary apply to the Ministry of Justice of the Republic of Moldova, if it will be Republican or international or to local public administration authorities within the territories in which the union is created, if it will be local.
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:
1) application signed by all members of the governing body of the given public association with the address of residence of each of them;
2) two copies of the Charter of the public association;
3) 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, audit body and the appointment of the person, endowed with rights to represent the public association in the process of registration;
4) information about founders of the public associations
– for natural persons: surname, name, date of birth, place of residence, citizenship for each person and copies of the documents, which confirms their identity;
– for a juridical persons (public association): – copies of the certificate of registration of the public association; extracts from the minutes of the meeting of authority bodies when the decision about founders was made);
5) document the actual residence of the public association;
6) bank document confirming payment of the registration fee amounting to 90 lei.
All of the above documents shell submitted for state registration within one month from the date of constituent assembly.
The body that registers non-governmental organizations, in 30 days shall review the application of the NGO registration and decide whether to register a public organization and issue a registration certificate, or refuse to register the NGO and issue a written decision, which may be appealed in court order.
After the state registration of public associationits permanent governing body shall exercise the rights of a legal entity on behalf of the organization and performs its duties in accordance with the statute.
The above is intended to provide a brief guide only. It is essential that appropriate professional advice is obtained. Our office will be glad to assist you in this respect. Please do not hesitate to contact us.