– Latvia –
– Idea of Associations and Foundations-
In keeping with Associations and Basis Regulation an affiliation is a voluntary union of individuals based to realize the purpose specified within the articles of affiliation, which shall not have a profit-making nature. A basis, additionally a fund, is an combination of property that has been put aside for the achievement of a purpose specified by the founder, which shall not have a profit-making nature. NGO get hold of the standing of a authorized individual in the meanwhile when it’s entered into the Register of Associations and Foundations.
An affiliation and a basis are liable to the extent of all its personal property. An affiliation just isn’t responsible for the obligations of a member. A member just isn’t responsible for the obligations of an affiliation. A basis just isn’t responsible for the obligations of a founder. A founder just isn’t responsible for the obligations of a basis.
The name of an affiliation and a basis shall not be opposite to regulatory enactments and good morals, i.e., the name of a navy body or the name of such organisation or group which has been recognised as felony or anti-constitutional, for instance, “Hitler, The Nazi and so on.” shall not be included therein, it shall not create a optimistic angle towards violence, and related.
The name of a basis shall comprise the phrase “basis” or “fund”. The name shall differ clearly and distinctly from different names of associations and foundations already registered or underneath software for registration within the Register of Associations and Foundations. Solely the letters of the Latin alphabet shall be used within the name of associations and foundations in Latvia. Deceptive info relating to the aim of actions, sort of actions and authorized kind shall not be included in a name. The name of an affiliation or a basis shall not coincide with the names of State or native authorities authorities (establishments), in addition to comprise deceptive info that the affiliation or basis is endowed with a public power.
Rights to Carry out Financial Exercise-
An affiliation and a basis have the appropriate to carry out financial exercise within the type of complementary exercise, which pertains to the upkeep and utilisation of its personal property, in addition to to carry out different financial exercise to realize the objectives of the affiliation or basis. The revenue of an affiliation or of a basis could also be utilised just for the achievement of the purpose specified within the articles of affiliation. Revenue obtained from financial exercise of an affiliation or a basis will not be divided among the many members of an affiliation or the founders of a basis. If an individual receives remuneration (consideration) for exercise in an affiliation or a basis this remuneration (consideration) shall be decided in accordance with the scope of the duties of the respective individual and the monetary scenario of the affiliation or basis. An affiliation and a basis, as a way to obtain the objectives laid down within the articles of affiliation, have the appropriate to carry out actions which aren’t in contradiction with regulation, particularly to distribute freely info relating to its personal actions, to ascertain its personal publications and different mass media, to organise conferences, avenue processions and pickets, in addition to to carry out different public actions.
An affiliation and a basis might apply to State and native authorities authorities in issues associated to the objectives of the actions of the respective affiliation or basis, in addition to to take care of the rights of its members or pursuits protected by regulation in a court docket.
Founding of an Affiliation-
Pure individuals and authorized individuals could also be founders of an affiliation, in addition to partnerships with authorized capability. The variety of founders will not be lower than two. As a way to discovered an affiliation, the founders shall take a call relating to the founding of the affiliation. The next info shall be indicated in a call relating to the founding of an affiliation:
1) the name of the affiliation;
2) the targets of the affiliation;
3) the given name, surname and personal id variety of the founders, however for a authorized individual and partnership – the name, registration quantity and authorized deal with;
4) the rights and obligations of the founders if the founders have agreed on such;
5) an authorisation (if such was given) for sure founders to signal the articles of affiliation and an software to the Register authority; and
6) different info that the founders deem mandatory. After the taking of the choice relating to the founding of an affiliation the founders shall approve the articles of affiliation of the affiliation, elect an government body of the affiliation (hereinafter – the chief board), which can be collegial or single-member and different our bodies if such have been supplied for within the articles of affiliation. A call relating to the founding of an affiliation shall be ready in writing and it shall be signed by the the entire founders of the affiliation. His or her authorised one that has participated within the taking of the choice might signal the choice on behalf of a founder. The authorisation in writing shall be connected to the choice. The articles of affiliation of an affiliation shall be ready in writing. The articles of affiliation shall specify – the name of the affiliation, the target of the affiliation, the interval of exercise of the affiliation (if an affiliation is being based for a sure time frame), preconditions for the coming into into and elimination from membership, the rights and duties of members, the procedures by which the rights and duties of a territorial or one other division (if such are established) could also be laid down, the procedures for the calling of a gathering of members and the taking of selections, the name of the chief body, the quantitative construction thereof, prescribing the rights of the members of the chief body to characterize the affiliation individually or collectively and the construction, procedures for election, competence, procedures for the taking of selections and phrases of workplace of audit establishments of financial and monetary exercise or the procedures for the appointing and phrases of workplace of a licensed auditor. The founders shall undergo the Register authority an software for the coming into of the affiliation into the Register. A founder who has acted on behalf of an affiliation earlier than the coming into of the affiliation into the Register shall be responsible for any obligations arising from this motion. If a number of founders have acted on behalf of an affiliation to be established, they shall be collectively liable. If a founder has not had the appropriate to behave on behalf of the affiliation, any obligations arising from such motion shall be transferred to the affiliation if the assembly of members definitively approves these obligations.
An affiliation shall consist a minimum of of two members, if the articles of affiliation don’t prescribe a higher variety of members. The founders get hold of the standing of a member of the affiliation upon the coming into of the affiliation into the Register. The manager board shall take a call relating to the admission of a member into the affiliation, if it isn’t in any other case supplied for within the articles of affiliation. If the chief board or different body (apart from a gathering of members), underneath the competence of which is the admission of members, takes a call relating to the refusal to confess a member, the individual wishing to develop into a member has the appropriate to demand a evaluation of the matter in accordance with the procedures prescribed within the articles of affiliation. Obligations for members are deemable solely in accordance with procedures supplied for within the articles of affiliation. A member might withdraw from an affiliation at anytime by submitting a notification in writing to the chief board of the affiliation if it isn’t stipulated within the articles of affiliation that such notification is submittable to a different administrative body.
– Administrative Our bodies of an Affiliation- The executive our bodies of an affiliation are the members’ assembly (common meeting) and the chief board. Different administrative our bodies could also be supplied for within the articles of affiliation, figuring out the procedures for the institution and the competence thereof. The members’ assembly is the supreme body of an affiliation. All members of an affiliation have the appropriate to take part in a members’ assembly. A member might take part in a members’ assembly additionally with the intermediation of a consultant, if it isn’t in any other case supplied for within the articles of affiliation of the affiliation. An authorisation to take part and vote at a members’ assembly shall be issued in writing. The competence of a members’ assembly shall embody – the making of amendments to the articles of affiliation, the election and recall of the chief board and audit establishments, if such rights aren’t granted to a different administrative body within the articles of affiliation, he taking of a call relating to the termination, continuation or reorganisation of the actions of the affiliation and different issues which underneath the Associations and Basis Regulation or the articles of affiliation are within the competence of a members’ assembly.
-Foundation for Termination of Actions of an Affiliation- The actions of an affiliation shall be terminated:
1) by choice of a gathering of the members;
2) upon commencing chapter procedures of the affiliation;
3) upon the diminishing of the variety of members to a single member or to a different quantity laid down within the articles of affiliation;
4) upon expiration of the time period laid down within the articles of affiliation (if the affiliation was established for a selected time frame);
5) by the adjudication of a court docket;
6) on one other foundation specified within the articles of affiliation.
The choice of a gathering of members relating to the termination of actions of an affiliation is taken if greater than one-half of the members current vote in favour thereof, until a better voting majority is supplied for within the articles of affiliation. If the variety of members diminishes to a single member or to a different quantity laid down within the articles of affiliation, in addition to if the time frame specified within the articles of affiliation for which an affiliation has been established expires, the chief board of the affiliation shall take a call relating to the termination of the actions of the affiliation.
-Reorganisation of Associations- An affiliation could also be reorganised by means of a merger or a division. Solely associations might take part within the technique of reorganisation. It could be supplied for within the articles of affiliation that reorganisation is or just isn’t allowed underneath sure preconditions.
An affiliation could also be merged with one other affiliation by means of the course of incorporation or merger. An incorporation is a course of by which an affiliation (the affiliation to be included) transfers all of its property to a different affiliation (the buying affiliation). A merger is a course of by which two or extra associations (the associations to be included) switch all of their property to an newly established affiliation (the buying affiliation). Within the case of a merger the affiliation to be included ceases to exist with out present process liquidation proceedings and obligations of the affiliation to be included switch to the buying affiliation. Members of the affiliation to be included develop into members of the buying affiliation. If two or extra already current associations take part in a technique of reorganisation, they shall enter right into a reorganisation settlement. The settlement shall be entered into in writing.
-Founding of Foundations- A basis could also be established by one or a number of individuals. If a basis has a number of founders, they shall implement their founders’ rights solely collectively. Individuals who’ve granted property to a basis after the making of the entry thereof into the Register shall not be thought-about to be founders. The standing of a founder just isn’t inheritable and it can’t be transferred to third individuals.
A basis shall be established on the idea of an individual’s choice relating to the founding of the muse or a final will and testomony. In establishing a basis for the needs of common good and charity on the idea of a will (testamentary basis), the provisions of the Latvian Civil Regulation. The executor, inheritor or trustee of a will shall exercise the rights of a founder, handle the property transferred to the muse to be established, in addition to carry out different actions till the appointment of the members of the chief board. The articles of affiliation of a basis shall specify NGO행복한가:
1) the name of the muse;
2) the purpose of the muse;
3) the procedures by which property is transferable to a basis;
4) the procedures for using the sources of the muse;
5) the interval of exercise of the muse (if a basis is being established for a specified time frame);
6) the procedures for distribution of the property of the muse in case of liquidation of the muse;
7) the procedures for the appointment and dismissal of members of the chief board and the time period of workplace thereof;
8) the procedures for the appointment and dismissal of members of different administrative our bodies (if such are supplied for) and the time period of workplace thereof;
9) the construction, procedures for election, competence, procedures for the taking of selections and phrases of workplace of the financial and monetary actions audit establishment, or the procedures for the appointment and phrases of workplace of a sworn auditor; and
10) procedures for the making of amendments to the articles of affiliation.
The vary of beneficiaries could also be prescribed within the articles of affiliation. In case of doubt an individual to whom monies from the property of a basis could also be disbursed in accordance with the articles of affiliation of the muse is taken into account as a beneficiary. A basis might not grant monies, present ensures, challenge promissory notes to or in any other case finance founders, members of the chief board and different administrative our bodies (if such have been established), in addition to different individuals who’ve an analogous financial curiosity, particularly spouses, kin and brothers-in-law, sisters-in-law, counting kinship as much as the second diploma and affinity as much as the primary diploma.
The executive body of a basis is the chief board. The formation of different administrative our bodies could also be supplied for within the articles of affiliation, prescribing the procedures for the institution and the competence thereof, in addition to the granting of management competence to different entities or our bodies thereof (hereinafter – different administrative our bodies). The manager board shall include a minimum of three government board members. If in accordance with the articles of affiliation of a basis one other administrative body has been established and is performing, which consists of a minimum of three members and the duties of which embody the supervision of the actions of the chief board, a single member could also be within the composition of the chief board. If the pursuits of a basis battle with the pursuits of any government board member or member of different administrative body, a partner, a relative or brother-in-law, sister-in-law thereof, counting kinship as much as the second diploma and affinity as much as the primary diploma, the matter shall be determined on the assembly of the body during which the member of the administrative body doesn’t have the appropriate to take part in a dialogue of the issues, in addition to she or he doesn’t have a proper to vote, and it shall be written into the minutes of the assembly of the executive body. The member of the executive body has an obligation to inform relating to these pursuits earlier than the assembly begins. The member of the executive body has an obligation to inform the executive body relating to these pursuits additionally after the assembly of the body.
The actions of a basis shall be terminated:
1) by the adjudication of a court docket,
2) upon expiry of the time interval (if a basis has been established for a specified time frame),
3) upon commencing chapter procedures of the muse,
— (The exercise of political events, spiritual organisations, commerce unions, skilled organisations and people associations that are autonomous entities of public regulation, in addition to public foundations (funds) shall be regulated by different legal guidelines.)