Establishment of Association or Foundation
The association is the subject of law constituted by three or more persons who, on the basis of an agreement, share and without the right to restitution their material contribution, knowledge or contribution to work for the performance of activities in the general interest, collectivities or, after case, in their personal non-patrimonial interest.
The Foundation is the subject of law established by one or more persons who, on the basis of a legal act between the living or for the cause of death, constitutes a patrimony permanently and irrevocably affected by the pursuit of general interest or, as the case may be.
The arrangements for the establishment of associations and foundations are governed by Ordinance on associations and foundations.
The name reservation for both the association and the foundation is obtained from the Ministry of Justice and is valid for 3 months. The reservation fee for the association or foundation is 36 lei.
There are notable differences between the two types of institutions.
For the case of the association, we speak of a minimum of three founding members, which does not apply to a foundation.
The association requires a minimal patrimonial level of a minimum gross salary in the economy, but the foundation has it at one hundred gross minimum wages.
In the case of the association, the deliberative body that assures leadership is the General Assembly, while for the foundation we talk about the Board of Directors.
The application for registration of the association or foundation in the Register of Associations and Foundations must be accompanied by a constitutive document and statute, supporting evidence of the headquarters and original patrimony, proof of the availability of the name issued by the Ministry of Justice, or, as the case may be, its motivated refusal.
The Constitutive Act and the Statute of an association or foundation shall be concluded in an authentic or attested by the lawyer.
In case a foundation, an association or an NGO is set up in Romania, the file is filed with the court in whose territorial district the association’s headquarters are located.
Within 3 days of the filing of the application and the documents, the judge appointed by the president of the court verifies their legality and orders, by closing, the registration of the association in the Register of Associations and Foundations.
The association and the foundation acquire legal personality by registering in the Register of Associations and Foundations at the Registry of the Court in whose territorial jurisdiction they are based.
Once the enrollment has been made, the closing of the registration is communicated ex officio for fiscal records to the local financial authority in whose territorial jurisdiction the association’s headquarters are located, indicating the registration number in the Register of Associations and Foundations.
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