Establishment of NGOs
From a legal point of view, NGOs (also known as non-governmental organizations or non-profit organizations) are legal entities set up by natural or legal persons with the purpose of carrying out activities of general or local interest or in their non-patrimonial interest . The NGO does not carry out economic activities and does not have the purpose of generating profit, not having a lucrative purpose.
NGOs thus promote values within society. They may have income (may be partially or totally financed by the state), but they can not come and work independently of the government.
In Romania NGOs can be organized as associations, foundations, and federations.
According to the legal provisions in the matter, the association is constituted by three or more persons, on the basis of a cartel which contributes from a material point of view – without having the right to restitution – as well as through their knowledge or contribution to work, in the purpose of carrying out activities of general interest, activities in the interest of a collectivity or in their personal non-patrimonial interest.
The foundation, on the other hand, is established by one or more persons constituting a patrimony assigned to the pursuit of an aim of general interest or a community, based on a legal act between the living or the cause of death.
Federations represent a set of associations or foundations in which they can form.
Associations and foundations acquire legal personality by registering in the Register of Associations and Foundations at the Registry of the Court in whose constituency is located. This is also the place where the dossier is filed, which must include the following documents:
- Proof of reservation of the name – is obtained by filing an application for granting the name’s availability to the Ministry of Justice;
- Identity cards of founding members;
- The constitutive act and the statute – according to the Ordinance no. 26/2000, they must contain specific information, the sanction of non-fulfillment of this condition being absolute nullity; the establishment of the constitutive act and the statute, in a genuine form, is an essential condition for the acquisition of the legal personality by the association or foundation;
- Proof of the headquarters – as the difficulty of finding a registered office is known, law office “Alina Szilaghi” provide you with locations to establish your registered office based on a legal assistance agreement with our company;
- Proof of the original patrimony – one of the most important things you need to know about the patrimony of an NGO. If you want to set up an NGO in the form of an association, it is useful to know that the initial patrimonial asset of the association cannot be less than the amount of a minimum gross salary in the economy at the time of its constitution.
As far as the foundation is concerned, the minimum threshold to be met by its original heritage is the value of at least 100 gross minimum wages in the economy.
Agreement of the owners’ association, if applicable;
The tax record of the founding members – the tax record is obtained by filing an application and is issued by the Ministry of Finance through the Public Finance Administration, which is the home of each founding member.
You will also need a tax registration certificate for the purpose of conducting any financial transactions by submitting a file to the Public Finance Administration.
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