Associations and foundations
The formation and amendment of an association or foundation (NGO) involve carrying out the procedures necessary for the setting up, organisation and operation of a non-profit organisation. Associations and foundations are used to carry out activities of general or community interest or for the benefit of certain categories of persons, and they are registered by a decision of the competent court.
The procedure for setting up an NGO or amending an association or foundation involves preparing the necessary documentation and completing the formalities provided for by law. Depending on the particular features of the organisation, this may include advice on choosing the legal form, drafting and attesting the by-laws and the constitutive act, preparing the applications and the other necessary documents, as well as representation in the registration or amendment procedure.
During the life of an organisation it may become necessary to make changes concerning its name, registered office, management bodies, by-laws, constitutive act or membership. These changes must be approved and registered in accordance with the legal provisions in order to take legal effect.
Although the procedure is an administrative one, incomplete or improperly drafted documentation may lead to delays or to a request from the court to supplement the file.
An association or foundation that is correctly formed or amended operates within a stable legal framework and has a solid legal basis for carrying out its activities and achieving its intended purpose.
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Frequently asked questions
What is the difference between an association and a foundation?
An association and a foundation are both non-profit legal persons, but they differ in the way they are set up and organised. An association is formed by at least two founding members who pursue a general, community or collective-interest purpose. A foundation is set up by allocating assets intended to serve a general or community-interest purpose and operates according to specific rules provided for by law. The choice of legal form depends on the objectives pursued and on the particular features of each project.
How long does it take to set up an association or foundation?
Where all the necessary information and documents are provided, the documentation can be prepared in the shortest possible time, so that the registration formalities are completed without delay. The duration of the procedure depends on the issuance of the certificate of name availability by the Ministry of Justice, on the time taken by the competent court to rule and on any requests to supplement the file, and it may therefore vary according to the particular features of each case.
What changes can be registered for an association or foundation?
After formation, the by-laws and the constitutive act, the registered office, the name, the management bodies, the assets, the members or other elements concerning the organisation and operation of the association or foundation may be amended. The changes are made in compliance with the legal provisions and, where applicable, by registering them in the Register of Associations and Foundations.
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