Attorney at LawDavid EmiliaPartner — SCP Peticaru, David & Asociații

Association / foundation formation

Setting up an association or foundation (NGO) is the procedure by which a non-profit organisation is established, intended to carry out activities of general or community interest or for the benefit of collectivities or persons. The procedure involves drafting the constitutive documents and registering the organisation in the Register of Associations and Foundations, in order to acquire legal personality.

The procedure for setting up an association or foundation includes choosing the legal form, verifying and reserving the name with the Ministry of Justice, drafting and attesting the by-laws and the constitutive act, establishing the initial assets, preparing the application for registration and preparing the documentation necessary for registration.

Before submitting the application file, the purpose of the organisation, the registered office, the structure of the management bodies, the initial assets and the operating rules must be established. The documentation must be adapted to the objectives pursued by the founding members and to the requirements provided for by the applicable legislation.

Although setting up an NGO is an administrative procedure, the by-laws and the constitutive act establish the way the organisation is organised and operates in the long term. Incomplete or improperly drafted documentation may lead to delays or to a request from the competent court to supplement the file.

An association or foundation that is correctly formed provides the organisation with a stable legal framework, facilitates the conduct of its activity and creates the conditions for developing the projects for which it was set up.

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