Part I: Associations
Chapter I
Foundation of
Associations
Article 1:
For the purpose
of enforcing the provisions of the present law there shall be deemed as an association,
each group of an organization continuing for a definite or indefinite period, comprising
natural or judicial persons or both of them with a total of at least ten persons in all
cases, and oriented to a purpose other than material profit.
Article 2:
It is a
requirement for an association, to be founded that it shall have a written statute of its
own signed by all founders and to possess an appropriate headquarters in the Arab Republic
of Egypt.
Co-founders of an association shall, in no
case, comprise persons finally convicted to a criminal or freedom-restrictive penalty
under a misdemeanor of dishonorable or anti-fidelity conduct unless rehabilitated.
Non-Egyptians may hold the membership of
an association under the rules provided for in the executive regulations.
Article 3:
The statute of an association shall
include the following data:
1-Name of association, which should be
derived from its purpose in such a way as to avoid any confusion with any other
association operating in the same geographical jurisdiction.
2-Type, field of activity and geographical
jurisdiction of association.
3-Address of premises elected as a
headquarters of the association.
4-Name, surname, age, nationality,
vocation and place of residence of each of the founding members.
5-Resources and method of utilization and
disposal.
6-Representative bodies of the
association, terms of reference for each, method of reelecting, discharging and annually
or suspending member-ship as well as the quorum necessary for valid meetings and valid
resolutions.
7-System and conditions of membership and
rights and obligations of members, particularly each member's right to have access to the
association's documents, attend and cast vote on the general assembly.
8-Financial control system.
9-Rules of amending the association's
statutes and setting up branches, cases of termination and parties to which the
association's property will devolve in such cases.
10-A statement specifying the competent
person to apply for an association to acquire a public- benefit capacity.
11-A statement specifying the founders'
assembly representative authorized to conduct foundation procedures.
Attached to the executive regulations for
the present law there will be a model form of a statute, which may be followed by
associations.
Article 4:
In no case shall a statute of an
association may stipulate for its property to devolve, upon termination, to any party
other than NGO Assistance Fund or any other association or NGO or federations governed by
the provisions of this law.
Article 5:
An application for registering a summary
statement of an association's statute shall be submitted on the relevant form accompanied
with the following documents:
1- Two copies of statute both signed by
all founders.
2- A declaration by each of the founding
members, purporting that conditions set forth under Article 2 and data under item
"D" of Article 3 hereof are satisfied.
3- Occupancy receipt for the association's
premises.
The administrative body shall affix the
date of submitting registration application on a copy thereof to be delivered to applicant
and shall enter some on a special register.
The executive regulations of this law
shall define procedures for submitting application, duty payable for entering the
association's statute in a special register, up to a maximum of LE 100, the proceeds of
which shall be paid to the NGO Assistance Fund. A form of registration application
referred to shall be attached to the executive regulations.
Article 6:
The administrative body shall be under
obligation to enter a summary statement of the association's statute into the relevant
register within sixty days from the date of submission by the founder's assembly
representative of a registration application. Should sixty days elapse without being made,
registration shall be deemed effective under the law.
The association shall be judged to be a
judicial person by conducting such registration or by the lapse of sixty days from the day
the association representative has applied for registration, whichever earlier.
Should the administrative body realize,
within the sixty days referred to' that the association's purposes comprise an activity
prohibited under Article 11 hereof the body shall reject the registration application by a
decision to be notified to the representative of the founders' assembly by a registered
letter with acknowledgement of receipt within the aforementioned sixty days.
The representative of the founders'
assembly may challenge the decision before the competent court within sixty days effective
the date of notification in accordance with prescribed procedures.
The administrative body shall carry such
procedure as to have a summary statement of the association's statute published in the
Official Gazette (AI-Waqie Al-Misria) with sixty days from the date the association is
judged a judicial person.
Article 7:
There shall be set up within the
jurisdiction of each court of first instance one or more committee to be formed annually
under a decision by the Minister of Justice. Such committee shall be headed by at least a
counselor of the court of appeal to be nominated by the court's general assembly with the
following as members:
1- A representative of the administrative body nominated
by the minister of social affairs.
2- A representative of the regional
Federation nominated by the board of directors of the general federation. Such committee
shall comprise, as a member, a representative of the association to the dispute to be
nominated by its general assembly or board of directors.
The committee shall be concerned with the
considering disputes that may arise between the association and the administrative body.
The committee meeting shall be valid, only
with the presence of all its members. Its resolution shall be issued within sixty days
from the date of submitting dispute thereto, by majority of votes. In case of equal votes,
the chairman's shall be the casting vote. The executive regulations of the present law
show other rules and procedures for running business of the committee.
No action in respect of dispute shall be
accepted by the competent court unless resolution thereon
has been taken by the committee or the
period stipulated in the preceding paragraph has elapsed. Action shall be filed within
sixty days of the date of issuing the resolution according to relevant procedures of filey
cases.
Article 8:
Without
prejudice to paragraph 3, Article 6 of the present law, the administrative body may object
to whatever it deems as contradictory to the law in the statute of the association or as
regards the founders. However, this shall not preclude it from being obliged to enter the
association into the relevant register within the period set forth in Article 6 hereof.
Should it find any justification for
objection, the administrative body shall notify the association by registered mail with
acknowledgement of receipt, with reasons of such objection. Should the association fail to
eliminate causes of such objection within the period specified by the administrative body.
The dispute shall be submitted to the committee set forth in the preceding article.
When an action on objection is filed
before the competent court, following the issuance of the committee resolution, the
administrative body may request the competent court to urgently pass a judgment to
eliminate cause of contravention, while maintaining the association in operation or to
impose a temporary suspension on the activity of the association pending settlement of
subject of suit.
The administrative body shall annotate the
text of verdict opposite the relevant entry of the association in the special
register.
Article 9:
Any interested
party shall have the right to have access to the summary statement of the association's
statute and obtain a copy endorsed as true against payment of such duty as may be defined
by the executive regulations up to a maximum of LE 20; the proceeds to which shall be paid
to the NGO Assistance Fund.
Article 10:
In amending an institution's statute, the
same procedures set forth in this chapter as regards foundation. |