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Associations: 
The Legal Issues.

Voluntary Association From Wikipedia

A voluntary association or union (also sometimes called a voluntary organization, unincorporated association, or just an association) is a group of individuals who voluntarily enter into an agreement to form a body (or organization) to accomplish a purpose.

Strictly speaking in many jurisdictions no formalities are necessary to start an association. In some jurisdictions, there is a minimum for the number of persons starting an association. Some jurisdictions require that the association register with the police or other official body to inform the public of the association's existence. This is not necessarily a tool of political control but much more a way of protecting the economy from fraud. In many such jurisdictions, only a registered association is a juristic person whose membership is not responsible for the financial acts of the association. Any group of persons may, of course, work as an association but in such case, the persons making a transaction in the name of the association are all responsible for it.  


Legal Status: An unincorporated association has been defined as existing:

"...where two or more persons are bound together for one or more common purposes by mutual undertakings, each having mutual duties and obligations, in an organisation which has rules identifying in whom control of the organisation and its funds are vested, and which can be joined or left at will."[1]

In most countries, an unincorporated association does not have separate legal personality, and nor do members of the association usually enjoy limited liability. However, in some countries they are treated as having separate legal personality for tax purposes.[2] However, because of their lack of legal personality, legacies to unincorporated associations sometimes fall foul of the general common law prohibitions against purpose trusts.

Associations that are organized for profit or financial gain are usually called partnerships. A special kind of partnership is a co-operative which is usually founded on one man—one vote principle and distributes its profits according to the amount of goods produced or bought by the members. Associations may take the form of a non-profit organization or they may be not-for-profit corporations; this does not mean that the association cannot make benefits from its activity, but all the benefits must be reinvested. Most associations have some kind of document or documents that regulate the way in which the body meets and operates. Such an instrument is often called the organization's bylaws, regulations, or agreement of association.  


Civil law

In some civil law systems, an association is considered a special form of contract. In the Civil Code of Quebec this is a type of nominate contract. The association can be a body corporate, and can thus open a bank account, make contracts (rent premises, hire employees, take out an insurance policy), lodge a complaint etc.

In France, conventional associations are regulated by the Waldeck-Rousseau law of July 1, 1901 and are thus called Association loi 1901, except in Alsace and Moselle where the law of April 19, 1908 applies (these countries were German in 1901).

The Civil Code of Germany contains different regulations for registered non-profit and for-profit associations regarded as juristic persons ("Vereine", articles 21-79) on the one hand and for not necessarily registered associations by contract ("Gesellschaften", articles 705-740) on the other hand.

http://en.wikipedia.org/wiki/Unincorporated_association

We would like to hear your views. Please Post a Comment or send us an email.


More about Associations

  About Associations
The Answer to Political Corruption

  Associations: Vive la Difference
APP-Association
Schematic
You are here: >   Associations:  The Legal Issues


 

 

 

 

IMPORTANT NOTICES

Please Read First


The Primary Purpose of the APP Revolution is to introduce and Instigate a New Form of Democratic Government, 
based on 
Commonsense, 
Public Opinion & Associations
 
without Political Corruption, Governed by the people, for the people through Associations & Cooperative Organisations.


The Initial Objective of the APPP 
is to establish the 
AIPP (Association of Independent Political Parties & Associations
to jointly contest the next General Election on Friday 11 May 2012 to depose the
Corrupt, Chaotic, Con-Dem'ed, Cameron & Cronies Coalition
.
   

The Secondary Objective of the APP and this Website  is to Recruit 10-20 Million Private Members 
 at only £6 per annum


After you have registered you will be sent an email and URL for the APP Private Members Section.

Click Here to Register as a Private Member

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Internet v Press Media Challenge
With the advent of Wikileaks & Internet exposure, there is growing Public concern regarding the Press & Media's involvement and responsibility in reporting the 'Truth' as opposed to UK & US Government 'Lies'.

The APP is conducting a Poll through the Private Membership  Section, to determine the Public's Opinion and Preference for Internet or Press coverage of News Stories.

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