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Associations:
The Legal
Issues. |
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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.
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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.
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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
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More
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About
Associations:
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Answer to Political Corruption
Associations:
Vive la Difference
APP-Association
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The Legal Issues
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IMPORTANT NOTICES
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