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FORUM OF YUGOSLAV NON-GOVERNMENTAL ORGANIZATIONS
M O D E L LAW ON NON-GOVERNMENTAL ORGANIZATIONS

    Team of experts:
    Dejan Janca,
    Ph. D. Dejan Šahovic,Lawyer
    Cedomir Radojkovic,Lawyer
    Živka Vasilevska, Lawyer

    Belgrade, November 2000

PRELIMINARY DRAFT - November 2000

M O D E L
LAW ON NON-GOVERNMENTAL ORGANIZATIONS

I - GENERAL PROVSIONS

Article 1

  1. This Act provides legal basis for the establishment, internal organization, registration and termination of non-governmental organizations, as well as for other issues relevant to free and voluntary association of citizens and legal persons.
  2. For the purpose of this Act, non-governmental organizations are non-governmental associations and non-governmental foundations.

Article 2

  1. For the purpose of this Act, non-governmental association (hereinafter: the association) is any form of voluntary coalition of several persons aimed at promotion and realization of mutual or public interests or objectives, while acquiring of profit is not its basic intent.
  2. For the purpose of this Act, non-governmental foundation (hereinafter: the foundation) is a legal person without membership established in order to manage specific property with the aim of realizing humanitarian or other public interests or objectives.

Article 3

  1. Provisions of this Act shall not apply to political parties, religious communities, trade union organizations, business associations, organizations and foundations founded by the State, as well as to non-governmental organizations established under a special law.

Article 4

  1. Non-governmental organization shall determine its objectives and activities independently, in accordance with the Constitution and law.
  2. Objectives and activities of a non-governmental organization shall not be directed at the violent overthrow of the Constitutional order, the violation of the territorial integrity of the FR Yugoslavia, the violation of the guaranteed rights and liberties of men and citizens and fostering of national, racial, religious and other forms of intolerance and hatred.

Article 5

  1. Non-governmental organization can engage in profitable operations only if such activities do not represent its principal work. Income acquired through profitable operations shall be used for the realization of objectives and activities defined in the statute of a non-governmental organization.
  2. Income shall not be distributed to the founding members of a non-governmental organization, members of an association, management of a non-governmental organization, as well as to employees, donors or third persons.
  3. Prohibition stipulated in paragraph 3 of the present article does not include appropriate remuneration for work nor the covering of expenses related to the realization of objectives and activities defined in the statute of a non-governmental organization.

Article 6

  1. Non-governmental organization shall not engage in political activities, nor use its property and assets for fulfillment of political parties’ goals.
  2. Political activities in terms of paragraph 1 of the present article are direct participation in the electoral campaign of a specific political party, coalition or candidate or fund raising for the electoral campaign and financing of a political party.

Article 7

  1. Non-governmental organization shall have a name and domicile.
  2. Non-governmental organization’s name shall be in a language(s) officially used in the territory of its domicile.
  3. Non-governmental organization’s name may also be registered in translated form, in one or more foreign languages, if the statute envisages such a possibility. Translated form of the name shall be written in the register after the name in the official language(s).
  4. Non-governmental organization may use abbreviation, in addition to its full name.
  5. In performance of its activities, non-governmental organization shall use its name and abbreviation in a form in which they were entered in the register.
  6. Non-governmental organization may have an emblem, defined in its statute.
  7. Non-governmental organization’s name and emblem shall be clearly distinguishable from names and emblems of other non-governmental organizations, which are registered or which have duly applied for registration.

Article 8

  1. Non-governmental organization shall not use a name or an emblem, which is directed at the violation of guaranteed rights and liberties of men and citizens, inciting national, racial, religious or other forms of intolerance or hatred or abusing public morale.
  2. Non-governmental organization’s name shall not contain elements, which can mislead public concerning the type of legal person in question.
  3. Non-governmental organization’s name may contain the name of the Federal Republic of Yugoslavia, the name of the constituent republic or a local authority only on the basis of an approval of the competent authority.
  4. Name or part of the name of a person can be used in non-governmental organization’s name with the approval of the person in question, and in case of a deceased person, with the consent of his/her relatives up to the third degree of direct relationship, i.e. the consent of the competent authority if such relatives do not exist.
  5. At the request of the competent authority, i.e. persons mentioned in paragraphs 3 and 4 of the present article, registering authority shall delete from the name of a non-governmental organization the name of the Federal Republic of Yugoslavia, name of a constituent republic or local authority or a name of a person, if such a name was used without proper authorization or approval.

Article 9

  1. Work of non-governmental organizations shall be transparent.
  2. Methods that will ensure transparency shall be defined in the statute of a non-governmental organization.
  3. Non-governmental organization, which utilized during a calendar year tax, customs and other benefits, funds from contributions and donations of citizens and legal persons, or funds from the government or local authorities’ budgets in the amount exceeding 5,000 DEM, calculated at the average exchange rate, shall make available to the public its work report and the report on acquisition and disposal of funds.
  4. The obligation mentioned in paragraph 3 of the present article shall be considered fulfilled if the said reports were published in public media or if they were available to public in non-governmental organization’s premises during working hours.

Article 10

  1. Non-governmental organization can associate with or became member of unions or other appropriate associations of non-governmental organizations, domestically or internationally.
  2. Provisions of this Act apply, as appropriate, to unions and other associations of non-governmental organizations.

II - ASSOCIATIONS

1. Establishment of Associations

Article 11

  1. Five citizens of the Federal Republic of Yugoslavia, who reside, i.e. have domicile, in FRY, can establish an association.
  2. Association shall be established at the founding assembly, which shall adopt a founding act and a statute of an association, and elect association’s bodies.

Article 12

  1. The founding act shall contain: names and surnames, i.e. titles, of founding members and their addresses; name, domicile and address of the association; basic objectives of the association and name, surname and address of a person authorized to register the association.

Article 13

  1. Statute of the association shall define its: name and domicile; objectives and activities; representation; bodies, their competencies, method of election and recall, duration of mandate and method of decision-making; procedure for adoption and amendment of the statute and other acts; disposition of property; requirements for membership and method of acceptance of members, termination of membership, as well as rights and obligations of members; disposal of assets in case of termination of the association; form and content of a seal; as well as other issues required by law.

2. Membership

Article 14

  1. Any natural or legal person can become a member of an association on a voluntary basis, in accordance with the statute.
  2. A minor can become a member, if such a possibility is envisaged in the statute.

Article 15

  1. Association shall maintain a record of its members.
  2. Members of certain associations (e.g. drug, alcohol, tobacco addicts, victims of certain diseases, etc.) may opt for anonymity.

3. Association’s Bodies

Article 16

  1. Association’s bodies are assembly and management board or another managing body.
  2. Association of 10 or less members is not obliged to form a management board or other managing body.
  3. Statute may stipulate establishment of other managing bodies.

Article 17

  1. Assembly is the main body of an association.
  2. Assembly is composed of all association members with equal voting rights, if not provided otherwise by the statute. Legal persons participate in the work of the assembly and its decision-making process in the manner defined by the statute.

Article 18

  1. Association’s assembly shall:
    1. adopt the statute and other acts and their amendments;
    2. approve legal actions undertaken on behalf of the association before its registration;
    3. decide on mergers, spilt-ups, transformations, termination and other status issues and membership in unions and international organizations;
    4. elect and recall members of the managing board, i.e. other managing bodies, or if such a body does not exist, elect a person authorized to represent the association;
    5. review and adopt financial report and other reports of the managing board or other managing body or person authorized to represent the association, as well as reports of other association’s bodies;
    6. decide on all matters, which are not within the competencies of any other body of the association.
  2. Assembly can make valid decisions in the presence of more than half of its members, except if the statute stipulates otherwise.
  3. As a rule, assembly shall decide by simple majority of members present at the meeting.
  4. Statute can stipulate that qualified majority shall be required for certain decisions.
  5. Assembly shall decide by open balloting, except if the statute stipulates that secret ballot shall apply for certain issues.

Article 19

  1. Managing board or other managing bodies or, in the absence of a managing board, person authorized to represent the association shall: implement the policy, conclusions and other decisions adopted by the assembly; prepare and convene assembly sessions; prepare draft decisions for the assembly and their amendments; manage association’s property and adopt financial decisions; prepare work report and financial report of the association and submit them tfor adoption; perform other duties envisaged by the statute.
  2. Managing board or other managing body shall have at least three members.
  3. Managing board or other managing body shall decide by majority vote, if not stipulated otherwise in the statute.

III - FOUNDATIONS

1. Establishment of Foundations

Article 20

  1. One or more natural or legal persons (hereinafter: the founder) can establish a foundation.
  2. Foundation can be established by a contract, testamentary act or other legally valid act.
  3. Foundation can be established with cash in the amount of at least 10,000 DEM at the average exchange rate on the date of registration, or other property of equivalent value. Alternatively: to delete this paragraph.
  4. Founder or person authorized by a founder shall pronounce a founding act and statute of a foundation.
  5. If a foundation has been established by a testamentary act, and the deceased has not appointed the executor of the will, court in charge of inheritance proceedings shall appoint the executor.

Article 21

  1. Founding act of a foundation shall contain: name and surname and address, i.e. business name and domicile of the founder; name, domicile and address of the foundation; basic objectives of the foundation; statement on the amount of cash or other forms of property provided by the founder for the foundation; name of a person authorized to register the foundation.

Article 22

  1. Statute of the foundation shall define its: name and domicile; objectives and activities; bodies, their competencies, method of election and recall, duration of mandate and method of decision-making; representation; form and content of a seal, and if the foundation decides to have an emblem, form and content of an emblem; rules for the use of assets; possible beneficiaries; procedure for adoption and amendment of the statute and other acts; transparency; procedure for merger, split-up, transformation or termination of work; methodsfor disposal of assets in case of termination of the foundation.
  2. Statute may contain provisions dealing with other issues of importance for activities and realization of foundation’s objectives.

Article 23

  1. Foundation can merge with, split-up or transform into another foundation or association activities of which are aimed at promotion or realization of some public interest or goal.

2. Foundation’ Bodies

Article 24

  1. Managing board shall be managing body of a foundation.
  2. Statute may provide for other bodies of a foundation.

Article 25

  1. Managing board shall: realized objectives of the foundation defined in the statute; approve legal transactions undertaken on behalf of the foundation before its registration; manage foundation’s property; amend statute and other acts, if statute does not envisage otherwise; appoint authorized representative of the foundation; decide on merger, split-up, transformation or termination of the foundation; prepare financial and other reports; carry out other operations in accordance with law and the statute.
  2. Decision on merger, split-up, transformation or termination of work of the foundation shall require founder’s approval, except if the foundation has been established by a testamentary act.

Article 26

  1. Managing board shall have at least three members.
  2. Member of the managing board can be natural person or legal person represented by an authorized representative.
  3. Minor or person deprived of legal capacity, employee of the foundation, member of some other body of the foundation, nor person supervising the work of the foundation shall not be member of the managing board.

IV - REGISTRATION

1. Registration

Article 27

  1. Association shall be registered in the register of associations, and foundations shall be registered in the register of foundations.
  2. Association, i.e. foundation, shall acquire the status of a legal person on the date of registration.
  3. Legal operations in the name and on behalf of the association, i.e. foundation, which are not registered in the register, shall produce legal consequences only for persons who carried out such operations.

Article 28

  1. Authority in charge of justice shall keep registries of associations and foundations.
  2. Minister of justice shall enact rules pertaining to forms for and methods of registration. Note: This paragraph should stipulate whether the authority in charge of registration shall be federal or republican, depending on decision to adopt federal or republican law on NGOs.

Article 29

  1. Registries of associations and foundations are public and information entered in the register shall be available to any person during working hours of the authority in charge of registration.
  2. Any person having justifiable legal interest can inspect registration file of a non-governmental organization.
  3. Notwithstanding provision of paragraph 2 of the present article, at the request of founders, authority in charge of registration shall not allow inspection of information concerning founders of certain associations (associations of drug, alcohol, tobacco addicts, associations of victims of certain diseases).

Article 30

  1. Founding act, statute, list of members of managing bodies and name of an authorized representative shall be enclosed to registration application.
  2. Proof that assets in the amount indicated in article 20, paragraph 3 of the present Act are ensured shall also be enclosed to registration application. Alternatively: To delete paragraph 2 (depending on decision concerning article 20, paragraph 3).

Article 31

  1. If a name of a non-governmental organization is not clearly distinguishable from the name of a non-governmental organization, which has already been registered or has duly applied for registration, or if an application does not contain complete and regular documentation that should be enclosed, authority in charge of registration shall invite the applicant to regularize the application within 15 days.
  2. If the applicant fails to regularize the application in terms described in paragraph 1 of the present article in the specified period of time, registration shall be denied; to that effect, a written decision specifying reasons for denial shall be issued.
  3. Decision mentioned in paragraph 2 of the present article is final in terms of administrative procedure and administrative litigation can be initiated before the competent court.

Article 32

  1. Authority in charge of registration shall register non-governmental organization within 15 days of the date of the receipt of a complete application and shall issue a written decision to that effect.
  2. If authority in charge of registration does not process registration in the period indicated in paragraph 1 of the present article, or does not invite the applicant to regularize the application in terms of paragraph 1 of article 31 of the present Act, it shall be considered that non-governmental organization has been registered at the first day following the expiry of that period.
  3. Authority in charge of registration shall, at the request of non-governmental organization, issue a written decision reflecting facts mentioned in paragraph 2 of the present article within eight days of the date of the receipt of the said request.
  4. If authority in charge of registration does not issue a decision mentioned in paragraph 3 of the present article within eight days of the date of the receipt of a repeated request of non-governmental organization, administrative litigation before the competent court may be initiated in order to obtain the said decision.

Article 33

  1. Non-governmental organization shall notify authority in charge of registration about the changes to the statute, name, domicile, address and person authorized to represent it within 30 days of the date of changes.
  2. Written decision shall be issued concerning changes of a name, domicile or address.

2. De-registration

Article 34

  1. Non-governmental organization shall be de-registered:
    1. if non-governmental organization’s competent body decides on termination of its work or its merger, split-up or transformation;
    2. if membership in an association decreases below level required for its establishment;
    3. if it is confirmed that non-governmental organization has discontinued its activities for a period exceeding one year;
    4. if non-governmental organization’s work is prohibited in accordance with the Constitution and law.
  2. Person authorized to represent non-governmental organization shall notify authority in charge of registration about the facts mentioned in paragraph 1, points 1 and 2 of the present article within 30 days of the date of their occurrence.
  3. Authority in charge of registration has responsibility to establish circumstances described in paragraph 1, point 3 of the present article.
  4. Written decision shall be issued concerning de-registration.
  5. Decision on de-registration is final in terms of administrative procedure and administrative litigation can be initiated before the competent court.

Article 35

  1. Property and assets that remain after termination of a non-governmental organization, and after all its obligations have been fulfilled, shall be dealt with in a manner stipulated in the statute of non-governmental organization.
  2. Notwithstanding provision of paragraph 1 of the present article, property of non-governmental organization that during the preceding calendar year used tax, customs and other benefits, contributions and donations of citizens and legal persons or state or local authorities’ budget funds in the amount exceeding 5,000 DEM calculated at the average exchange rate, shall be transferred to another association, i.e. foundation, which has same or similar objectives.
  3. Authority in charge of registration shall decide on disposal of remaining property in accordance with paragraph 2 of the present article; prior to that, a public notice shall be issued indicating type and value of the property, objectives of the organization that had terminated its work and deadline for interested associations, i.e. foundations, to submit justified proposals to receive such property.

V - PROPERTY OF NON-GOVERNMENTAL ORGANIZATION

Article 36

  1. Property of non-governmental organization consists of: membership fee, if stipulated in the statute of an association; assets provided by founder(s) of a foundation; voluntary contributions and grants; donations; income from interest on bank deposits, dividends, capital profits, rent fees and other sources of passive income; income generated through association’s activities; income generated through profitable activities (article 5 of the present Act); funds acquired from budget; other income acquired in accordance with law.
  2. Non-governmental organization shall manage its property in accordance with its statute and law.
  3. Non-governmental organization’s body designated by its statute shall supervise proper utilization and management of assets of the organization.

Article 37

  1. Non-governmental organization shall duly maintain its business books and other required registers in accordance with law.

Article 38

  1. Non-governmental organization’s bodies shall manage its property in a bona fide manner.
  2. If an association is engaged in profitable activities (article 5 of the present Act), members of managing board or other managing body shall manage assets used for those activities in a bona fide manner.
  3. Member of managing board or other managing body shall not be eligible to vote on issues related to him/her, his/her spouse or relative up to the second degree of direct relationship, or on issues related to a legal person controlled by him/her or in which he/she has some economic interests.
  4. Members of managing board or other managing body of non-governmental organization shall ensure that all legal operations of association or foundation are carried out on the bases of market value or under conditions more favorable for non-governmental organization.

VI - SUPERVISON OVER LEGALITY OF WORK OF NON-GOVERNMENTAL ORGANIZATION

Article 39

  1. Supervision over the legality of work of non-governmental organization shall be exercised by managing bodies in charge of its respective activities.

VII - FOREIGN NON-GOVERNMENTAL ORGANIZATIONS

Article 40

  1. Provisions of the present Act pertaining to registration of non-governmental organizations shall apply to the registration of branches, offices and other organizational forms of foreign or international non-governmental organizations, if not stipulated otherwise by law.
  2. Authority mentioned in paragraph 1 of article 28 of the present article shall be in charge of registration of foreign non-governmental organizations.
  3. Provisions on registration in the present Act shall not apply to foreign organizations, which operate in the Federal Republic of Yugoslavia under international agreements.

Article 41

  1. Application for registration shall contain: proof of registration in the country of origin; decision of a competent body of the organization in question on the opening of a branch, office or other organizational form in the Federal Republic of Yugoslavia; decision on authorized representative of the branch, office or other organizational form and a copy of an identification document of that person; copy of a statute or other adequate act indicating goals of the non-governmental organization.
  2. If regulations in the country of origin do not require mandatory registration, another written document notarized by a court or public notary shall be enclosed to the registration application, as a proof that the organization in question has a status of non-governmental, non-profit organization in the country of origin.

Article 42

  1. Issues such as visas and residents permits for foreign employees in branches, offices and other organizational forms of foreign non-governmental organizations shall be governed by regulations pertaining to foreign companies’ representatives (business visas).

Article 43

  1. Foreign non-governmental organization is entitled to transfer freely from abroad financial assets for the work of its branch, office or other organizational form and for the realization of its activities, in accordance with regulations on foreign payment transactions.
  2. Foreign non-governmental organization is entitled to transfer abroad financial assets mentioned in paragraph 1 of the present article, after all due obligations have been fulfilled.

Article 44

  1. Foreign non-governmental organization is entitled to import on temporary basis objects and equipment necessary for its work and to export them out of the Federal Republic of Yugoslavia in a manner and under conditions defined in relevant foreign trade regulations.
  2. In case of transfer of property rights over objects and equipment mentioned in paragraph 1 of the present article to legal and natural persons in the Federal Republic of Yugoslavia, foreign non-governmental organization shall pay customs duties for the import of such objects and equipment.

Article 45

  1. Domestic labor-related regulations shall apply to local employees of foreign non-governmental organizations.

VIII - PENAL PROVISIONS

Article 46

  1. A misdemeanor fine in the amount of … dinars shall apply to a non-governmental organization:
    1. if positive balance between income and expenses is not used for the realization of statutory objectives and activities of non-governmental organization (article 5, paragraph 1);
    2. if it engages in political activities or uses its property and assets for the realization of political parties’ objectives (article 6);
    3. if in the implementation of activities it does not use its name and abbreviation in the registered form (article 7, paragraph 5);
    4. if it fails to notify the registering authority within the prescribed time frame of changes to the statute, name, domicile, address and authorized representative (article 33, paragraph 1);
  2. Responsible officer of the non-governmental organization shall also be fined for misdemeanor mentioned in paragraph 1 of the present article in the amount of … dinars.
  3. ine in the amount of … dinars for misdemeanor mentioned in paragraph 1, points 1 and 2 of the present article shall also apply to the authorized representative of non-governmental organization who is not registered.

Article 47

  1. A misdemeanor fine in the amount of … dinars shall apply to authorized representative of non-governmental organization if he/she failed to inform authority in charge of registration about the decision to terminate the work of non-governmental organization, or about the decrease of association’s membership (article 34, paragraph 2). Note: In articles 46 and 47 amounts should be harmonized with the appropriate act on misdemeanors.

IX - TRANSITIONAL AND FINAL PROVISIONS

Article 48

  1. Non-governmental organizations registered in registries of associations of citizens, social organizations, trust funds, foundations and funds shall harmonize their internal general regulations with the provisions of the present Act within a year of the date of the entry into force of the present Act and submit applications for registration to the authority mentioned in article 28, paragraph 1 of the present Act.
  2. Proof of registration in the register of association of citizens, social organizations, trust funds, funds or foundations, statute of non-governmental organization and list of members of managing bodies shall be enclosed to the application mentioned in paragraph 1 of the present article.
  3. Non-governmental organizations mentioned in paragraph 1 of the present article that fail to submit applications in accordance with paragraphs 1 and 2 of the present article shall lose the status of legal persons and provision of paragraph 3 of article 26 of the present Act shall apply to them.

Article 49

  1. Minister in charge of the authority mentioned in paragraph 1 of article 28 of the present Act shall enact rules pertaining to forms for and methods of registration within 30 days of the date of entry into force of the present Act.

Article 50

  1. Registration procedure, which commenced prior to the date of the entry into force of the present Act, shall be completed in accordance with provisions of the present Act.

Article 51

  1. On the date of the entry into force of the present Act the following regulation shall cease to be applicable …
    Note: Name of the law, which no longer applies should be indicated, as well as the number of the official publication federal or republic, depending on the type of legislation (federal or republic).

Article 52

  1. This Act shall enter into force on the thirtieth day of the date of its publication in the “Official …”
    Note: See the above note.
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