Associations and Foundations Lawyer in Cluj
Legal advice on setting up and running associations, foundations and other non-governmental organisations, under Government Ordinance no. 26/2000.
Lawyer, Cluj Bar · Updated · Read this page in Romanian
In short
An association needs at least 3 founding members (art. 4(1) of Government Ordinance no. 26/2000). A foundation is organised around assets dedicated to an aim in the general interest, which must be worth at least 10 times the gross national minimum wage on the date it is set up (art. 15(2)), with an exception for foundations that only collect funds for other associations or foundations. Both need a statute signed as a private document.
Want to set up a cultural, sports or professional association in Cluj, or a foundation with a social aim? Both are governed by Government Ordinance no. 26/2000 (OG 26/2000), which sets the conditions for setting them up, organising them and dissolving them.
What I do for NGOs
My work for the non-profit sector covers:
- Setting up associations: drafting the statute (statut), preparing the paperwork and representing you before the district court (judecătorie) to obtain legal personality
- Setting up foundations: advice on the initial assets required, drafting the founding documents and registration
- Changes to the statute: changing the registered office, the aim, the governing bodies or the membership
- Ongoing advice: help with dealing with public authorities, legal compliance and the tax obligations specific to the non-profit sector
Choosing between an association and a foundation
The choice between an association and a foundation depends on how many people are involved, how much money you have at the start and how you want the organisation to work. An association needs at least 3 founding members and relies on their involvement (art. 4(1) of OG 26/2000). A foundation is organised around assets dedicated permanently to an aim in the general interest or in the interest of certain communities. Its initial assets must be worth at least 10 times the gross national minimum wage on the date it is set up (art. 15(2)).
I help you choose the legal form that suits your goals and take you through setting it up.
How I can help
I help you set up an association or a foundation, draft the statute and represent you before the district court to obtain legal personality, and I help with later changes to the statute too. If you have a company in mind, see also business law.
Frequently asked questions
What is an association?
It acquires legal personality when it is entered in the Register of Associations and Foundations (Registrul asociațiilor și fundațiilor), kept by the registry of the district court for the area of its registered office.
To acquire legal personality, the statute has to be signed as a private document (sub semnătură privată). It must contain the elements required by art. 6(1) of OG 26/2000.
What is a foundation?
Unlike associations, for which the law sets no minimum value for the assets, foundations must have assets worth at least 10 times the gross national minimum wage on the date they are set up.
There is an exception to this minimum for foundations whose sole purpose, on pain of dissolution, is to raise funds to be made available to other associations or foundations so that they can run programmes. For these, the initial assets must be worth at least twice the gross national minimum wage.
As with associations, to acquire legal personality the statute has to be signed as a private document, and it must contain the elements set out in art. 16(2) of OG 26/2000, or it is void.
How does an association differ from a foundation?
An association is a non-profit organisation set up by at least three people who decide to pool their work, knowledge or resources for an aim in the general interest, in the interest of a community or in a personal non-pecuniary interest. What counts here is the members and how involved they are in the organisation. The initial assets needed are usually small.
A foundation, on the other hand, is usually set up by the will of one or more people who dedicate a separate, larger pool of assets to an aim in the general or community interest. It has no members in the usual sense. It is organised around the assets dedicated to its aim, and what counts is how those resources are managed rather than who takes part directly.
Both are private-law, non-profit legal persons governed by OG 26/2000 on associations and foundations. Which one you choose depends on what you want to do, where the money comes from and how involved the founders will be.
What documents do you need to set up an association?
Want to set up an association or a foundation?
Setting up, amending the statutes, changing the board or the registered office, dissolution: tell me what you need and I’ll explain which documents you need and what the next steps are.
- Tell me what you want to do with the association or foundation.
- I read them and call you.
- I tell you what your options are.
Everything you send me is covered by professional secrecy.
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