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Legislations
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Law No. 12 of 2004 on Private Associations and Foundations
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Chapter One
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Establishing an Association
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Law No. 12 of 2004 on Private Associations and Foundations
Law Summary Record
Type:
Law
Number:
12
Date:
10/05/2004 Corresponding to 21/03/1425 Hijri
Number of Articles:
48
Status:
In force
Official Gazette :
Issue:
8
Offcial Journal Issue
Publication Date:
09/06/2004 Corresponding to 21/04/1425 Hijri
Page from:
202
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Section Name
Establishing an Association
2 Article
- Amended
1. To establish an association, the following conditions must be met:
(a) The number of founders shall be no fewer than twenty (20) people;
(b) Payment of a fee of One Thousand (1,000) Riyals;
2. A founding member or ordinary member must meet the following requirements:
(a) Must be of Qatari nationality;
(b) Must not be under the age of eighteen (18) years;
(c) Must have not received a final sentence in respect of a crime involving moral turpitude or dishonesty, unless such person has been rehabilitated;
(d) Must be of a good reputation and conduct.
The Council of Ministers may, when necessary, as the public interest so requires and on the proposal of the Minister, approve the establishment of Associations that do not meet certain conditions as set forth in items 1(a) and 2(a) of this Article.
3 Article
Founders shall meet as a constituent committee body to prepare the Memorandum of Association and Articles of Association, and shall be jointly liable for what such expenses as its establishment entails.
4 Article
- Amended
An Association’s Memorandum of Incorporation shall particularly include the following:
1. The date and place of their issue;
2. The names, nationality, place of residence and age of each founding member;
3. The name of the Association, the location of its headquarters and its objectives.
The Association shall not use the name of ‘Qatar’ in its name or activities in a manner that prejudices the public interest of the State, and an Association shall not take a name that causes confusion with any other Association.
5 Article
Each Association shall have an Articles of Association that includes, in particular, the following:
1. The name of the Association, its area of operation and the location of its headquarters;
2. The purpose of the Association and its business rules;
3. Conditions of membership, the duties and rights of the members and the manner in which membership is withdrawn or voided, and the manner in which a member is to be dismissed;
4. The framework of operation of the Board of Directors’, duration, terms of reference, the number of its members, and the manner and date of their election;
5. Terms of reference of the General Assembly, procedures for convening meetings, dates of meetings and the requisite quorum for the validity of a meeting, voting and decision- making processes;
6. The financial disposition of the Association at the beginning and end of the Association’s financial year, its financial resources, and how these resources are used and disposed of;
7. Methods of financial control;
8. The rules relating to the organization of accounts, budget-setting, final accounts and the signing off of accounts;
9. The manner in which amendments may be made to the Articles of Association of the Association or its established branches, or amendments regarding its union or integration with other organizations;
10. The rules for the dissolution of the Association and the party to whom the Association’s funds devolve.
The Articles of Association may not make provision that the dissolved Association’s funds will be devolved to any other entity than private Associations or Foundations that operate in one or more areas of the dissolved Association.
6 Article
- Amended
The founders of an Association shall submit an application to the Ministry for registration and declaration, accompanied by the following documents:
1. Three copies of the Association’s Memorandum of Association and Articles of Association, after being endorsed and signed by the founders;
2. Minutes of the meeting of the founders establishing the Association stating the names of the members of the Interim Committee who will undertake the management of the Association in accordance with the provisions of Article 16 of this Law;
3. The ownership deed of the headquarters of the Association, or its lease or the usufruct thereof, or an undertaking by the founders to provide headquarters for the activities of the Association within six (6) months from the date of registration. The Minister may suspend an Association’s activities until headquarters have been established.
7 Article
- Amended
The Ministry may, within thirty (30) days from the date of submission of the application for registration and declaration, and if so required by the public interest, reject this application on the grounds of a reasoned decision, or request such amendments to the Association’s Articles of Association as the Ministry deems necessary. The lapse of this period without a reply being received from the Ministry shall be deemed an implicit rejection of an application.
The founders may, within thirty (30) days from the date of notification of the decision of rejection or amendment, or from the date of the implicit rejection, appeal to the Minister, who will submit such appeal, together with his opinion, to the Council of Ministers within the next thirty (30) days. The decision issued by the Council of Ministers on the grievance shall be deemed final.
8 Article
- Amended
The Ministry’s approval of an application for registration and declaration shall be by means of a decision of the Minister following perusal by the Prime Minister. The registration details of an association shall be recorded in a special register in the Ministry, stating the Association’s particulars such as its name, the location of its headquarters, objectives, the duration of its fiscal year, the names of the members of the Interim Committee, the number of board members and its legal representative.
The Ministry shall take responsibility for advertising the registered association by publishing its Memorandum of Association and Articles of Association in the
Official Gazette
, and for the issuance of a certificate of registration signed by the Minister.
Any amendment to the Articles of Association of the association shall be registered and advertised in accordance with the provisions of this Law.
9 Article
The Association acquires legal identity once its registration and declaration are complete and in accordance with the provisions of this Law.
10 Article
The Ministry shall maintain a file for each Association including a copy of its Memorandum of Association, Articles of Association, certificate of registration and the decisions issued in this regard.
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