·         What is an association?

 

An association (also often called a registered association) is a voluntary, self-governed and lasting union of non-profit aims (it is forbidden to derive financial benefits out of an association's activities). An association independently defines its goals, creates its program of activity and organizational structures as well as resolves internal acts concerning its activities. Activity of an association is based on voluntary work of its members but also on paid work of its employees that are in charge of particular matters (these employees are for example: a lawyer, an accountant, an administrative worker).

 

·         Who can be a member of an association?

 

A right to found an association and to be a member of one is guaranteed not only for Polish citizens but also for foreigners residing in Poland. An association can be founded by those who have full legal ability and those who are not deprived of public rights (which means that for example inmates sentenced by court cannot do that).

 

Foreigners who are not residents of Poland cannot found an association but they can join one and become members as long as a statut provides for such a possibility.

 

It is possible to found an association that unites only foreigners or an association in which (because of particular statutory goals) foreigners will be in majority.

 

A legal person (a given organization, institution or company) can only be a supportive member of an association.

 

No one can be forced neither to become a member of an associations nor to leave it. No one can bear negative consequences for belonging to a given association. The statute of every association should define particular ways of acquiring and loosing membership, reasons for it as well as members' rights and obligations.  

 

·         Founding and activities of an association

 

An association can be founded by at least 15 people. No permission is needed to do that. A group of 15 adopts an association's statute and selects a founding committee. The statute should include the following information:

-        the name of an association (it has to be different from already existing names of associations, organizations, institutions),

-        the territory of activities and the seat of an association,

-        the goals and the means for their achievement,

-        authorities of an association, the method of their election, the method of electing supplementary authority members and the competence of the authorities,

-        the methods of representing an association and make financial obligations as well as conditions under which resolutions of the association's authorities are binding,

-        the ways of gaining financial means and deciding upon membership dues,

-        the principles of changing the statute,

-        the methods of dissolution.

 

A founding committee submits a motion for registration to the registry court. The following documents should be enclosed to that motion:

-        the statute,

-        the list of founders (containing information about each founder – name, surname, date and place of birth, current address and a signature),

-        the protocol of selection of the founding committee,

-        information about the association's temporary seat.

 

The registry court decides whether the statute is in accordance with legal regulations and whether the founders meet the required legal criteria. No later than 3 months after a motion is submitted the court reaches a decision to register or not to register an association. The court refuses to register an association only in a case of the statute not meeting the requirements set up by the currently existing law. This happens for instance when an association is a threat to the state's safety, does not have the statute or the number of members is lower than 15 people.

 

By being registered an association gains a status of a legal person. It is also given its own NIP number (national number of fiscal identification) and REGON (national business registry number used fr statistical purposes). An association's activity can be initiated once it becomes registered in the national court registry (KRS). It is free of any financial fees.

 

Each association is required to have its board and an internal auditing organ. Each change to the statute has to be announced to the registry court. The highest power in an association is given to the general assembly of all the members. If the number of members is very high the general assembly can be replaced by an assembly of delegates selected for a particular period of time.

 

Supervision over an association is held by a governor of the poviat on the territory of which an association has its seat located. The governor has a right to demand from the board to supply copies of acts that are passed by the assembly or to demand appropriate explanations. If the board does not comply with the above requirements a fine up to 5000 zlotys can be imposed. In a case in which the governor concludes that activities of an association break the law or violate the provisions of its own statue there can be a request sent to a court that demands a warning to the authorities of an association, abrogating a resolution that is not legal or not in accordance with an association's statute as well as even dissolving an association.

 

Associations can also create unions of associations if at least three associations are willing to join such union.

 

·         Property of an association

 

Property of an association is formed from membership contributions, donations, legacies, inheritances, proceeds of an association's activities, income from its property and public support. An association can also conduct economic activities. Such activities though can only serve to realize statutory goals of an association and financial benefits derived from such activities cannot be shared among members of association. If an association wants to perform economic activities the statute should include appropriate information referring to that. It is worth remembering that there is also a financial fee that has to be paid in order to be able to perform economic activities – a fee for registering in the registry of enterprises and the registry of associations (1000 zl). Information on other fees referring to registering in the National Court Registry (KRS), on making any changes in it including crossing out can be found at the website of the Ministry of Justice – http://www.ms.gov.pl/krs/krs_oplaty.php.

Besides that it is also the site when all kinds of information about telephone numbers and addresses of the Central Information of the KRS is provided.

An association can also apply for allocations. They however can only be distributed to realize statutory goals of a particular association. Associations, as non-governmental organizations, can be granted allocations from the state's budget as a form of financing or co-financing realizing of public tasks. Detailed information on all the rules of applying for such allocations can be found in the Act of 30 June 2005 Law on public finances (J.L. 2005 No 249, item 2104 with changes) – http://isap.sejm.gov.pl/DetailsServlet?id=WDU20052492104.