Part I: Associations

Chapter I: Foundation of Associations

Article 1:

For the purpose of enforcing the provisions of the present law there shall be deemed as an association, each group of an organization continuing for a definite or indefinite period, comprising natural or judicial persons or both of them with a total of at least ten persons in all cases, and oriented to a purpose other than material profit.

Article 2:

It is a requirement for an association, to be founded that it shall have a written statute of its own signed by all founders and to possess an appropriate headquarters in the Arab Republic of Egypt.
Co-founders of an association shall, in no case, comprise persons finally convicted to a criminal or freedom-restructive penalty under a misdemeanour of dishonourable or anti-fidelity conduct unless rehabilitated.
Non-Egyptians may hold the membership of an association under the rules provided for in the executive regulations.

Article 3:

The statute of an association shall include the following data :
  1. Name of association, which should be derived from its purpose in such a way as to avoid any confusion with any other association operating in the same geographical jurisdiction.
  2. Type, field of activity and geographical jurisdiction of association.
  3. Address of premises elected as a headquarters of the association.
  4. Name, surname, age, nationality, vocation and place of residence of each of the founding members.
  5. Resources and method of utilization and disposal.
  6. Representative bodies of the association, terms of reference for each, method of relecting, discharging and annuling or suspending membership as well as the quorum necessary for valid meetings and valid resolutions.
  7. System and conditions of membership and rights and obligations of members, particularly each member’s right to have access to the assocation’s documents, attend and cast vote on the gen-eral assembly.
  8. Financial control system.
  9. Rules of amending the association’s statutes and setting up branches, cases of termination and parties to which the association’s property will devolve in such cases.
  10. A statement specifying the competent person to apply for an association to acquire a public- benefit capacity.
  11. A statement specifying the founders’ assembly representative authorized to conduct foundation procedures.
Attached to the executive regulations for the present law there will be a model form of a statute, which may be followed by associations.

Article 4:

In no case shall a statute of an association may stipulate for its property to devolve, upon termination, to any party other than NGO Assistance Fund or any other association or NGO or federations governed by the provisions of this law.

Article 5:

An application for registering a summary statement of an association’s statute shall be submitted on the relevant form accompanied with the following documents:
  1. Two copies of statute both signed by all founders.
  2. A declaration by each of the founding members, purporting that conditions set forth under Article 2 and data under item "D" of Article 3 hereof are satisfied.
  3. Occupancy receipt for the association’s premises.
The administrative body shall affix the date of submitting registration application on a copy thereof to be delivered to applicant and shall enter some on a speical register.
The executive regulations of this law shall define procedures for submitting application, duty payoble for entering the association’s statute in a special register, up to a maximum of LE100, the proceeds of which shall be paid to the NGO Assistance Fund. A form of registration application referred to shall be attached to the executive regulations.

Article 6:

The administrative body shall be under obligation to enter a summary statement of the association’s statute into the relevant reigster within sixty days from the date of submission by the founder’s assembly representative of a registration application. Should sixty days elapse without being made, registration shall be deemed effective under the law.
The association shall be judged to be a judicial person by conducting such registration or by the lapse of sixty days from the day the association representative has applied for registration, whichever earlier.
Should the administrative body realize, within the sixty days referred to’ that the association’s purposes comprise an activity prohibited under Article 11 hereof, the body shall reject the registration application by a decision to be notified to the representative of the founders’ assembly by a registered letter with acknowledgement of receipt within the aforementioned sixty days.
The representative of the founders’ assembly may challenge the decision before the competent court within sixty days effective the date of notification in accordance with prescribed procedures.
The administrative body shall carry such procedure as to have a summary statement of the association’s statute published in the Official Gazette (Al-Waqie Al-Misria) with sixty days from the date the association is judged a judicial person.

Article 7:

There shall be set up within the jurisdiction of each court of first instance one or more committee to be formed annually under a decision by the Minister of Justice. Such committee shall be headed by at least a counselor of the court of appeal to be nominated by the court’s general assembly with the following as members :
  1. A representative of the administrative body nominated by the Minister of Social Affairs.
  2. A representative of the regional Federation nominated by the board of directors of the general federation. Such committee shall comprise, as a member, a representative of the association to the dispute to be nominated by its general assembly or board of directors.
The committee shall be concerned with the considering disputes that may arise between the association and the administrative body.
The committee meeting shall be valid, only with the presence of all its members. Its resolution shall be issued within sixty days from the date of submitting dispute thereto, by majority of votes. In case of equal votes, the chairman’s shall be the casting vote. The executive regualtions of the pres-ent law shaw other rules and procedures for running business of the committee.
No action in respect of dispute shall be acceppted by the competent court unless resolution thereon has been taken by the committee or the period stipulated in the preceding paragraph has elapsed. Action shall be filed within sixty days of the date of issuing the resolution according to relevent procedures of filey cases.

Article 8:

Without prejudice to paragraph 3, Article 6 of the present law, the administrative body may object to whatever it deems as contradictory to the law in the statute of the association or as regards the founders. However, this shall not preclude it from being obliged to enter the association into the relevent register within the period set forth in Article 6 hereof.
Should it find any justification for objection, the administrative body shall notify the association by registered mail with acknowledgement of receipt, with reasons of such objection. Should the association fail to eliminate causes of such objection within the period specified by the administrative body. The dispute shall be submitted to the committee set forth in the preceding article.
When an action on objection is filed before the competent court, following the issuance of the commitee resolution, the administrative body may request the competent court to urgently pass a judgment to eliminate cause of contravention, while maintaining the association in operation or to impose a temporary suspension on the activity of the association pending settlement of subject of suit.
The administrative body shall annotate the text of verdict opposite the relevant entry of the association in the special register.

Article 9:

Any interested party shall have the right to have access to the summary statement of the association’s statute and obtain a copy endorsed as true against payment of such duty as may be defined by the executive regulations up to a maximum of LE20; the proceeds to which shall be paid to the NGO Assistance Fund.

Article 10:

In amending an institution’s statute, the same procedures set forth in this chapter as regards foundation.

   


 Top Back