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Encyclopedia > Voluntary association

A voluntary association (also sometimes called an unincorporated association, or just an association) is a group of individuals who voluntarily enter into an agreement to form a body (or organization) to accomplish a purpose. One Brick volunteers help at a soup kitchen. ... An organization or organisation (read more about -ize vs -ise) is a formal group of people with one or more shared goals. ...


Strictly speaking in many jurisdictions no formalities are necessary to start an association, although it is difficult to imagine how a one person association would operate. In some jurisdictions, there is a minimum for the number of persons starting an association. Some jurisdictions require that the association register with the police or other official body to inform the public of the association's existence. This is not necessarily a tool of political control but much more a way of protecting the economy from fraud. In many such jurisdictions, only a registered association is a legal person whose membership is not responsible for the financial acts of the association. Any group of persons may, of course, work as an association but in such case, the persons making a transaction in the name of the association are all responsible for it. In law, jurisdiction (from the Latin jus, juris meaning law and dicere meaning to speak) is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area... A legal entity or artificial person is a legal construct with legal rights or duties such as the legal capacity to enter into contracts and sue or be sued. ...

Contents

Legal status

An unincorporated association has been defined as existing:

"...where two or more persons are bound together for one or more common purposes by mutual undertakings, each having mutual duties and obligations, in an organisation which has rules identifying in whom control of the organisation and its funds is vested, and which can be joined or left at will."[1]

In most countries, an unincorporated association does not have separate legal personality, and nor do members of the association usually enjoy limited liability. However, in some countries they are treated as having separate legal personality for tax purposes.[2] However, because of their lack of legal personality, legacies to unincorporated associations sometimes fall foul of the general common law prohibitions against purpose trusts. A legal entity or artificial person is a legal construct with legal rights or duties such as the legal capacity to enter into contracts and sue or be sued. ... Limited liability (LL) is liability that is limited to a partner or investors investment. ... Look up legacy in Wiktionary, the free dictionary. ... A purpose trust is a kind of trust which has no beneficiaries, but instead exists for advancing some non-charitable purpose of some kind. ...


Associations that are organized for profit or financial gain are usually called partnerships.[3] A special kind of partnership is a co-operative which is usually founded on one man—one vote principle and distributes its profits according to the amount of goods produced or bought by the member. Associations may take the form of a non-profit organization or they may be not-for-profit corporations; this does not mean that the association cannot make benefits from its activity, but all the benefits must be reinvested. Most associations have some kind of document or documents that regulate the way in which the body meets and operates. Such an instrument is often called the organization's bylaws, regulations, or agreement of association. In the common law, a partnership is a type of business entity in which partners share with each other the profits or losses of the business undertaking in which they have all invested. ... A cooperative (also co-operative or co-op) comprises a legal entity owned and democratically controlled by its members, with no passive shareholders. ... A nonprofit organization (abbreviated NPO, or non-profit or not-for-profit) is an organization whose primary objective is to support some issue or matter of private interest or public concern for non-commercial purposes. ... A Not-for-profit corporation is a corporation created by statute, government or judicial authority that does not issue stock. ...


Civil law

In some civil law systems, an association is considered a special form of contract. In the Civil Code of Quebec this is a type of nominate contract. The association can be a body corporate, and can thus open a bank account, make contracts (rent premises, hire employees, take out an insurance policy), lodge a complaint etc. In France, conventional associations are regulated by the Waldeck-Rousseau law of July 1, 1901 and are thus called Association loi 1901, except in Alsace and Moselle where the law of April 19, 1908 applies (these countries were German in 1901). In Texas, state law has statutes concerning unincorporated nonprofit associations that allow unincorporated associations that meet certain criteria to operate as an entity independent of its members, with the right to own property, make contracts, sue and be sued, as well as limited liability to it officers and members. Civil law is the predominant system of law in the world, with its origins in Roman law, and sets out a comprehensive system of rules, usually codified, that are applied and interpreted by judges. ... A contract is a promise or an agreement made of a set of promises. ... The Civil Code of Québec (CcQ) is the legal text defining civil laws in the province of Quebec, Canada. ... A body corporate is the English legal term for a corporation. ... Pierre Marie René Ernest Waldeck-Rousseau (December 2, 1846 - August 20, 1904) was a French statesman. ... July 1 is the 182nd day of the year (183rd in leap years) in the Gregorian Calendar, with 183 days remaining. ... 1901 (MCMI) was a common year starting on Tuesday (see link for calendar) of the Gregorian calendar (or a common year starting on Wednesday of the 13-day-slower Julian calendar). ... Location Administration Capital Strasbourg Regional President Adrien Zeller (UMP) (since 1996) Départements Bas-Rhin Haut-Rhin Arrondissements 13 Cantons 75 Communes 903 Statistics Land area1 8,280 km² Population (Ranked 14th)  - January 1, 2005 est. ... Moselle is a département in the northeast of France named after the Moselle River. ... April 19 is the 109th day of the year in the Gregorian calendar (110th in leap years). ... 1908 (MCMVIII) was a leap year starting on Wednesday (link will take you to calendar). ... Official language(s) See: Languages of Texas Capital Austin Largest city Houston Area  Ranked 2nd  - Total 268,581 sq mi (695,622 km²)  - Width 773 miles (1,244 km)  - Length 790 miles (1,270 km)  - % water 2. ...


Australia

In most Australian states a similar set of laws allows not-for-profit associations to become legal entities with a limit to the liability of its members. An example of such a law is the South Australian 'Associations Incorporation Act 1985'([1]). This allows for the creation of a legal entity able to buy and sell land and in general enter into legally binding contracts. Many clubs and societies begin life as an unincorporated body and seek to attain incorporated status to protect its members from legal liability and in many cases to seek government financial assistance only available to an incorporated body. Clubs and Societies wishing to incorporate must meet the provisions of the relevant state act and lodge their constitution with the corresponding state government authority.


Freedom of association

The freedom of association stands in the Universal Declaration of Human Rights: The Universal Declaration of Human Rights (also UDHR) is a declaration adopted by the United Nations General Assembly (A/RES/217, December 10, 1948 at Palais de Chaillot, Paris), outlining the organizations view on the human rights guaranteed to all people. ...

Article 20
(1) Everyone has the right to freedom of peaceful assembly and association.
(2) No one may be compelled to belong to an association.

See also

Collective can also refer to the collective pitch flight control in helicopters A collective is a group of people who share or are motivated by at least one common issue or interest, or work together on a specific project(s) to achieve a common objective. ... Co-op redirects here. ... In Finland, a ry is a suffix ending which generally denotes a registered, non-profit organization. ... Human relationships within an ethnically diverse society. ... A Swiss Verein (German for association) is a business organization consisting of a number of independent offices, each of which has limited liability vis a vis the others. ... There are very few or no other articles that link to this one. ...

External Link

  • Law relating to unincorporated associations

Footnote

  1. ^ Conservative and Unionist Central Office v Burrell (Inspector of Taxes) [1982] 1 WLR 522. The definition was for tax purposes, but was expressed to be of general application.
  2. ^ For example, in the United Kingdom an unincorporated association is assessable to corporation tax.
  3. ^ In most common law legal systems, partnership is defined by statute as "the relationship which subsists between persons carrying on a business in common with a view of profit"

  Results from FactBites:
 
Right of Voluntary Association (2412 words)
The principal instances of a necessary association are a conscript military body and civil society, or the State, the concept of voluntary association covers organizations as diverse as a manufacturing corporation and a religious sodality.
During the period of political chaos that followed the fall of the Empire, liberty of association was as extensive as could be expected among populations whose civil rulers were not sufficiently powerful either to repress or to protect the formation of voluntary unions.
All of these associations were instituted either under the active direction of the Church, or with her warm encouragement and as a rule without any serious opposition on the part of the civil power.
Voluntary association - Wikipedia, the free encyclopedia (749 words)
A voluntary association (also sometimes called an unincorporated association, or just an association) is a group of individuals who voluntarily enter into an agreement to form a body (or organization) to accomplish a purpose.
Associations may take the form of a non-profit organization or they may be not-for-profit corporations; this does not mean that the association cannot make benefits from its activity, but all the benefits must be reinvested.
In Texas, state law has statutes concerning unincorporated nonprofit associations that allow unincorporated associations that meet certain criteria to operate as an entity independent of its members, with the right to own property, make contracts, sue and be sued, as well as limited liability to it officers and members.
  More results at FactBites »

 
 

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