Finally ended the tortuous conduct of the draft law on associations and citizen participation in governance ( Bulletin No. 3562-06). This is a project started in 2004, whose main ambition was to promote citizen participation in public life by forming partnerships. Beyond the administrative rules of the project, better tuned in the heyday of "citizen government" next-enacted law reaffirms the validity of freedom of association, establishing a long-awaited reform, which greatly eases the creation of legal persons nonprofit.
In its initial design, the project aimed to shape a new type of grouping with legal personality, along the lines of many other legal bodies have chosen to create new instances of organization (in local, indigenous, religion or sports , to name a few). The approved project (completely restructured its wake - in articulo mortis - by the Joint Commission, which used to correct some weaknesses of legislative drafting) prefers to use the existing institutions, improving, and that is why we choose to reform the current regime in the matter in the Civil Code. From now on, the "corporations" become "associations", whose constitution is simplified substantially. By the way, the reform favors the regime of foundations, whose constitution follows the same pattern.
here corporations and foundations to acquire legal personality by means of an authorization granted by the Government, which used to last forever, this system of prior authorization in stark contrast to other applicable to other nonprofit organizations (unions, neighborhood associations, unions, etc.). that the mere deposit of the act establishing a public record is enough to set a new legal person. The draft constitution passed quite close associations and foundations to warehousing. In simple terms, the constituent (awarded by public or private deed signed before a minister of faith) be deposited in the respective City Clerk, by launching a review period (thirty days), if there were no comments, concludes with the record of history in a national register of legal persons to profit by the Civil Registry and Identification Service. The association or foundation shall have legal personality from that entry. Thus, the constitution of legal persons nonprofit is decentralized to the maximum. About municipalities will bear the main burden of the proper functioning of the system, although this can be alleviated by the play of such statutes.
The project makes several other changes to Title XXXIII of Book I of the Civil Code. Among other things, sets out the scope of the statutes, the management regime (similar to a business directory) to operate unless otherwise agreed, and clarified the economic activities that can rid a person non-profit.
The audit of associations and foundations remains with the Ministry of Justice, which confers a power inspective hitherto had no legal backing. This will be facilitated for the operation of accounting rules that in some cases can be challenging, especially for organizations or large foundations, which have to meet similar standards to those in the business world.
Finally, the controversial Article 559 of the Civil Code, which allowed the President to provide for the dissolution of a corporation or foundation (and whose constitutionality had been put into question by the Supreme Court -but not by Constitutional Court - where Colonia Dignidad) has been completely rethought in terms that best meet the constitutional requirements relating to freedom of association. Now, the administrative authority loses that power, which is permanently based in the judiciary. Thus, in complex cases the Ministry of Justice may require the State Defense Council to exercise an action seeking the dissolution, which shall be exercised in a summary trial and can thrive only be prohibited if the association or foundation by the Constitution or seriously violate the law or statutes, or for having made an end or be entirely impossible to conduct. Surely there will be criticism
the new regime. "Administrationalisation Civil Code? The modified rules retained by the project may brand the Code, and maybe some of that prose is lost. However, in a matter in which Bello was not very safe guide in comparative law, prudence earlier invited him to trust political authority an important role in defining the regime of non-profit organizations. For the sake of freedom of association, this reform reduces important part of what was of questionable administrative intervention, and no doubt that efforts should not be censored.
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