Law Association Ppt

ASSOCIATIONS

Limbago, Mario

Sejane, Chelsea Dayag, Angelo Jade

What is an Association?

A body of persons organized for the prosecution of some purpose, having no charter from state, but having the general form and mode of procedure of a corporation. (International Webster Dictionary)

O Any group of people who have joined together for a particular purpose, ranging from social to business, and usually meant to be a continuing organization.

O It can be formal, with rules and/or by-laws, membership requirements and othertrappings of an organization, or it can be a collection of people without structure. 

General RuleO Non-stock, non-profit corporationO Among other requirements,

accredited non-stock, non-profit corporations must be organized exclusively for one or more of the following purposes: religious, charitable, scientific, athletic, social welfare, or cultural purposes, or the rehabilitation of veterans (Revenue Regulation No.13-98 Section 1a).

Article 1775Associations and Societies, whose articles are kept secret among members, and wherein any one of the members may contract in his own name with third persons, shall have no juridical personality, and shall be governed by the provisions relating to co-ownership.

NON-STOCK CORPORATION

Power to make Profit and Engage in Business

Section 87O Incidental ProfitO Profit Obtained from investment of

accumulated funds-May subscribed to the capital

stock-Invest in Commercial Paper-Articles of Incorporation

Formation

Registration of a Non-Stock Corporation

O Name Verification SlipO Articles of Incorporation and by lawsO Affidavit of an incorporator or director

undertaking to change Corporate NameO List of Members, Certified by the corporate

secretaryO List of Contributors and amount contributed

certified

Members, Trustees and Officers

O Section 89 (Right to Vote)O Section 90 (Non-transferability of membership)O Section 91 (Termination of membership)O Section 92 (Election and term of trustees)O Section 93 (Place of meetings)

Dissolution

1. All liabilities and obligations of the corporation shall be paid, satisfied and discharged, or adequate provision shall be made therefore;2. Assets held by the corporation upon a condition requiring return, transfer or conveyance, and which condition occurs by reason of the dissolution, shall be returned, transferred or conveyed in accordance with such requirements;

Section 94 (Rules for distribution)

3. Assets received and held by the corporation subject to limitations permitting their use only for charitable, religious, benevolent, educational or similar purposes, but not held upon a condition requiring return, transfer or conveyance by reason of the dissolution, shall be transferred or conveyed to one or more corporations, societies or organizations engaged in activities in the Philippines substantially similar to those of the dissolving corporation according to a plan of distribution adopted pursuant to this Chapter;

4. Assets other than those mentioned in the preceding paragraphs, if any, shall be distributed in accordance with the provisions of the articles of incorporation or the by-laws, to the extent that the articles of incorporation or the by-laws, determine the distributive rights of members, or any class or classes of members, or provide for distribution; and5. In any other case, assets may be distributed to such persons, societies, organizations or corporations, whether or not organized for profit, as may be specified in a plan of distribution adopted pursuant to this Chapter. (n)

The board of trustees shall, by majority vote, adopt a resolution recommending a plan of distribution and directing the submission thereof to a vote at a regular or special meeting of members having voting rights. Written notice setting forth the proposed plan of distribution or a summary thereof and the date, time and place of such meeting shall be given to each member entitled to vote, within the time and in the manner provided in this Code for the giving of notice of meetings to members. Such plan of distribution shall be adopted upon approval of at least two-thirds (2/3) of the members having voting rights present or represented by proxy at such meeting.

Section 95 (Plan of distribution of assets)

ADDITIONAL REQUIREMENTSOther Non-Stock Corporation

Registration of a Non-Stock CorporationO Name Verification SlipO Articles of Incorporation and by lawsO Affidavit of an incorporator or director

undertaking to change Corporate NameO List of Members, Certified by the

corporate secretaryO List of Contributors and amount

contributed certified

*those mentioned above need not to be submitted if present in the articles of Incorporation

FOUNDATIONO Notarized Certificate of Bank

Deposit of the Contribution of not less than P1M.

O Statement of Willingness to allow commission to conduct an audit

O Modus Operandi or Plan of Operation

SEC Memorandum Circular No. 1Series of 2004

Section 3The corporation name shall contain the

word “Foundation”

Section 4Statement of Funds Application executed

under oath by the President of the foundation, setting forth in detail the sources and amount of funds established, the name of the beneficiaries and corresponding amount of funds granted or endowed thereto by the foundation.

Section 5Upon application by an

interested party , the Commission may grant exceptions to those guidelines on a case to case basis for meritorious and justifiable reasons established by the applicant and under such terms and conditions as the Condition may impose.

Section 6All other circulars, rules, orders,

and issuances, or part thereof inconsistent with the Memorandum Circular are hereby repealed or modified accordingly.

Section 7The guidelines shall take effect

immediately after publication I a newspaper of general circulation.

RELIGIOUSO Affidavit of Affirmation or

verification by the chief priest, rabbi, minister, or presiding elder.

FEDERATIONSO Federations- Certified list of

members- association by corporate secretary or president

O Republic Act No. 2640AN ACT TO CREATE A PUBLIC

CORPORATION TO BE KNOWN AS THE VETERANS FEDERATION OF THE PHILIPPINES, DEFINING ITS POWERS, AND FOR OTHER PURPOSES

CONDOMINIUMO Association Master Deed with

primary entry of the Register of Deeds and certification that there is no existing similar condominium project.

O Republic Act No. 4726AN ACT TO DEFINE CONDOMINIUM,

ESTABLISH REQUIREMENTS FOR ITS CREATION AND GOVERN ITS INCIDENTS

NEIGHBORHOODO Certificate from the Housing and

Use Regulatory Board (HLURB) that there is no existing homeowners’ or similar association in the community where association is to be established

O Republic Act 9904

THE ENDThank You for Listening!