Legal status
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). The Civil Code of Germany contains different regulations for registered non-profit and for-profit associations regarded as juristic persons ("Vereine", articles 21-79) on the one hand and for not necessarily registered associations by contract ("Gesellschaften", articles 705-740) on the other hand. In Texas, state law has statutes concerning unincorporated nonprofit associations that allow unincorporated associations that meet certain criteria to operate as entities independent of their members, with the right to own property, make contracts, sue and be sued, with limited liability for their officers and members.
Civil law
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
Collective
Cooperative
Ry
Society
Swiss Verein
Monday, October 8, 2007
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