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Register a Non Profit Organization in Macedonia

November 5, 2012, 4:51 pm
BridgeWest

The revised “Law On Associations And Foundations” published in the Official Gazette of Republic of Macedonia, No. 52 as of April 16, 2010 contains the main regulations for establishing non-profit organizations in Macedonia.

A non-profit organization opened in Macedonia cannot perform any activity with the scope of profit generation; only in certain cases the profits may be obtained only to support the objectives from the statuses. The activities of these types of organizations must be made public.

There are two forms of non-profit organizations in Macedonia: the foundations and the association.

The associations created in Macedonia may be created by at least five persons, from which at least three must have Macedonian residence. The founding act of the Macedonian associations must contain: the name and the registered address, the name and the address of the founders (and the unique registration number if the founder is a legal personality), the objectives.

The statute of the association established in Macedonia must contain the name and the registered address, the objectives, the activities which will be performed in order to achieve the objectives, the way a member is accepted or excluded, rights and liabilities of the members, types of bodies and their composition, way of acquiring assets, way of managing financial reports, way of establishing accountability and publicity of the work, way of amending the statute, way of distributing the assets in case of liquidation, way of reorganization or liquidation and other requirements established by the law.

The members of the association are joining the organization voluntary and have the same rights and liabilities as the present members.

Records of all the members and all boards’ members must be kept and must be updated at least once at every two years. The identity of the members may be kept secret at a special request.

The highest ranking body of an association created in Macedonia is the Assembly of the Association composed by all the members.

The association must also have one or two persons in charge with the representation. The representatives are elected in a way decided by the statute.

The foundations opened  opened in Macedonia must be established with a minimum value of assets of 10,000 € in Denar. If the registration of the foundation is required by a testament and it’s not made within 60 days, the assets are allocated according to the law.

The foundation is created by at least one natural person or corporate body with a founding act or as a will expressed in a legate or testament.

The founding act must contain the name and the address of the founder, the objectives and the value of the assets and must be signed by all the founders.

Just like in the case of the association, a foundation setup in Macedonia must have a statute containing the name and the address of the foundation, the objectives, the activities performed in order to obtain the goals, details regarding the internal organization and the way of appointing or dismissal of the members of the bodies, way of elaborating financial reports, way of receiving and using the assets, way of adopting amendments to the statute, way of distributing the assets after liquidation.

The foundation opened in Macedonia is governed by a Board and a Director and any other bodies appointed in the statute.

Foreign non-profit organizations may operate through the Macedonian territory if the domestic law is respected accordingly. The founding act of such organizations must contain the name and the seat, the objectives of the foreign organization and the objectives of the organizational type of the foreign entity, the name and the seat of the organizational type (affiliation, office or another organizational type of foreign organizations) of the foreign entity.

All types of organizations opened in Macedonia are gaining legal personality after registration in the registers maintained by the Central Registry of the Republic of Macedonia. The registers are: Registry of associations and registry of unions; Registry of foundations; Registry of organizational types of foreign organizations.

For this, the following documents must be presented: the statute, the founding act, the schedule of activities, details regarding the way of organization and elections of the bodies, decision of appointing the representatives and details regarding them, a declaration signed by the representative and checked by the notary that the activities are according to the law and the conditions for registration are met.

Along with the above, the organizational type of the foreign organization must also bring evidence of the existence of the company in the foreign country, photocopy and translation of the decision of opening an entity in Macedonia, photocopy of the statute, schedule of activities in Macedonia, decision of appointing the members of the board, decision of appointing the representative and details regarding it, decision of appointing the person which will register the entity in Macedonia.




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