Set-up NGO Romania
Do you want to set up an NGO but do not know exactly where to start? NGOs are non-governmental, private legal forms that are legally responsible for decisions taken in their own name. Main features: non-profit organizations (supporting international, regional or local communities) and non-profit, non-landowners - not have a profit-making goal. NGOs can have 3 legal forms: Federations, Associations, or Foundations.
What are the differences between Foundations, Associations and Federations?
The foundation must have a purpose of community or general interest, altruistic, realistic and determined. According to the law, the foundation is darker than the association and can be set up by one or more people.
The association represents a convention between several people who provide permanent material resources, workforce and knowledge, with the main contribution to supporting the activities of international, regional or local communities. According to the law, an association must consist of 3 children who contribute material / intellectual resources in order to carry out activities of personal, non-patrimonial interest of the members but also of general interest.
The Federation is very similar to a joint stock company consisting of legal entities, at least two foundations or associations (each holding its legal personality).
A very important aspect for setting up an NGO is its patrimony. For an association, it is relatively small (at least a minimum gross salary in the economy) in cash or in the nature of its associates, at its establishment. While, for a foundation, a patrimony of at least 100 times the gross minimum wage on the economy is needed at the date of establishment. This patrimony is necessary to support the purpose.
1. Proof of reservation of the name (as in the case of other companies) - takes about 5 days, is obtained from the general registry of the Ministry of Justice. It is valid for 6 months and the cost is 36 lei, and 18 lei for extension (if applicable)
2. Identity cards of the founders
3. Proof of registered office - contract for rent or lease (based on name reservation), the cost is about 30 lei
4. Affiliate owners and neighbor’s agreement (as applicable) - Standards form that you can download online
5. Constitutive act and statute - it must show the organization of NGOs (founding members, headquarters, management body, object of activity, purpose and objectives, patrimony, members' rights), they must be authenticated or legalized (by lawyer or notary), costs are about 200-300 lei for authentication
6. Fiscal record of the founders / legal entities (in the case of the federation) - it is obtained free of charge and is valid 30 days after its release by the ANAF by submitting the 504 form available online or on the spot.
After all the documents have been obtained and the patrimony has been deposited with a bank, proof of the deposit is added to the final file of establishment, which must be submitted to the court, where proof of payment of the stamp duty (about 20 lei) must be added to the CEC or ANAF . Additionally, a type request must be added to the President of the Court requesting the registration of the NGO in the register of legal persons without patrimonial purpose and the granting of the legal personality, and paying a stamp duty of 100 lei.
After filing the file, you get a registration number, and after 2 days with this number you will find online on portal.just.ro the date of the presentation before the court and the court panel. Following this look, if the judge decides to approve the establishment, you will be notified by mail through a copy of the court registration of the NGO's registration in the register of associations and foundations.
Still having trouble with following the process or gathering the necessary documents? Do not hesitate to contact our lawyers in Bucharest of support. We offer free consultation!
by Cristian Darie