Page:Albania Law No. 8788 On Non-Profit Organizations.pdf/5

 Registration of Non-Profit Organizations

Non-profit organizations that are subjects of this law acquire juridical ability after they are established and registered in court, in conformity with the conditions and procedures provided for in the law. Branches of foreign nonprofit organizations are also subject to the same registration procedures. The founders of a non-profit organization meet and approve its establishment act and its charter, and may also authorize one or more persons to perform the acts of registration.

The conditions contemplated in the second paragraph of this article are not applicable to foundations that are established based on the basis of a testament. If they meet the legal criteria, these foundations shall be registered by respecting the general juridical-civil rules of execution of a testament. The procedures for the registration of non-profit organizations in court and the deposit of their documents into the respective Register are regulated by separate law.

'''Article 14 Judicial Personality''' A non-profit organization is recognized as a juridical person on the day the decision of the court for its registration becomes final.

After it has gained juridical personality, a non-profit organization is responsible to the third parties for the obligations and damages caused during its activity.

The juridical personality of a non-profit organizations terminates on the day the decision of the court for its de-registration becomes final.

'''Article 15 Duration of non-profit organizations'''

Non-profit organizations are established with or without a term.

The duration of the activity of a non-profit organization and the rules for changing it are set in its charter.

'''Article 16 Establishment Act'''

The establishment act is the document through which its founders express their will to establishment the non-profit organization.

A foundation may also be established through a testament. In that case, the testament constitutes the establishment act of the foundation.

The establishment act is drafted in writing and contains, in a summary manner: the type, name, headquarters, identity of the founders, purposes and field of activity, duration, the name of the person authorized to follow the necessary procedures for the registration of the non-profit organization and for its legal representation relation with third parties.

In the case of a foundation, the establishment act shall show the nature, source and value of the property necessary to fulfill the aim and field of activity of the foundation.

In the case of establishment of a foundation through a will, its content does not have to provide all the items indicated in the third and fourth paragraphs of this article.

Decisions for changes in the act of establishment with respect to the name, symbol, object, purposes, field of activity of non-profit organizations, as well decisions to transform it into another form of non-profit organization, shall be submitted to the court within 30 days from the date the decision is taken.

Changes in the establishment act are subject to the same procedure used in the case of initial registration of the organization.