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Bosnia Herzegovina

FEDERATION LAW ON ASSOCIATION’S OF CITIZENS 1995

I. GENERAL PROVISIONS

Article 1

This law stipulates conditions and procedures for founding, organizing, acting and terminating of an association of citizens as well as other issues of importance for establishment of statuary freedoms of citizens to freely and voluntarily associate in associations of citizens (hereinafter “Associations”)

Article 2

Citizens freely and voluntarily associate with an aim to realize their cultural, educational, artistic, scientific, medical, social, humanitarian, sports, technical, professional, innovating, ecological and other activities, needs and interest in accordance with law.

Each citizen of BH Federation (hereinafter “Federation”) can, under the same conditions stipulated by a statute, become a member of an association.

The  form of an association is decided by citizens as founders, namely members of an association.

Article 3

An association is managed by its members directly or through appointed representatives in managing bodies stipulated by a statute.

Article 4

An association can within its domain of activities and programme goals establish subjects for economic and other activities under conditions stipulated by this law and statute.

Article 5

By law and by a municipal decision based on law an association can be entrusted to carry out public authorizations its domain of activities.

If an association is entrusted performance of public authorizations, an association is obliged to secure legal and undisturbed performance of public authorizations.

Article 6

An association has a statute of a legal entity.

Article 7

Activities of an association are public.

Methods of securing public operation are stipulated by statute of an association.

Article 8

Founding and activity of certain kinds of associations, as well as other issues of free voluntary associating of citizens, can be differently regulated by a special law, if this is necessary and not in contradiction with provisions of this law.

II. CONDITIONS AND METHOD OF FOUNDING AN ASSOCIATION

Article 9

An association can be founded by at least 30 adults of citizens of Federation capable for business. Founding assembly of an association passes a decision on founding, statute of association and appoints managing bodies.

Article 10

Decision on founding an association contains:

- names and family names of founders;

- name of an association;

- seat of an association;

- basic goals for founding an association;

- name and family of a person who will carry out activities related to enrollment and register of an association.

Article 11

An association has a statute.

A statute of an association contains especially:

- name, seat and region at which an association is acting;

- activity of an association;

- purpose and programme goals of an association;

- conditions and methods of membership and termination of membership, as well as the rights, obligations and responsibilities of members of an association;

- managing boards of an association, methods of their appointment, conditions and method of their recalling, duration of their mandate, methods of decision-making and responsibilities;

- methods of acquiring, using and dispositing financial resources of an association;

- methods of taking a decision of termination of an association;

- public aspects of work;

- methods of passing a statute, amendments and addenda of a statute;

- stamp;

- representing an association.

Article 12

An association can associate into unions and other forms of associations in accordance with statute.

Article 13

Associations  which were founded in accordance with this law can become members of international associations if activities of such associations are not in contradiction with constitutions and law.

III. NAME AND SEAT OF AN ASSOCIATION

Article 14

Name of an association must be in Bosnian or Croat language in latin alphabet.

Name of an association generally should direct to activity of an association. Name, namely insignia of an association must not contain an official state characteristic and the names of other states.

Seat of an association is the place specified by a statute.

Article 15

For introduction of names of historic and other famous personalities into the names of an association it is necessary to obtain license from management organs which are controlling legality of work of an association, as well as consent of family members of such a person up to the third degree of kinship if not otherwise stipulated by law or other regulations.

Article 16

At the request of managing organ which is controlling legality of work of an association or relatives from article 15 of this law, an organ keeping register of an association can delete the name of diseased, historic or famous person from the name of an association if it should be ascertained that by activity of such an association the reputation of such a person has been spoiled.

Article 17

Name of Federation cannot be entered into the name of an association, as well as the name of canton and municipality unless it is approved by Bosnia and Herzegovina Federation government organs (hereinafter “Federation Government”), namely approval by government or municipal chief of staff.

Article 18

Two or more associations under the same name cannot be enrolled with the same organ keeping register of associations.

Article 19

Name of an association must be placed at the building where the seat of an association is located.

Name of an association from paragraph 1 of this article corresponds to the name enrolled in the register.

IV. ASSOCIATIONS OF FOREIGNERS AND INTERNATIONAL ASSOCIATIONS

Article 20

Permanent residence foreigners who are staying longer that one year at the territory of Federation can alone, or with Federation citizens, found as association in accordance with this law.

Article 21

International associations and their organs, representing offices, bureaus and other organizational forms can have their seats at the territory of Federation if they get approval for that from Federation Government and if their activities are not in contradiction with constitution, law and international contract which was accepted by Federation Government.

Article 22

International associations from article 21 of this law submit a request for enrollment, a list of members of their representing office or another organizational forms, a statute or a relevant document of such an association to BH Federation Ministry of Justice (hereinafter “Ministry of Justice”).

V. REGISTRATION OF AN ASSOCIATION

Article 23

An association is enrolled into a register of associations (hereinafter: “register”).

An association acquires statutes of a legal entity with the date of its registration in the register.

Register of association is kept by the Ministry of Justice if statute of an association stipulates that an association will operate at the territory of one more cantons. If statute of an association stipulates that an association will operate at the territory of one canton – the  register of such an association is kept by relevant cantonal ministry.

Bosnia and Herzegovina Federation Minister of Justice (hereinafter “Minister of Justice”) will prescribe the forms and methods of keeping a register of associations.

Register of association is a public document.

Article 24

Associations which are not registered in accordance with provisions of this law cannot operate at the territory of Federation.

Article 25

The following is enclosed with a request for registration:

- decision on founding;

- protocol of session of founding assembly;

- list of founders and members of managing bodies;

- statute;

- names and family names of persons authorized for representing.

Article 26

The name of an association can be enrolled into a register in translation to one or more foreign languages so that the name in Bosnian or Croat language be on the first place.

Along with full name of an association, an abbreviated name can be used and it must contain a characteristic part of name of an association.

An abbreviated name of an association will be enrolled in the register.

A name and an abbreviated name of an association must be used in form and contents as enrolled in the register.

If in a name or an abbreviated name of an association in the register, a name or an abbreviated name translated into a foreign language is enrolled, a name or an abbreviated name translated into a foreign language can be used only together with a name in Bosnian and Croat language.

Article 27

A request for enrolling in register must be submitted within 15 days of holding a founding assembly.

Relevant ministry will pass a decision upon request for enrollment in register.

A decision of enrollment in register contains the date of enrollment, number of register under which an association was enrolled, basic contents of activities and area at which an association will operate, names of authorized persons for representing, name and seat of an association.

Article 28

Relevant ministry is committed to pass a decision upon request for enrollment within 30 days of the day of submittance of a request for enrollment.

If relevant ministry ascertains that a request for enrollment is not accompanied by all enclosures as stipulated in article 25 of this law, namely, if it ascertains that statute of an association is not in accordance with provisions of constitution and law, it will ask the submitter of a request for enrollment to eliminate all shortcomings within 30 days.

Should the submitter of a request for enrollment not eliminate all shortcomings within set deadline, relevant ministry will refuse a request for enrollment in register.

Article 29

Relevant ministry will refuse a request for enrollment if:

- an association was not founded in accordance with this law;

- by its statute goals it instigates or invites to forcible violation of constitutional order, independence, unified or territorial integrity of Federation;

- by its name it does distinctly differ from already registered associations.

If relevant ministry receives two or more requests for registration of association with the same name, approval for registration will be granted to an association  which first submitted its request.

If an association uses the same or similar name of previously registered association, the association whose rights are violated can, within 30 days of learning this, request for protection of these rights from a relevant court.

Article 30

It is not allowed to complain against decision of relevant ministry from article 27, article 28, paragraph 3, article 35, paragraph 2 of this law, but an administrative matter can be filed with relevant court.

Article 31

Associations are obliged to submit to relevant ministry information on changes of a statute, name, seat, activity, name and family names of persons authorized for representing, members of managing boards and report for termination within 15 days of adoption of changes.

Associations are obliged to submit an application for associating in unions, international associations and other forms of associations.

An application for a change will be accompanied by a protocol from session of managing body which decided about the change from paragraph 1, namely about associating from paragraph 2 of this article, as well as a decision on adopted changes or associating respectively.

A decision will be passed on enrollment in register of change from paragraph 1.

VI. FINANCIAL RESOURCES FOR OPERATION OF AN ASSOCIATION

Article 32

Associations acquire financial resources from membership fees, gifts, contributions and incomes from companies they own and other sources in accordance with law.

Article 33

Associations are obliged to keep business records and compile financial reports in accordance with regulations of Federation and canton.

VII. TERMINATION OF AN ASSOCIATION

Article 34

Associations terminate when a relevant ministry passes a final decision on termination or when a relevant court passes an irrevocable decision on termination of an association.

Article 35

An association terminates:

- if a relevant managing body passed a decision on termination of association;

- if it is ascertained that an association ceased to operate;

- if time for holding annual assembly stipulated by statute was exceeded twofold and assembly session was not convened;

- if number of members of an association is reduced below the number required for founding an association;

When a relevant ministry establishes ascertains facts from paragraph 1 of this article, it passes a decision on termination of an association.

Article 36

An association will be prohibited to operate in the following cases:

-if it operates in contradiction with provisions of statute and this law;

-if it associated in an international association or organization or if it cooperates with international associations the activities of which are not in line with a contract or law.

Procedure for prohibition of operation of an association will be initiated by a relevant prosecutor.

Article 37

Decision on prohibition of operation of an association will be taken by the supreme court of Bosnia and Herzegovina Federation or a relevant cantonal court.

During the procedure for prohibition of operation of an association, provisions of law on criminal procedures valid for entire Federation territory will apply.

Article 38

By decision on prohibition of operation of an association, the court will order dissolving of an association and will specify measures regarding assets as well other necessary measures.

An association whose operation is prohibited by final decision of a relevant ministry or by irrevocable decision of the court, will be deleted from the register.

Article 39

Decision on enrollment in register and termination of operation of an association will be published in Bosnia and Herzegovina Federation “Official Gazette” for associations registered in Ministry of Justice register or in cantonal “ Official Gazette” for associations registered in relevant ministry’s register respectively.

Cost of publishing the decision will be borne by an association.

VIII. SUPERVISION UPON LEGALITY OF OPERATION OF AN ASSOCIATION

Article 40

Supervision upon legality of operation of an association is carried out by a ministry, to area of which belongs monitoring of situation in the domain to which operation of an association is related.

If operation of an association is carried out at the area of one canton, supervision upon legality of operation will be carried out by relevant cantonal ministry, and if operation of an association is carried out at the area of two or more cantons, supervision upon legality of operation will be carried out by Federation ministry.

Article 41

In carrying out administrative supervision upon performing of assigned public authorizations of an association, relevant ministries carrying out supervision stipulated in article 40 of this law, have the rights and obligations especially:

1. to resolve complaints against passed administrative documents in performing assigned public authorizations;

2. to practice other rights which in accordance with law has a second degree organ in an administrative procedure;

3. to give expert instructions and explanations for implementation of law, other regulations and general documents pertaining to performance of assigned authorizations.

Article 42

Associations performing public authorization are obliged to submit a report on performing assigned public authorizations to an administrative body which is carrying out supervision upon their operation once a year at least.

Article 43

If an association which is performing public authorization does not perform assigned tasks in accordance with its obligations, a relevant ministry carrying out supervision, is obliged to warn managing body of an association and propose the measures and, if necessary, it is obliged to undertake other measures within the domain of its duties and obligations.

IX. PENALTIES

Article 44

An association will be fined with 200 to 1.000 DM, payable in German marks or equivalent in Federation money at an average exchange rate published by Bosnia and Herzegovina Federation Central bank (hereinafter “average exchange rate of Federation Central bank), for offences;

-if an association carries out tasks and activities which are not in accordance with goals stipulated by association’s statute (article 4);

-if an association acquires financial resources in a manner which is in contraction with provisions of article 32 of this law;

-if an association does not keeps books and does not compile financial reports in accordance with article 33 of this law.

For an offence from paragraph 1 of this article a responsible person in association will be fined with 100 to 300 DM payable in DM or equivalent in Federation money at an average exchange rate of Federation Central bank.

Article 45

An association will fined with 200 to 800 DM payable in DM or equivalent Federation money at an average exchange rate of Federation Central bank for offences if:

-an association does not submit to relevant ministry a report about changes of statute, name, seat, name of persons authorized for representing, names of managing board and decision on termination of an association (article 31);

For offence quoted in paragraph 1 of this article, a responsible person of an association will be fined with 150 to 300 DM payable in DM or equivalent Federation money at an average exchange rate of Federation Central bank and also a person responsible for representation if the person does not submit a request for registration (article 27)

X. TRANSITIONAL AND FINAL PROVISIONS

Article 46

Associations founded and registered before putting this law into effect in accordance with regulations which applied at the territory of Federation, and which decide to continue their operation in accordance with this law, are obliged within six months of putting this law into effect to align their general documents with provisions of this law and submit the aligned documents and a document on registration to a relevant ministry within the same deadline.

Relevant ministry will carry out registration of such an association from paragraph 1 of this article in register of association in a manner specified in article 23, paragraph 4 of this law.

Article 47

Minister of Justice will pass regulations specified in article 23 of this law within 30 days of putting this law into effect.

Article 48

This law will put into effect on the eighth day of publishing at BH Federation “Official Gazette”.

President of

Constitutional Assembly

Mariofil Ljubic