Associations Law

What is an Association?

Association is called the grouping of people or entities with a common purpose. There are different types of associations that depend on the purpose that joins them. However, in the Legal area, the associations are characterized by being groups of people with the objective of carrying out a certain common collective activity, where in a democratic way their members are grouped together, they are non-profit and independent of any organization or political party, company or organization.

When a group of people is organized to carry out a certain collective non-profit activity, but which has legal personality, it is said to be a "Non-profit association", through which rights can be acquired and, therefore, obligations, through this type of association a differentiation is established between the assets of the association and that of the associated persons. Among other characteristics of this type of association are:

  • The possibility of a fully democratic operation.
  • Independence from other organizations.

What are the laws that govern the constitution of Associations?

With regard to this Law of the Constitution of Associations, it is considered that all people have the right to associate freely to achieve the achievement of lawful purposes. Therefore, in the constitution of associations and the establishment of the respective organization and operation of the same, it must be carried out within the parameters established by the Constitution, in the agreements of the Law and the rest that the legal system contemplates.

What are the fundamental characteristics that Associations should have?

In the different associations, there are a series of specific norms that are established by the association, according to the adjustment of an organic law that is in charge of regulating the fundamental right of association. And that in addition, this organic law has a supplementary nature, which means that in those cases where the rules are not regulated in specific rules but if the organic law will be governed by what is provided in it. And taking into account the provisions of the organic law, the associations must present some fundamental characteristics that would be those listed below:

  1. The minimum number of people that must integrate legal associations must be at least three (3) people.
  2. They must bear in mind the objectives and / or activities to be carried out within the association, which must be of a common nature.
  3. The operation within the association must be fully democratic.
  4. There must be an absence of profit motives.

In point 4) of the previous paragraph, the absence of profit motives is discussed, which means that the benefits or annual economic surpluses cannot be distributed among the different partners, but the following points are allowed:

  • You can have economic surpluses at the end of the year, which is generally desirable because the sustainability of the association is not compromised.
  • Have employment contracts within the association, which may be made up of partners and members of the board of directors, unless the statutes provide otherwise.
  • Economic activities can be carried out that generate economic surpluses for the association. These surpluses must be reinvested within the fulfillment of the objectives set by the association.
  • The partners must have the ability to act according to the entity and not have limited capacity to belong with respect to the association, in relation to a judicial sentence or some rule, for example, as is the case of the military and the judges. When one of the partners is a minor (since it is allowed), this capacity is supplied by their parents or legal representatives, since being a minor does not have legal capacity.

What are the fundamental organs of an Association?

The bodies that make up the laws of an association are specifically two:

  1. Government bodies: known as "Assemblies of Members".
  2. Representative bodies: Generally, they are appointed from among the members of the same association (governing body) and, it is called "Board of Directors", although they can be known under other names such as: executive committee, government committee, government team, management board, etc. .

Despite the fact that within an association freedom of association is established, it can establish other internal bodies through which certain functions can be added, such as work committees, control and / or audit bodies, to carry out a better functioning of the Asociation.

What are the fundamental characteristics that the General Assembly of the Association must meet?

The General Assembly is constituted as the body where the sovereignty of the association is established and which is composed of all the partners and, its fundamental characteristics are the following:

  • They must meet at least once a year, on an ordinary basis, in order to approve the accounts for the year that ends and study the budget for the year to begin.
  • Calls must be made on an extraordinary basis when a modification of the bylaws and everything that is foreseen in them is required.
  • The partners themselves will set the statutes and the form of adoption of the resolutions for the constitution of the assembly with a required quorum. If the case of not being regulated by statutes occurs, the Associations Law establishes the following conditions:
  • That the quorum must be made up of a third of the associates.
  • The agreements established in the assemblies will be given by a qualified majority of the people who are present or represented, in this case the affirmative votes must be a majority compared to the negative ones. This means that the positive votes must be exceeded by half, the agreements contemplated will be agreements related to dissolution of the association, modification of the Statutes, disposition or disposal of assets and remuneration of the members of the representative body.

According to the established Law, what is the functioning of the Board of Directors within an Association?

The Board of Directors is the representative body in charge of carrying out the procedures within the association of assemblies and, therefore, its powers will extend, in general, to all its own acts that contribute to the purpose of the association, provided that they do not require, in accordance with the Statutes, an express authorization from the General Assembly.

Therefore, the operation of the representative body will depend on what is established in the Statutes, as long as they do not contradict the Law established according to Article 11 of Organic Law 1/2002, of March 22, Regulating the Right to Association, which includes the following:

[…] one. There will be a representative body that manages and represents the interests of the association, in accordance with the provisions and directives of the General Assembly. Only associates may form part of the representative body.

To be a member of the representative bodies of an association, without prejudice to what is established in their respective Statutes, the essential requirements will be: be of legal age, be in full use of civil rights and not be involved in the incompatibility reasons established in current legislation.

What is the operation of an Association?

Regarding the functioning of an association, this must be completely democratic, which translates, in general, in terms of the assembly, with a series of specific characteristics to the different associations, which are determined according to the size of the assembly. of its partners, the type of people that make it up, according to the purpose of the entity and in general terms, adjusting to the needs that the association requires.

On the other hand, it is important to understand that all partners are essentially the same within an association, for this reason, within the association there may be different types of affiliation, each with its duties and rights. In this case, the honorary members may have a voice but no vote in the respective assemblies.

What is the applicable Legislation in the Assemblies?

An Association is governed by several Specific Laws. Some of these rules are relatively old and short.

Among these laws are the Organic Law 1/2002, of May 22, Regulating the Right of Association, on a supplementary basis. Where it exposes, those extreme situations that may not be regulated in the law of internal rank and, if it is the case that they are, then it will be applicable to what is established in the organic law.

In very particular cases, such as those that refer to professional or business associations, it is necessary to take into account that the Specific Law and the Organic Law must be handled.

On the other hand, there are also laws that are generic in nature, these are applicable to entities whose fundamental scope of action is limited to a single autonomous community. An Autonomous Community, refers to that community that has legislated to that effect, something that has not happened in all other communities.

For this reason, the respective substantive legislation applicable to non-profit associations can be organized into three sections that are detailed below: 

  1. STATE REGULATIONS.

  • Organic Law 1/2002, of March 22, regulating the Right of Association.
  • Royal Decree 1740/2003, of December 19, on procedures related to public utility associations.
  • Royal Decree 949/2015, of October 23, which approves the Regulations of the National Registry of Associations.

  1. REGIONAL REGULATIONS

Andalusia:

  • Law 4/2006, of June 23, on Associations of Andalusia (BOJA no. 126, of July 3; BOE no. 185, of August 4).

Canary Islands:

  • Law 4/2003, of February 28, on Canary Islands Associations (BOE no. 78, of April 1).

Catalonia:

  • Law 4/2008, of April 24, of the third book of the Civil Code of Catalonia, relating to legal persons (BOE no. 131 of May 30).

Valencian Community:

  • Law 14/2008, of November 18, on Associations of the Valencian Community (DOCV no. 5900, of November 25; BOE no. 294, of December 6).

Basque Country:

  • Law 7/2007, of June 22, on Associations of the Basque Country (BOPV No. 134 ZK, of July 12; BOE No. 250, of October 17, 2011).
  • Decree 146/2008, of July 29, approving the Regulations on Public Utility Associations and their Protectorate (BOPV No. 162 ZK, of August 27).

  1. SPECIFIC RULES.

Youth Associations:

  • Royal Decree 397/1988, of April 22, which regulates the registration of Youth Associations

Student Associations:

  • Article 7 of Organic Law 8/1985 on the right to education
  • Royal Decree 1532/1986 that regulates Student Associations.

University student associations:

  • Article 46.2.g of Organic Law 6/2001, of December 21, on Universities.
  • In matters not contemplated in the previous legislation, we must refer to Decree 2248/1968, on Student Associations and the Order of November 9, 1968, on rules for the registration of Student Associations.

Sports associations:

  • Law 10/1990, of October 15, on Sports.

Fathers and mothers associations:

  • Article 5 of Organic Law 8/1985, of July 3, regulating the right to education.
  • Royal Decree 1533/1986, of July 11, which regulates the associations of parents of students.

Consumer and user associations:

  • Royal Legislative Decree 1/2007, of November 16, approving the revised text of the General Law for the Defense of Consumers and Users and other complementary laws.

Business and professional associations:

  • Law 19/1977, of April 1, on regulation of the Right to Trade Union Association.
  • Royal Decree 873/1977, of April 22, on the deposit of the statutes of the organizations established under Law 19/1977, regulating the right of trade union association.

Complementary Legislation:

  • Law 13/1999, of April 29, on Cooperation for the Development of the Community of Madrid
  • Law 45/2015, of October 14, on Volunteering (statewide)
  • Law 23/1998, of July 7, on International Development Cooperation
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