[Site Web]; Algerian Law on Associations

Ceci est une tradction vers l'Anglais de la loi algérienne de 1990 sur les associations.

Origine : http://www.pogar.org/publications/other/laws/associations/alg-law-association-90-e.pdf



1
Algeria
Law on Associations
Law n° 90-31 of December 4, 1990 relating to associations
(N° JORA: 053 of the 05-12-1990)
The president of the Republic,
Considering the Constitution, in particular its articles 32, 39, 40, 53, 113, 115 and 117;
Considering the ordinance n° 66-156 of June 8, 1966, modified and supplemented, bearing
Penal code;
Considering the ordinance n° 75-58 of September 26, 1975, modified and supplemented,
bearing Civil code;
Considering the law n° 87-15 of July 21, 1987 relating to associations;
Considering the law n° 89-11 of July 5, 1989 relating to associations to
political character;
Considering the law n° 90-08 of April 7, 1990 relating to the commune;
Considering the law n° 90-09 of April 7, 1990 relating to the wilaya;
After adoption by the national popular Parliament;
Promulgate the law whose content follows:
TITRATE I GENERAL PROVISIONS
Article 1st. - the present law has the aim of determining the methods of constitution,
organization and operation of associations.
Art. 2. - association constitutes a convention governed by the laws in force within the
framework of which persons or entities
gather on a contractual basis and with a nonlucrative aim.
They share for this purpose for one given or unspecified duration their knowledge and their
means for promotion
activities of nature in particular professional, social, scientific, religious, educational, cultural
or sporting.
The object of association must be given with precision and its denomination to correspond to
him.
2
Art. 3. - the unions, federations or confederations of associations constitute associations
within the meaning of the present law.
CONTAIN II CONSTITUTION AND OPERATION OF ASSOCIATIONS
Chapter 1st Constitution
Art. 4. - Subject to the provisions of article 5 of this law, all major people can found, manage
or direct one
association if they:
- are of Algerian nationality,
- enjoy their civil laws and civic,
- did not have a contrary control with the interests of the fight of national release.
Art. 5. - Is null full, association:
- based on a contrary object with the institutional system, established, with the law and
order, the moralities or the laws and payments in force,
- whose founder members do not meet the conditions fixed at article 4 of this law.
Art. 6. - association is constituted freely by the will of its founder members, at the end of a
constitutive general assembly,
bringing together at least fifteen (15) founder members, who adopts the statutes and
designates for them the persons in charge for its bodies of direction.
Art. 7. - association is regularly made up afterwards:
- deposit of the declaration of constitution near the public authority concerned aimed to
article 10 of this law.
- delivery of a receipt of recording of the declaration of constitution by the qualified
public authority at the latest sixty (60)
- days after the deposit of the file, examination of conformity to the provisions of this
law,
- achievement with the expenses of the association of the formalities of publicity in at
least a daily newspaper of information to national diffusion.
Art. 8. - If the authority competence estimates that the constitution of association is against
the provisions of this law, it seizes,
eight (8) days at most, before the expiry of the period envisaged with the preceding article for
the delivery of the receipt of recording, the administrative room of the court territorialement
3
qualified, which must rule in the thirty (30) days of sasine.
In the absence of sasine of the jurisdiction, association is considered regularly made up with
the expiry of the period planned for the delivery of the receipt of recording.
Art. 9. - the declaration of constitution aimed to article 7 of this law is accompanied by a file
including/understanding:
- the list of names, the signature, the marital status, the profession, the residence of the
founder members and the bodies of direction,
- two (2) certified specimens of the statutes,
- the official report of the constitutive general assembly.
- Art. 10. - the declaration of constitution of an association is deposited, at the request of
its founder members, the proper authorities
- following:
- the wali of the wilaya of the seat, for associations whose territorial field relates to one
or more communes of same a wilaya,
- the Minister of Interior Department for associations with national vocation or
interwilayale.
Chapter 2 Rights and obligations
Art. 11. - associations are distinct by their object, their denomination and their operation, of
any association with character
policy and can maintain with them any relation that it is organic or structural neither to
receive subsidies, of which or legacy in some form that these either of their share nor to take
part in their financing.
Art. 12. - the members of associations exert the rights and are subjected to the obligations
envisaged by the legislation in force within the limit of the statutes.
Art. 13. - Any member of an association has the right to take part in the bodies of direction of
association within the framework of his statutes and of the provisions of this law.
Art. 14. - the bodies of direction of association are elected and renewed according to
democratic principles' and at the limits fixed in the statutes.
Art. 15. - Except in the cases expressly envisaged by the law, it is interdict with any legal
entity or physical to interfere into the operation of an association.
Art. 16. - association acquires the legal entity and the civil capacity as of its constitution, in
accordance with article 7 above and can of this fact:
4
- be party to legal proceedings and to exert in particular in front of the courts of
jurisdiction, the rights reserved to the civil consequently part of facts in connection
with its object and having carried damage with the individual or collective interests of
its members,
- to represent association near the public authorities,
- to conclude any contract, convention or agreement in connection with its object,
- to acquire, on a purely gracious or expensive basis, of the movable or real property for
the exercise of its activities as envisaged by its statutes.
Art. 17. - associations must make known with the qualified public authority, envisaged in
article 10 of this law, all the modifications made to the statutes and all the changes intervened
in the bodies of direction, in the bodies of direction, the thirty (30) days which follow the
decisions taken.
These modifications and changes are opposable with the thirds only as from the day of their
application in at least a daily newspaper of information to national diffusion.
Art. 18. - associations are held to provide regularly, with the public authority concerned, the
information relative to their manpower, the origins of their funds and their financial standing
following of the methods laid down by lawful way.
Art. 19. - Within the framework of the legislation in force, association can enact and diffuse
bulletins, reviews, information memoranda and booklets in connection with its object.
The principal bulletin must be published in Arab language in the respect the laws in force.
Art. 20. - association is held to subscribe an insurance in guarantee of the pecuniary
consequences attached to its civil liability.
Art. 21. - Only associations in national matter, can, in the respect of the legislative and lawful
provisions into force, to adhere to international associations working towards the same ends
or of the similar goals.
This adhesion can intervene only after agreement of the Minister of Interior Department.
Chapter 3 Statute of associations
Art. 22. - the general assembly is the sovereign body of association, it is consisted the whole
of her members meeting the conditions of vote established in the statutes of association.
Art. 23. - the statutes of associations must state, under penalty of nullity:
- the object, denomination and the seat of association,
- mode of organization and the field of jurisdiction ratione loci,

SUITE....

5
- rights and obligations of the members and their having right if necessary,
- conditions and procedures of affiliation, withdrawal, radiation and exclusion of the
members,
- possible conditions attached to the voting rights of the members,
- rules and methods of designation of delegated to the general assemblies,
- the role of the general assembly and the bodies of direction and their operating mode,
- mode of designation and renewal of the bodies of direction as well as the duration of
their mandate,
- rules of quorum of the majority necessary for the decisions of the general assembly
and the bodies of direction,
- rules and procedures of examination and approval of the approval and management
and control reports of the accounts of association,
- rules and procedures of devolution, the inheritance in the event of dissolution of
association.
Art. 24. - It is interdict with associations to introduce into their statutes or to practise any
discrimination between their members likely to carry reached to their fundamental freedoms.
Art. 25. - the members hip of an association is acquired by the signature by the interested party
of an accession act and is attested by a document delivered by association with the interested
party.
Chapter 4 Resources and inheritance
Art. 26. - the resources of associations are consisted:
- contributions of their members,
- incomes related to their activities,
- gifts and legacy,
- possible subsidies of the State, the wilaya or the commune.
Art. 27. - associations can have incomes related to their activities, provided the
aforementioned incomes are exclusively used with the realization of the goals fixed by the
statutes and the legislations in force.
Art. 28. - the gifts and legacies with loads and conditions are accepted by associations only if
these loads and conditions are compatible with the goal assigned by the statutes and with the
provisions of this law.
6
The gifts and legacies of associations or foreign organizations are admissible only after
agreement of the qualified public authority which checks of them the origin, the amount,
compatibility with the goal assigned by the statutes of association and the constraints that they
can give birth to on it.
Art. 29. - In addition to the resources envisaged in article 25 of this law, associations can have
incomes rising from public searches authorized under the conditions and forms envisaged by
the legislation and the regulation in force.
They are held to declare at the end of the search to the qualified public authority, the result of
each authorized search.
Art. 30. - When the activity of an association is considered by the public authority as being of
general interest and/or public utility, association concerned can profit on behalf of the State,
the wilaya or the commune, of subsidies, material aids and of all other matched contributions
or not of conditions.
When the authorized subsidies, assistances and contributions are matched conditions, their
granting can be subordinated to adhesion by profit association with a preestablished contract
specifying the work programmes and the methods of their control, in accordance with the
legislation in force.
Art. 31. - Except authorization of the proper authority, the use by association at other ends
predetermined by the conceding administration, of the subsidies, assistances and
contributions, constitutes an infringement and engages, for this reason, the responsibility for
its leaders.
CONTAIN III SUSPENSION AND DISSOLUTION
Art. 32. - Without damage of the laws and payments in force, on request of the qualified
public authority and under the conditions envisaged in article 33 of this law, the courts of
jurisdiction, can pronounce the suspension of any activity of association and all academies
measurements concerning the management of the goods.
The aforementioned measurements automatically cease, in the event of rejection by the
jurisdiction concerned of the request, notwithstanding any ground for appeal.
Art. 33. - the dissolution of an association can voluntary or be pronounced by legal way.
Art. 34. - voluntary dissolution is pronounced by the members of association or their regularly
designated delegates and this, in accordance with the provisions statuaries.
When association concerned is in charge of an activity of general interest and/or public utility,
the concérnée public authority, beforehand informed, has any latitude to take or make take
suitable measurements in order to ensure the continuity of the activity considered.
7
Art. 35. - the dissolution of association by legal way can intervene at the request of the public
authority or on complaint of third, when association carries on activities which contravene the
laws in force or other than those envisaged in its statutes.
Art. 36. - Without damage of the other provisions of the legislation in force, the court can
order, at the request of the public ministry, all academies measurements or the confiscation of
the goods of association object of a legal dissolution.
Art. 37. - Subject to the provisions of article 35 of this law, voluntary or legal dissolution
involves the devolution of the movable and real property in accordance with the statutes.
However, the recourse regularly exerted against the court order of dissolution, suspends the
devolution of the goods of association until the intervention of a final court order.
Art. 38. - Notwithstanding the provisions of this law, the organization and the operation of
associations entitled to act as quality of auxiliaries of the authorities as regards organization of
the popular helps in period of peace or war, are determined by lawful way.
CONTAIN IV PARTICULAR PROVISIONS RELATING TO ASSOCIATIONS
ETRANGERES
Art. 39. - Is famous foreign association within the meaning of the present law, any
association, that it that is the form or the object, which A are seat abroad or which, having its
seat on the own territory is directed completely or partially by foreigners.
Art. 40. - Subject to the condition of nationality, the conditions of creation and operation of
foreign associations are those fixed by the present law.
The creation of any foreign association is subjected to the preliminary approval of the
Minister of Interior Department.
Art. 41. - Only the people in regular situation with respect to the legislation in force as regards
stay from abroad in Algeria, can found or to be members of a foreign association.
Art. 42. - Without damage of the application of the other provisions of the legislation and the
regulation in force, the approval granted to a foreign association can be suspended or
withdrawn by decision of the Minister of Interior Department, when it carries on activities
other than those envisaged by its statutes or than its activity is likely to carry reached or
carries reached:
- with the established institutional system,
- with the integrity of the own territory, the unit national, the religion
- of the State or with the national language,
- with the law and order and the moralities.
8
The suspension or the withdrawal of approval can also be pronounced in the event of refusal
by association to provide to the authority concerned, the required documents and information
relative to its activities, its financing, its administration and its management.
Art. 43. - Any modification of the object, the statutes and the establishment of foreign
association like any change in its bodies of administration or direction, must receive prior
agreement from the public authority concerned, under penalty of suspension or of withdrawal
of approval.
Art. 44. - As of notification of the suspension or the withdrawal of approval, foreign
association ceases any activity.
It is considered dissolved in the event of withdrawal of approval.
TITRATE V PROVISIONS PENALES
Art. 45. - Whoever directs, manages or active within a not approved, suspended or dissolved
association or supports the meeting of the members of a not approved association, suspended
or dissolved is punished of a sorrow of three (3) months imprisonment at two (2) years and of
a fine of
50.000 DA with 100.000 DA or of the one of these two sorrows only.
Art. 46. - the use of the goods of association at ends personal or other than those envisaged by
its statutes, constitutes a breach of trust
and is repressed like such in accordance with the provisions of the penal code.
Art. 47. - the refusal to provide the information envisaged to article 18 above is punished of a
fine of 2.000 DA with 5.000 DA.
CONTAIN VI FINAL PROVISIONS
Art. 48. - associations regularly made up at the date of this law, are held with no other
obligation but that to put
their statutes in conformity with the provisions of this law and this, before June 30, 1991.
Art. 49. - All contrary provisions with those of this law and in particular the law n° 87-15 of
July 21, 1987 relating to associations, are
repealed.
Art. 50. - the present law will be published in the Official Journal of the democratic and
popular Algerian Republic.
Fact in Algiers, December 4, 1990.
Chadli BENDJEDID