Jordan - draft law on associations - July 2008

Draft Law No. ( ) for the year 2008 (NON OFFICIAL TRANSLATION)

The Law of Associations (or the Law of Nongovernmental Organizations)

Article (1)
This law shall be called the Law of Associations for the year 2008, and it shall be enacted from the date of its publication in the official gazette.

Article (2)
For the purpose of applying the provisions of this Law, the meaning of the terms and expressions hereinafter shall be as follows, unless otherwise indicated in the context.

The Ministry: The Ministry of Social Development
The Minister: The Minister of Social Development
The Register: The Register of associations, established at the Ministry in accordance with the provisions of this Law.
The Register’s Official: The Register’s Official appointed in accordance with the provisions of this Law.
The Competent Ministry: The Ministry or official public institution determined by the Register’s Official to supervise the association and follow up on its issues, in accordance with the provisions of this Law.
The Competent Minister: The Minister of the Competent Ministry or the general director of the official public institution, in accordance with the situation.
The Fund: The Fund in support of associations established in accordance with the provisions of this Law.

Article (3)
For fulfilling the purposes of this Law, the word “association” shall refer to any body corporate comprised of a group of persons registered in accordance with the provisions of this Law to provide services or implement activities on a voluntary basis, without aiming to make and split profit or achieve any benefit to any of its members or any other particular person or achieve political goals that fall within the framework of objectives pertaining to political parties.
The following shall be excluded from the provisions of this Law:

Any body corporate established in accordance with the provisions of a private law.
Committees and councils registered in accordance with the provisions of the effective Law of Islamic Affairs (Awqaf) and the Law of Al-Zakat Fund and the regulations and instructions pursuant to these laws.
Clubs, committees and centers registered in accordance with the provisions of the effective Law of the Higher Council for Youth and the regulations pursuant to it and the instructions pursuant to either the Law or its regulations.

It is forbidden to register any Masonic association, and the activities of Masons shall be forbidden in the Kingdom.
It is forbidden to register any association with racial purposes.

Article (4)
A Register is established within the Ministry and shall be named “the register of associations”, which is monitored by the Register’s Official.
The Register’s Official shall be appointed through a decree issued by the Council of Ministers based on the recommendation of the Minister.

Article (5)
a. The Register’s Official shall be responsible for the following tasks, through coordination and cooperation with the competent ministries:

Determine the competent ministry within each association in accordance with a special regulation issued for this purpose.
Register associations in the Register and issue a registration certificate for each.
Any duties and other authorities entrusted in accordance with the provisions of this Law and the regulations and instructions pursuant to it.

b. The Minister shall appoint the representative of the Register’s Official in his absence.

Article (6)
It is permissible for a group of persons, whose number is not lesser than the number determined in accordance with a special regulation issued for this purpose, to file an application with the Register’s Official requesting the registration of the association in accordance with the application format adopted for this purpose. The aforementioned application shall include three copies for each of the following documents:

A list of the names of the founding members and their personal information, which includes their place of residence, their occupations, ages and qualifications.
The main statute of the association.
A statement signed by all the founding members indicating their approval of the main statute of the association, and the name of the person appointed by the founding members to follow up on the registration procedures and inform about any notifications, decisions or correspondence issued by the Register’s Official for this purpose.

Provisions that should appear in the main statute of the association shall be determined in accordance with a special regulation issued for this purpose, provided that the main statute includes the following:

The name of the association.
The headquarters of the association and the geographical scope of its activities.
The goals and objectives for the establishment of the association listed accurately and clearly.
Conditions for accepting members or discharging their memberships.
Membership fees and annual memberships.
The manner in which the general assembly of the association is held during ordinary and extraordinary meetings, the authorities of this assembly and the quorum for holding these meetings and the mechanisms in which decisions are taken.
The number of board members, the manners in which they are elected, their authorities and the quorum for holding their meetings and the manner in which decisions are taken.
Funding resources of the association and the manner in which financial issues are handled, controlled and audited.
Rules for dissolving the association and parties to which the association’s property will devolve.

Article (7)
Taking into consideration the provisions stipulated in Article (8) of this Law, any founding member of any association shall abide by the following conditions, in addition to any conditions that appear in the association’s main statute:

That he/she has a Jordanian citizenship.
That he/she is over 18 years old.
That he/she is fully qualified.
That he/she has a good reputation and conduct and never been convicted of any dishonorable felony or crime.

Article (8)
The Council of Ministers shall have the right to approve the following, based on a recommendation from the Competent Minister:

That a legal Jordanian person not affiliated to any other association is among the founding members of the association.
That membership in the association is restricted to one or more persons (legal or natural) and that the financial resources of the association are restricted to what its members offer and to what leads to achieving the goals and objectives of the association as they appeared in its main statute.

Article (9)

It is permissible to register a branch of a registered association in a foreign country for the purpose of providing its services in the Kingdom, provided that the association’s main headquarters or any of its branches are not based on profit-making or sharing or achieving benefit to any of the members or any other particular person or achieving any political goals.
A branch of the foreign association shall be registered in accordance with the provisions of this Law, provided that the application for registration includes the name of the foreign association, its headquarters, the names and addresses of its founders and board members, its main objectives, the names and nationalities of persons responsible for the branch to be established and the name of the person representing them, the manner in which funds pertaining to the branch are handled after the branch is dissolved. The main statute of the mother association should be attached with the application for registration.
It is not permissible for the foreign branch of the association to collect donations or obtain any funding from within the Kingdom without the approval of the Competent Minister.

Article (10)

The application for registration and all affiliated documents shall be provided directly to the Register’s Official or the Directorate of Social Development within the governorate. In this case, the Directorate shall send the application for registration in complete form to the Register’s Official within seven days from its receipt.
The instant the Register’s Official receives the application for registration, he ensures its adherence to the requirements of articles 6, 7, 8 and 9 of this Law, and in the case of missing information, the Register’s Official shall notify the founders in writing within a period not exceeding 15 days from the receipt of the application.

Article (11)

a. The Register’s Official shall determine the Competent Ministry according to the goals and objectives of the association to be registered, and sends the application form and all relevant documents to the Competent Minister so that he in turn issues a decision regarding the application within a period of 60 days from receipt of the application and all relevant documents completely and in accordance with the requirements of the provisions of this Law and the regulations and instructions pursuant to it.
b. If the Competent Minister does not issue a decision regarding the application for registration or a notification of missing information in the application within the period determined in clause (a) from this article, the application shall be considered accepted by law.
c. If the Competent Minister decides to approve the application for registration or the approval was made by a ruling in accordance within clause (b) from this article, the Register’s Official shall complete the necessary procedures to register the association in the Register within a period of 15 days from the date of this approval.
d. If the Competent Minister refuses to approve the application for registration, the Register’s Official shall notify the founders of this decision, which may be appealed before the Higher Court of Justice (Supreme Court) in accordance with effective legislations.
e. Upon registering an association in accordance with the provisions of this Law, the Register’s Official shall issue a registration certificate that includes the name of the association, its headquarters, the geographical scope of its work and the address to which it may be contacted.
f. The registration of the association shall be published in the official gazette.

Article (12)
Every association, upon its registration in the Registry, shall have a body corporate, and shall have the right to conduct the necessary work and actions to achieve the goals and objectives stipulated in its main statute, and in accordance with the provisions and conditions stipulated in this Law and the regulations and instructions pursuant to it, and shall have the right to resort to the judiciary (press charges) and appoint lawyers.

Article (13)
a. The association shall have the right to establish branches within the Kingdom that are connected to it administratively and financially, through a decision made by the General Assembly and through a majority of two thirds of its members and with the approval of the Competent Ministry.
b. Every branch of the association shall have a representative who is responsible for managing it, appointed by the association’s Board of Directors.

Article (14)
a. The association shall comply with the provisions of this Law and the regulations and instructions pursuant to it. It shall also implement and comply with the following:

1. Practice its works and activities in accordance with its main statute.
2. Open the opportunity for membership for every person who adheres to the membership conditions in accordance with the association’s main statute, should these provisions not be excluded, through a decision issued by the Council of Ministers based on the recommendation of the Competent Minister.
3. Notify the Competent Minister and the Register’s Official about the date, location and work agenda of the meeting of the association’s General Assembly at least two weeks prior to its implementation.
4. Note and chronologically file the meeting minutes of the association’s Board of Directors and General Assembly and the decisions issued by each at the association’s headquarters.
5. Book-keeping financial records that indicate the association’s resources and the manner in which they are expended.
6. Book-keeping a record of the association’s assets or any other records determined by the Competent Minister or the Register’s Official.
b.1. If the association does not notify the Competent Minister and the Register’s Official in writing about the date, location and agenda of the meeting of its General Assembly at least two weeks prior to the meeting date, the meeting shall not be considered legal.

b.2. The Competent Minister and the Register’s Official shall have the right to appoint a representative to attend the meeting of the association’s General Assembly.

c.1. Taking into consideration the provisions set forth in point “2” from this clause, the decisions made by the association’s General Assembly shall be considered effective from the date of their deposit at the Competent Ministry, as long as these decisions are in accordance with the provisions of this Law and the association’s main statute.

c.2. It is obligatory to obtain the approval of the Competent Minister prior to the execution of the following decisions of the General Assembly and registering them in the Register:

- The decision of electing the association’s Board of Directors.
- The decision to make any amendments to any of the provisions set forth in the association’s main statute, pertaining to any of the goals and objectives of its establishment, the means to achieve them, or their source of funding or expenditures or the accrual of funds upon dissolution or controlling the association’s stocks.

Article (15)
a. Any member within the association’s Board of Directors shall comply with the conditions set forth for the founding members in accordance with the provisions of this Law, in addition to other conditions set forth in the association’s main statute.
b. No person shall be permitted to be the Chairman of the Board for a period exceeding two consecutive cycles, unless with the approval of the Competent Minister or his representative.
c. No person shall be permitted to be a member of the association’s Board of Directors for a period exceeding four consecutive cycles, unless with the approval of the Competent Minister or his representative.

Article (16)
The association’s Board of Directors shall provide the Competent Ministry with the following:

a. The annual work plan.
b. An annual report that includes the association’s achievements and activities in the previous year, its resources and expenditures, in addition to information required by the regulations and instructions issued in accordance with the provisions of this Law.
c. An annual budget audited by a legal auditor who was elected by the association’s General Assembly. The Competent Minister shall have the right to exempt any association whose budget is lesser than 2000 Jordanian Dinars from auditing.
d. Copies of the decisions of the Board of Directors, unless the Competent Minister decides to exempt the association from that.
e. An annual list with the names of the association’s members.

Article (17)
a. The association shall declare in its annual report about any grants or donations obtained from Jordanian individuals.
b.
1. If the association wishes to receive any donation or grant or funding of any sort from non-Jordanians, it shall provide an application to obtain the approval of the Competent Minister. In case a decision is not made over the application within a period of 30 days from its receipt, the application shall be considered accepted by law.
2. If the association receives any donation or grant or funding that does not comply with the provisions of point (1) in this clause, the Competent Minister shall have the right to take the measures he deems necessary to either return the donation or grant or funding to its source or transfer for the benefit of the Fund. This, in addition to any other penalties or solutions or measures stipulated in this Law and effective legislations.
c. The association shall deposit all its funds at one of the banks within the Kingdom, and these accounts shall not enjoy banking confidentiality (or shall be transparent), despite what is stipulated in other regulations.

Article (18)
a. The Competent Ministry shall receive complaints filed against associations or any of their work or activities, and the Competent Minister shall form a committee to investigate these complaints or directly refer them to competent official bodies, depending on the situation.
b. The Competent Ministry shall audit the files and accounts of the association and shall have the right to refer to a legal accountant for this purpose at the expense of the Fund and with the approval of it administrative committee.
c. For the purpose of fulfilling the provisions of this article, the association’s Board of Directors shall do whatever is necessary from measures and arrangements requested by the Competent Minister for the purpose of facilitating the duty of the investigation committee and the legal accountant, to enable them to conduct their designated duties.

Article (19)
a. The Competent Minster shall appoint a temporary board of directors for the association to replace the Board of Directors in any of the following cases:
1. If the association’s Board of Directors fails to hold its meetings due to the loss of its quorum as a result of resignation or death, or any similar circumstance.
2. If the association violates any of the provisions stipulated in this Law or the regulations and instructions pursuant to it, or if it violates the provisions set forth in its main statute and does not clarify the reasons of the violation within a period of one month from the date of its notification in writing.
3. If the association violates the provisions set forth in clause (c) in article (18) of this Law.
4. If the association accepts any donation or support or funding from any source without revealing it or registering it in its financial records and reports.
b.
1. The temporary board of directors is obliged to invite the association’s General Assembly for a meeting within a period of 60 days at most to elect a new Board of Directors in accordance with this Law and the regulations and instructions pursuant to it.
2. If applying the provisions set forth in point (1) of this clause fails, the temporary board of directors is permitted to make an extension for the same period of time through a decision from the Competent Minister.
3. According to the provisions set forth in point (1) of this clause, members of the dissolved Board of Directors are not permitted to be members in the first elected Board of Directors following the appointment of the temporary board of directors, unless through an approval from the Competent Minister.
Article (20)
a. The association shall be considered legally dissolved in any of the following cases:

1. If it discontinues its work or ceases to practice it for a period of one year.
2. If it fails to coordinate its situation in accordance with the provisions set forth in article (28) from this Law.
b. The Competent Minister has the right to issue a grounded decision for dissolving the association in any of the following circumstances, and a copy of this decision shall be sent to the Register’s Official:
1. When failing to elect the association’s Board of Directors in accordance with the provisions of its main statute and the provisions of this Law and the regulations and instructions pursuant to it.
2. If the association keeps or uses a donation or funding received from non-Jordanians, violating the provisions of clause (b) in article (17) from this Law.
3. If the association commits for the second time the violation it had been previously notified for in accordance with the provisions of point (2) in clause (a) from article (19) and did not clarify the reasons for this violation within a period of one month from the date of its notification in writing.
4. If two thirds of the members of the Board of Directors agree to dissolve the association during an extraordinary meeting in accordance with the provisions set forth in the association’s main statute.
c. It is permissible to appeal to the decision of the Competent Minister to dissolve the association before the Supreme Court.

Article (21)
a. The association shall be notified about any notifications or decisions issued in accordance with the provisions of this Law and the regulations and instructions pursuant to it. Notifications shall be sent to the association’s address indicated in its registration certificate and shall be either delivered by hand to any employee available at the aforementioned address or sent via registered mail. This deposit shall be considered a legal notification after 15 days from the date of deposit have passed.
b. If notification fails in accordance to clause (a) in this article, it is permissible to make the notification by publishing it in two local daily newspapers one time at the expense of the association, and this notification shall be considered legal.
c. Any change in the certified address for the association’s correspondence shall only count from the date the Register’s Official and the competent court are notified in writing about the change of address.

Article (22)
a. A fund known as “the association’s support Fund” shall be established at the Ministry to support associations. This Fund shall enjoy a body corporate and financial and administrative independence, and shall have the right to own fixed and transferable properties and invest them in the manner it deems appropriate. The representative of the Fund in legal procedures is the civil public attorney or an attorney appointed for this purpose.
b. The administration of the Fund shall be the responsibility of a committee headed by the Minister and the membership of the Register’s Official as vice president and one representative for every Competent Ministry.
c. The Fund’s financial resources are comprised of the following:
1. Funds allocated in the general budget.
2. Any endowments or donations or grants, provided they are approved by the Council of Ministers if they are from non-Jordanian sources.
3. Profit from any charitable raffle organized for the purpose of this Fund in accordance with the provisions of a special regulation issued for this purpose.
4. The funds of associations and unions whose body corporate expires without the existence of a party to which the funds are transferred in accordance with the provisions of this Law.
5. Any sums of money or donations collected from associations and unions ???? (not clear) against the provisions of this Law and the regulations and instructions pursuant to it.
6. Profit from investment of Fund’s money.
7. Any other sources approved by the Council of Ministers based on a recommendation from the fund’s administrative committee.
d. Expenditures and support for associations are determined by the Fund’s money based on principles and conditions determined by the Council of Ministers in accordance with instructions issued for this purpose. The Fund’s administrative committee shall be responsible for expenditures in accordance with these instructions.
e. The Fund’s money and accounts shall be under the supervision and monitoring of the accounting department.

Article (23)
a. It is permissible, based on the circumstance, to form a single union or more for associations for the purpose of coordinating their efforts in providing their services and implementing their activities in accordance with the provisions of this Law and the regulations and instructions pursuant to it. A regulation shall be issued to determine the types of these unions and the provisions for their registration and all other organizational matters pertaining to associations.
b. The union shall have an independent body corporate, and all associations pertaining to the union shall maintain their independent body corporate.
c. The provisions set forth from article 14 to article 21 and from article 25 to article 28 of this Law shall be applied on the union.

Article (24)
a. It is permissible, with the approval of the Competent Minister, to merge two or more associations registered in accordance with the provisions of this Law if these associations share the same goals and objectives. The association formed as a result of this merger shall become a legal and realistic successor for merged associations.
b. It is permissible for two or more associations to form a coalition between them to implement a joint program that aims at achieving their goals and objectives.

Article (25)
a. All the association’s assets that have not been dissolved shall be transferred to the party determined in the association’s main statute, provided that this party is either the Fund or another association that shares the same goals and objectives.
b. If the association’s main statute does not determine the destiny of the association’s assets upon its suspension or fails to transfer funds to the party determined within the main statute, then these assets shall be transferred to the Fund.

Article (26)
Taking into consideration the strictest punishment that appeared in any other laws:

a. A fine no less than 100 Jordanian Dinars and no more than 1,000 Jordanian Dinars shall be imposed on whoever manages the funds of the association and spent them on things other than those related to achieving the association’s goals and objectives, and another fine that is equivalent to the value of the damage incurred.
b. A fine no less than 1,000 Jordanian Dinars and no more than 10,000 Jordanian Dinars shall be imposed on whoever agrees to accept any donation or support or funding from Jordanians without declaring them or registering them in the association’s records accordingly.
c. Imprisonment for a period no less than three months shall be imposed on whoever keeps or uses the donation or funding provided for the association by non-Jordanians, when the transaction is not declared or registered in the association’s records accordingly, or when the money is kept or used following its rejection by the competent minister.

Article (27)
a. It is not permissible for a person who was convicted in accordance with the provisions of article (26) from this Law to be a member in the association’s Board of Directors.
b. Fines set forth in accordance with the provisions of clause (a) in article (26) from this Law shall be transferred to the association.
c. Fines set forth in accordance with the provisions of clause (b) and (c) in article (26) from this Law shall be transferred to the Fund.

Article (28)
a. Any body corporate registered in accordance with the provisions of any laws indicated hereunder prior to the expiration of this Law shall be considered effective as if registered in accordance with its provisions (not clear):

1. Societies and associations registered in accordance with the provisions of the Societies and Social Bodies Law number 33 for the year 1966 and its amendments.
2. Any body corporate with any characteristic or form registered in accordance with the provisions of the effective Law on the Protection of Culture.
3. Any association registered in accordance with the provisions of the effective Environmental Law.
4. Any association registered in accordance with the provisions of the effective Tourism Law.
5. Not for profit companies registered in accordance with the provisions of the effective Law of Corporations and the regulations and instructions pursuant to it. Any association or organization or institution to which the term “association” applies in accordance with the provisions of this Law, and registered in accordance with the provisions of any of the effective and operative laws.
b. For the purposes of this Law, any religious bodies and priesthoods shall be considered an association and shall coordinate its situation in accordance with the provisions of this Law.
c. Associations established on the date of enforcement of this Law shall coordinate their status within a period not exceeding one year from the date of enforcement of this Law, and the competent minister has the right to extend this period for no more than an additional year.
d. The competent minister has the right to issue any necessary instructions to enable associations to coordinate their status in accordance with this Law.

Article (29)
a. The Council of Ministers has the right to issue laws necessary for the implementation of the provisions of this Law.
b. The competent ministry and minister have the right to issue instructions necessary for the implementation of the provisions of this Law and the regulations and instructions pursuant to it.

Article (30)
The following shall be abolished:

a. the Societies and Social Bodies Law number 33 for the year 1966 and its amendments.
b. The provisions of any other law conflicting with the provisions of this Law, including provisions pertaining to the registration of legal persons included in the provisions of article (28) from this Law.

Article (31)
The Prime Minister and the ministers shall be responsible for implementing the provisions of this Law.