Jordan - Proposed Amendments to the 2008 Law on Societies (25/04/2009)

Draft Law No. ( ) of 2009 Amending the Law on Societies

Article 1:

This law is cited as “the Revised Law on Society of 2009” and is to be read with the Law No. (51) of 2008, referred to hereinafter as the original law. It is effective from the date of being published in the Official Gazette.

Article 2:

The article (2) of the original law should be amended by rescinding the definitions of (Register controller) and (competent minister) stated and their designated meaning and replace them with the following definitions:
The Board : Register Administration Board which is constituted according to the provisions of this Law.
Chairman: Chairman of Board
Register Holder: The Secretary General of the Registrar designated according to the Law.
Competent Ministry: The Ministry or official foundation which is determined by the Board to oversee the society and following its affairs according to this law.

Article 3:

The Article (3) of the original law should be amended as follows:
First: To cancel the text of the paragraph (a) and to replace it with the following text:
a. For the purpose of this law:-
1. The word (society) means any legal person comprised of a group of people not less than seven, and it is registered according the provisions of this Law to voluntarily provide services or do non-profit activities. It should not achieve any benefit for its members or for any specific person nor achieve any political objectives that fall within the activities of political parties according to the existing legislations.
2. The phrase “private society” is the society which has not less than three members and not more than 20.
3. The phrase “closed society” is the society has only one member or more, and whose resources are restricted to financial resources from founder member for the purpose of enabling it to achieve its objectives.
Second: To delete the text of paragraph (d) thereof and to replace it with the following text:
d. it is banned to register any society which has illicit purposes or that contradicts with the public order in the Kingdom.

Article 4:

The article (4) of the original law is to be replaced with the two articles (4) and (5) whose text is below:
Article 4
a. A register is to be established at the Ministry, named (the Register of Society), to be managed and supervised by a board called (The Register Board) chaired by the Minister and the membership of each:
1. Register Secretary (Vice Chairman)
2. Representative for the Ministry of Interior
3. Representative for the Ministry of Culture
4. Representative for Ministry of Tourism and Archeology
5. Representative for the Ministry of Environment
6. Representative for the Ministry of Political Development
7. Three experienced persons in the charity or voluntary activities area, to be appointed by the Cabinet based on the proposal of the Minister for two years to be renewed and it is allowed to terminate the membership of any those and to appoint his replacement by the same way;
b. The Cabinet has the right, based on the presentation of the Minister, to add to the membership of the Board a representative for any other society-related ministries;
c. The relevant minister is called the representative of the Ministry stated in any of the following items (2), (3), (4) and (5) and (6) of the paragraph (a) of this article and the paragraph (b) thereof, from the staff of category 1 of his ministry whose degree is less than the second.
d. The vice chairman will act the Chairman when he is away;
e. The Board issues with the approval of the Cabinet instructions that include the identification basics of competent ministry for each society.
Article 5
a. The Board will take over the following tasks and authorities:-
1. To agree to register an society and identify its competent ministry;
2. To evaluate the performance of societies and their activities in coordination with the competent ministries and to issue an annual report on the situations of societies in the Kingdom.
3. To issue necessary plans and programs to lift the situations of societies and assist them achieve their objectives and goals;
4. To administer the fund’s affairs and supervise it and follow up all its affairs;
5. To form a committee or more to reconcile in case of a dispute between the societies.
6. To issue necessary instructions to organize the activities of the register and competent ministries according to the provisions of this law and regulations issued accordingly.
b. The Board will hold its meetings upon an invitation by its chairman at least once every month and when it is necessary. Its meetings will be legal by the attendance of two thirds of its members, provided that the chairman and his vice among them and its decisions are taken by the majority of those attending members. When votes are even, it is weighed by the chairman side.
c. The Register Secretary is to be appointed by the Cabinet based on the presentation of the Minister with a rank of Secretary General and to be related to the Minister. His appointment decision is to be based on the high royal will.

Article 5:

The text of the article (5) of the original law is to be deleted and to be replaced with the following text and the article to be numbered as (6):

a. The Register Secretary is responsible for the following tasks and powers:
1. To receive and study the applications as to the registration of societies whether those presented directly or sent to him by the districts of the Ministry in the governorates and to be presented to the Board.
2. To enter new societies into the Register and to issue a registration certification for each and to publish the announcement of its registration in the official gazette.
3. To oversee and administer the Register and follow up all related procedures and corresponding;
4. To receive complaints related to the society and refer them to the competent ministry.
5. Any other tasks and activities assigned by the Minister;
6. The Secretary General of the Ministry will take the tasks of the Register when he is absent.

Article 6:

The Article (6) of the original law is to be amended as follows:
First: To delete the phrase (their number is not less than eleven persons) mentioned in the beginning of the paragraph (a) thereof.
Second: By adding the phrase (and embark the judicial procedures on behalf of them) after the phrase (for following up the procedures of registration) stated in the item (3) of the paragraph (a) therefore.
Third: To delete the phrase (register controller) wherever they are mentioned in the paragraph (a) thereof and to replace it with the phrase (register);
Fourth: By adding the item (9) “Governance and Transparency Rules” to the paragraph (b) thereof in the following text and to re-number the existing item (9) to be (10).

Article 7:

To delete the paragraph (d) of the Article (7) of the original Law and to be replaced by the following text: -
d. He should not be charged with a dishonoring felony or breach of trust or any other felony;

Article 8:

To delete Article 8 of the original law and to renumber Article 6 and 7 of the original law as Articles 7 and 8, respectively.

Article 9:

The Article 9 of the original law is to be amended:
First: To delete the phrase (Council of Ministers) at the end of paragraph C and replace it with (the Relevant Minister as established by the Council of Ministers).
Second: To add to paragraph d the following:
d-1- It is allowed to register a regional office in the Kingdom for a foreign authority registered outside the Kingdom by using this office to provide its services outside the Kingdom, in coordination with its head office, provided that the office should not do any activity in the kingdom and head office or its branches should not aim for profits or even achieve a benefit for its members or any specific person or achieving any political or religious objectives;
d-2- The regional office of foreign authority is subject to provisions and conditions related to the foreign society.

Article 10:

The article (10) of the original law is to be amended:-
First: To delete the phrase (register controller) wherever it is mentioned in the paragraph (a) thereof and to replace it with the (register).
Second: To cancel the text of the paragraph (b) thereof and replace it with the following text:-
b. The Register should, once he receives the request, examine that it meets the requirements of the Articles (7), (8), (9) of this Law. In the event of there are incomplete documents, he should notify the founding members in writing within 15 days from the date of receiving the request. If it is not completed within six months from the notification date, the request is to be revoked.

Article 11:

The article (11) of the original law is to be deleted and replaced by the following:-
Article 11-
a. The Board issues its decision on the registration application within sixty days from the Register receiving the completed application, and the prejudiced should contest this decision before the Supreme Justice Court according to the existing legislations.
b. In the other cases stated in the paragraph (d) of this Article, if the Board has not issued a decision on the registration application within the given period in the paragraph (a) of this Article, the application will be considered as approved.
c. The Register Secretary should complete the necessary procedures for the society entry into the register within fifteen days from the approval date.
d. In the other cases stated in the paragraph (d), the Board should obtain the approval of the Cabinet for the registration application in any of the following cases:-
1. If there is a legal person or non-Jordanian person among the founding members;
2. If the society requesting to be registered is a closed one.
3. If the society requesting to be registered is a private society whose members are restricted to a single legal person.
e. When the society is registered according to the provisions of this law, the register should issue a registration certificate that includes society name, its headquarters and the name of the competent ministry and geographical jurisdiction and the official address for its corresponding.

Article 12:

The paragraph (a) of the article (13) of the original law is deleted and replaced by the following provision:-
a. It is allowed for the society to establish branches at the Kingdom to be administratively and financially connected, if its basic system approved that by a decision made by its general assembly, with the majority of two thirds at least and the branch should embark his activities after the society deposits of the establishment decision of the general assembly with the Register and the competent ministry and notify them about the address of the premises of this branch.

Article 13:

The article (14) of the original law is to be amended according to the following:-
First: To delete the phrase (register controller) wherever it is stated in the two paragraphs (a) and (b) thereof and to replace them with the phrase (register).
Second: To delete the provision ( c) and to replace it with the following text:
c-1- The society should deposit with the competent Ministry a copy of its decisions issued by its general assembly within fifteen days from the issuance date.
2- Despite of any contradictory provision, the decision of the General Assembly of the Society is implemented by making amendments to any of the basic statute provisions only after the approval of the Board to this amendment.

Article 14:

The paragraph (d) stated in the article (16) of the original law.

Article 15:

To delete the provision (17) of the original law and to be replaced by the following provision:-
Article 17
a. With the consideration of the two paragraphs (b) and (c) of this article, the society should state in its annual report about any donation or funding received; and the society should enter into its financial records the name of the agency which provided such a donation or funding and its amounts and the purpose for which it will be spent and any other special conditions.
b. If the donation or funding is provided by a non-Jordanian person, the society should follow the procedures defined in the paragraph (c) of this article, and donation and funding should have the following conditions:
1. Source of donation or funding should be legal and not contradicting for the public order or morals;
2. Should not contradict the conditions set by the agency which provides donation or funding with the provisions of this law and basic statute of the society;
3. To spend or use donation or funding for the purpose for which it has been given.
C-1- if the society desires to receive donation or funding from a non-Jordanian person, it should notify the competent minister and the notification should state the source of such donation or funding and its amount and the mode of receipt and the purpose for which it will be spent and any other special conditions. In case of there is no denial decision by the Minister within thirty days from the notification receipt, the donation or funding will be considered approved automatically.
2- If the competent minister has issued a decision to deny such a donation or funding within the given period in the item (1) of this paragraph, the society should not receive such a donation or funding. The decision can be challenged before the Higher Justice Court according to the existing legislations.
d- If the society receives any donation or funding contrary to the provisions of the paragraph (b) or the paragraph (c) of this article , the competent Minister should take the procedures which he deems appropriate either to return the donation or funding to the donating agency or transfer to the favor of the fund, in addition to any penalties or procedures stated in this existing law and legislations.
e- The society should deposit all its money with the banks operating in the Kingdom and its accounts are not confidential in case of enquiries by the Minister or the Register Holder, in spite of what has been mentioned in any other legislation.

Article 16:

The paragraph (a) of the article (18) of the original law is to be replaced by the following text:
a. The competent minister has the right to form a committee or more to reconcile in case of dispute among the society members.

Article 17:

The paragraph (a) of the article (19) of the original law is amended as the following:
First: To add the following phrase to the end (to have one participant or more from its general assembly wherever it is possible)
Second: To cancel the phrase (or instructions) mentioned in the item (2) thereof.

Article 18:

The article (20) of the original law is amended as follows:-
First: To delete the phrase (the competent minister) and the phrase (register controller) stated in the paragraph (b) thereof and to be replaced by the phrase (the Board based on presentation of the competent minister) and the phrase (register holder) as follows:
Second: By the addition of the following phrase to the end of the item (1) of the paragraph (b) thereof:- (after exhausting the procedures stated in the article (19) of this law by the competent minister.
Third: To delete the phrase (paragraph (b) stated in the item (2) of the paragraph (b) thereof and to replace it with the phrase (paragraph (c )
Four: To delete the phrase (competent minister) stated in the paragraph ( C ) thereof and to replace it with the work (Board).

Article 19:

The paragraph ( C) of the article (21) of the original law is amended by the deletion of the phrase ( register controller) stated and replace them with the phrase (register holder).

Article 20:

The article 22 of the original law is amended as follows:-
First: To delete the paragraph (b) thereof.
Second: To add the item (4) to the paragraph ( C) thereof in the following provision:
as follows:

Article 21:

The article 24 of the original law is to be amended as follows:
4. Any amounts decided by the Cabinet based on the presentation of the Board, allocated for the fund from the net revenues of any other fund that aim to support the society.
Third: To delete the phrase (Fund Administration Committee) mentioned in the item (7) of the paragraph (c ) thereof and to replace it with the word (the Board).
Fourth: to renumber the items (4) and (5) and (6) and (7) and (8) respectively.
Fifth: To delete the phrase (and the Fund Administrative Committee) mentioned in the paragraph (d) thereof and to replace it with the phrase (the Board will take over).
Sixth: To renumber the paragraphs ( c) and (d) and (e) to be ( b) and (c ) and (d).
First: To delete the phrase (with the approval of the competent minister) stated in the paragraph (a) thereof and to replace it with the phrase (with the approval of the Board based on the presentation of the competent minister).
Second: By adding the paragraph (C ) to it with the following text:-
C. It is not allowed for any society to be a member in any other society.

Article 22:

The article (26) of the original law is to be amended as follows:-
First: To delete the phrase (The cabinet in the prison a period not less three months or by a fine not less than one thousand dinars and not more than ten thousand dinars or by the two penalties) stated at the end of the paragraph ( c) thereof and to replace it with the phrase (the competent minister with a fine not less than one thousand dinars and not more than ten thousand dinar).
Second: In consideration of what have been stated in the paragraph (a) thereof and to number the paragraphs (a), (b) and (c) stated to be the items (1), (2) and (3) respectively and to add the paragraph (b) to it in the following text: -
b. Nothing in this law that prevents the application of any harsh penalty that was mentioned in any other law.

Article 23:

Article (28) of the original law is amended as follows:-
First: To delete the item (5) stated in the paragraph (a) thereof and to renumber the item (6) to be (5).
Second: To add the paragraph (b) thereto in the following text:
b-1- The non-profit companies registered under the provisions of the Companies Law provisions before the date of executing are private societies existing and registered according to the provisions of this law.
2- Though the text stated in the item (1) of this paragraph, if the non-profit companies exercise financial activities, it is allowed, upon its request, to convert into a commercial company according to terms and procedures which are determined by the Cabinet for this purpose based on the presentation of the Minister of Industry and Commerce.
Third: To delete the phrase (competent minister) stated in the paragraph (b) thereof and to replace it with the phrase of (for the Board).
Fourth: To delete the provision of the paragraph (c ) thereof and to replace it with the following provision:-
C. The Board has the right to issue any necessary instructions to enable the societies and federations to reconcile its situations according to the provisions of this law and the regulations issued accordingly.
Fifth: To renumber the two paragraphs (b) and (c) thereof to become (c) and (d) respectively.

Article 24:

The original law is amended by adding the article (29) thereto with the following provision:-
Article 29:
Despite of any contradictory text:-
a. The religiously non-Moslem authorities and nunneries working in the Kingdom to provide social and charitable services that target general benefits for the needy, without targeting profits or violating the doctrine and it is required to have the approval of the Board to institute and manage such services and upon any amendment that arises thereto.
b. The Board will determine which competent Ministry to be assigned with these social services to take over its supervision and controlling to secure the progress of these services in a way to achieve its objectives and public benefit. Controlling and monitoring these services without the religious authority or nunnery which emerge from it.
c. For the ends of this article, it is considered as a social and charitable services to establish a shelter or educational institute for the needy or social center for the poor or to distribute cash or in kind aids.
d. The non-Moselm religious authorities working in the Kingdom will continue in providing charitable social services which were approved by the execution of this law.

Article 25:

The article (29) of the original law will be amended as follows:-
First: By adding the following phrase to the end of the paragraph (a) thereof-
(Including a system for the private society in which the ends and the provisions consequent to the withdrawal of one of its members or his death and provisions of its dissolution and the devolution of its money upon dissolution.
Second: By deleting the word (Minister) stated in the paragraph (b) thereof and to replace it with the word (Board).

Article 26:

The original law is to be amended with re-numbering the Articles (29) and (30) and (31) stated therein, and to be (30) and (31) and (32) respectively.