Law Of Granting Of Legal Personalities.

Original Language Title: LEY DE OTORGACIÓN DE PERSONALIDADES JURÍDICAS.

Read the untranslated law here: http://www.gacetaoficialdebolivia.gob.bo/index.php/normas/verGratis_gob2/141719

Law No. 351 law of 19 of March of 2013 EVO MORALES AYMA President constitutional of the PLURINATIONAL State of BOLIVIA, by how much, the plurinational Legislative Assembly, has sanctioned the following law: the Assembly Legislative PLURINATIONAL, D E C R E T A: law of granting of PERSONALITIES legal chapter I provisions general article 1. (OBJECT). This law is intended to regulate: i. the granting and registration of legal personality to social organizations, non-governmental organizations, foundations and civil entities nonprofits that develop activities in more than one Department and whose activities are not financial.
II. the granting and registration of legal personality to the churches and religious and spiritual beliefs, groups whose purpose is not aware nonprofit.
ARTICLE 2. (CONSTITUTIONAL FRAMEWORK).
I. the present law is part of the exclusive competence assigned to the central State level, in paragraphs 14 and 15 of the 2nd paragraph of the article 298 of the political Constitution of the State, with respect to the granting and registration of legal personality to social organizations, non-governmental organizations, foundations and non-profit civil entities that develop activities in more than one Department.
II. in addition, this law is part of provisions of paragraph II of article 297 and the paragraph 3 of the article 21 of the political Constitution of the State.


ARTICLE 3. (SCOPE OF APPLICATION). This law applies to: i. social organizations, non-governmental organizations, foundations and civil entities nonprofits that develop activities in more than one Department and whose activities are not financial.
II. churches and religious and spiritual beliefs, groups whose purpose is not aware nonprofit.
ARTICLE 4. (DEFINITIONS). For the purposes of this Act and its regulations, sets the following definitions: legal personality. It is the legal recognition to legal fitness that is given to a civil entity without profit, social organizations, non-governmental organizations and foundations, on the sufficient capacity to be subject to rights and contract obligations, in addition to activities that generate full legal responsibility, in front of themselves and third parties.

Social organizations. It is the set of people who in the territory they occupy or attention to common activities and related interests which develop, organize or promote initiatives of common interest to its components are organized for the exercise of social control.

Non-governmental organizations. They are entities of right healthcare non-profit and/or private, that possess a nature of social service, assistance, charity, promotion and economic and social development, formed by nationals or foreigners, with due recognition of the State, they carry out development activities and whose activities are not financial, with funds or own financing or external in the territory of the State cooperation.

Foundations. They are entities of private law to forming affect long term its heritage of Constitution to the realization of special-purpose of general interest non-profit and whose activities are not financial and that to develop their activities obtained the recognition of the State.

Non-profit civil entities. It is the Group of persons in private law who have State recognition to activities without profits and not finance aimed at the common good.

Granting registration of legal personalities. It is the registration of encoding and alphanumeric classification of the document of granting of legal personality given to collective persons, whose information is stored in a database.

CHAPTER II RECOGNITION OF THE LEGAL PERSONALITY TO COLLECTIVE PERSONS ARTICLE 5. (RECOGNITION).
I social organizations, non-governmental organizations, foundations and civil entities, non-profit, whose scope of action and operation is more than a Department, must arrange their recognition of legal personality to the competent entity of the central level of the State.
II. the recognition of the legal personality shall be granted through an express resolution.

ARTICLE 6. (REQUIREMENTS). They are essential requirements for the recognition of the legal personality: public deed of incorporation;

Statute;

Internal regulation;

Approval of the Statute and the rules of procedure records;

Notarized power of the legal representative;

Others who should be determined by the competent institution of the central level of the State, as regulation.
ARTICLE 7. (STATUTES).
I. the statutes within your content must minimally: name, nature and place of residence;

Object and purpose;

Members, rights and obligations;

Organization, internal structure and powers;

Heritage and economic regime;

Internal regulations of admission and exclusion of members;

Disciplinary regime;

Amendment of the statutes;

Regime concerning the extinction, dissolution and liquidation of the entity.
II. the statutes of the organizations not NGOs and foundations, should mention in its content, in addition to the requirements of the previous paragraph: the contribution to economic and social development;

The detail of the affectation of assets, in the case of foundations.
III. the social organizations, non-governmental organizations, foundations and non-profit civil entities, should periodically record their sources of financing, to the competent authority.
ARTICLE 8. (COMPETENT BODY). The Ministry of autonomy is the competent institution for the granting and registration of legal personality to social organizations, non-governmental organizations, foundations and civil entities, non-profit, whose scope of activity is more than a Department.
ARTICLE 9. (COORDINATION BODIES). Collective persons may form and constitute institutional networks or other bodies for coordination and networking, and must for this process their respective legal personerías, in subject to this Act and its regulations.
ARTICLE 10. (DENOMINATION).
Should i. the non-governmental organizations include the acronym? NGO? preceding the name of the entity.
Must II. foundations include the prefix? Foundation? preceding the name of the entity.
ARTICLE 11. (PROHIBITION OF TRANSFER OF LEGAL PERSONALITY). It is prohibited any form of transfer or commercialization of the legal status of collective persons.
ARTICLE 12. (MODIFICATIONS). Any modification to the statutes and internal regulations will be processed according to the provisions of the regulation of this law.
ARTICLE 13. (DO NON-GOVERNMENTAL ORGANIZATIONS? NGO? s and foreign foundations). Non-governmental organizations and foundations formed overseas, must apply to the Ministry of Foreign Affairs and the competent entities of the central level of the State, the signing of an agreement framework basic cooperation with the plurinational State of Bolivia, allowing them to operate legally in the territory.
ARTICLE 14. (REVOCATION OF LEGAL PERSONALITY). Will be revoked the legal status to those collective persons to: comply with the provisions of this Act and its regulations;

Carry out activities other than the purposes laid down in its statutes.

CHAPTER III RECOGNITION OF THE LEGAL PERSONALITY TO RELIGIOUS AND SPIRITUAL ARTICLE 15 ORGANIZATIONS. (RELIGIOUS ORGANISATIONS AND SPIRITUAL). Religious organisations and spiritual are the set of persons, national or foreign performing practices of worship or for spiritual development and/or religious beliefs on the horizon of living well, whose purpose is not pursuing profit.
ARTICLE 16. (BASIC SKILLS).
I respect and guarantee the right to religious belief and spiritual of peasant Nations and native indigenous peoples and freedom of religion and spiritual beliefs, recognizes the granting of legal personality to the religious and spiritual organizations.
II. within the framework of article 297, paragraph II, of the political Constitution of the State, the granting of legal religious or spiritual organizations, as well as its regulation, registration and control, is the responsibility of the central of the plurinational State of Bolivia level.
ARTICLE 17. (LEGAL PERSONALITY OF RELIGIOUS AND SPIRITUAL ORGANISATIONS).

I the churches and the religious and spiritual beliefs set forth in the constitutional framework, groups will have legal status as a religious and spiritual organizations whose grant will be processed to the Ministry of Foreign Affairs, for its formal recognition by the Ministry of the Presidency, through Supreme resolution.
II. effects of its Constitution and recognition, religious and spiritual organizations must submit documentation and requirements demanded by the Ministry of Foreign Affairs, according to regulation.
III. operation, supervision and the revocation of the legal status of the religious and spiritual organizations as well as the registry for the granting of legal personality, shall be subject to regulation.

TRANSITIONAL PROVISIONS

FIRST. May this law be used supplementary shaped by departmental autonomous governments, in accordance with the provisions of the article 11 of the law Nº 031 July 19, 2010, autonomy and decentralization framework? Andrés Ibáñez?.

THE SECOND. The regulation of this law will be approved by Supreme Decree, on a proposal from the Ministry of autonomies, in coordination with the Ministry of Foreign Affairs, in one period not exceeding sixty (60) days from the publication of this law.
THIRD. For registration purposes, collective persons who develop activities in more than one Department and obtained their legal status prior to the entry into force of this law, must be submitted to the Ministry of autonomous a certified copy of their legal status within the period of one (1) year from the publication of this law.
-FOURTH. Within the period of two (2) years from the publication of this law, legally recognized religious associations with legal personality will be the procedure for approval to the Ministry of Foreign Affairs. After that period and not having requested its approval, the Ministry of Foreign Affairs will proceed to the revocation of the granted legal personality.
SOLE ABROGATION AND REPEAL PROVISION. They abrogate and repealing all provisions contrary to this law.
SOLE FINAL PROVISION. For purposes of standardizing information, departmental autonomous governments, be sent to the Ministry of autonomies the detail of the legal personalities of collective persons registered, in accordance with regulation.
Refer to the Executive Branch, for constitutional purposes.
It is given in the plurinational Legislative Assembly Hall, in the fifth day of the month of March of two thousand thirteen years.
FDO. Lilly Gabriela MONTAÑO Viana, Lucio brand Mamani, Claudia Jimena Torres Chavez, Marcelina Chavez Salazar, Marcelo William Elio Chavez, Angel David Cortez Villegas.
I therefore enacted it is and meets as a law of the plurinational State of Bolivia.
Government Palace of the city of La Paz to the nineteen days of the month of March of the year two thousand thirteen.
FDO. EVO MORALES AYMA, David Choquehuanca Céspedes interim presidency, Cecilia Luisa Ayllon and exterior relations Minister Quinteros, Claudia clear Stacy Pena, Amanda Davila Torres.