law no 351
LAW OF MARCH 19, 2013
EVO MORALES AYMA
CONSTITUTIONAL PRESIDENT OF THE PLURINATIONAL STATE OF BOLIVIA
For the Plurinational Legislative Assembly, it has The following Act:
THE PLURINATIONAL LEGISLATIVE ASSEMBLY,
D E C R E T A:
LEGAL PERSONALITY AWARD LAW
ARTICLE 1. (OBJECT). This Law is intended to regulate:
I. The granting and registration of legal personality to social organizations, non-governmental organizations,
non-profit foundations and civil entities who develop activities in more than one department and whose activities are non-financial.
II. The granting and registration of legal personality to churches and religious groups and spiritual beliefs,
whose purpose is not profit.
ARTICLE 2. (CONSTITUTIONAL FRAMEWORK).
I. This Law is part of the exclusive competence assigned to the central level of the State, in the numerals 14 and 15
of Paragraph II of Article 298 of the Constitution of the State, in respect of the granting and the
legal personality to social organizations, non-governmental organizations, foundations, and non-profit civil entities that develop activities in more than one department.
II. Also, this Law is framed in the provisions of Article 297 Paragraph II and Article 3 of the Article
21 of the Constitution of the State.
ARTICLE 3. (APPLICATION SCOPE). This Law applies to:
I. Social organizations, non-governmental organizations, foundations, and non-profit civil entities that
develop activities in more than one department and whose activities are non-financial.
II. churches and religious groupings and spiritual beliefs, whose purpose is not profit.
ARTICLE 4. (DEFINITIONS). For the purposes of this Law and its Regulations, the following
definitions are set out:
Legal Personality. It is the legal recognition of legal fitness that is given to a non-profit civil entity, social organisations, non-governmental organisations and foundations, on sufficient capacity to be subject to rights and to contract obligations, in addition to carrying out activities that generate full legal responsibility, in front of themselves and versus third parties.
Social Organizations. (a) a group of persons who, in the care of the territory they occupy and/or common activities and related interests that develop, organize and/or promote initiatives of common interest for their components and/or organize themselves for the exercise of social control.
-Governmental Organizations. They are those entities governed by private law, which have a nature of social service, of assistance, beneficence, promotion and economic and social development, conformed by national and/or foreign, which with due recognition of the State, carries out development and/or non-profit assistance activities and whose activities are non-financial, with funds and/or own financing and/or external cooperation in the territory of the Status.
Foundations. Are those entities (a) private law which, when constituted, has a lasting effect on the assets of which it is to be set up for special purposes of general interest for non-profit purposes and whose activities are non-financial and for the purpose of carrying out its activities obtain recognition from the State.
Civil Entities without Lucro Fines. It is the set of private individuals who have the recognition of the State for non-profit and non-financial activities which tend to the common good.
Registration of Personality Legal. It is the inscription of the encoding and alphanumeric classification of the document of granting of the legal personality that is given to the collective persons, whose information is stored in a database.
RECOGNITION OF LEGAL PERSONALITY
ARTICLE 5. (RECOGNITION).
I. Social organizations, non-governmental organizations, foundations and non-profit civil entities, whose
scope of action and operation is greater than that of a department, must process their recognition of legal personality before 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). These are essential requirements for the recognition of legal personality:
Public Writing of Constitution;
Rules of Procedure;
Approval Acts of the Statute and Rules of Procedure;
Notarized Power of the Legal Representative;
Other that are determined by the competent entity at the central level of the State, as Regulation.
ARTICLE 7. (STATUTES).
I. The statutes within its content must indicate minimally:
Naming, nature, and address;
Object and purpose;
Of members, rights and obligations;
Organization, internal structure, and attributions;
Heritage and economic regime;
Internal admission and admission arrangements exclusion of members;
Modification of the statutes;
Regime concerning the extinction, dissolution and liquidation of the entity.
II. The statutes of the non-governmental organisations and foundations, should mention in their content,
additionally to what was required in the preceding paragraph:
The contribution to economic and social development;
The detail of the affectation of goods, in the case of foundations.
III. Social organizations, non-governmental organizations, foundations and non-profit civil entities,
should periodically register their sources of financing with the competent authority.
ARTICLE 8. (COMPETENT ENTITY). The Ministry of Autonomies is constituted in the entity
competent for the granting and registration of the legal personality to the social organizations, non-governmental organizations, foundations and non-profit civil entities, whose scope of action is greater than one department.
ARTICLE 9. (COORDINATION SYSTEM). The collective persons will be able to form and constitute networks
institutional or other entities of coordination and relationship, and must therefore deal with their respective legal entities, in accordance with this Law and its regulations.
ARTICLE 10. (DENOMINATION).
I. Non-governmental organizations should include the acronym? NGOs?
II. Foundations must include the prefix? Foundation? antecedying to the name of the entity.
ARTICLE 11. (PROHIBITION OF TRANSFER OF LEGAL PERSONALITY).
Any formtransfer and/or marketing of the legal personality of the collective persons is prohibited.
ARTICLE 12. (AMENDMENTS). Any modification to the Statutes and Internal Regulations shall be
processed in accordance with the provisions of this Law.
ARTICLE 13. (NON-GOVERNMENTAL ORGANIZATIONS? NGOs and FOUNDATIONS
FOREIGNERS). Non-governmental organizations and foundations incorporated abroad, shall deal with the Ministry of Foreign Affairs and the competent authorities at the central level of the State, the subscription of a framework agreement of basic cooperation with the Plurinational State of Bolivia, that allows them to operate legally in the territory.
ARTICLE 14. (REVOCATION OF LEGAL PERSONALITY).
legal personality will be revokedthose collective persons who:
Do not comply with the provisions of this Law and its regulations;
Realize activities other than the purposes mentioned in your statutes.
RECOGNITION OF LEGAL PERSONALITY TO RELIGIOUS AND SPIRITUAL ORGANIZATIONS
ARTICLE 15.RELIGIOUS AND SPIRITUAL ORGANIZATIONS).
Spiritual organizations are the set of natural, national, and/or foreign persons who perform worship practices and/or beliefs for spiritual development and/or religious on the horizon of Living Well, whose purpose is not profit.
ARTICLE 16. (SUBJECT MATTER).
I. In respect and guarantee of the right to religious and spiritual belief of indigenous nations and indigenous peoples
peasants and freedom of religion and spiritual beliefs, the granting of legal personality to the religious and spiritual organizations.
II. Within the framework of Article 297, Paragraph II, of the Constitution of the State, the granting of legal personality to
religious and/or spiritual organizations, as well as their Regulation, registration and control, is at the central level of the State Plurinational of Bolivia.
ARTICLE 17. (LEGAL PERSONALITY OF RELIGIOUS ORGANIZATIONS AND
I. The churches and religious groupings and spiritual beliefs established in the constitutional framework, will have legal personality as religious and spiritual organizations, whose granting will be dealt with the Ministry of Relations Foreign, for formal recognition by the Ministry of the Presidency, by Supreme Resolution.
II. For the purposes of their constitution and recognition, religious and spiritual organizations must present the
documentation and requirements required by the Ministry of Foreign Affairs, as per Regulation.
III. operation, supervision and revocation of the legal personality of religious organizations and
spiritual, as well as registration for the granting of their legal personality, will be subject to regulation.
FIRST. This Law may be used in an additional manner by the Autonomous Governments
Departmental, in accordance with the provisions of Article 11 of Law No. 031 of 19 July 2010, the Framework of Autonomy and Decentralization? Andres Ibanez?.
SECOND. The Regulation of this Law will be approved by a Supreme Decree, on a proposal from the Ministry of Autonomy, in coordination with the Ministry of Foreign Affairs, within a period of no more than sixty years. (60) business days from the publication of this Law.
THIRD. For the purposes of registration, the collective persons who carry out activities in more than one
Department and who obtained their legal status prior to the validity of this Law shall submit to the Ministry of Autonomies a legalized copy of its legal status within one (1) year of the publication of this Law.
FOURTH. Within two (2) years of the publication of this Law, the religious associations with
legally recognized legal personality, shall carry out the approval procedure before the Ministry of Foreign Affairs. After that period, the Ministry of Foreign Affairs shall revoke the legal personality granted.
OPENING and REPEAL PROVISION
ONLY. All provisions contrary to this Law are abrogated and repealed.
Ministry of Autonomy the detail of the legal personalities of registered collective persons, according to Regulation.
Remit to the Executive Body, for Constitutional purposes.
It is given in the Chamber of the Plurinational Legislative Assembly, five days of the month of March of two thousand thirteen
Fdo. Lilly Gabriela Montano Viana, Lucio Marca Mamani, Claudia Jimena Torres Chavez, Marcelina Chavez
Salazar, Marcelo William Elio Chavez, Angel David Cortez Villegas.
Therefore, I enact it so that it has and complies with the law of the State Plurinational of Bolivia.
Palace of Government of the city of La Paz at the nineteenth day of March of the year two thousand thirteen.
FDO. EVO MORALES AYMA, David Choquehuanca Cespedes MINISTER OF RELATIONS
FOREIGN AND ACTING PRESIDENT, CECILIA LUISA AYLLON QUINTEROS, Claudia Stacy Peña Claros, Amanda Davila Torres.