JOHN CARLOS I

KING OF SPAIN

To all who present it and understand it.

Sabed: That the General Courts have approved and I come to sanction the following Organic Law.

EXPLANATORY STATEMENT

I

The fundamental right of association, recognized in Article 22 of the Constitution, and of ancient tradition in our constitutionalism, constitutes a sociological and political phenomenon, as a natural tendency for people and as participation instrument, in respect of which the public authorities cannot remain on the sidelines.

Our Constitution is no stranger to these ideas and, based on the principle of associative freedom, contains rules concerning associations of constitutional relevance, such as political parties (Article 6), trade unions (Articles 7 and 28), religious confessions (Article 16), associations of consumers and users (Article 51) and professional organisations (Article 52), and in a general manner defines, in Article 22, the principles common to all associations, eliminating the system of preventive control, contained in Law 191/1964, of 24 of December, of Associations, and enabling their exercise.

Consequently, the inescapable need to address the development of Article 22 of the Constitution, through Organic Law, as it is a fundamental right (Article 81), implies that the general rule of law the association is compatible with the specific modalities regulated in special laws and in the norms that develop them, for the political parties, the trade unions, the associations, the religious denominations, the associations sports, and professional associations of Judges, Magistrates and Prosecutors. With this objective, a minimum and common regime is established, which is also the regime to which the associations not covered by the special legislation will be adjusted.

It has been chosen to include in a single normative text the full and comprehensive regulation of all these aspects related to the right of association or to its free exercise, in the face of the possibility of distinguishing, in two texts legal, the aspects that constitute the essential core of the content of this right-and, therefore, regulatable by Organic Law-of those others who for not having that character do not require such a normative instrument.

This division would have been difficult to achieve for the following reasons: firstly, in the present text they are intertwined, sometimes as different paragraphs of the same article, precepts of organic and ordinary nature, by which their separation would have led to a loss of technical quality of the norm and to a greater difficulty in their understanding, application and interpretation; and second, grouping together in a single text-always differentiating according to nature organic or not-the basic code that regulates the right of association, is favored its knowledge and management by the citizens, whose perception of the right of association is basically unitary in terms of its regulatory regulation, at least in the state sphere.

It is undeniable, too, and so the Economic and Social Committee of the European Union recalls in its opinion of 28 January 1998, the importance of partnerships for the conservation of democracy.

Associations allow individuals to recognize themselves in their convictions, actively pursue their ideals, fulfill useful tasks, find their place in society, make themselves heard, exert some influence, and bring about change.

By organizing, citizens are given more effective means to reach their opinion on the different problems of society to those who make political decisions. Strengthening the democratic structures in society will reverse the strengthening of all democratic institutions and contribute to the preservation of cultural diversity.

In this sense, the legislator must be especially aware, in regulating the right of association, of the mandate contained in article 9.2 of the Constitution, which derives directly from the configuration of our State as social and democratic rule of law. It is in this legislative framework that the task assigned to the public authorities to facilitate the participation of citizens in all social fields is called to find their main expression. This philosophy pervades the whole norm, since one of the decisive instruments for real and effective participation is the existence of vigorous associationism. This must be made compatible with respect for associative freedom and with non-interference in its internal functioning, so that forms of interventionism contrary to our supreme rule are not covered under the pretext of encouragement.

II

This Organic Law, following our legal tradition, limits its scope to non-profit associations, which allows to leave out of the scope of application of the same to civil, commercial, industrial and In the case of the Commission, the Commission has taken into account the fact that the Commission's proposal for a Directive on the protection of the environment and the protection of the environment is a matter for the Member State concerned. Constitution can project, tangentially, its protective scope when in this type of entities provide for rights that do not have a patrimonial character.

corporations also cannot be included in the call to exercise, by legal mandate, certain public functions, when they develop them.

On the other hand, the criminal law of the associations, whose definition corresponds to the criminal law, constitutes the impassable limit of the protection of the right of association.

III

The right of association projects its protection from a double perspective; on the one hand, as the right of people in the field of social life, and, on the other hand, as the capacity of their own associations for their operation.

The Law, along its articulated and systematically located, expressly develops the two facets.

As for the first, the positive aspects appear, such as freedom and voluntariness in the constitution of associations, parallel to the contemplation of the ownership of the right to constitute associations, without (a) the conditions which, for the exercise of which it lays down, the laws in force, and the rights inherent in the condition of the associate; and the negative conditions, which imply that no one may be required to enter into an association or to remain in his/her breast.

The second one collects the capacity of the associations to register in the corresponding Register; to establish their own organization in the framework of the Law; for the realization of activities directed to the fulfillment of their In the context of specific sectoral legislation, and finally, in order not to suffer any interference from the Administrations, as in the case of Article 22 (4) of the Constitution, except where it may be determined for the concurrence of other values, rights or constitutional freedoms to be the subject of protection at the same time and level as the right of association.

IV

The growing importance that associations have in legal traffic advises, as a guarantee of those who enter such traffic, that the Law takes as a point of reference-in relation to its responsibility regime-the moment in which the registration is produced in the corresponding Register.

This same guarantee makes it necessary to regulate important extremes in the legal traffic, as are the content of the founding act and the Statutes, the modification, dissolution and liquidation of the associations, their documentary and accounting obligations, and the disclosure of the identity of the members of the management and administrative bodies.

The consequence of the registration in the Register will be the separation between the patrimony of the association and the patrimony of the associates, without prejudice to the existence, and possibility of demand, of the responsibility of those which, with their acts or omissions, cause the association or third parties to damage or damage them.

V

The content of Article 22.3 of the Constitution derives from the fact that the Administration does not, when managing the Registers, have any powers that may involve material control of legalization or recognition.

Therefore, the procedure for registration is regulated in the aforementioned constitutional limits, establishing the registration for positive silence in coherence with the fact that it is an exercise of a fundamental right.

VI

This Law recognizes the importance of the associative phenomenon, as an instrument of integration in society and participation in public affairs, before which the public authorities have to maintain a careful balance, of a

the Commission has also been able to take the necessary measures to ensure that the Commission is able to take the necessary measures.

It is evident that associations play a fundamental role in the various fields of social activity, contributing to an active exercise of citizenship and the consolidation of an advanced democracy, representing the interests of citizens in the face of public authorities and the development of an essential and essential function, inter alia, in development, environment, promotion of human rights, youth, public health, culture, employment and other of similar nature, for which the Law provides for the granting of aid and grants by the various public administrations in accordance with the general legal and regulatory framework that provides for them, and the specific rules that are legally regulated in the future.

Therefore, a chapter dedicated to the promotion that incorporates, with adjective modifications, the regime of the associations of public utility, recently updated, is included as a dynamizing instrument of the realization of activities of general interest, which will be decisive for the benefit of the community.

It cannot be forgotten, in this respect, the important role of the volunteers, so the Administration will have to take into account the existence and activity of the volunteers in their respective associations, in the established terms In Law 6/1996, of January 15, of the voluntary service.

VII

In Chapter VII the jurisdictional guarantees are contemplated, without which the exercise of the right of association could become a mere declaration of principles.

The application of the special procedures for the protection of the fundamental rights of the person, corresponding in each court order, does not offer any doubt, in all those aspects that constitute the fundamental content of the right of association.

Likewise, Article 22 (4) of the Constitution is the subject of development, establishing the causes of suspension and judicial dissolution of the associations; and, as regards the protection, in ordinary procedure, of the Judicial-administrative and civil jurisdictional orders, the Law does not change, in essence, the pre-existing situation, referring to the jurisdictional jurisdiction to the Organic Law of the Judiciary.

VIII

Another notable feature of the Law is the possibility of the creation of the Sectoral Councils of Associations as organs of collaboration and advice, of which the representatives of the administrations and the associations, as a framework for joint action in the various associative sectors, given their wide diversity, and which will serve as a means of dialogue, so that the role and evolution of the partnerships will respond to current and future needs.

It is necessary for associations to collaborate not only with the Administrations, but also with industry and commerce, business organizations and trade unions; built collaboration on a relationship of mutual trust and exchange of experience, particularly on issues such as the environment, culture, education, health, social protection, the fight against unemployment, and the promotion of human rights. With the creation of the Sectoral Councils of Associations, it is intended to channel and encourage this collaboration.

IX

This Law, in accordance with the provisions of the first provision, is clearly respectful of the doctrine of the Constitutional Court, which is contained in the judgment of 23 July 1998, in respect of the reserve of law In the case of the system of the distribution of powers, which is evident from the Constitution and the Statute of Autonomy. Therefore, the existing regional legislation on associations has also been taken into account.

The range of organic law, ex Article 81.1 of the Constitution, reaches, in the terms of paragraph 1. of the first provision, to the precepts of the Law considered as essential elements of the content of the right of association, which is manifested in four dimensions: in the freedom of creation of associations and of association to the already created; in the freedom not to associate and to cease to belong to them; in the freedom of internal organization and functioning without external interference; and in a set of faculties of the associates considered individually in front of the associations to which they belong.

Article 149.1.1. of the Constitution enables the State to regulate and guarantee the primary content, elementary faculties and essential limits in what is necessary to ensure the equality of all The present law, in the exercise of the right of association, in the exercise of the right of association, in the aspects relating to the definition of the legal concept of association, as well as in the external legal regime of the associations, all They require uniform treatment.

The second of the competition titles stated in the Law is that provided for in Article 149.1.6. of the Constitution, as far as procedural law is concerned and which responds to the need to safeguard the uniformity of the jurisdictional instruments.

The definition and regime of the declared associations of State public utility is intended to stimulate the participation of associations in the performance of activities of general interest, and therefore it is dictated by of Article 149.1.14. of the Constitution.

The remaining rules of the Law are applicable only to associations of state competence, which will reach all those associations for which the Autonomous Communities do not have exclusive powers, and, where appropriate, to foreign associations.

In short, this Law seeks to overcome the current pre-constitutional law by taking as fundamental criteria the democratic structure of the associations and their lack of profit, as well as guaranteeing the participation of the people in these, and the participation of associations in social and political life, from a spirit of freedom and pluralism, recognizing, in turn, the importance of the functions that they serve as social agents of change and social transformation, in accordance with the principle of subsidiarity.

CHAPTER I

General provisions

Article 1. Object and scope of application.

1. The purpose of this Organic Law is to develop the right of association recognized in Article 22 of the Constitution and to establish those rules of the legal system of the associations that correspond to the State.

2. The right of association shall be governed in general by the provisions of this Law, within the scope of which all non-profit associations are included and which are not subject to an associative regime. specific.

3. They will be governed by their legislation specific to political parties; trade unions and business organisations; churches, confessions and religious communities; sports federations; consumer and user associations; and any other regulated by special laws.

Associations constituted for exclusively religious purposes by churches, confessions and religious communities shall be governed by the provisions of international treaties and specific laws, without prejudice to the application of the provisions of this Organic Law.

4. The communities of property and owners and entities governed by the provisions relating to the contract of society, cooperatives and mutual societies, as well as the temporary unions, are excluded from the scope of this Law. companies and economic interest groups.

Article 2. Content and principles.

1. All persons have the right to freely associate themselves for the attainment of lawful purposes.

2. The right of association includes the freedom to associate or create partnerships, without the need for prior authorisation.

3. No one can be required to constitute an association, to integrate into it or to remain within it, nor to declare its membership of a legally constituted association.

4. The formation of associations and the establishment of their organization and functioning will be carried out within the framework of the Constitution, this Organic Law and the rest of the legal system.

5. The internal organisation and the functioning of the associations must be democratic, with full respect for pluralism. Covenants, statutory provisions and agreements that do not know any of the aspects of the fundamental right of association shall be null and void.

6. Public entities may exercise the right of association with each other, or with private individuals, as a measure of promotion and support, provided that they do so on an equal basis with them, in order to avoid a dominant position in the operation of the association.

7. Associations that pursue or use media that are classified as a crime are illegal.

8. Secret and paramilitary associations are prohibited.

9. The status of a member of a particular association cannot, in any case, be a reason for favour, advantage or discrimination against any person on the part of the public authorities.

Article 3. Capacity.

They may constitute associations, and be part of them, natural persons and legal persons, whether public or private, in accordance with the following principles:

(a) Natural persons need to have the capacity to act and not be subject to any legal status for the exercise of the right.

(b) Non-emancipated minors of more than 14 years with the consent, documented, of the persons who are required to supply their capacity, without prejudice to the arrangements provided for in the case of associations for children, youth or students in Article 7.2 of the Organic Law 1/1996, of January 15, of Legal Protection of the Child.

[c] The members of the Armed Forces or the Armed Forces of a military nature will have to abide by the provisions of the Royal Ordinance for the Armed Forces and the rest of its specific rules for the exercise of the Armed Forces. association right.

(d) The Judges, Magistrates and Prosecutors shall abide by their specific rules for the exercise of the right of association in respect of professional associations.

(e) Legal persons of an associative nature shall require the express agreement of their competent body, and those of an institutional nature, the agreement of their governing body.

(f) Associations may constitute federations, confederations or unions, prior to the fulfilment of the conditions required for the formation of associations, with the express agreement of their competent bodies.

(g) Public legal persons shall be the holders of the right of association in the terms of Article 2.6 of this Law, unless they establish otherwise their constitutional and regulatory rules, to which they shall comply, in any case, the exercise of that.

Article 4. Relationships with the Administration.

1. The public authorities, in the field of their respective competences, shall encourage the formation and development of associations which carry out activities of general interest.

2. The Administration may not take preventive or suspensive measures that interfere with the internal life of the associations.

3. The granting of aid or public subsidies and, where appropriate, the recognition of other legal or regulatory benefits provided for, shall be conditional upon compliance with the requirements laid down in each case.

4. The competent authority shall provide the advice and technical information available, where requested, by those who undertake joint projects of general interest.

5. Public authorities shall not provide any aid to associations which, in their admission process or in their operation, discriminate on grounds of birth, race, sex, religion, opinion or any other condition or personal circumstance or social.

6. Public authorities shall not provide any aid, economic or otherwise, to associations which, with their activities, promote or justify hatred or violence against natural or legal persons, or in which they justify or justify a any means of terrorist offences or of those who have participated in their execution, or the carrying out of acts involving disrepute, disparagement or humiliation of the victims of terrorist offences or of their relatives.

For these purposes, an association shall be deemed to carry out the activities provided for in the preceding paragraph, where one of the members of its representative bodies, or any other active member, has been convicted of a firm sentence for membership, service or collaboration with an armed gang as long as it has not fully complied with the sentence, if it had not publicly rejected the aims and means of the terrorist organisation to which it belonged or with the one who collaborated or supported or exalto.

In addition, any action taken by members of their governing and representation bodies, or any other active members, when they have acted on behalf, on behalf or on behalf of their members, shall be deemed to be the activity of the association. representation of the association, even if it does not constitute the end or the activity of the association in the terms described in its Statutes.

The provisions of this paragraph are without prejudice to the provisions of criminal law and article 30.4 of this Law.

CHAPTER II

Constitution of the associations

Article 5. Constitution agreement.

1. The associations are constituted by agreement of three or more legally constituted natural or legal persons, who undertake to put in common knowledge, means and activities in order to achieve a lawful, common, interest general or special, and are provided with the Statutes governing the operation of the association.

2. The agreement of the constitution, which will include the approval of the Statutes, will be formalized by means of the founding act, in public or private documents. With the award of the act, the association shall acquire its legal personality and the full capacity to act, without prejudice to the need for its registration for the purposes of Article 10.

3. This article will also apply to the constitution of federations, confederations and associations of associations.

Article 6. Foundational Act.

1. The foundational act must contain:

(a) The name and surname of the promoters of the association if they are natural persons, the name or the social reason if they are legal persons, and in both cases the nationality and the domicile.

(b) The will of the promoters to constitute an association, the covenants which, if any, would have established and the name of the association.

(c) The approved Statutes governing the operation of the association, the content of which shall be in accordance with the requirements of the following Article.

d) Place and date of granting of the minutes, and signature of the promoters, or their representatives in the case of legal persons.

e) The designation of the members of the provisional governing bodies.

2. The founding act shall accompany, in the case of legal persons, a certificate of the agreement validly adopted by the competent body, showing the wish to constitute the association and to be a part of it and the designation of the natural person to represent it; and, in the case of natural persons, the accreditation of their identity. Where the licensors act through a representative, they shall be accompanied by the accreditation of their identity.

Article 7. Statutes.

1. The Statutes shall contain the following:

a) The name.

(b) The address, as well as the territorial scope in which the activities are to be carried out mainly.

c) The duration, when the association is not constituted for an indefinite period.

d) The purposes and activities of the association, described precisely.

e) The requirements and modalities of admission and discharge, sanction and separation of the associates and, where applicable, the classes of the associates. They may also include the consequences of non-payment of quotas by the partners.

(f) The rights and obligations of the partners and, where applicable, of each of their different modalities.

g) The criteria that ensure the democratic functioning of the association.

(h) The governing and representation bodies, their composition, rules and procedures for the election and replacement of their members, their powers, the duration of the charges, the causes of their cessation, the manner of deliberating, adopting and implementing their agreements and the persons or positions with the right to certify them and the requirements for the aforementioned organs to be validly constituted, as well as the amount of associates necessary to be able to convene sessions of the governing bodies or propose issues on the agenda.

i) The administration, accounting and documentation system, as well as the date of closure of the associative exercise.

j) The initial assets and economic resources to be used.

k) Causes of dissolution and destination of the estate in such an event, which will not be able to distort the non-profit nature of the entity.

2. The Statutes may also contain any other legal provisions and conditions that the promoters consider appropriate, provided that they do not object to the laws or contradict the association's configurator principles.

3. The content of the Statutes may not be contrary to the legal order.

Article 8. Name.

1. The name of the associations may not include an expression or expression which leads to error or confusion about their own identity, or about the class or nature thereof, in particular by the adoption of words, concepts or symbols, acronyms and similar to different legal persons, whether or not they are of an associative nature.

2. Names shall not be admissible which include expressions contrary to the law or which may constitute an infringement of the fundamental rights of persons.

3. It shall also not coincide, or resemble in such a way as to create confusion, with any other previously entered in the Register in which it is registered, nor with any other public or private legal person, or with pre-existing entities, whether or not they are a Spanish nationality, or with natural persons, except with the express consent of the person concerned or his successors, or with a registered trademark, unless requested by the holder of the same or with his/her consent.

Article 9. Address.

1. The associations which are constituted under this Law shall have their domicile in Spain, in the place they establish their Statutes, which may be the seat of their representative body, or the place where they mainly develop their activities.

2. They must have their registered office in Spain, associations which carry out activities mainly within their territory.

3. Without prejudice to the provisions of Community law, foreign associations in order to pursue activities in Spain, in a stable or lasting manner, shall establish a delegation on Spanish territory.

Article 10. Registration in the Register.

1. The associations governed by this Law must register in the corresponding Register, for the sole purpose of advertising.

2. The registration makes public the constitution and the statutes of the associations and is guarantee, both for the third parties that with them are related, and for their own members.

3. The promoters shall carry out the necessary actions for the purposes of the registration, in response to the consequences of the lack thereof.

4. Without prejudice to the liability of the association itself, the promoters of non-registered associations shall, personally and jointly, respond to the obligations of third parties. In such a case, the partners will respond jointly and severally to the obligations of any of them vis-à-vis third parties, provided that they have indicated to act on behalf of the association.

CHAPTER III

Operating the associations

Article 11. Arrangements for associations.

1. The arrangements of the associations, as regards their constitution and registration, shall be determined by the provisions of this Organic Law and the regulatory provisions that are laid down in its development.

2. As regards their internal arrangements, the associations will have to adjust their operation to the provisions of their own Statutes, provided that they are not in contradiction with the rules of this Organic Law and with the regulatory provisions which dictate for the application of the same.

3. The General Assembly is the supreme governing body of the association, composed of the associates, which adopts its agreements by the majority principle or internal democracy and must meet, at least, once a year.

4. There shall be a representative body which manages and represents the interests of the association, in accordance with the provisions and directives of the General Assembly. Only partners may be part of the representation body.

To be a member of the organs of representation of an association, without prejudice to what they establish

their respective Statutes, will be indispensable requirements: being of age, being in full use of civil rights and not being incourse in the grounds of incompatibility established in the legislation in force.

5. In the event that members of the representative bodies may receive remuneration on the basis of the charge, they shall be included in the Statutes and in the annual accounts approved in assembly.

Article 12. Internal regime.

If the Statutes do not otherwise, the internal arrangements of the associations will be as follows:

(a) The powers of the body of representation shall be extended, in general, to all acts of the association's purposes, provided that they do not require, in accordance with the Statute, the express authorization of the Assembly. General.

(b) Without prejudice to the provisions of Article 11.3, the General Assembly shall be convened by the representative body, on an extraordinary basis, at the request of a number of associates not less than 10 per 100.

(c) The General Assembly shall be validly constituted, upon convocation effected-15 days before the meeting, when one third of the members present or represented, present or represented, and its president and its secretary shall be designated at the start of the meeting.

d) The General Assembly agreements shall be adopted by a simple majority of the persons present or represented, when the affirmative votes exceed the negative votes. However, they shall require a qualified majority of the persons present or represented, which shall result when the affirmative votes exceed half, the agreements relating to the dissolution of the association, amendment of the Statute, provision or disposal of goods and remuneration of members of the body of representation.

Article 13. Scheme of activities.

1. The associations shall carry out the activities necessary for the fulfilment of their purposes, although they shall comply with the specific legislation governing such activities.

2. The profits obtained by the associations, which are derived from the pursuit of economic activities, including the provision of services, must be exclusively intended for the purpose of their purposes, without any distribution between them. partners or their spouses or persons who live with the same relationship of affectivity, or their relatives, or their free transfer to natural or legal persons with a profit.

Article 14. Documentary and accounting obligations.

1. The associations must have an up-to-date relationship with their partners, keep an account of the true heritage, the result and the financial situation of the entity, as well as the activities carried out, carry out an inventory of his assets and collect in a book the minutes of the meetings of his governing and representation bodies. They shall keep their accounts in accordance with the specific rules applicable to them.

2. The associates will be able to access all the documentation-which is related in the previous section, through the organs of representation, in the terms provided for in the Organic Law 15/1999, of December 13, of protection of character data personnel.

3. The accounts of the association shall be approved annually by the General Assembly.

Article 15. Responsibility of the registered associations.

1. Registered associations respond to their obligations with all their present and future assets.

2. Associates do not personally respond to the association's debts.

3. The members or members of the governing and representation bodies, and the other persons acting on behalf and representation of the association, shall respond to the association, to the members and to third parties for the damage caused and the debts incurred by the association. intentional, culpous or negligent acts.

4. The persons referred to in the preceding paragraph shall respond to civil and administrative acts and omissions in the performance of their duties, and to the agreements which have, in respect of third parties, to the association and to the associates.

5. Where the liability cannot be attributed to any member or holder of the governing and representation bodies, they shall be jointly and severally liable for the acts and omissions referred to in paragraphs 3 and 4 of this Article, unless they can accredit that they have not participated in their approval and execution or that they expressly objected to them.

6. Criminal liability shall be governed by the provisions of criminal law.

Article 16. Amendment of the Statutes.

1. The amendment of the Statutes affecting the content provided for in Article 7 shall require an agreement adopted by the General Assembly which is specifically convened for such purpose, shall be the subject of registration within one month and shall only produce effects, both for the partners and for the third parties, since the registration of the corresponding associations has been carried out, and for the same reason the meaning of the silence provided for in Article 30.1 of this Law.

The remaining modifications will produce effects for the associates from the time of their adoption in accordance with the statutory procedures, while for third parties it will also be necessary to register in the Register corresponding.

2. The registration of the statutory amendments shall be subject to the same requirements as the registration of the Statutes.

Article 17. Dissolution.

1. The associations shall be dissolved by the causes provided for in the Statutes and, failing that, by the will of the members expressed in the General Assembly convened for the purpose, as well as by the causes determined in Article 39 of the Civil Code and by firm court judgment.

2. In all cases of dissolution, the assets provided for in the Statute must be given to the estate.

Article 18. Liquidation of the association.

1. The dissolution of the association opens the liquidation period, until the end of which the entity retains its legal personality.

2. The members of the body of representation at the time of dissolution become liquidators, unless the Statute establishes otherwise or the General Assembly or the judge, which, if necessary, agrees to the dissolution.

3. It corresponds to the liquidators:

a) Vellar for the integrity of the association's heritage.

b) Conclude pending operations and making the new ones, which are accurate for settlement.

c) Collect the association credits.

d) Liquidate the estate and pay the creditors.

e) Apply the excess assets of the association to the purposes provided for by the Statutes.

f) Request the cancellation of the seats in the Register.

4. In the event of the insolvency of the association, the representative body or, if applicable, the liquidators must immediately promote the appropriate insolvency proceedings before the competent court.

CHAPTER IV

Associates

Article 19. Right to be associated.

Integration into a constituted association is free and voluntary, and must conform to the provisions of the Statutes.

Article 20. Succession in the associated condition.

The condition of the associate is untransmittable, unless the Statutes provide otherwise, by cause of death or free of charge.

Article 21. Rights of the associates.

All associated holds the following rights:

a) To participate in the activities of the association and in the governing and representation bodies, to exercise the right to vote, as well as to attend the General Assembly, in accordance with the Statutes.

b) To be informed about the composition of the governing bodies and representation of the association, its statement of accounts and the development of its activity.

c) To be heard prior to the adoption of disciplinary measures against him and to be informed of the facts that give rise to such measures, the agreement which, if any, imposes the sanction, must be motivated.

d) To challenge the agreements of the organs of the association that it considers contrary to the law or the Statutes.

Article 22. Duties of the associates.

They are the duties of the associates:

a) Share the goals of the association and collaborate to achieve them.

(b) Pay the fees, branches and other contributions which, according to the Statutes, may correspond to each partner.

c) Meet the other obligations resulting from the statutory provisions.

d) Acatar and fulfill the agreements validly adopted by the governing bodies and representation of the association.

Article 23. Voluntary separation.

1. Associates have the right to voluntarily separate from the association at any time.

2. The Statute may provide that, in the event of the voluntary separation of an associate, the associate may receive the initial equity or other financial contributions made, without including the membership fees to the association which he/she had paid, subject to the conditions, scope and limits laid down in the Statute. This is always understood to mean that the reduction of assets does not involve damage to third parties.

CHAPTER V

Associations Records

Article 24. Right of registration.

The right of association includes the right to registration in the Register of Competent Associations, which may only be refused when the requirements laid down in this Organic Law are not met.

Article 25. National Register of Associations.

1. The National Register of Associations, whose organic dependence shall be determined in accordance with the rules, shall be the subject of the registration of the associations and other acts in accordance with Article 28 concerning:

(a) Associations, federations, confederations and associations of associations at the state level and all those that do not primarily develop their functions in the territorial scope of an Autonomous Community.

(b) Foreign associations that develop activities in Spain, in a stable or long-lasting way, that will have to establish a delegation in Spanish territory.

When the field of activity of the foreign association is primarily that of one or more Autonomous Communities, the National Registry shall communicate the registration to the aforementioned Autonomous Communities.

2. In addition to the entries referred to in paragraph 1, the National Register of Associations shall, by means of communication from the competent authority, establish the registration and dissolution seats of the associations, whose registration or deposit of Statutes in special registers is legally binding.

3. The National Registry of Associations shall carry a file of names, in order to avoid duplicity or similarity of these, which may lead to error or confusion with the identification of pre-existing entities or bodies, including religious registered in their corresponding register.

4. The structure and functioning of the National Register of Associations will be determined.

Article 26. Autonomous Records of Associations.

1. In each Autonomous Community there shall be an Autonomous Register of Associations, which shall have as its object the registration of associations that carry out their functions in the territorial field of those associations.

2. In any case, the records included in this article must inform the National Registry of Associations of the seats of registration and dissolution of the associations of autonomy.

Article 27. Cooperation and collaboration between Registers.

Cooperation and collaboration mechanisms will be established between the different Associations Records.

Article 28. Inscribable acts and documentation repository.

1. The registration of the associations shall contain the seats and their modifications relating to:

a) The name.

b) The address.

c) Statutory purposes and activities.

d) The territorial scope of action.

e) The identity of government and representation organ holders.

f) The opening and closing of the entity's delegations or establishments.

g) The date of the constitution and the date of registration.

h) The declaration and revocation of the public utility condition.

i) The associations that constitute or integrate federations, confederations and unions.

j) Membership of other associations, federations, confederations and unions or international entities.

k) The low, suspension or dissolution of the association, and its causes.

2. The following documentation, original or through the corresponding certificates, will be deposited in the Associations Records:

(a) The foundational act and those in which agreements that modify the registry extremes or intend to enter new data in the Register are found.

b) The Statutes and their modifications.

(c) The opening, transfer or closure of delegations or establishments.

d) The reference to the incorporation or reduction of associations in federations, confederations and unions; and, in the Register in which they are registered, the relative to the absence or incorporation of associations.

e) The one that relates to the dissolution and the destination given to the remaining assets as a result of the dissolution of the entity.

3. Foreign associations, validly formed in accordance with their personal law and this law, shall enter the data referred to in paragraph 1 (a), (b), (c), (d), (e) and (f), and in addition to the cessation of their activities in Spain; and deposit the documents referred to in points (b), (c) and (e) of paragraph 2, in addition to documentary evidence that they are validly constituted.

4. Any substantial alteration of the data or documentation in the Register shall be subject to updating, upon request of the relevant association, within one month of the date of such an update.

Article 29. Advertising.

1. The Associations Records are public.

2. Advertising shall be made effective by certification of the content of the seats, by simple information or by copying of the seats and documents deposited in the registers or by computer or telematic means which shall conform to the requirements of the requirements laid down in the rules in force on the protection of personal data.

Article 30. Legal status of the registration.

1. The time limit for registration in the relevant Register shall be, in any case, three months from the receipt of the application in the competent body.

After the registration period indicated in the previous paragraph without any express resolution, the application for registration may be understood.

The Administration shall proceed to the registration, limiting its activity to the verification of compliance with the requirements to be met by the founding act and the Statutes.

2. Where formal defects are noted in the application or in the accompanying documentation, or where the name coincides with another registered or may mislead or confusion with it, or where the name matches a registered trade mark Unless requested by the holder of the same or with his/her consent, the time limit for the registration shall be suspended and the corresponding period for the correction of the defects shall be opened.

3. Where the requesting entity is not included in the scope of this Law or has no association nature, the Administration shall, after hearing it, refuse to register it in the relevant Register of Associations and shall indicate to the applicant the registration or administrative body competent to register it. The refusal will always be motivated.

4. Where there are reasonable grounds for criminal unlawful in the formation of the associative entity, a reasoned decision shall be made by the competent body, with the transfer of all the documents to the Ministry of the Prosecutor or the court or tribunal. competent, and communicating this circumstance to the entity concerned, the administrative procedure being suspended until such time as firm judicial resolution.

Where there are rational indications of criminal illiteness in the activity of the associative entity, the competent body shall give a reasoned decision, transferring all the documentation to the Prosecutor's Office or to the body. competent court, and communicating this circumstance to the entity concerned.

5. In the cases referred to in paragraphs 2 and 3 of this Article, appeals may be brought before the judicial-administrative court, and in the case of paragraph 4, in the case of a criminal court order.

CHAPTER VI

Promotion measures

Article 31. Incentive measures.

1. Public administrations, within the scope of their respective competences, shall promote and facilitate the development of associations and federations, confederations and unions pursuing purposes of general interest, while respecting freedom of expression and autonomy vis-à-vis the public authorities. In addition, public administrations will provide the necessary collaboration to people who intend to undertake any associative project.

2. The General Administration of the State, in the field of its competence, shall encourage the establishment of assistance mechanisms, information services and outreach and recognition of the activities of the associations that pursue objectives of general interest.

3. Associations pursuing objectives of general interest may, on the terms and with the scope to be established by the competent Ministry or Ministries, enjoy grants and grants on the basis of specific associative activities.

Public grants awarded for the development of certain activities and projects may only be allocated for that purpose and shall be subject to general public subsidy rules.

4. The guarantees and rights covered by this Article shall not be eligible for non-registered associative entities.

5. Public administrations, in the field of their competences, may establish partnerships with the objectives of general interest, partnership agreements in programmes of social interest.

Article 32. Public utility associations.

1. At the initiative of the relevant associations, associations in which the following requirements are met may be declared to be of public use:

(a) That its statutory purposes tend to promote the general interest, in the terms defined by Article 31.3 of this Law, and be of a civic, educational, scientific, cultural, sporting, health, promotion of the (a) constitutional values, the promotion of human rights, social assistance, development cooperation, the promotion of women, the protection of children, the promotion of equal opportunities and the promotion of human rights, the environment, the promotion of the social economy or research, the promotion of voluntary social, consumer and user advocacy, promotion and care for people at risk of exclusion for physical, social, economic or cultural reasons, and any others of a similar nature.

(b) that their activity is not restricted solely to the benefit of their associates, but is open to any other potential beneficiary who fulfils the conditions and characters required by the nature of his or her own purposes.

(c) Members of the representation bodies who receive remuneration do not do so from public funds and grants.

By way of derogation from the preceding paragraph, and in the terms and conditions to be determined in the Statute, they may receive appropriate remuneration for the performance of services other than the functions which they are required to perform. correspond as members of the representation body.

d) That they have adequate personal and material resources and the right organization to ensure compliance with statutory purposes.

e) That they are constituted, registered in the corresponding Register, in operation and giving effective compliance to their statutory purposes, uninterrupted and concurring all the precedents requirements, at least during the two years immediately prior to the submission of the application.

2. The federations, confederations and associations of entities referred to in this Law may be declared of public service, provided that the conditions laid down in the previous paragraph are met, both by the federations, confederations and joins, as for each of the entities integrated into them.

Article 33. Rights of public utility associations.

Public utility declared associations will have the following rights:

a) Use the word "Public Utility Statement" in all documents, following their name.

b) To enjoy the tax exemptions and benefits that the laws recognize in favor of the same, in the terms and conditions provided for in the current regulations.

c) Enjoy economic benefits that the laws establish in favor of them.

(d) Free legal assistance as provided for in the specific legislation.

Article 34. Obligations of public utility associations.

1. The public utility associations shall be responsible for the annual accounts of the preceding financial year within six months of their completion, and shall submit a description of the activities carried out during the year before the end of the year. the body responsible for verifying its constitution and making its registration in the relevant Register, in which it shall be deposited. These annual accounts must express the true image of the assets, the results and the financial situation, as well as the origin, value, destination and application of the public revenue received.

It will be determined in which circumstances the annual accounts should be audited.

2. They shall also provide the public authorities with the reports required by them, in relation to the activities carried out in compliance with their purposes.

Article 35. Public utility declaration procedure.

1. The declaration of public utility shall be carried out in accordance with the Order of the Minister to be determined on a regulated basis, after a favourable report by the competent public authorities on the basis of the statutory purposes and the activities of the association, and, in any case, from the Ministry of Finance.

2. The declaration shall be revoked, after hearing the association concerned and the report of the competent public authorities, by Order of the Minister to be determined on a regulated basis, where the circumstances or the activity of the association are not respond to the requirements or requirements set out in Article 32, or those responsible for their management fail to comply with the provisions of the previous Article.

3. The procedure for declaration and revocation shall be determined by regulation. The expiry of the time limit for resolution, in the declaration procedure, without the adoption of an express resolution, shall have an adverse effect.

4. The public utility declaration and revocation shall be published in the "Official State Gazette".

Article 36. Other benefits.

The provisions of this Chapter are without prejudice to the competence of the Autonomous Communities for the declaration of public utility, for the purposes of applying the benefits set out in their respective orders. (a) to the associations which, in particular, carry out their tasks in their territorial field, in accordance with the procedure which the Autonomous Communities themselves determine and with respect to their own field of competence.

CHAPTER VII

Jurisdictional Guarantees

Article 37. Judicial protection.

The right of association regulated in this Organic Law will be protected by the special procedures for the protection of the fundamental rights of the person, corresponding in each court order, and, where appropriate, by the constitutional protection procedure before the Constitutional Court in the terms laid down in its Organic Law.

Article 38. Suspension and judicial dissolution.

1. Except where the partners are dissolved at the discretion, the associations may be suspended only in their activities, or dissolved, by a reasoned decision of the competent judicial authority.

2. The dissolution of the associations may be declared only in the following cases:

a) When they have the status of an illicit association, in accordance with criminal law.

(b) For the reasons provided for in special laws or in this law, or where it is declared void or dissolved by application of civil law.

3. In the proceedings referred to in the preceding paragraph, the competent judicial body, on its own initiative or at the request of a party, may agree to suspend the provisional suspension of the association until the judgment is delivered.

Article 39. Judicial-administrative jurisdictional order.

The judicial-administrative judicial order shall have jurisdiction in all matters arising from the administrative procedures instructed pursuant to this Law, in accordance with the rules established in the Organic Law of the Judiciary and in the Law of the Law of the Jurisdiction-Administrative Jurisdiction.

Article 40. Civil jurisdictional order.

1. The civil court order shall be competent, in the terms laid down in the Organic Law of the Judiciary, in relation to the claims arising from the private legal traffic of the associations, and their internal functioning.

2. The agreements and actions of the associations may be challenged by any associate or person who accredits a legitimate interest, if they consider them contrary to the legal order, for the proceedings of the judgment that corresponds.

3. The members may contest the agreements and actions of the association which they consider contrary to the Statutes within the period of forty days, from the date of adoption of the same, urging their rectification or annulment and the suspension If necessary, or by accumulating both claims for the formalities laid down in the Civil Procedure Act.

4. As long as the internal disputes which may arise in the associations are resolved, the requests for constancy of record which are made on the issues at issue shall only give rise to provisional entries.

Article 41. Communications.

The Judges and Courts shall order the inclusion in the corresponding Records of Associations of the judicial decisions to determine:

a) The enrollment of the associations.

b) The suspension or dissolution of the registered associations.

c) The modification of any of the ends of the Statutes of the registered associations.

d) The closure of any of its establishments.

e) Any other resolutions affecting acts that are susceptible to registration.

CHAPTER VIII

Industry Tips for Associations

Article 42. Sectoral Councils of Associations.

1. In order to ensure collaboration between public administrations and associations, as a channel for citizen participation in public affairs, Sectoral Councils of Associations, such as consultation bodies, information and advice in specific areas of action.

2. The Sectoral Councils of Associations shall be composed of representatives of public administrations, associations, and other members who are designated by their special conditions of experience or knowledge, taking into account the Specific competence distribution that exists in each subject.

3. Regulations, and for each specific sector, shall be determined in terms of their creation, composition, competence, operating system and administrative assignment.

Additional disposition first. Declaration of public utility of associations.

1. Sports associations which comply with the provisions of Article 32 of this Law may be declared of public utility, without prejudice to the provisions of Law 10/1990 of 15 October of Sport.

2. The other associations governed by special laws may also be declared to be of public utility, which comply with the provisions of Article 32 of this Organic Law.

3. The procedure for the declaration of public utility of the associations referred to in the preceding paragraphs, and the rights and obligations thereof, shall be as determined in Articles 33, 34 and 35 of this Organic Law.

Additional provision second. Registration procedures.

In the procedures for the registration of associations it will be applicable Law 30/1992, of November 26, of Legal Regime of the Public Administrations and of the Common Administrative Procedure, in all the regulated in this Law and its implementing rules.

Additional provision third. Extrajudicial resolution of conflicts.

Public Administrations will encourage the creation and use of out-of-court dispute resolution mechanisms that arise in the sphere of action of associations.

Additional provision fourth. Public subscriptions and subscriptions.

The promoters of public subscriptions and subscriptions, beneficial acts and other similar initiatives of a temporary nature, intended to raise funds for any lawful and determined purpose, respond, personal and jointly, in front of the persons who have contributed, the administration and the investment of the amounts collected.

First transient disposition. Registered partnerships.

1. The associations registered in the corresponding Register prior to the entry into force of this Law will be subject to it and will retain their legal personality and the fullness of their capacity, but must adapt their Statutes within two years.

2. Notwithstanding the foregoing, the registered associations must declare, within two years of the entry into force of this Law, that they are in a situation of activity and functioning, notifying the Registry in which they are registered the address of their registered office, and the identity of the components of their governing bodies and representation, as well as the date of choice or designation of such bodies.

Second transient disposition. Public utility declared associations.

Within one year the publication will be made in the "Official State Gazette" of the list of associations declared to be of public utility by the State, prior to the entry into force of this Organic Law.

Single repeal provision.

Law 191/1964 of 24 December, regulating associations, and how many provisions are opposed to this Organic Law is hereby repealed.

Final disposition first. Character of the Act.

1. Articles 1; 2 except paragraph 6; 3 except paragraph (g); 4.2, 5 and 6; 10.1; 19; 21; 23.1; 24; 29.1; 30.3 and 4; 37; 38; the single derogation provision; and the first, second and fourth final provisions have range of Organic Law, as they constitute the development of the fundamental right of association, contained in Article 22 of the Constitution.

2. Articles 2.6; 3 g); 4.1, and 4; 5; 6; 7; 8; 9; 10.2, 3 and 4; 11; 13.2; 15; 17; 18.4; 22; 25.2; 26; 27; 28; 30.1, 2 and 5; the fourth and the first transitional provision are of direct application throughout the State, under the provided for in Article 149.1.1.a of the Constitution.

3. Articles 39, 40 and 41 constitute procedural law, issued under Article 149.1.6. of the Constitution.

4. Articles 32 to 36, the additional first provision and the second transitional provision are issued under Article 149.1.14. of the Constitution, without prejudice to the foral tax regimes in force in the Historical Territories of the The Basque Country and the Autonomous Community of Navarre.

5. The remaining precepts of the Law will apply to associations at the state level.

Final disposition second. Extra character.

Except in those precepts that have the range of Organic Law, this Law has an additional character in respect of any other that regulate specific types of associations, or that have an effect in the field of the law of association recognised in Article 22 of the Constitution, without prejudice to the powers of the Autonomous Communities.

Final disposition third. Development.

The Government is empowered to dictate how many provisions are necessary for the implementation and development of this Law.

Final disposition fourth. Entry into force.

This Organic Law will enter into force two months after its publication in the "Official Gazette of the State".

Therefore, I command all Spaniards, individuals and authorities, to keep and keep this Organic Law.

Palma de Mallorca, 22 March 2002.

JOHN CARLOS R.

The President of the Acting Government,

MARIANO RAJOY BREY