Charities and Societies Proclamation (proc. no.621/2009)

SECTION FOUR SOCIETIES
55. Definition
1/ “Society” means an association of persons organized on non-profit making and voluntary basis for the promotion of the rights and interests of its members and to undertake other similar lawful purposes as well as to coordinate with institutions of similar objectives.
2/ Societies may form a consortium Society to coordinate their activities. Particulars shall be determined by the directives of the Agency.
56. Legal Personality of Societies
1/ Societies shall acquire legal personality upon registration by the Agency.
2/ Membership in a Society shall not be transferred or passed to third parties.
57. Rights and Obligations of Societies
1/ Any Society shall be open to a new member that fulfills the requirements of the Society.
2/ Any Society shall be managed by persons elected through the full participation of members.
3/ Every member of any Society shall have equal and one vote.
4/ No Society may admit or dismiss members except as provided by its rules.
5/ The member of any Society whose membership is terminated shall have the right to be heard by the executive organ before a final decision is made.
6/ Where the Society has Federal character and nomenclature, its work place and composition of the members shall show the representation of at least five Regional States.
7/ Ethiopian mass-based organizations may actively participate in the process of strengthening democratization and election, particularly in the process of conducting educational seminars on current affairs, understanding the platforms of candidates, observing the electoral process and cooperating with electoral organs.
8/ The rules of any Society shall be subject to amendment by the vote of a majority of members.
9/ Any Society shall, upon its member’s request, disclose documents that show its activities.
58. Structure of Societies
1/ The organizational structure of any Society shall be determined by its rules.
2/ Notwithstanding Sub-article (1) of this Article, no Society shall be organized without having a General Assembly, the necessary Officers and an Internal Auditor.
3/ An Internal Auditor shall not assume the position of an Officer.
59. Powers and Functions of the General Assembly
The General Assembly of the Society being the supreme and final decision making organ shall:
1/ enact and amend the rules of the Society;
2/ appoint, suspend or dismiss the executive committee of the Society;
3/ appoint, suspend or dismiss the Auditor of the Society and decide on his remuneration based on its rules;
4/ decide on policy and strategy matters of the
Society;
5/ decide on all matters concerning the society which do not fall within the powers and functions of other organs of the society;
6/ decide on dissolution of the Society;
7/ perform other functions entrusted to it by the rules of the Society.
60. Dissents from the Resolutions of the General Assembly
1/ Any member of the Society who has dissenting opinion may record his opinion separately in the minutes.
2/ Any member of the Society may apply to the Agency where he believes that the decisions rendered by the General Assembly contravene the rules of the Society or other relevant laws.
61. Meetings of the General Assembly
1/ The meetings of the General Assembly shall be held as is provided for in the rules of the Society.
2/ Where the Chairperson of the Assembly fails to convene the regular meeting of the General Assembly within 30 days in accordance with sub-article (1) of this Article, the Agency may, upon request of one or more members or officers of the Society convene the meeting of the General Assembly through the Chairperson or by its own.
3/ Where the meeting of the General Assembly was convened in accordance with Sub-article
(2) of this Article, the Agency may, where appropriate, nominate a Chairperson of the General Assembly.
4/ A quorum of the Society shall be as is provided for in its rules. Failing such provision, a simple majority of the Assembly shall constitute a quorum. Where the quorum is not fulfilled for two consecutive meetings, the quorum shall be deemed to have been fulfilled on the third, such meeting despite there not being a fifty percent presence upon the decision of the Agency.
5/ Decisions of the General Assembly shall be taken by the majority. In case of a tie, the Chairperson shall have a casting vote. The meetings procedures of the Society shall at all times conform to democratic principles.
6/ A decision not relating to the items on the agenda of the General Assembly shall be of no effect.
62. Powers and Functions of the Auditor
The Auditor shall have the following powers and functions:
1/ monitor the financial and property administration of the Society;
2/ prepare the internal audit report of the Society in accordance with standards acceptable in Ethiopia and submit to the General Assembly;
3/Notwithstanding the Provisions of this Proclamation regarding external audits the Society may at any time use an external auditor.
63. Information about Members
1/ The Officers of the Society shall record and keep the particulars of its members and furnish the same to the Agency upon request.
2/ The particular information required from Societies shall be determined by the directives of the Agency.

Ethiopia

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Abrham Yohannes

Abrham Yohannes Hailu Licensed Lawyer & Consultant

3 thoughts on “Charities and Societies Proclamation (proc. no.621/2009)”

  1. I need a lawyer who can assit a foreign NGO registration in Ethiopia. The purpose of the NGO is to assit Amhara freedom fighters and tackling the TPLF criminal leaders in throughout the country. I mean it.

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