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

SECTION FIVE
FORMATION, LICENSING AND REGISTRATION OF CHARITIES AND
SOCIETIES Sub-Section One Formation of Charities And Societies
64. Formation
1/ Charities and Societies shall be deemed to be formed when they fulfill the minimum requirements set forth in this Proclamation and regulations issued to implement this Proclamation.
2/ Any Charity or Society shall apply for registration within three month of its formation.
3/ Irrespective of the provision of Sub-article (2) of this Article, the Agency may allow a Charity or Society to apply for registration notwithstanding that the time limit has passed where good cause has been shown.
65. Effects of Formation
1/ Merely formed Charities and Societies shall have no legal personality.
2/ Upon registering and thus acquiring legal personality, the rights and duties of the Charity or Society formed shall accrue to the registered Charity or Society.
3/ Charities and Societies may not solicit money and property exceeding fifty thousand birr before its registration;
4/ Failure to register within the prescribed period shall be a ground for cessation of the formed Charity or Society.
66. Sector Administrators
1/ Relevant Federal Executive Organs shall be assigned by the minister as Charities and Societies Sector Administrators.
2/ For the purposes of this proclamation the Agency shall be a sector administrator for charities or societies that do not fall under any sector administrator or fall under more than one sector administrator.
3/ Any sector administrator may delegate powers and functions given to it under this proclamation to the relevant organs of federal government accountable to it.
67. Powers and Functions of Sector Administrators
Sector Administrators shall have the following powers and functions:
1/ provides necessary support to the Agency in the process of registration of Charities and Societies;
2/ assigns professionals who evaluate and recommend on the Charities’ and Societies’ programs and projects;
3/ supervises and controls operational activities of Charities and Societies and take necessary measures according to laws establishing it and its agreements with the Charities and Societies;
4/ A Sector Administrator taking measure by virtue of this Article shall notify the Agency of such measures within seven working days;
5/ Develop criteria that have to be followed by the Agency which shall assure the maximum benefits of the public from the activities of Charities and Societies;
6 may make arrangements with Charities for coordinated efforts towards the achievement of the common goals of the Charities and the said Sector Administrator.
Sub-Section Two Registration of Charities and Societies
68. Registration
1/ Subject to Article 69, the Agency shall, upon application and after ensuring the fulfillment of the requirements stipulated under this Proclamation, register the applicants as a Charity or a Society and issue a certificate of legal personality within 30 days from the date of application.
2/ Where the Agency does not issue a certificate of legal personality or does not make known that it will not do the same the applicant may apply to the Board not later than 15 days from the last date of the time limit prescribed in the sub-article.
3/ An application for registration under this Article shall include particulars concerning its goals, objectives and activities as per the form prepared by the Agency accompanied by:
a) a copy of the rules of the Charity or the Society and where applicable a document showing the act of constituting of a Charitable Trust or a Charitable Endowment;
b) such similar documents and duly completed forms as the Agency may require.
4/ In addition to the requirements set forth under sub-article (2), Charities that are established abroad shall present:
a)duly authenticated certificate of registration showing its establishment from its country of origin;
b)proof of the decision of its competent organ to operate in Ethiopia;
c)a letter of recommendation by the Embassy in which the Charity is incorporated or in the absence of such by a competent Government Organ in that country;
d)a letter of recommendation from the Ministry of Foreign Affairs of the Federal Democratic Republic of Ethiopia;
e)power of attorney of the country representative.
5/ The necessary registration fee shall be paid where an application for registration under this Article is made.
69. Refusal of Application for Registration
The Agency shall refuse to register a Charity or Society where one of the following reasons occur:
1/ the rules of the proposed Charity or Society do not comply with the necessary conditions set by this Proclamation;
2/ the proposed Charity or Society is likely to be used for unlawful purposes or for purposes prejudicial to public peace, welfare or good order in Ethiopia;
3/ the application for registration does not comply with the provisions of this law or any regulations made hereunder;
4/ the name under which the proposed Charity or Society to be registered resembles the name of another Charity or Society or any other institution or is contrary to public morality or is illegal;
5/ where the nomenclature of the Charity or Society is country wide and the composition of its members or place of business do not show the representation of at least five regional states.
70. Persons Who shall not Act as Officers
No person shall act as an Officer of a Charity or Society or a branch thereof if that person:
1/ has been convicted of a crime that involves fraud or other crimes that involve dishonest acts;
2/ has been convicted of any crime as a result of which she/he has been deprived of her/his civil rights and her/his civil rights have not yet been restored;
3/ is unable to act by reason of incapacity within the meaning of law;
4/ has been interdicted by a court;
5/ is ouside Ethiopia and his absence impedes the proper administration of the Charity or Society.
71. Register of Charities and Societies
1/ The Agency shall keep a register of Charities and Societies in which shall be entered such particulars as it may from time to time determine of any Charities and Societies
registered therein.
2/ A copy of or extract from any such document certified to be a true copy or extract under the signature of the Director of the Agency and seal of the Agency shall be admissible in evidence in any proceedings.
3/ The register of Charities and Societies may be prepared and kept in such manner as the Agency may think fit, including in electronic form.
4/ The Agency shall, by notification in the Gazette, publish the list of Charities and Societies registered, suspended or cancelled under this Proclamation.
72. Branch of a Charity or a Society
1/ Any Charity or Society may establish a branch based on its rules by giving prior notice to the Agency.
2/ The powers of the branch of the charity or society established under Sub-article (1) of this Article shall not make it an independent Charity or Society or not adequately under the control of the charity or society.
73. Change of Name, Place of Work or Rules
1/ If a Charity or Society Changes its name, place of work or amends its rules, it shall submit the change or amendment and get it registered under Article 68 of this Proclamation.
2/ The Agency may, after setting a reasonable time limit, order the amendment of the rule or correction of a fault where it is found that the provisions of sub-articles (1), (3), (4) and (5) of Article 69 are not complied with.
3/ A change of name by a Charity or Society under this Article shall not affect any rights or obligations of the Charity or Society; and any legal proceeding that might have been commenced by or against it in the former name may continue in its new name.
74. Use of Symbols
1/ No Charity or Society shall use any symbol without having registered such symbol by the Agency.
2/ The Agency shall consider the the requirements of registration under Article 69 while registering a symbol under Sub-article (1) of this Article.
75. Display of Certificate and Use of Advertisement Boards
1/ Every Charity or Society shall keep its certificate of registration in its Head Office and a copy thereof in its branches in a place that is visible to any visitor.
2/ Where a Charity or Society uses an advertisement board, it shall affix on such board those particulars as are determined by the directives of the Agency.
76. Renewal of License
1/ Whithout prejudice to the obligation of Charities to submit statements of accounts and annual reports as stipulated under Article 78 and 80 of this proclamation, the license of Charities and Societies shall be renewed every three years.
2/ The license shall be renewed not later than two months after the expiry date mentioned on the certificate of registration and license
3/ The Agency shall renew the license of Charities or Societies upon payment of renewal fees and when it ensures that;
a) the performance and audit reports are complete and accurate;
b) the Charity or Society has not violated the provisions of this Proclamation or Regulations or directives issued thereunder.

Ethiopia

Published by

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.

  2. It is nice to hear this good news! I want to thank you so much, this site has been very useful regarding Ethiopian legal issues. Please keep on what you are doing!!! Keep it up!

Leave a Reply

This site uses Akismet to reduce spam. Learn how your comment data is processed.