How to establish an association?

An association may be established by at least three founders. The founders of the association may be natural persons who are citizens of Bosnia and Herzegovina and foreigners who have their residence in Bosnia and Herzegovina, or legal persons registered in Bosnia and Herzegovina. An association may be established by physical and legal persons, but the number of founders must not be fewer than three.

For the establishment of an association that meets the conditions for registration, it is mandatory to adopt a founding act.

Actions taken between the establishment and the registration of an association can create obligations only for those who took those actions.

The association is considered to be established for an indefinite period, unless otherwise provided by a special law, the founding act and the statutes.

In order for the association to be entered in the Ministry's Register, the Founding Assembly of the association is required to adopt:

• the founding act, or the decision to establish the association;

• statutes of the association

• the decision on the appointment of the association's governing body.

The decision to establish the association – the founding act – contains:

a) the names and surnames, or the names, of the founders and their places of residence, or registered offices;

b) the name of the association;

c) the registered office and address of the association;

d) the aims and activities of the association;

e) the name and address of the person authorised to carry out the registration in the Register;

f) the name, surname and signatures of the founders;

g) the number and date of the founding act.

When the association's founder is a legal entity, the founding act of the association is signed by its representative, who appends their signature and the legal entity's seal to the full legal name.

The decision to establish the association, i.e. the founding act, is signed by the founder and the President of the Founding Assembly of the association, and bears the date and protocol number, e.g. 01/18.

The association's statutes contain:

a) the name of the association, its abbreviated name if any, and the association's address;

b) the aims and activities of the association;

c) procedure for admitting and expelling members;

d) the association's bodies, the manner in which they are elected, the powers they have, quorum and voting rules, the duration of the term of office, the person authorised to convene the general assembly, the conditions and manner of dissolution, or cessation of activities;

e) rules for acquiring, using and disposing of the association's funds, as well as the body authorised to supervise the use of those funds;

e1) the manner of submitting the financial report and the report on work;

f) the public likes it;

g) the procedure for amending and supplementing the statutes, the authorisation and manner of adopting other general acts;

h) a description of the shape and content of the association's seal and emblem;

i) representing the association;

j) the conditions and procedure for the merger, division or dissolution of the association, including any special quorum or rules for achieving a qualified majority in the voting process; and

k) the procedure for the disposal of the remaining assets or other resources in the event of the association's dissolution or cessation of activities.

The statute is signed by the President of the Founding Assembly of the association and bears the date and protocol number, e.g. 02/18.

PUBLICITY OF THE REGISTER

An association or foundation acquires legal personality on the day it is entered in the Register by the Ministry. The Register is open to the public and any interested person may, in person or by post, request a copy of any entry in the Register or any document from the file, in accordance with the provisions of the Law on Freedom of Access to Information in Bosnia and Herzegovina.

All decisions issued by the Ministry concerning the registration in the Register, the registration of amendments to the Register, and the registration of deletion from the Register are published in the 'Official Gazette of BiH' at the expense of the registered entities and on the Ministry's website.