Simple association

From Encyklopedia Administracji Publicznej

SIMPLE ASSOCIATION – it is a simplified legal form of organising citizens (→ association). It requires three members – adult citizens with Polish citizenship and enjoying full public rights. The founding members can only be natural persons who submit an application for entering the a. into the register of ordinary associations kept in the starost office or city office relevant for the location of the a. The bases of functioning of the s.a. are specified in the regulations, containing information on: name, objective(s) of the activity and means of operation, seat and area of operation, method of acquisition and loss of membership, rules for selection of a representative or management board (in that case it specifies the mode of appointment/dismissal, competence, representation method and conditions determining the validity of the adopted resolutions), the rules of amending the regulations and the rules regarding termination. In addition, the regulations may contain information about the sources of financing of the conducted activity. S.a. must obtain REGON and NIP numbers and keep current accounts, prepare annual financial statements for its activities and submit them to the appropriate tax office. In terms of compliance with legal provisions and regulations, the s.a. is supervised by the starost/president of the city. S.a. has no legal personality, cannot create branch offices, join in association unions, associate legal entities, run a business and paid public benefit activities. S.a. has the capacity to perform legal actions, may incur obligations, acquire rights and be a party to legal proceedings. It can also – after fulfilling the legal conditions – get the status of a → public benefit organisation, and also transform into a → register association. To obtain the status of public benefit organisation s.a. cannot act only on behalf of its own members (→ non-governmental organisation; public benefit organisation) [ A. Bejma ].

Literature: E. Hadrowicz, Prawo o stowarzyszeniach. Komentarz [Law on associations. A commentary], Warszawa 2016.