The civil association is a private legal entity which is constituted by a group of people called partners, and who also have government authorization to carry out activities for the common benefit and also non-profit.
They are considered non-profit since they do not obtain any perks or economic or commercial benefits. The common purpose of the civil association is social development, activities in the communities of cultural order, public health, sports, among others. For this to be carried out successfully, each of the partners must have a position of responsibility in a specific activity.
This civil entity must also go through a series of government supervisions which will verify that it meets its objectives.
The first thing to take into account to establish a civil association will be its name, then the purposes or objectives of said entity must be established, and the partners, honorary members, benefactors and other personalities that give life and impulse to it will also be chosen. It must also have a fixed address and a clear location; if it has initial patrimony, it must be declared.
As a constituted nucleus, the civil association must be distributed in various positions which will have goals in the short, medium and long term; In addition, they will meet to establish the rules and regulations that will have as their purpose the proper functioning of the same.
Necessary data to constitute a civil association
Below we leave you detailed the requirements to constitute a civil association:
- Must have at least two partners.
- Defined name of it.
- Operating address; it can be in a state or federal entity.
- Its corporate purpose must be established, that is, its area of performance, and it must also be lawful, possible and consistent with its corporate name.
- Establish the regulations of said association by calling extraordinary assemblies.
- Appoint the president and vice president of said association.
- Prepare the act of creation of the same and its statutes.
- The constitution of the same must be carried out before a public notary.
Everything about civil association explained step by step
Next we will give you the characteristics, species, elements and liquidation of a civil association:
- The civil association can have two types of contract: bilateral and plurilateral. The first consists of two partners and the second involves two or more partners.
- It can also have an onerous type contract, even if it is not incorporated for commercial purposes.
- If there is a formal contract in the same, it must be ratified before a notary public.
- The attributes that a civil association must have are the following: company name, domicile, contribution and patrimony.
- The civil association can be constituted as a universal company and a private company.
- A civil association is a universal society, and likewise it will be of all its assets and perks.
- If the type of company is not determined, it will be considered as a universal profit company.
- In the universal partnership, all assets become part or common property of the partners, as well as the profits acquired from them.
- In the universal partnership, profits are those obtained by the partners through their work while the partnership remains active.
- The private company has as its object a specific use; It is characterized by not including the assets of the partners and also, as we said before, it has a specific objective.
- An association has well-defined contract elements and these are: essential and valid.
- Among the essential elements of a civil association we have: consent and object.
And among the elements of validity we have: capacity and form. - In a contract, consent is essential for a contract to be perfect; here the north of the partners must always have a lawful end.
- A civil association can have various purposes: political, cultural, sports, among others; the only really important thing here is that said object be lawful.
- The capacity in a civil association will be relevant at the time of contracting.
- A civil association can have several forms, and yours will be recorded in your document, in the public registry of property. In this way, the civil association in question will produce effects against third parties.
- A civil association can terminate for various reasons and one of them is due to one of the situations already provided for in its statutes.
- Another reason to end a civil association is due to the will of its members, which is made manifest through a general assembly.
It can also come to an end because the project that justified its existence has finished.
Because the object for which it was created has been completed Or because it has been unable to execute the purpose for which it was created. A civil association can also end de facto, by judicial resolution of the respective authority. - The social assets of the civil association after being dissolved, will be delivered to its partners, but only the one that corresponds to their contributions.
- The rest of the assets of the civil association will be delivered to an association or foundation, whose object is similar to the one dissolved.
Tips
Finally, we want to leave you with some advantages and disadvantages that you should take into consideration if you want to establish a non-profit civil association, and these are:
Advantage
- With a non-profit civil association we can create social work for our community, which will result in society in general and in our projection and development in particular.
- A civil association will continue to exist regardless of whether its founding members have retired, that is, it will be perpetuated with its social purpose over time.
- By having a well-defined civil association its mission, it will be able to scale and have a greater impact on the community and society.
- When in the organizational structure of a civil association its regulations and norms have been well outlined, in this way its work will be much more fluid.
- Multi-disciplinarity distinguishes the civil association through its partners, which is why this will encourage the association to expand its contacts and collaborators, in order to achieve a higher quality and level social purpose.
Disadvantages
- When creating a non-profit civil association, you will have to invest extra time and money so that its objective is carried out.
- You must give perennial maintenance to a non-profit civil association, if you want the objective for which it was created to be successful.
- It will be difficult to finance civil associations, since there are currently many and with different social reasons. In addition, the majority of private companies do not have within their business policy the figure of aid to this type of associations.
- Non-profit civil associations have few workers who are attributed a great excess of work, and this is because they do not manage enough funds to pay more workers.
- Through these tips we want you to see clearly what your vision is regarding a civil association and what you expect from it. In this way you will surely make the best decision that will lead you to obtain a lawful, organized and successful civil association.