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Law on Social Organizations

January 12, 2003

Chapter One

General Provisions

Article 1:

This Law is enacted to establish and regulate the Social Organizations, in light of Article

(32) of Constitution enforced in 1964.

Article 2:

(1)Social Organizations (Societies and Associations) are the volunteer union ofnatural persons, which are formed for ensuring social, cultural, scientific,, legal,

artistic and professional objectives according to the provisions of this law.

(2)Natural persons mentioned under item (1) of this Article shall be Afghan citizensand shall have completed 18 years of age.

Article 3:

In achieving the objectives, Social Organizations shall observe the fundamentals ofIslamic Religion, provisions of the Constitution and this Law.

Article 4:

The legal personality of a Social Organization is recognized when its Statutes are

provided, approved, registered and published according to the provisions of this law.

Article 5:

A Social Organization may not operate outside the scope provided in the approvedStatutes.

Chapter Two

Establishment and Operation of

Social Organizations

Article 6:

(1)Application for the establishment, together with the Statutes of a Social Organizationis filed by founders not less than ten persons is submitted to the Ministry of Justice.

(2)The Ministry of Justice within 30 days from the date application is received, makesdecision about acceptance and denial of the application.

(3)If the application is verified, the Ministry of Justice registers and issues the activitypermit.

(4)If the applicant realizes that the decision made about the denial of application by theMinistry of Justice is unlawful, may appeal to the relevant court.

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Article 7:

(1)Two Social Organizations for achieving the same and specific objectives shall notbe established under the same name.

(2)Two or more of Social Organizations, which have similar objectives andresponsibilities can establish a union of such relevant organizations.

Article 8

Social Organizations shall have regular finance offices.

Article 9:

The Statutes of a Social organization shall be approved by Founders and shall contain the

following issues:

1- The title of the Social Organization and its objectives.2- The scope, responsibilities and its internal governance.

3- Criteria for membership, rights and responsibilities of members.

4- Criteria for expulsion from membership and practicing other disciplinary measures.5- Organizational structure.

6- Terms and procedure for calling the Congress or General Assembly and its authority.

7- Manner of electing the leading organs and their authorities.

8- Mentioning the names of Board of Directors.9- Manner of controlling the internal governance.

10- Mentioning financial source and the manner of supervision.

11-Giving names of three financial persons.12- Manner of amending and bringing changes in the Statutes or merger of the

organization with similar internal organization(s).13- Establishing of Head Quarters and Branch or Liaison Offices of a Social

Organization.

14. Dissolution and liquidation of a Social Organization.

Article 10:

(1)Head Quarters shall not be established outside the country.(2)Social Organizations, whose Head Quarters are outside the country and run by

Afghans can establish Branch or Liaison Offices within the country. The activities

of such offices are governed under the provisions of this law.

Chapter Three

Dissolution and Activities Termination ofSocial Organizations

Article 11:

The dissolution of a Social Organization shall take place according to the Statutes with

the decision of Congress or General Assembly.

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Article 12:

In the following instances the Attorney shall make the decision for dissolution of a Social

Organization:

(1)Lack of fulfillment of commitments written in the relevant Statutes.(2)Practicing activities against the Statutes.

Article 13:

Disputes related to the dissolution of a Social Organization under Article 12 of this law,

shall be solved on the basis of Attorneys written request to the court according to the

provisions of this law.

Article 14:

(1)In case the court orders the dissolution of a Social Organization, one or severalpersons shall be appointed for liquidation, and distribution of properties of theSocial organization according to the provision of the relevant Statutes.

(2)If there are no provisions in the Statutes concerning distribution of the propertiesof the organization, the court may transfer the properties to another SocialOrganization or agency, which has similar objectives to the dissolved

organization.

Article 15:

The founders of a Social organization may not make provisions in its Statutes that allow

transfer of the properties related to a Social organization only to them, their relatives or

their heirs after the dissolution, and termination of its activities.

Chapter Four

Miscellaneous Provisions

Article 16:

Funding and the financial affairs of Social Organizations are transparent. The properties

of a Social Organization shall only be used to achieve its objectives.

Article 17:

A Social Organization, according to the law may have a publication in order to publish its

objectives.

Article 18:

The Ministry of Justice may allow foreign citizens to acquire the honorary membership

of a Social Organization.

Article 19:

(1)The Ministry of Justice shall establish an office to carry on the affairs related toregister, examine the request, and the Statutes of a Social Organization.

(2)Authorities and responsibilities of the office mentioned under item (1) of thisArticle shall be regulated by a separate bill.

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Article 20:

Social Organizations established prior to the enforcement of this law shall submit their

Statutes to the relevant office of the Ministry of Justice within two months from thepublishing of law in the Official Gazette.

Article 21:

The Ministry of Justice shall provide the form and contents of the Work Permit and issue

it to the qualified applicant against fixed payment.

Article 22:

A Social Organization may have a special logo.

Article 23:

Instances not covered by this law, provisions of articles 403 to 439 of Civil Code shall

apply.

Article 24:

A Social Organization shall have a seal, in which the name and the logo of the

organization is carved.

Article 25:

This law is enforced from the date signed and shall be published in the Official Gazette.

With the enforcement of this law, the Law on Social Organizations published in theOfficial Gazette number 714 dated 21.03.1991 shall be repealed.