Време за четене: 3 минути

THE COURT DOES NOT REGISTER CHANGES, IF NGOs DO NOT PRESENT PROOFES FOR FOLLOWING THE ORDER FOR CALLING OF THE MEETING OF THE NGO BODY THAT ACCEPTED THE CHANGES

Recently a problem with court registration of changes, accepted by the supreme body of an NGO was determined. The court required from NGOs to present documents that prove that the order for calling the meeting of the supreme body has been followed and refused to enter the changes until such evidence were submitted.

 

Before the amendments in the Law on Non-Profit Legal Entities in 2006, such proof was a copy of the published invitation in the State Gazette. With the amendments in the law, NGOs were given the right to define other order in their statutes for calling the supreme body and in most of the case they prefer one or several of the following options: dissemination of the invitation to each member of the body by regular post, e-mail or fax, by private delivery company or the invitation is given personally to each of the members. The practice shows that NGOs do not collect or do not keep any kind of documents that will prove that the order was followed and every member was informed for the meeting.

 

In order to avoid slowing down the procedure or rejection by the court to enter the changes in the register, BCNL recommends NGOs to collect and present before the court proofs for following the order of calling the meeting of the supreme body and of notification of all members. The following documents could be used as such proofs when dissemination of the invitations:

  1. by regular post – to present copies of the reverse receipts;
  2. by e-mail – to print and present the send receipts from the mail box of each member;
  3. by fax – to present a copy of the information in the fax;
  4. by delivery company – to present copies of the reverse receipts; 
  5. personally to each member – to prepare a declaration for receiving the invitation that will be signed by each member as well as to point out the date when the invitation is received and to present these declarations.