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What it is

How nonprofit associations are created and run in Spain

BOE step 7 of 7 · Passed

It is a government bill. Introduced by the Government. It was introduced on 22 June 2001. Introduced by: Gobierno.

Official title: Government bill for an Organic Law regulating the Right of Association.

Source: Congreso de los Diputados, file 121/000041· updated 11 Nov

Automatic summary, not yet reviewed

  1. The law develops the right of association and applies to nonprofit associations. Companies, cooperatives, mutual societies and homeowners' communities are left out, since they have their own rules.
  2. Anyone may freely associate for lawful purposes without prior authorization, and no one can be forced to join or stay in an association. Secret and paramilitary associations are banned, and those pursuing criminal aims are illegal.
  3. To create an association you need three or more people, a founding deed and bylaws. The deed gives the association legal personality, but registration is needed to make it public and protects third parties.
  4. The General Assembly is the top governing body and must meet at least once a year. Members have rights such as voting, being informed and challenging decisions, and they may leave voluntarily at any time.
  5. Registered associations answer for their debts with their own assets, and members are not personally liable. Only a judge can suspend or dissolve an association, unless the members themselves decide to dissolve it.
  6. Public authorities may grant aid to associations serving the general interest, and those meeting certain requirements may be declared of public utility, which brings tax benefits and other rights in exchange for accountability duties.

Who it affects

  • People who want to start a nonprofit association: They must draft a founding deed and bylaws, and register the association.
  • Association members: They have participation and information rights, and can leave whenever they want.
  • Existing associations: They must adapt their bylaws to the new law within two years.
  • Public authorities: They cannot interfere in the internal life of associations and can only grant aid if requirements are met.

Words worth knowing

Estatutos (bylaws)
The written internal rules of an association: its aims, governing bodies and how it works.
Acta fundacional (founding deed)
The document where the founders record that they are creating the association and approve its bylaws.
Asamblea General (General Assembly)
The meeting of all members, which is the body that makes the most important decisions.
Utilidad pública (public utility)
Official recognition that grants tax benefits in exchange for stricter reporting duties.
Silencio positivo (positive silence)
If the administration does not reply within three months, the registration request is deemed approved.

It summarizes the law as published in the BOE. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries

Where it stands

How far did it get?

It took 7 of 7 steps. It reached BOE, and today it is passed.

  1. Introduced22 June 2001Someone registers the text in the Congreso.
  2. Admitted26 June 2001The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendments29 June 2001Groups propose changes.
  4. Committee26 September 2001A committee goes through the text in detail.
  5. Plenary25 October 2001All 350 deputies vote.
  6. Senate22 November 2001The Senate can pass it, amend it or veto it.
  7. BOE7 March 2002It is published in the Official State Gazette (BOE) and comes into force.
See the 11 official steps on a timeline
Jun 2001Jul 2001Aug 2001Sept 2001Oct 2001Nov 2001Dec 2001Jan 2002Feb 200211. 22 June 2001: Presentación22. 26 June 2001: Comisión Constitucional Publicación desde 26/06/2001 hasta 29/06/200133. 26 June 2001: Calificación44. 29 June 2001: Comisión Constitucional Enmiendas desde 29/06/2001 hasta 12/10/200155. 25 September 2001: Comisión Constitucional Mesa - Calificación desde 25/09/2001 hasta 26/09/200166. 26 September 2001: Comisión Constitucional Debate de totalidad desde 26/09/2001 hasta 27/09/200177. 12 October 2001: Comisión Constitucional Informe desde 12/10/2001 hasta 23/10/200188. 23 October 2001: Comisión Constitucional Dictamen desde 23/10/2001 hasta 25/10/200199. 25 October 2001: Pleno Aprobación desde 25/10/2001 hasta 22/11/20011010. 22 November 2001: Senado desde 22/11/2001 hasta 07/03/20021111. 7 March 2002: Concluido - (Aprobado con modificaciones) desde 07/03/2002 hasta 09/04/2002

Was there a plenary vote?

We have no plenary vote linked to this law in the Congreso’s data.

What happens next

What happens now?

It is law, or will be once published in the BOE. It comes into force on the date its own text sets.

Published in the BOE: Organic Law 1/2002, of March 22, regulating the Right of Association.

Sources

Where does all this come from?

  • The data comes from the open files of the Congreso, the Senate and the BOE, unaltered.
  • Each deputy’s province is the one of their seat on the day of the vote.
  • We only say “passed” or “rejected” when the majority needed is certain; otherwise we say which side had more votes.