Associations Regulation of Maldives

 

1.      This regulation provides for the establishment, registration, operation and dissolution of associations.

 

2.      This regulation shall be cited as “Associations Regulation”.

 

 

Submission for registration of associations

 

3.      As according to article 2 of the Association Act, request for the registration of an association shall be submitted to the Ministry of Home Affairs and Environment along with the following documents and having filled in the form included in Schedule 1 of this regulation.

 

(a)               Photocopies of the identity cards of those wishing to establish the association.

 

(b)               If a motto is proposed for the association, the motto and its meaning

 

(c)               Document giving right for opening the association’s office in the location proposed.

 

(d)               If a logo, flag or colour is proposed for the association, detail drawings of these.

 

(e)               Offences record form of those wishing to establish the association (filled in according to the form in schedule 2 of this regulation)

 

(f)                 Two copies of the Rules of Procedure of the association.

 

 

4.      Those wishing to establish an association according to number 3 of this regulation shall be 18 years of age.

 

Registration of association

 

5.      Upon submission for the registration of an association according to number 3 of this regulation, the association shall be registered in accordance to the Associations Act and this regulation and the registry of the association shall be issued to the association.

 

6.      Save for the international organisations and associations joined by Maldives, those operating in the Maldives under an agreement with the Government or as a result of an international convention that Maldives is signatory to, associations established outside the Maldives shall seek permission to operate in the Maldives from the Ministry of Home Affairs and Environment with the following

 

(a)               Details of the purpose of the association and the main activities proposed to be undertaken by the association.

(b)               Document showing the association’s capital

(c)               Document describing the target recipients of the activities undertaken by the association

 

7.      In granting permission for an association to operate, attention will be given to determine whether the activities of the association are related to the basic principles adhered to by government departments, development plans and upon the potential benefits that can be obtained for the target recipients from the activities proposed by the association.

 

8.      An association granted permission (to operate) under number 6 of this regulation, having filled the form included in schedule 3 of this regulation and in addition to the material mentioned in no.3 of this regulation, the following material mentioned below shall be submitted to the Ministry of Home Affairs and Environment.

 

(a)               Document showing registration of association in the country where the head office of the association is located.

(b)               If a foreign national is among those submitting to register such an association, the criminal record form of the person issued by the relevant authority of his country.

(c)               Copy of the document giving permission for the association to operate in the Maldives.

 

9.      The registration and operation of associations given permission under no.6 of this regulation shall be conducted in accordance with the Associations Act and this regulation.

 

Name of association

 

10. The name of the association shall be registered if the meaning of the name denotes to the functions of the association or if it symbolizes these functions or any other suitable name. However, a name similar to what is described below shall not be registered as the name of the association.

 

(a)               A name already included in the Associations Registry of the Ministry of Home Affairs and Environment or any name that may get confused with such name

(b)               A publicised name of an association, club or organization outside the Maldives.

(c)               A name unconnected with the functions of the association to be registered.

(d)               A name with no meaning or incomplete meaning.

(e)               A name contrary to the propriety of Islam or a name derogatory security-wise or morally.

 

11. In approving the name of the association, its acronym, its inscription in thaana script and in English or any other language shall be submitted for approval according to the principles described above.

 

12. Even if a registered association is annulled or its name changed, another association shall be registered under that name 5 years after the dissolution or change of name of the (previous) association.

 

Registration of Symbol, Flag, Colour and Motto

 

13. If an association wishes to register a certain symbol or flag or colour or a motto, having filled the information mentioned below, the material shall be submitted to the Registrar.

 

(a)               Drawing of the proposed symbol or flag to be registered

(b)               Explanation of the symbolic meaning depicted by the symbol, flag, colour or motto proposed to be registered

(c)               Order of arrangement or sequence of colours proposed to be registered.

 

14. A symbol, flag, colour or motto that may confuse a symbol, flag, colour or motto or any such material used by a registered association shall not be registered to another association.

 

Change of Symbol, Flag, Colour and Motto

 

15. Even if a registered association was annulled or if its symbol, flag, colour or motto was changed, another association can only register the former symbol, flag, colour or motto or any material that may confuse with the material of the former association, 5 years after the dissolution or change of symbol, flag, colour or motto of the former association.

 

16. Registered symbol, flag, colour or motto of an association shall be changed, having approved the change according to the rules of procedure of the association and after the approval of the Ministry of Home Affairs and Environment.

 

17. Submission for change of registered symbol, flag, colour or motto according to number 16 of this regulation shall be made with a copy of the original decision approving the change of symbol, flag, colour or motto and these shall be submitted according to number 13 of this regulation.

 

Endorsing and Registering Rules of Procedure

 

18. In addition to the sections instructed to be included in the Rules of Procedure according article 5 of the Associations Act, the following sections shall also be included

 

(a)               Term of the Executive Committee or procedure to determine term

(b)               Procedure to be followed to change symbol, flag, colour or motto of the association.

(c)               Date and procedure of holding the Annual General Meeting

(d)               Procedure to prepare and endorse the annual report

(e)               Procedure to prepare and endorse the annual financial statement

(f)                 Procedure on how to act to dissolve association

(g)               In the event of dissolution of association, procedure on how to settle the association’s debts and having settled the debts, the procedure on how to settle the (remaining) assets of the association.

 

Endorsing and Registering Rules of Procedure

 

19. If an association registered under this regulation wishes to change its Rules of Procedure, having passed the proposed changes to the Rules of Procedure in a special resolution in a general meeting, and in order to get approval for the proposed changes, two copies of the Rules of Procedure of the association acknowledging the changes to be made and a copy of the original resolution passed to make the proposed changes, shall be submitted to the Registrar.

 

Executing Committee

 

20. The executive committee of the association shall have a minimum of three members.

 

21. Before the term of the executive committee of the association expires, having elected or nominated the new executive committee, the matter shall be reported to the Registrar within 30 days of the election or nomination.

 

Operation of Association

 

22. Upon registration of the association, it has the discretion to implement those among the objectives of the association in accordance with the laws and regulations of the Maldives and the Rules of Procedure of the association.

 

23. All actions undertaken by the association shall be conducted in accordance to the laws and regulations governing such action and among an action undertaken by an association, if approval is required from a certain department, law or regulation, such approval shall be sought.

 

24. If an association wished to undertake an action not stipulated among the objectives of the association and the Rules of Procedure, such action shall be undertaken having written it among the objectives of the association and the Rules of Procedure indicating that such action can be undertaken, and after having registered the changes in accordance to the Act and Regulations concerning associations.

 

Business transactions by an association

 

25. In order to raise funds to achieve the objectives mentioned in the Rules of Procedure, before conducting any business transactions as under article 21 of the Associations Act, the following information shall be submitted to the Registrar.

 

(a)               Capital of business

(b)               Nature of business

(c)               Proposed procedure to undertake business

 

Financial  statement regarding business transactions

 

26. Financial statement of business transactions (acknowledging business capital, expenditure and income) undertaken by the association in accordance with the Association Act and this regulation shall be prepared and submitted to the Registrar within 90 days of the end of the transaction. If such business extends to more than one year, a financial statement as stipulated in this article shall be submitted to the Registrar along with the annual financial statement.

 

Receiving foreign aid

 

27. Any association shall receive foreign aid in order to implement its activities after having submitted the matter and given permission by the Ministry of Home Affairs and Environment. If foreign aid is to be sought, details of the body from whom the aid is sought, the amount of aid and proposed activities to be undertaken from the aid shall be submitted to the Ministry of Home Affairs and Environment.

 

Annual report

 

28. Every association, before March every year, having prepared an annual report describing the activities and performance of the association in accordance with the Rules of Procedure, and having adopted it in the Annual General Meeting, shall submit the report to the Ministry of Home Affairs and Environment within 30 days of the meeting that was held.

 

Annual Financial Statement

 

29. Every association, having prepared its annual financial statement of the association’s income and expenditure in accordance with the Rules of Procedure, and having adopted it in the Annual General Meeting, shall submit the report to the Ministry of Home Affairs and Environment within 30 days of the meeting that was held.

 

30. The financial statement mentioned in number 29 of this Regulation shall show the amount of money received as subscription to the association, its income, debts, expenditure, assets and loans taken by the association.

 

Auditing

 

31. Nationally-based associations must be audited annually.

 

32. If more than a fifty percent majority of a general meeting voted to audit the association it shall be audited

 

33. Associations required to audit according to the Associations Act and this regulation shall be audited by a body authorized and approved by the Government of Maldives.

 

Dissolution of Association

 

34. If an association was decided to be dissolved under the Associations Act the association shall publicly announce it within 7 days.

 

35. Upon the decision by the association of its dissolution, it shall not undertake any other activity save what it is required to do in order to dissolve the association according to the Association Act and this regulation.

 

36. Upon the decision of the dissolution of the association, the association shall proceed in the manner described in its Ruled of Procedure regarding dissolution and shall submit the following to the Ministry of Home Affairs and Environment for the dissolution of the association.

 

(a)               Copy of the original resolution or court order, ruling the dissolution of the association.

(b)               Details of assets and liabilities of the association on dissolution.

(c)               Details of how the association’s debts were settled

(d)               Details of how the association’s assets were settled

 

37. Having undertaken the tasks assigned by number 36 of this Regulation, and having submitted the information mentioned in the said article, the Register will publicly announce that the association had been submitted for dissolution.

 

38. Having being publicly announced (for dissolution) according to number 37 of this regulation, having settled the cases submitted (against the association) within the period given in the dissolution announcement in the timeframe given by the Registrar, the association having requested for dissolution, the Registrar shall remove the name of the association from the Associations Ledger, annul the registry of the association, dissolve the association and publicly announce the matter.

 

39. In accordance to number 38 of this Regulation, upon the annulment of the association registry and the removal of the name of the association from the Associations Ledger, the association is dissolved.

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Schedule 1

 

Ministry of Home Affairs and Environment

Male’

Maldives

 

Association Registration Form

 

 

1.Name:

2. Office:

3. Objectives

4.       Of the Submitter of Establishing Association

 

(1)     Name and Address:

Age:

Maldivian Identity Card Number:

Educational Standard:

Occupation:

 

(2)     Name and Address:

Age:

Maldivian Identity Card Number:

Educational Standard:

Occupation:

 

(3)     Name and Address:

Age:

Maldivian Identity Card Number:

Educational Standard:

Occupation:

 

5.       Amount of Capital and Proposed Method of Acquiring Capital

 

6.       Method of Seeking Funding to Operate Association

 

7.       If the Association Proposes to Undertake Missions to Generate Income Such Missions:

 

Note: Debt Clearance and Criminal Record Form of the Submitter and two copies of the Rules of Procedure of the Association must be submitted with this form.

 

If the Number of Submitters exceed to more than 3 people their information must be included with the form

 

I/We request the Ministry of Home Affairs and Environment to register the above …………. in accordance with Act 1/2003.

 

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200_

Signature: (1)                 (2)                    (3)

Name:

 

 

 

 

 

 

 

 

Schedule 2

 

Ministry of Home Affairs and Environment

Male’

Maldives

 

Debt and Offenses Record From of Submitter to Register Association

 

Name:                                       Permanent Address:                  Present Address:

 

ID card number:                                     Age:                                         Signature:

 

 

Clearance Department

Have /does not have (debt/offence)

Designation of informer

Name

Signature

Date

1. Ministry of Justice/to get clearance from island courts

 

 

 

 

 

2. Civil Court

 

 

 

 

 

3. Criminal Court

 

 

 

 

 

4. Family Court

 

 

 

 

 

5. Juvenile Court

 

 

 

 

 

6. Ministry of Finance and Treasury

 

 

 

 

 

7. Ministry of Defence and National Security/ Police Headquarters

 

 

 

 

 

8. High Court of Maldives

 

 

 

 

 

9. Department of Penitentiary and Rehabilitation

 

 

 

 

 

10. The Attorney General’s Office.

 

 

 

 

 

 

 

Please include all cases on the Submitter that took place in the past 4 years.

 

Date of issue of form:                                                                 Date of submission of form:

 

Schedule 3

 

Ministry of Home Affairs and Environment

Male’

Maldives

 

Association Registration Form for Organisations Established or Registered Abroad

 

1. Information of Main Association:

 

1.Name:

2. Office:

3. Objectives

 

2. Information of Association to be Registered in the Maldives:

 

1.Name:

2. Office:

3. Objectives

 

3. Of the Submitter of Establishing Association (Founder Members)

 

1. Name and Address:

Age:

Maldivian Identity Card Number:

Educational Standard:

Occupation:

 

2. Name and Address:

Age:

Maldivian Identity Card Number:

Educational Standard:

Occupation:

 

3. Name and Address:

Age:

Maldivian Identity Card Number:

Educational Standard:

Occupation:

 

4.       Amount of Capital and Proposed Method of Acquiring Capital

 

5.       Method of Seeking Funding to Operate Association

 

6.       If the Association Proposes to Undertake Missions to Generate Income Such Missions:

 

Note: Debt Clearance and Criminal Record Form of the Submitters, two copies of the Rules of Procedure of the Association and document showing registration of association in the country where the head office of the association is located must be submitted with this form.

 

If the Number of Submitters exceed to more than 3 people their information must be included with the form

 

I/We request the Ministry of Home Affairs and Environment to register the above …………. in accordance with Act 1/2003.

 

142_

200_

Signature: (1)                 (2)                    (3)

Name: