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Foundation

Page: 16

Section: 112 - 115

Section 112.- The regulations must, at least, have the following particulars :

(1)    The name of the foundation ;

(2)    Its objects ;

(3)    Addresses of its principal office and all its branch offices ;

(4)    Its property at the time of creation ;

(5)    Rules for the Committee of the foundation, i.e. number of the directors, appointment of the directors, term of office of the directors, retirement of office of the directors and meetings of the Committee ;

(6)    Rules for the management of the foundation, the management of the property and the keeping of accounts of the foundation.

 

 Section 113.- The foundation must have a word “foundation” in corroboration of its name.

 

Section 114.- The application for registration of a foundation must be filed in writing with the Registrar of the area where the principal office of the foundation is situated, and it must at least specify the owner of the property and the list of the property appropriated for the foundation together with the list of name, addresses and occupation of all of the would-be directors of the foundation, including the regulations of the foundation.

 

Section 115.- When the application for registration together with the regulations are received by the Registrar, and the application is found correct under Section 114 and the regulations correct under Section 112, the objects of the foundation are not contrary to the law or good moral or endangering public order or national security and all particulars contained in the application or in the regulations conform to the objects of the foundation, or the would-be directors of the foundation have status or conduct suitable for implementing the objects of the foundation, the Registrar shall make registration and issue a certificate of registration to the foundation.

The registration shall be published in Government Gazette.

If it is found that the application or the regulations are not in conformity with Section 114 or Section 112, the particulars contained in the application do not conform to the object of the foundation, or the would-be directors of the foundation do not have status and conduct suitable for implementing the object of the foundation, the Registrar shall instruct the applicant to make correction or alteration, and shall after the correction or alteration having been made, make registration and issue a certificate of registration to the foundation.

If it is considered by the Registrar that the registration cannot be made because the objects of the foundation are contrary to the law or good moral or likely to endanger public order or national security, or the applicant fails to make correction or alteration as such within thirty days from the day on which the instruction of the registrar came to his knowledge, the Registrar shall give an order refusing the registration and inform the applicant without delay of reasons for such refusal.

The applicant is entitled to appeal in writing against the order of refusal for registration to the Minister of Interior through the Registrar within thirty days as from the date of receipt of the refusal order.

The Minister of Interior shall decide the appeal and inform the appellant of the decision within thirty days as from the date of receipt of the written appeal by the Registrar. The decision of the Minister of Interior shall be final.