Association: The Power of Community and Realization of Common Goals – Part 1.
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According to applicable law, an association may be founded by Polish citizens who have full legal capacity and have not been deprived of public rights.
This means that, in principle, a person wishing to establish an association must be over 18 years old and have full legal capacity. However, there are some exceptions to this rule.
As for minors under 16, they can belong to the association, but the consent of their representatives is required. It should be noted that they do not have the right to participate in voting at general meetings of members or to exercise active and passive voting rights for the association's authorities. However, if the association includes only minors, it is possible to elect them to the authorities and vote independently.
Minors between 16 and 18 years of age may be members of the association and have active and passive voting rights, provided, however, that the association's board is majority composed of persons with full legal capacity.
In addition, associations can be created by foreigners residing in the territory of the Republic of Poland. It is important that the same rules apply to them as to Polish citizens. However, if foreigners do not reside in the territory of Poland, they can join an association only if the association's statute provides for such a possibility.
The legislator also provided that a legal person may act as a so-called supporting member of an association, which gives the opportunity to participate in the association's activities under appropriately defined conditions.
These principles ensure flexibility and equality in access to the creation and participation in associations, emphasizing their open nature and role in social life.
Members of the association
At the heart of every association are the people – the members who create its social fabric. There are many types of membership, with different rights, obligations and opportunities to participate in the life of the association. Below we have listed the main types of members and their roles in the structure of the association.
Regular members: Builders of the association
Ordinary members are the core of the association, creating its active community. These are individuals who have full voting rights. This means that they have the right to be elected to the association's authorities (passive voting rights) and can elect the association's authorities (active voting rights). They also have the right to vote and participate in all matters concerning the association and to participate in general meetings of members, where they can express their opinions and decide on the directions of the organization's activities.
Supporting members: Support for the association's mission
The second important type of members are supporting members, who contribute to the development of the association through their financial, substantive or other types of assistance. They can be both natural and legal persons, such as companies or other organizations. Supporting members have the opportunity to participate in the deliberations of the general meeting of members, but their voice is advisory. In practice, these members often provide material or substantive support for the association, contributing to the implementation of its mission and goals.
Honorary members: A special distinction for distinguished members
Some associations may award the title of honorary member to individuals who have made special contributions to the association. This title is a recognition of a person's contribution to the association's activities and may be awarded in accordance with certain rules set out in the statute. Honorary members may have different rights and obligations, depending on the association's arrangements.
Establishment of the association step by step: The path to joint social activity
While this process may seem complicated, it is actually quite simple, and getting involved in this activity can bring many satisfactions and social benefits. Below is a detailed step-by-step guide on how to set up an association, based on regulations and practice.
Step 1: Gather the right number of people
The first step in the process of establishing an association is to gather a sufficient number of people who have common goals or interests. In the case of a registered association, a minimum of seven people is needed, and for a regular association, three are enough. It is important that these people have clearly defined goals and a desire to work together.
Step 2: Develop a statute or bylaws associations
If people intend to establish a registered association, the next step is to develop and then adopt the statute. The statute is the most important document of the association, as it specifies in detail the rules of its operation, organization and other issues necessary for its functioning. What should be included in the statute? The legislator indicates that it is primarily:
- Name of the association,
- Area of operation and registered office – please remember that the concept of registered office is not the same as the address of the association, which may also be a virtual office,
- Goals and methods of achieving them,
- The method of acquiring and losing membership, the reasons for its loss and the rights and obligations of members,
- The authorities of the association and the procedure for their election, filling the composition, as well as its competences,
- The possibility for members of the management board to receive remuneration for activities they perform in connection with their function,
- How to represent the association,
- The method of raising funds and establishing membership fees,
- Rules for making changes to the statute,
- Method of dissolving an association.
An association is an organization established by a group of people who have common goals and interests.
If the association will operate as an ordinary association, then it will be sufficient to adopt the regulations. They should include in particular:
- Name of the association,
- Purpose of the business,
- Area and means of action,
- Headquarters – in this case it should also be remembered that this is not the same as the address of the association, which must be precisely defined, but at the same time it can be the address of a virtual office,
- A representative representing the board or the management board – it is possible to appoint one also in an ordinary association,
- Rules for changing the regulations,
- The method of acquiring and losing membership in the association,
- Method of solution.
Step 3: Call a Founding Meeting
After developing the statute or regulations, a founding meeting should be called, during which important decisions regarding the functioning of the association will be made. At this meeting, among others, resolutions are established on the establishment of the association, adoption of the statute or regulations, election of the association's authorities and the audit committee.
Step 4: Register the registered association in the National Court Register
To register a registered association, you must go through the last stage of the association formation process, which is registration in the National Court Register. In the case of establishing an ordinary association, it is enough to adopt the regulations of activity and enter the register of ordinary associations.
The procedure for registering an association varies depending on whether it will conduct business activity. In the case of registration of an association not conducting business activity, the application can be submitted in paper form or electronically via the Court Register Portal. The application is submitted on several forms, such as KRS-W20, which specifies the name, registered office and correspondence address, and KRS-WK, which is used to register persons who are members of the board and audit committee.
If the association will conduct business activity in accordance with Article 34 of the Law on Associations, the application for registration can be submitted exclusively via the Court Register Portal. In addition to the information contained in the KRS-W20 and KRS-WK forms, the subject of the business activity in accordance with the Polish Classification of Activities and the date of the end of the first financial year should also be indicated.
The application for entry in the National Court Register must be accompanied by a number of documents, such as the association's articles of association, minutes of the founding meeting, list of founders, adopted resolutions and statements of management board members together with their addresses for correspondence.
Virtual Office
Associations are not a complicated undertaking, but they do require completing a few formalities. For many people, the number of these formalities is too high and as a result, they postpone starting their business. Another obstacle may be the lack of an office, the address of which must be provided at the registration stage. For a large number of entrepreneurs, renting premises is an additional, unnecessary expense that prevents them from investing in further development of the company. It is worth remembering that the solution may be virtual address. If you want the association you have established to use the address virtual office in Krakow, check out our offer. Thanks to this solution, you will not only save money, but also valuable time!
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