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A voluntary association or union (also sometimes called a voluntary organization, unincorporated association, common-interest association,[1]:266 or just an association) is a group of individuals who enter into an agreement as
1. Everyone has the right to freedom of peaceful assembly and to freedom of association with others, including the right to form and to join trade unions for the protection of his interests.
2. No restrictions shall be placed on the exercise of these rights other than such as are prescribed by law and are necessary in a democratic society in the interests of national security or public safety, for the prevention of disorder or crime, for the protection of health or morals or for the protection of the rights and freedoms of others. This article shall not prevent the imposition of lawful restrictions on the exercise of these rights by members of the armed forces, of the police or of the administration of the State.
Article 11 of the European Convention on Human Rights also protects the right to freedom of assembly and association.
The German Civil Code sets out different rights and rules for an unincorporated association (nicht eingetragener Verein) with legal identity (Vereine, art. 21-79 BGB) versus an incorporated association (eingetragener Verein) with full legal personality, which the law treats as partnerships (Gesellschaften, art. 705-740 BGB). Associations can be for-profit (wirtschaftlicher Verein), non-for-profit (Idealverein), or public (gemeinnütziger Verein).
In France, all voluntary associations are non-profit. They may count as unincorporated (association non-déclarée) or incorporated (association déclarée), public (association d'utilité publique) or private, and are created in terms of and governed by the Waldeck-Rousseau Act 1901. This is why association loi 1901 is subjoined to their name, except in Alsace-Moselle which is governed by local law in this regard (the area was German in 1901) and are therefore called association loi 1908.
Certain civil-law systems classify an association as a special form of contractual relationship.
Under the Quebec Civil Code an association is categorized as a type of statutory specific contract set forth in a constitution. An association can become incorporated with its own legal identity so that it may, e.g., open a bank account, enter into contracts (rent real estate, hire employees, take out an insurance policy), or sue or be sued.
[23] Many clubs and societies begin life as an unincorporated body and seek to attain incorporated status to protect its members from legal liability and in many cases to seek government financial assistance only available to an incorporated body. Clubs and societies wishing to incorporate must meet the provisions of the relevant state act and lodge their constitution with the corresponding state government authority.[22]
Each state sets its own laws as to what constitutes an unincorporated association and how it is to be treated under the laws. In the United States, voluntary associations which were incorporated were "pre-eminent" in collective action.[20]
Scottish law on unincorporated associations is essentially the same as English law.[19]
Accordingly, on dissolution, the distribution of these rights depends on how they were held. A purpose trust may by its nature survive the dissolution of the association, or it may not. If it fails as a result of the dissolution, then the rights will be held on resulting trust for the contributors, unless they can be shown to have renounced their right to such a trust in their favour. If the rights are held subject to contract, then they will be divided among the surviving membership upon dissolution, according to the terms of the contracts inter se or an implied term according to contribution. If, as a result of this contract or statute, no member can claim, the rights will pass to the Crown as bona vacantia. This conclusion has also been suggested where the association dissolves because only one members remains, although this has been doubted by some commentators who believe the last members should be entitled to the rights.[18]
Several theories have been proposed as to the way that such associations hold rights. A transfer may be considered to have been made to the association's members directly as joint tenants or tenants in common. Alternatively, the funds transferred may be considered to have been under the terms of a private purpose trust. Many purpose trusts fail for want of a beneficiary and this may therefore may result in the gift failing. However, some purpose trusts are valid, and, accordingly, some cases have decided that the rights associated with unincorporated associations are held on this basis. The dominant theory, however, is that the rights are transferred to the members or officers absolutely, perhaps on trust for the members, but are importantly bound by contracts inter se.[18]
Associations that are organized for profit or financial gain are usually called English law, an unincorporated association consists of two or more members bound by the rules of a society which has at some point in time, been founded.[17]
In most countries, an unincorporated association does not have separate legal personality, and few members of the association usually enjoy limited liability.[14] However, in some countries they are treated as having separate legal personality for tax purposes.[15] However, because of their lack of legal personality, legacies to unincorporated associations are sometimes subject to general common law prohibitions against purpose trusts.
...where two or more persons are bound together for one or more common purposes by mutual undertakings, each having mutual duties and obligations, in an organization which has rules identifying in whom control of the organization and its funds are vested, and which can be joined or left at will.[13]
A standard definition of an unincorporated association was given in the English trust law case Conservative and Unionist Central Office v Burrell (1981):[12]
In the United Kingdom, craft guilds were more successful than merchant guilds[10] and formed livery companies which exerted significant influence on society.[11]
In preindustrial societies, governmental administrative duties were often handled by voluntary associations such as guilds. In medieval Europe, guilds often controlled towns.[6] Merchant guilds enforced contracts through embargoes and sanctions on their members, and also adjudicated disputes.[7] However, by the 1800s, merchant guilds had largely disappeared.[8] Economic historians have debated the precise role that merchant guilds played in premodern society and economic growth.[9]
[5] to private religious or professional associations.[4] Voluntary associations are a broad and original form of nonprofit organizations, and have existed since ancient history. In
Strictly speaking, in many jurisdictions no formalities are necessary to start an association. In some jurisdictions, there is a minimum for the number of persons starting an association. Some jurisdictions require that the association register with the police or other official body to inform the public of the association's existence. This could be a tool of political control, and also a way of protecting the economy from fraud. In many such jurisdictions, only a registered association is a juristic person whose membership is not responsible for the financial acts of the association. Any group of persons may, of course, work as an association but in such case, the persons making a transaction in the name of the association all take responsibility for it.
[3] Associations may also be incorporated rather than unincorporated; for example, in the United States associations gained additional powers by incorporating.[1], and various other types of groups. Membership is not necessarily voluntary, as it may be effectively required in order to work, which has led to a preference for the term common-interest association to describe groups which form out of a common interest.environmental groups, professional associations and learned societies, trade unions, trade associations Common examples include [2]
San Francisco Bay Area, San Jose, California, Arizona, Sacramento, California, Los Angeles
Handbook of Texas, Houston, Dallas, New Mexico, Oklahoma
United Kingdom, European Union, Italy, Canada, Spain
Libertarianism, Emma Goldman, Libertarian socialism, Politics, Socialism
France, Paris, Aerospace, Rail transport, Renault
Anarchism, Aesthetics, Epistemology, Philosophy, Peter Kropotkin
Community, Sociology, Social sciences, Society, Anthropology
Libertarianism, Liberalism, Anarchism, Ayn Rand, Politics
Libertarianism, Anarcho-capitalism, Ayn Rand, Liberalism, Age of Enlightenment