‍How to establish a civic association in Slovakia?

‍

Civic Associations in Slovakia participate in various activities, for example, in the fields of sports, arts, culture, education, environmental protection, social affairs, and other public benefit activities. A civic association is a legal entity, meaning it has its own legal personality and status. It can enter into contracts, manage its assets, accept donations, and perform other legal acts. At the same time, a civic association has the opportunity to acquire financial resources and support for the realization of its goals. It can apply for grants, membership fees, donations from individuals or legal entities, and also engage in business activities. 

‍

What documents are required for registering a civic association in Slovakia? 

‍

• Proposal for the registration of a civic association: you need to download a template for the proposal for the registration of a civic association from the Ministry of Interior's website. You can find the template for the proposal for the registration of a civic association here: template for the proposal for the registration of a civic association. This proposal must be completed to include the personal data of at least three citizens or members of the civic association, at least one of whom must be over 18 years old – this is known as the preparatory committee. Furthermore, the name of the civic association, the address of its registered office, and the details of the statutory body of the civic association, which will be authorized to act on behalf of the members of the preparatory committee, must be filled in. The statutory body must be over 18 years old. Two copies of the draft statutes must be attached to the registration proposal.

• Statutes of the civic association: To establish a civic association, it is necessary to draft statutes, and you can also use a template for statutes, which you can find online, even directly on the website of the Ministry of Interior of the Slovak Republic. However, we would like to caution you that drafting the statutes of a civic association on your own may not always be the correct solution. Templates found online are often simplified and may not fully meet your requirements for establishing a civic association. Therefore, it is advisable to have the necessary documents prepared by a lawyer. The statutes of a civic association must contain the following particulars: 

1. Name of the civic association: the name of the civic association, which must not be identical to the name of another legal entity. Verification of the association's name is done as follows: Visit the Register of Legal Entities website and in the "Services without login" section, click below the login area, on the words "Continue without logging in". Then, simply type your civic association's name into the field labeled "Full name of legal entity," click on the last of the three checkboxes titled "Full-text search within individual attribute," and click the "Search" button. You will see results for registered entities, including not only non-profit organizations but also commercial companies. Your chosen name must not be identical (distinguishing it only by legal form designation, such as s.r.o. or o.z., is not sufficient). If you see the message "No records found," there is no match, and you may use this name.‍
2. Registered office of the civic association: The registered office address of the civic association can be any address to which you have real access. In the case of a civic association, the Ministry of Interior will not require you to prove a legal relationship to the property at the given address during registration. Therefore, it will not be necessary to prepare a consent form from the property owner for the association's registered office to be located at that address. ‍
3. Purpose of the association's activities:  The purpose of the association's activities can be any lawful purpose agreed upon by the founders or, later, by the members of the association. A mandatory element of the statutes is the purpose of the association's activities; typically, this purpose is also described in the statutes by the activities through which the association will achieve it. It is important to note here the binding nature of public benefit activities predefined for potential recipients of 2% of income tax, which, according to the law, can be civic associations or their organizational units. The share of paid tax (2% and 3%) can be provided to the association and used only for purposes that are the subject of its activities. This is only if the association's activities include: a) protection and promotion of health; prevention, treatment, resocialization of drug addicts in the field of healthcare and social services, b) support and development of sports, c) provision of social assistance, d) preservation of cultural values, e) support for education, f) protection of human rights, g) protection and creation of the environment, h) science and research, i) organization and mediation of voluntary activities, which are listed in Section 50, Paragraph 5 of the Income Tax Act. Therefore, if a civic association wishes to be a recipient of 2% of income tax in the future, it must choose activities and their purpose in accordance with the Income Tax Act and incorporate these activities (subject of activity, goals of the association's activity) into its statutes.‍
4. Association bodies, method of their establishment, and designation of officials authorized to act on behalf of the association: The statutes must contain information about the association's bodies and the method of their establishment, and must specify the bodies and officials authorized to act on behalf of the association, as these are mandatory elements of the statutes. The law stipulates two association bodies, namely the statutory body and the supreme body. It does not specify what other bodies the association will create; therefore, it is up to the founders of the association, and during the association's existence, up to the association itself, what bodies it will establish. ‍
5. Provisions on organizational units, if established: Organizational units of an association are independent entities that associations can establish within the framework of exercising freedom of association. In the past, they were referred to as branches, subsidiaries, etc. Associations are free to create organizational units based on voluntariness, self-governance, and an autonomous character. ‍
6. Financial Management Principles of a Civic Association: The financial management principles should define the scope of income and expenses, how they are acquired, and how they are used. It is understood that the association's profit will be used for its activities, development, and administration. An association is an organization of individuals. It does not require any legally stipulated basic capital (assets) or paid-up contributions. ‍
7. Rights and Obligations of an Association Member: The Act on Association of Citizens stipulates that the rights and obligations of an association member are governed by the association's statutes. Therefore, the regulation of members' rights and obligations is not only a mandatory part of the statutes but also a fundamental principle of freedom of association, meaning that only the statutes determine the rights and obligations of an association member. The law does not regulate any specific rules regarding membership, apart from the basic principles of freedom of association that also apply to the rights and obligations of an association member – voluntary association, prohibition of forced association, separation from the state, and illegality of certain associations. The association's statutes cannot impose obligations on individuals outside the association.

• ‍Administrative fee of 66 € / 33 €: A 66 € stamp is required if you register the civic association only via paper submission. If you register the civic association electronically, the administrative fee for registration is only 33 €. Stamps can be purchased at a Slovak Post office.

‍

Registration of a Civic Association in Slovakia

‍

A proposal for the registration of a civic association can be submitted by at least three citizens, of whom at least one must be over 18 years old. This is known as the preparatory committee. All members of the preparatory committee sign the registration proposal and provide their first and last names, personal identification numbers, and addresses of residence. The registration proposal also specifies which member of the preparatory committee, who is over 18 years old, is authorized to act as their representative.

The registration proposal must include details of the association's statutory body or its members, specifically their first name, last name, permanent address, date of birth, and personal identification number. The proposal must also be accompanied by proof of payment of the administrative fee of 66 € or 33 € for electronic submission. More information can be found on the Ministry of Interior's website https://www.minv.sk/?informacie-o-registracii-3

‍

Procedure for Registering a Slovak Civic Association

‍

A template for the application to register a civic association, along with other document templates, can be found on the ministry's website.

The application must include proof of payment of the administrative fee. For in-person paper registration, this administrative fee is €66, while for electronic submission, it is €33.

The association submits two copies of its statutes to the ministry along with the application for registration of the civic association. Similarly, any change to them is subject to registration by the ministry.

The submitted statutes must contain information such as:

• the name of the association
• the registered office of the association
• the objectives of its activities
• the association's bodies, the method of their establishment, and the designation of bodies and officials authorized to act on behalf of the association
• provisions regarding organizational units, if they are established and if they will act on their own behalf
• the principles of the association's financial management
• the statutes must also regulate the rights and obligations of the association's members.

After the application and statutes are submitted, the ministry will initiate proceedings for the registration of the civic association. If the application contains all the particulars required by law, the ministry will promptly notify the authorized representative of the preparatory committee of the date the proceedings commenced.

The ministry will complete the registration within a maximum of 15 days from the commencement of the proceedings. In the following days, it will send the authorized representative one copy of the statutes with the recorded date of the association's registration.

‍