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Internal Governance and Registration Procedures for Domestic and Foreign Organizations

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Domestic and Foreign Organizations
Internal Governance and Registration Procedures

Establishment and Registration Criteria

These procedures are prepared in light of the Law on Non-Governmental Organizations
and for the purpose of instructing domestic and foreign organizations how to prepare and
complete the registration documentation, standa rdized forms, and statute for internal
governance, and for the purpose of guiding th e organizations through the establishment
and registration process.

(1) The domestic and foreign non-governmental organizations shall submit a formal
application for re-registrati on to the Ministry of Economy.
(2) Organizations shall accurately complete th e application form in one or more of
the official languages of the country.
(3) Organizations shall have a specific name , symbol, logo and address and use them
in their activities.
(4) Organizations shall prepare and submit their organizational structures which
include the founders and th e board of directors.
(5) Organizations shall prepare and submit th eir work plan and proposed projects.
(6) Organizations shall specif y and explain the privileges extended to their
employees, relating to salary, retirement be nefits and other privileges contained in
their signed contracts.
(7) Organizations shall read and sign the prepared agreement.
(8) Organizations shall submit the list of their key staff (name, father’s name,
profession, ID or passport Number) during the registration process.
(9) Organizations shall submit the list of of fice equipment, project machinery and
vehicles in detail (make, model, engine number, and license plate).
(10) Organizations shall submit the receip t proving payment of registration fee
from the bank.
(11) The re-registered organizations shall submit the previous year’s activity
reports, along with the list of implemented projects
(12) In recruiting experts and advisors, or ganizations shall give priority to
Afghan nationals.
(13) In funding decisions, donors shall co nsider the qualification of the
organization without discrimination between domestic and foreign organizations.
(14) Newly established organizations shall not use the name and logo of other
organizations or dissolved organizations or private, international or governmental
companies.
(15) Organizations shall not choose more than two work areas.
(16) Organizations shall not use in their professional activities the certificate
and diploma of a person not involved in the project.
Copyright © 2005 International Center for Not-for-Profit Law (ICNL)
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(17) A person hired by one organization ma y not simultaneously be employed
by another organization.
(18) Organizations shall not recruit government employees during official
business hours.
(19) Organizations may not hire their permanent employees without a contract
and for less than one year.
(20) Organizations shall not perform their activities in the capital of the
provinces without a signed cont ract, protocol, or agreement.
(21) As implementers of the projects, organizations shall not conclude
contracts with other contractors fo r performing the project activities.
(22) Organizations shall not regi ster the gifts, equipment or vehicles that are
donated to the organizations in the name of the officers or employees of the
organizations.

Contents of Statute

Chapter One
(1) Name and acronym;
(2) Official address of the organization;
(3) Identification of founder or founders;
(4) Identification of executive board.

Chapter Two
(1) Goals of the organization;
(2) Scope of the activity of the organization;
(3) Beginning and end of the working year.

Chapter Three
(1) Procedure for electing the board of directors;
(2) Identification of board of directors;
(3) Procedure for holding meetings of the board of directors;
(4) Authority of the board of the directors;
(5) Responsibilities of the board of directors;
(6) Dismissal of members of the board of directors;
(7) Procedure for reporting to the board of directors;
(8) Duties of the board of directors.

Chapter Four
(1) Authority of the general assembly;
(2) Responsibilities of the general assembly;
(3) Procedure for convening meetings of the general assembly;
(4) Procedure for reporting to the general assembly;
(5) Duties of the general assembly.

Chapter Five
(1) Authority of the officers of the executive board;
Copyright © 2005 International Center for Not-for-Profit Law (ICNL)
All rights reserved.

(2) Responsibilities of the officers;
(3) Power and responsibilities of the members;
(4) Procedure for appointing the proj ect officers and their duties;
(5) Duties of the executive board.

Chapter Six
(1) Use of assets of the organization;
(2) Procedure for using the organizational assets upon dissolution, according to the
provisions of the Law on NGOs;
(3) Procedure for using the organizational asse ts after the stopping the activities of
the organization, according to the provisions of the Law on NGOs;
(4) Procedure for using the organizational assets after the termination of the project,
according to the provisions of the Law on NGOs;
(5) Internal regulation of the organization.

Chapter Seven
(1) Procedure for amending the statute, according to the provisions of the Law on
NGOs;
(2) Procedure of merger and sepa ration of the organization;
(3) Procedure for transformation and di ssolution of the organization;
(4) Establishment of working groups or umbrella organizations;
(5) Establishment of the Coordinating Body with governmental departments.

Chapter Eight
(1) Internal supervision of the organization’s activities;
(2) Methods of discipline and incentive;
(3) Means of paying retirement a nd other social privileges;
(4) Administrative expenses and salary amounts;
(5) Method for reporting to the foreign central offices, if applicable;
(6) Method for reporting to the Ministry of Economy, line ministries and provincial
departments.

Chapter Nine
(1) Organizational structure of the organization;
(2) Activity period of the organization;
(3) Enhancing the capacity building of personne l and participation in national and
international workshops and seminars.

Chapter Ten: Holidays
(1) Holidays of local personnel;
(2) Maternity leave;
(3) Holidays of foreign pers onnel, if applicable.

Chapter Eleven: Organization’s Relation to Donors
(1) Method of receiving funding and financial and technical resources;
(2) Method of work and submission of reports of the organizations to the donors;
Copyright © 2005 International Center for Not-for-Profit Law (ICNL)
All rights reserved.

(3) Procedure for submitting proposals to donors;
(4) Responsibilities of the organization to donors;
(5) Standard administrative expe nses and project expenses.

Copyright © 2005 International Center for Not-for-Profit Law (ICNL)
All rights reserved.

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