Excerpt from Law 50,517 – regulate Law 91/35

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  • Year:
  • Country: Brazil
  • Language: English
  • Document Type: Domestic Law or Regulation
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Disclaimers Content. The information provided herein is for general informational and educational purposes only. It is not intended and should not be
construed to constitute legal advice. The information contai ned herein may not be applicable in all situations and may not, after the date of
its presentation, even reflect the most current authority. Noth ing contained herein should be relied or acted upon without the benefit of legal
advice based upon the particular facts and circumstances pres ented, and nothing herein should be construed otherwise.
Translations. Translations by ICNL of any materials into other languages are intended solely as a convenience. Translation accuracy is not
guaranteed nor implied. If any questions arise related to the accuracy of a translation, please refer to the original language official version of
the document. Any discrepancies or differences created in the tr anslation are not binding and have no legal effect for compliance or
enforcement purposes.
Warranty and Limitation of Liability. Although ICNL uses reasonable efforts to include ac curate and up-to-date information herein, ICNL
makes no warranties or representations of any kind as to its a ccuracy, currency or completeness. You agree that access to and u se of this
document and the content thereof is at your own risk. ICNL discl aims all warranties of any kind, express or implied. Neither ICNL nor any
party involved in creating, producing or delivering this document shall be liable for any damages whatsoever arising out of access to, use of
or inability to use this document, or any e rrors or omissions in the content thereof.

This document has been provided by the
International Center for Not-for-Profit Law (ICNL).

ICNL is the leading source for information on th e legal environment for civil society and public
participation. Since 1992, ICNL has served as a resource to civil society leaders, government
officials, and the donor community in over 90 countries.

Visit ICNL’s Online Library at
https://www.icnl.org/knowledge/library/index.php
for further resources and research from countries all over the world.

Disclaimers Content. The information provided herein is for general informational and educational purposes only. It is not intended and should not be
construed to constitute legal advice. The information contai ned herein may not be applicable in all situations and may not, after the date of
its presentation, even reflect the most current authority. Noth ing contained herein should be relied or acted upon without the benefit of legal
advice based upon the particular facts and circumstances pres ented, and nothing herein should be construed otherwise.
Translations. Translations by ICNL of any materials into other languages are intended solely as a convenience. Translation accuracy is not
guaranteed nor implied. If any questions arise related to the accuracy of a translation, please refer to the original language official version of
the document. Any discrepancies or differences created in the tr anslation are not binding and have no legal effect for compliance or
enforcement purposes.
Warranty and Limitation of Liability. Although ICNL uses reasonable efforts to include ac curate and up-to-date information herein, ICNL
makes no warranties or representations of any kind as to its a ccuracy, currency or completeness. You agree that access to and u se of this
document and the content thereof is at your own risk. ICNL discl aims all warranties of any kind, express or implied. Neither ICNL nor any
party involved in creating, producing or delivering this document shall be liable for any damages whatsoever arising out of access to, use of
or inability to use this document, or any e rrors or omissions in the content thereof.

This document has been provided by the
International Center for Not-for-Profit Law (ICNL).

ICNL is the leading source for information on th e legal environment for civil society and public
participation. Since 1992, ICNL has served as a resource to civil society leaders, government
officials, and the donor community in over 90 countries.

Visit ICNL’s Online Library at
https://www.icnl.org/knowledge/library/index.php
for further resources and research from countries all over the world.

Disclaimers Content. The information provided herein is for general informational and educational purposes only. It is not intended and should not be
construed to constitute legal advice. The information contai ned herein may not be applicable in all situations and may not, after the date of
its presentation, even reflect the most current authority. Noth ing contained herein should be relied or acted upon without the benefit of legal
advice based upon the particular facts and circumstances pres ented, and nothing herein should be construed otherwise.
Translations. Translations by ICNL of any materials into other languages are intended solely as a convenience. Translation accuracy is not
guaranteed nor implied. If any questions arise related to the accuracy of a translation, please refer to the original language official version of
the document. Any discrepancies or differences created in the tr anslation are not binding and have no legal effect for compliance or
enforcement purposes.
Warranty and Limitation of Liability. Although ICNL uses reasonable efforts to include ac curate and up-to-date information herein, ICNL
makes no warranties or representations of any kind as to its a ccuracy, currency or completeness. You agree that access to and u se of this
document and the content thereof is at your own risk. ICNL discl aims all warranties of any kind, express or implied. Neither ICNL nor any
party involved in creating, producing or delivering this document shall be liable for any damages whatsoever arising out of access to, use of
or inability to use this document, or any e rrors or omissions in the content thereof.

8) Decree 50,517, of May 2 nd, 1961 – regulate Law 91/35 ( Federal P ublic Utility Declaration)

Art. 1. The civil societies, associations and foundations established in the country that selflessly serve
the collectivity, may be declared of public utility, upon request or “ ex officio”, by decree of the President
of the Republic.

Art. 2. The application for the declarati on of public utility shall be addressed to the President of the
Republic, through the Ministry of Justice an d Internal Affairs, being proved by the applicant the
following requirements:
a) that it was constituted in the country;
b) that it has legal perso nality;
c) that has been in effective and continu ous operation for the three preceding years, with the
observance of its statues;
d) that the positions of the board are not remunerated in any way, and that it does not distribute
profits, subsidies or benefits to officers, supporters or associates, in any way and under any
circumstances;
e ) proven upon the presentation of detailed reports of the past three years prior to the presentation of
the request, that it promotes education or performs activities of scientific research, culture, inclusive
artistic and philanthropic, of general or indiscriminate nature, predominantly.
f) t hat its directors have track record and proven morality;
g) that it undertakes to publish annually the income and expenses stat ement of the preceding period,
since provided with subsidy from t he Union in this same period. (Text by Decree 60,931/67)
S ole Paragraph. The lack of any of the documents listed in this article will imply the process filing.

Art. 3. Once the request is denied, it may not be renewed before two years from the date of publication
of the denial order.
Sole Paragraph. Against the denial order of the request of the declaration of public utility a
reconsideration request might be present within a period of 120 days, counted as of the publication.

Art. 4. The name and characteristics of the society, association or foundation declared of public utility
shall be inscribed in a special book, which will also be used to regist er the delivery of the reports
referred t o in Article 5.

Art. 5. The authorities declared of public utility, except in case of force majeure duly proven, at the
discretion of the competent authority, are required to submit until April 30
th of each year, to the
Ministry of Justice, detailed report of the services rendered to the collectivity in the previous year, duly
accompanied by the income and expenditure statement referring to that period, even if it has not been
funded. (Text by Decree 60,931/67)

Art. 6. T he declaration of public utility will be revoked when the entity:
a) fails to submit, during three consecutive years, the report referred to in the previous article;
b) refuses to render a service listed in its statutory purposes; and

c) repays in any way board members, or grant profit, bon uses or benefits to directors, supporters or
associates.

Art. 7. The revocation of the public utility shall be made through proceedings initiated “ex-officio" by the
Public Ministry of Justice and Internal Affairs, or through representation documented.
Sole Paragraph. The request for reconsideration of the decree revoking the declaration of public utility
will not hold a staying effect.

Art. 8. This Decree shall enter into force upon its publication, revoked all the provisions in contrary.