Law 12 Amending the Law on Clubs and Public Welfare Societies

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  • Country: Kuwait
  • Language: English
  • Document Type: Domestic Law or Regulation
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Issue No.
117
Thirty Ninth
Year
Issued on December 11, 1954

Kuwait Today
Official Gazette of Kuwaiti Government
Issued by the Ministry of Information
Sunday

Rabie Al-Awal 5th, 1414

August 22nd, 1993

In the Name of God, the Merciful, the Beneficent

Law No. 12 of 1993 on Amendment of some provisions of Law No. 24 of 1962 on
Clubs and Public Service Associations

– Cognizant of the Constitution;
– And law No. 24 of 1962 on the clubs and the pub lic service associations as well as the
laws amending it;
The Nation’s Assembly has passed the followi ng law and we have ratified and issued it:
Article (1)
The text of article (10) of the aforementioned law No. 24 of 1962 shall be replaced by
the following text:
“Every association or club shall have a Board of Directors consisting of no less than five
members. The term of their membership shall not exceed tw o years. This term may be
renewed in accordance with the sy stem of the club or the association which specifies – in
the light of the provisions of this law – th e Board’s competences, its action policy, way
of election of its members and the expiry of their membership.”
Article (2)
The text of article (13) of the aforemen tioned law No. 24 of 1962 shall be replaced by
the following text:
“The General Assembly shall consis t of all the Kuwaiti members who have fulfilled
their commitments prescribed by the system of the association or the club and who have
no less than 6-month-old membership. Non-Kuwaiti members shall have the right to
benefit from the association facilities as associate members.”
Article (3)
Every provision contradicting the provisi ons of this law shall be abolished.
Article (4)
The ministers, each in his specialization, shall be responsible for the enforcement of this
law. The law shall be valid from the date of its promulgation in the Official Gazette.

Emir of Kuwait
Jaber Al-Ahmad Al-Subah
(Issued on Safar 21, 1414 Hegira- August 9, 1993 A.D.)

Explanatory Memorandum
On Draft Law Amending Some of the Provisions of Law No. 24 of l962
Concerning the Clubs and Public Service Associations

To establish a club or a public service asso ciation, the founders –according to article
(5) of law No. 24 of l962 on the clubs a nd public service associations- have to
convene as a constituent assembly to lay down a written system. In its data, this
system clarifies – among other things – the system of the Board of Directors and the
General Assembly vested with absolute discretionary powers permitting them to
unrestrictedly take whatever decisions they deem appropriate. Hence, this system
differs from one club or association to another even though there is a somewhat
common origin or a common stamp and though the activities are of the same nature.
As the membership of the General Assembly is accessible to whoever has the right to
attend it from those who have fulfilled thei r commitments prescribed by the system
of the association or the club and who ha ve no less than 6-month-old membership,
Kuwaitis and non-Kuwaitis, and since the Gene ral Assembly discusses issues that
may be primarily crucial for the Kuwaiti inte rests given the top priority and preferred
to be decided only by the owners of these in terests, therefore, the formation of the
General Assembly – out of keenness on the safeguard of the in terests – shall be
restricted to the Kuwaiti members from those who have fulfilled the commitments
defined by the system of the association or the club and with at least 6-month-old
membership. Taking the General Assembly’s resolutions shall be limited to the
Kuwaiti members only as they are the real owners of interests.

For the promotion of performance, infusi ng more vigor and boosting the spirit of
competition among the renewable members of the Board of Directors and for the
prevention of laxity, the term of Board me mbership has been reduced from four to
two years. This amendment combines two advantages:
(1)- It urges the Board member to exert ceaseless efforts that recommend the renewal
of his membership prescribed in article (10) of the law.
(2)- It helps to inject new blood into the Board, a matter that upgrades the Board’s
performance and enables it to properly carry out its assignments.