UNMIK

Organization for Security and Co-operation in Europe

MISSION IN KOSOVO

United Nations Interim Administration Mission in Kosovo

Guidelines for NGO registration in Kosovo

November 1999

INTRODUCTION
On 15 November 1999, the Special Representative of the Secretary-General signed UNMIK Regulation 1999/22 governing the regulation and operation of non-governmental organizations in Kosovo. These guidelines, produced by the Democratization Department of the OSCE Mission in Kosovo, aim to provide all NGOs with the information they need to meet the UNMIK registration requirements. They contain: guidelines on how to register the full text of Regulation 1999/22 examples of the UNMIK application forms (for local and international NGOs) draft NGO statutes contact information The OSCE Democratization Department promotes public participation in the development of a multi-ethnic and democratic Kosovo. Through its network of Regional Centers and Field Offices, it works to create a more favourable environment for NGO and Civil Society development through projects, training and assistance. The OSCE hopes that this handbook will be another early step towards the strengthening of Civil Society in Kosovo. The OSCE would welcome any comments on the content of these guidelines (including the correction of any mistakes). Further information on issues relating to NGO registration and Civil Society development, or for more copies of this handbook, please contact:

Richard Chambers NGO and Civil Society Development Division OSCE-MiK Democratization Department Tel: 038 500162

Sandra van den Bosse NGO Liaison Co-ordinator UNMIK Civil Documents Unit Tel: 038 500223 ext 5540

Guidelines on NGO Registration in Kosovo

On 15 November 1999, the Special Representative of the Secretary General signed UNMIK Regulation 1999/22 which governs the registration and operation of non-governmental organizations in Kosovo. The Regulation applies to all NGOs, both those within Kosovo and those outside. An NGO can be either an association or a foundation established to pursue an issue of public benefit or mutual interest. An association is simply a membership organization. A foundation is a trust fund of money dedicated to support certain activities it has no members. This handbook gives general guidelines for the registration requirements of associations. More specialist advice is needed for registration of foundations. Please contact the OSCE for details. What is an NGO? An association that wants to be registered as an NGO must be: not-for-profit independent from political parties created for a lawful purpose, in accordance with Security Council Resolution 1244 (1999) How to register - Kosovo NGOs NGOs from Kosovo that want to register must be able to supply the following documents: the UNMIK Founding Act - this must be signed by at least three founders, at least one of whom has a residence or seat in Kosovo - it must state the purpose of the organization - an example follows later in the handbook the UNMIK Kosovo NGO Application Form - an example follows later in the handbook the organizations statute - his document states the rules by which the organization is governed - a draft example follows later in the handbook a general description of the NGOs activities How to register - International NGOs NGOs from outside of Kosovo that want to register must be able to supply the following documents: the UNMIK International NGO Application Form - an example follows later in the handbook proof that the organization is established in another country (for example, a copy of their local registration certificate). The proof must be in English as well as the original language. a written statement in English from an Authorized Representative in the organizations home headquarters that confirms: - the general purposes of the organization - a general description of their planned activities being undertaken in Kosovo - contact details of the organizations Authorized Representative in Kosovo

Guidelines

When to register Registration starts on Monday 29 November 1999. Where to register Registration will take place at the UNMIK Civil Documents Unit in Pristina (and not at any OSCE Offices). During December 1999, it will also be possible for Kosovo NGOs or International NGOs with head offices outside of Pristina to register with NGO Liaision Officers at UNMIK Regional Administration Centers details will be announced regionally. The Authorized Representative of an NGO must make the application in person. As each application process will take 30 minutes to complete, NGOs are required to book an appointment in advance at UNMIK reception. After Registration All registered NGOs will be issued with a registration certificate. This will be proof of the NGOs status as a legal body. NGOs will also be able to apply for public benefit status. This allows certain advantages with taxes, customs etc. Applications for public benefit status can be made at the same time as registration or at any later stage. All registered NGOs will be kept on a public register that will be available for inspection at the UNMIK Civil Documents Unit. Refusal of Registration UNMIK is entitled to refuse an NGO to register if the application process is not complied with if the statutes violate Security Council Resolution 1244 (1999) or any other UNMIK regulation if the NGO has a similar name to an already registered organisation Training and Assistance During November and December, the OSCE and the UNMIK Civil Documents Unit will provide training sessions on the registration process for Kosovo and International NGOs in locations throughout Kosovo. Any NGO interested in attending should contact their nearest OSCE Field Office or Regional Center for further details see Contact Addresses. All OSCE Field Offices and Regional Centers have a Democratisation Officer specialising in NGO and Civil Society Development. They can provide assistance to NGOs on the registration process and other issues related to their work.

UNITED NATIONS
United Nations Interim Administration Mission in Kosovo

NATIONS UNIES
UNMIK
Mission dAdministration Intrimaire des Nations Unies au Kosovo

UNMIK/REG/1999/22 15 November 1999

_______________________________________________________________________________________

REGULATION NO. 1999/22

ON THE REGISTRATION AND OPERATION OF NON-GOVERNMENTAL ORGANIZATIONS IN KOSOVO The Special Representative of the Secretary-General, Pursuant to the authority given to him under United Nations Security Council Resolution 1244 (1999) of 10 June 1999, Taking into account United Nations Interim Administration Mission in Kosovo (UNMIK) Regulation No. 1999/1 of 25 July 1999 on the Authority of the Interim Administration in Kosovo, For the purpose of regulating non-governmental organizations in Kosovo, Hereby promulgates the following: Section 1 Scope of the Regulation 1.1 The present regulation shall govern the founding, registration, activities, and dissolution of legal persons organized as Non-Governmental Organizations in Kosovo. 1.2 The term Non-Governmental Organization (NGO) as used in the present regulation shall encompass domestic associations and foundations as defined in section 2 of the present regulation, and foreign and international organizations as defined in section 3. The present regulation does not seek to limit the right of individuals to freedom of association. 1.3 An NGO shall not distribute any net earnings or profits as such to any person. The assets, earnings, and profits of an NGO shall be used to support the not-for-profit purposes of the organization and shall not be used to provide benefits, directly or indirectly, to any founder, director, officer, member, employee, or donor of the NGO. This section does not preclude the payment of reasonable compensation to such persons for work performed for the organization.

Section 2 Establishment of Associations and Foundations in Kosovo 2.1 A domestic NGO is an association or foundation established in Kosovo to accomplish any lawful purpose, whether for public benefit or mutual interest. 2.2 An association is a membership organization. An association may be established by at least three domestic or foreign legal or natural persons (Persons), at least one of whom has a residence or seat in Kosovo. 2.3 A foundation is an organization without members established to manage properties and assets. A foundation may be established by one or more Persons, at least one of whom has a residence or seat in Kosovo. 2.4 An association or foundation shall be established by a founding instrument that shall contain the following information: (a) (b) (c) (d) (e) (f) the official name of the organization and any official acronym; its organizational form (association or foundation); the organizations address; the organizations purpose; the names and addresses of the founders; and the name, address and other contact information of the individual or individuals in Kosovo authorized to represent the organization and to receive official notices and inquiries.

2.5 A foundation may also be established by a will, bequest, or legacy if it includes the information set forth in section 2.4. 2.6 (a) (b) (c) An association or foundation shall have statutes containing the following information: the name of the organization; the purposes of the organization and a general description of proposed activities; if the NGO is an association, the procedures for selecting and removing members, the conditions for membership, and, if the organization is to have a Board, the procedures for electing and removing members of the Board and the allocation of powers and responsibilities between the general meeting of members and the Board; if the NGO is a foundation, the procedures for electing and removing members of the Board; the powers of the highest governing body to delegate authority and responsibilities to other internal organs of the NGO, and the procedures for such delegations; the authority and responsibilities of officers, if any; quorum and voting rules for the highest governing body and any other internal organ of the NGO; rules and procedures for amending the statutes, and for merging, splitting up, or dissolving the organization and provisions regarding the distribution of any assets remaining after such dissolution. Section 3 Foreign and International NGOs

(d) (e) (f) (g) (h)

3.1 A foreign or international NGO is a legal person established outside of Kosovo under legislation that substantially meets the requirements mentioned in section 3.2 of the present regulation. 3.2 Foreign and international NGOs are subject to the provisions of sections 1, 3, 4.1, 4.3, 4.4, 4.5, 4.6, 5, 6.2, 8 and 9 to 14 of the present regulation. Section 4 Registration 4.1 An NGO shall apply for registration with UNMIK in order to operate as a legal entity in Kosovo. 4.2 A foundation or association registers by filing with UNMIK an application form, founding instrument, and its statutes. 4.3 (a) (b) (c) (d) A foreign or international NGO registers by filing: an application form; proof that it is a legal person in another country; the organizations address in Kosovo; and a written statement from an authorized representative of the NGOs headquarters stating: (1) the purposes of the NGO; (2) a general description of the activities that the NGO is planning to carry out in Kosovo; and (3) the name, address and other contact information of the individual or individuals in Kosovo authorized to represent the NGO and to receive official notices and inquiries.

4.4 An NGO shall inform UNMIK within thirty (30) business days of any material change with respect to documents submitted for registration. Amendments to registration shall be subject to procedures, standards, and time limits equivalent to those applicable to initial registration. Amendments accepted by UNMIK shall be recorded, registered, and publicly available under section 4.5 of the present regulation. 4.5 UNMIK shall maintain a register of NGOs. The register shall state the name, address, organizational form, and purposes of each NGO, as well as the name, address and other contact information of its authorized representative(s). The register shall also indicate if an NGO has public benefit status pursuant to section 10 of the present regulation. The register shall be available to the public in a central location during regular business hours to be established by the registering authority. 4.6 UNMIK shall issue to an NGO a registration certificate or a written decision denying registration within sixty (60) business days of receiving an application to register, unless UNMIK requests in writing further information or clarification. If registration is denied, UNMIK shall include an explanation of the grounds upon which registration was denied. Section 5 Grounds for Denying Registration 5.1 UNMIK may deny an application if (a) the registration documents do not comply with the requirements of the present regulation; (b) if the statutes of the NGO would violate the provisions of the United Nations Security Council Resolution 1244 (1999), or of any UNMIK regulation; or

(c) the organization seeking registration has the same name or one so similar to a previously registered or already established NGO that confusion is likely to result. 5.2 UNMIK may suspend or revoke a registration for violation of any provision of the present regulation. Except in the case of serious violations posing a threat of harm to the public, UNMIK shall give an NGO written notice of the violation and an opportunity to respond prior to suspending or revoking registration. Section 6 Legal Status 6.1 NGOs shall have the status of a legal person in Kosovo upon registration pursuant to the present regulation. 6.2 Upon registration, foreign and international NGOs are authorized to operate as a legal person in Kosovo. Section 7 Internal Governance of Associations and Foundations 7.1 The highest governing body of an association shall be the assembly of members. The assembly of members shall consist of all members of the association. 7.2 The highest governing body of a foundation shall be a Board of Directors. The Board of Directors shall consist of at least three members. 7.3 The highest governing body shall have ultimate responsibility for the policies and financial affairs of the organization and shall meet at least once a year, at which time it shall review and approve the assets, liabilities, income, expenditures, and programs of the organization for the past year as well as anticipated assets, liabilities, income, expenditures and programs for the upcoming year. 7.4 Any member of a governing body shall recuse himself from the consideration or decision of any matter in which he has a personal or economic interest. Any transaction between the organization and its members, officers, members of the Board or employees must be concluded at fair market value or on terms more favorable to the organization. Section 8 Political Activities NGOs may not engage in fundraising or campaigning to support political parties or candidates for political office, nor may they propose, register or in any way endorse candidates for public office. Section 9 Property and Resources 9.1 The income of an NGO may include donations of cash, securities, and in-kind contributions; bequests; membership fees; gifts; grants; real or personal property; and income generated from any lawful activities undertaken by the NGO with its property and resources.

9.2 An NGO may engage in economic activities for the purpose of supporting its not-forprofit activities subject to the requirements of section 1.3. 9.3 An NGO may own and manage property and assets for the accomplishment of its not-forprofit purposes. Section 10 Tax and Fiscal Benefits 10.1 Subject to the limitations described in section 10.2 below, an NGO registered under the present regulation may apply for public benefit status if the NGO is organized and operated to undertake one or more of the following as its principal activities: humanitarian assistance and relief, charity, education, health, culture, environmental conservation or protection, economic reconstruction and development, the promotion of human rights, the promotion of democratic practices and civil society, the promotion of gender equality, or any other activity that serves the public benefit. 10.2 Education and health shall constitute public benefit activities only if significant benefits are provided free of charge or at less than fair market value to disadvantaged individuals or groups. Economic development shall constitute a public benefit activity only if it is undertaken primarily for the benefit of disadvantaged individuals or groups. 10.3 An NGO may apply for public benefit status upon initial registration by the NGO or thereafter. UNMIK shall grant public benefit status if the registration documents of the NGO demonstrate that the purposes and activities of the NGO satisfy the requirements of section 10.1. To retain public benefit status, the NGO shall prepare activity and financial reports pursuant to administrative directions issued by the Special Representative of the Secretary-General. 10. 4 UNMIK may revoke the public benefit status of an NGO for violation of the present provision. The procedures for the granting and revoking of public benefit status shall follow the corresponding provisions in sections 4.6 and 5.2 of the present regulation. 10.5 Pursuant to conditions and procedures contained in administrative directions issued by the Special Representative of the Secretary-General, NGOs with public benefit status shall be entitled to tax and fiscal benefits, including exemption from customs duties, sales tax and other taxes except those which are essentially charges for public utility services. Section 11 Dissolution 11.1 An NGO may be voluntarily dissolved upon the decision of its highest governing body.

11.2 In the event of the dissolution of an NGO that received tax or fiscal benefits, donations from the public, or government grants, any assets remaining after discharge of the NGOs liabilities shall be distributed to another NGO with the same or similar purposes. This NGO shall be identified in the NGOs statutes or through a decision of the NGOs highest governing body; otherwise, UNMIK will make this determination. 11.3 In all other cases, any assets remaining after the discharge of liabilities shall be distributed in accordance with the statutes or a decision by the highest governing body and in all cases in

compliance with section 1.3 of the present regulation. 11.4 UNMIK shall remove dissolved NGOs from the register of active NGOs. Section 12 Implementation The Special Representative of the Secretary-General may give administrative directions and orders in connection with the implementation of the present regulation. Section 13 Applicable law The present regulation shall supersede any provision in the applicable law relating to the registration and operation of non-governmental organizations in Kosovo which is inconsistent with it. Section 14 Entry into force The present regulation shall enter into force on 15 November 1999.

Bernard Kouchner Special Representative of the Secretary-General

FOUNDING ACT

UNITED NATIONS
United Nations Interim Administration Mission in Kosovo

NATIONS UNIES UNMIK

Mission dAdministration Intrimaire des Nations Unies au Kosovo

File number: FOR UNMIK USE ONLY

FOUNDING ACT
The founders listed below, desiring to form a non-governmental organization in Kosovo under Regulation No. 1999/22, hereby declare that: 1. The official name of the organization is:

2.

The organization is established as (tick one):

an association

a foundation

3.

The address in Kosovo where the principal office of the organization is to be located is: Municipality City/Town Street Address

4.

The Organizations Official Mission Statement is: (attach additional sheet if necessary)

FOUNDING ACT 5. The names and addresses of the founders are: (attach additional sheet if necessary)

NOTE: Each association must list three founders, at least one of whom has a residence or seat in Kosovo. Each foundation must list at least one founder who has a residence or seat in Kosovo.

i)

Name
Address Municipality
City/Town Street Address

Phone Fax E-Mail

ii)

Name
Address Municipality
City/Town Street Address

Phone Fax E-Mail

iii)

Name Address
Municipality
City/Town Street Address

Phone Fax E-Mail

Signed on: By the Founders i) ii) iii)

(date)

KOSOVO APPLICATION FORM

UNITED NATIONS
United Nations Interim Administration Mission in Kosovo

NATIONS UNIES UNMIK

Mission dAdministration Intrimaire des Nations Unies au Kosovo
File number: FOR UNMIK USE ONLY

APPLICATION TO REGISTER AN ASSOCIATION OR FOUNDATION IN KOSOVO UNDER UNMIK REGULATION 1999/22

PLEASE CLEARLY PRINT OR TYPE WITH BLACK INK The person signing this form which requests registration under UNMIK Regulation 1999/22 certifies that he or she has authority to submit this application on behalf of the organization and that the following information is accurate: 1. The official name of the organization is:

2.

The acronym of the organization is:

3.

The organization is (tick one):

An association

A foundation

4.

The authorized representative of the organization in Kosovo is:

5.

His or her official position in the organization is :

KOSOVO APPLICATION FORM 6. The organizations contact address in Kosovo is: Municipality City/Town Street Address Telephone Mobile Landline

Fax E-mail 7. This application is submitted on: (date) By (name) Signature Address Municipality
City/Town Street Address

Phone Fax E-Mail

8.

I have attached: the organizations founding act the organizations statutes a list of the organizations activities (see checklist on next page)

PLEASE NOTE: YOU ARE REQUIRED TO NOTIFY UNMIK IF ANY OF THIS INFORMATION CHANGES Date submitted to UNMIK: Place of submission:

KOSOVO APPLICATION FORM

GENERAL AREAS OF ACTIVITIES

A. Name of the organization:

B. C.

Acronym: Areas of Activity:

Humanitarian assistance and relief Charity Education Health Culture Environmental conservation or protection Economic reconstruction and development Promotion of human rights Promotion of democratic practices and civil society Promotion of gender equality Any other activity (please describe)

Please describe your activities in more detail:

INTERNATIONAL APPLICATION FORM

UNITED NATIONS
United Nations Interim Administration Mission in Kosovo

NATIONS UNIES UNMIK

Mission dAdministration Intrimaire des Nations Unies au Kosovo

File number: FOR UNMIK USE ONLY

APPLICATION TO REGISTER A FOREIGN OR INTERNATIONAL ORGANIZATION IN KOSOVO UNDER UNMIK REGULATION 1999/22
PLEASE CLEARLY PRINT OR TYPE WITH BLACK INK The person signing this form which requests registration under UNMIK Regulation 1999/22 certifies that he or she has authority to submit this application on behalf of the organization and that the following information is accurate: 1. The official name of the organization is:

2.

The acronym of the organization is:

3.

The organization is (tick one):

Established as a legal entity under the laws of a foreign country: (name of country) Established as an international non-governmental organization under international law. (please explain your legal status on a separate sheet of paper)

4.

The authorized representative of the organization in Kosovo is (name):

5.

His or her official position in the organization is :

INTERNATIONAL APPLICATION FORM 6. The organizations contact address in Kosovo is: Municipality City/Town Street Address Telephone Mobile Landline

Fax E-mail 7. This Application is Submitted on: (date) By (name) Signature Address Municipality
City/Town Street Address

Phone Fax E-Mail 8. I have attached: proof that the organization is established as a legal body under another jurisdiction (in English and original language) a written statement in English from an authorized person at the organizations headquarters stating (i) the purposes/mission statement of the organization, (ii) a general description of the planned activities in Kosovo, and (3) the contact details of the organizations authorized representive in Kosovo. a list of the organizations activities (see checklist on next page) PLEASE NOTE: YOU ARE REQUIRED TO NOTIFY UNMIK IF ANY OF THIS INFORMATION CHANGES Date submitted to UNMIK: Place of submission:

INTERNATIONAL APPLICATION FORM

GENERAL AREAS OF ACTIVITIES

A. Name of the organization:

B. C.

Acronym: Areas of Activity:

Humanitarian assistance and relief Charity Education Health Culture Environmental conservation or protection Economic reconstruction and development Promotion of human rights Promotion of democratic practices and civil society Promotion of gender equality Any other activity (please describe)

Please describe your activities in more detail:

UNITED NATIONS United Nations Interim Administration Mission in Kosovo

UNMIK

NATIONS UNIES Mission dAdministration Intrimaire des Nations Unies au Kosovo

File number: (FOR UNMIK USE ONLY)

APPLICATION FOR PUBLIC BENEFIT STATUS FOR NGOs UNDER UNMIK REGULATION 1999/22 SECTION 10

The organizations name is: _____________________________________________________

The organizations official address in Kosovo is: Municipality City/Town Street Address Telephone ________________________________________________ ________________________________________________ ________________________________________________ __________________________________________Mobile _________________________________________Landline Fax E-mail ________________________________________________ ________________________________________________

The above information is required. Incorrect addresses and contact information will result in significant delays in processing your application.

PLEASE ANSWER ALL THE QUESTIONS BELOW. INCOMPLETE OR PARTIALLY COMPLETED APPLICATIONS WILL NOT BE CONSIDERED. (1) Has your NGO been registered? (Please circle one) If yes, please answer the following: (1a) On what date was it registered? __________________ Reg. no.: _________________________ (1b) Has any of the information supplied in your NGO registration application form and accompanying documents changed? (Please circle one) YES / NO If yes, please attach this information / changed documents as appropriate. (2) Please state your organizations goal(s): ___________________________________________________________________________________________ ___________________________________________________________________________________________ YES / NO

___________________________________________________________________________________________ (3) Please list and briefly describe your organizations two most recent projects. If your organization did not implement any projects, write none. If you are a foreign or international NGO and have not implemented any projects or performed any activities in Kosovo, please list any other international activities you have most recently performed. ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ (4) Why is your organization requesting Public Benefit Status? Please be as specific as possible in your answer. Attach additional sheets if necessary. ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ (5) Please describe the regular activities of your organization that will be significantly hampered if your organization is not granted Public Benefit Status. Attach additional sheets if necessary. ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ (6) Please describe your organizations specific projects that will be significantly hampered if your organization is not granted Public Benefit Status. Attach additional sheets if necessary. ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ (7) What is the value of goods (in DEM) that you expect to import this year and next year (provide an estimate)? If you do not plan to import any goods, write 0 and skip to question (10). This year: ____________________________ DEM. Next year: ____________________________ DEM. (8) What is the primary purpose of the goods you plan to import? Attach additional sheets if necessary. ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ (9) If the goods you plan to import are available in the Kosovo market, please provide an explanation why you plan to import them. Attach additional sheets if necessary. ___________________________________________________________________________________________ ___________________________________________________________________________________________

___________________________________________________________________________________________ (10) Does your NGO plan to sell any goods or perform any services for a fee (circle one)? YES / NO

If yes, what will the income from such activities be used for? _______________________________________ ___________________________________________________________________________________________ (11) If you are a foreign or international NGO, do have an officially recognized non-profit status from the appropriate authorities in your home country? (Answer this question only if you are a foreign or international NGO.) ___________________________________________________________________________________________

Please note that activities related to Health, Education and Economic Development are subject to limitation, pursuant to the provisions of the Regulation 1999/22, section 10.2. Education and health shall constitute public benefit activities only if significant benefits are provided free of charge or at less that fair market value to disadvantaged individuals or groups. Economic development shall constitute a public benefit only if it is undertaken primarily for the benefit of disadvantaged individuals or groups. Your NGO may engage in economic activities so long as such activities are not the primary purpose of your NGO and all profits earned from the economic activities go to support your NGOs primary non-profit goals. This application is submitted on: (date) Address ________________________________________________________ Municipality ____________________________________________ City/Town ______________________________________________ Street Address ___________________________________________ Telephone Fax E-mail Date submitted to UNMIK: Place of submission: Submitted by (name of authorized representative): _________________________________ Signature: ______________________________________ PLEASE NOTE: THIS APPLICATION WILL BE ACCEPTED ONLY IF IT IS SIGNED AND SUBMITTED BY THE AUTHORIZED REPRESENTATIVE OF THE NGO, WHOSE NAME IS INDICATED IN THE NGOS REGISTRATION APPLICATION. ________________________________________________________ ________________________________________________________ ________________________________________________________

By (name and signature) ___________________________________________________

YOU ARE REQUIRED TO NOTIFY THE UNMIK NGO LIAISON AND REGISTRATION UNIT IF ANY OF THIS INFORMATION CHANGES.

STATUTE In order to be registered, all NGOs must have a statute, which is a document that sets out the rules governing their organisation. What follows below is a draft statute that gives basic guidance on the structure of a statute and what rules it should contain. The OSCE strongly recommends that every NGO should consider the contents of its statute carefully as it will be the basis for their future activity. The OSCE is happy to provide further advice if this is required. Each NGO will need to adapt the document to match its own requirements. Text in bold italics indicates where information must be added by the NGO. Text in italics only indicates content which the OSCE recommends should be included. This is a draft document and the NGO may wish to include any extra rules it feels are appropriate. The text of this document is available on computer diskette from the OSCE in English, Albanian and Serbian.

Statutes of (name of the organisation) These statutes shall govern the non-for-profit association (name of the organisation), established in accordance with United Nations Interim Administration in Kosovo (UNMIK) Regulation No.1999/22. Article 1 Name, form and address 1.1 The organisation shall be called (name of the organisation). 1.2 It may also be known as (acronym). 1.3 The organisation is a not-for-profit association, according to the definition given by paragraph 2.2 of UNMIK Regulation No. 1999/22. 1.4 The organisation shall not distribute any net earnings or profits as such to any person. The assets, earnings and profits of the organisation shall be used to support its purpose and shall not be used to provide benefits, directly or indirectly, to any founder, director, officer, member, agent, employee or donor. However, the payment of reasonable compensation to such persons can be made for work performed for the organisation. 1.5 Any transaction between a member, member of the Board of Directors, officer, agent or employee and the organisation must be concluded at fair market value or on terms that are more favourable to the organisation. 1.6 The organisation has its head office at (address of the organisation). Article 2 Founders 2.1 The founders of the organisation are: (list of at least three founders with their addresses) 2.2 The Authorised Representative of the organisation in Kosovo is (name of the representative in Kosovo with an address).

Statute

2.3 The Authorised Representative is appointed by the Board of Directors and shall represent the organisation in Kosovo and receive all official notices on its behalf. He or she shall be responsible for informing the relevant administrative authorities of any changes to the organisation. Article 3 - Purpose 3.1 The organisation is founded with the purpose(s) of: (description of the purposes of the organisation). 3.2 In order to fulfil its purpose(s), the organisation will undertake, but will not be restricted to, the following activities: (list of proposed activities). Article 4 Membership 4.1 The membership of the organisation is open to any person regardless of race, gender, sexual orientation, nationality, ethnicity, religious belief, age or physical capacity. 4.2 The Assembly of Members shall determine whether a membership fee shall be required from members. Failure to pay the membership fee, after written notice of not doing so, shall be a ground for the exclusion of the member from the organisation. 4.3 Membership of any member can also be terminated or suspended by decision of the Assembly of Members in case of (list of reasons). In case of suspension, the length of the suspension will be specified. 4.4 The termination or suspension of membership by the Assembly of Members shall be decided by the majority/unanimity of the members present. Article 5 Assembly of Members 5.1 The Assembly of Members is the highest governing body of the organisation. It shall consist of all members of the organisation. 5.2 The Assembly of Members shall have ultimate responsibility for the policies and financial affairs of the organisation. 5.3 Apart from the other powers given to it by these statutes, the Assembly of Members shall also have the following powers: (list of powers) (for example: to elect members of the board of directors; to approve reports by officers; to approve the acquisition of property over a certain value). 5.4 The Assembly of Members can delegate any of its responsibilities to the Board of Directors or any other organ or officers of the organisation, by the decision of the majority of its members. Article 6 Meetings of the Assembly of Members 6.1 The Assembly of Members shall meet at least once a year at an Annual General Meeting (AGM) at which time it shall review and approve the assets, liabilities, income, expenditures and programmes of the organisation for the past year. It shall also consider anticipated assets, liabilities, income expenditures and programmes for the upcoming year.

Statute

6.2 The Assembly of Members can also meet at Extraordinary General Meetings (EGMs) whenever required by (half of the members) or by the Board of Directors. Such request must be addressed to the Secretary who will issue the notice of the meeting to all members, according to the procedure described in paragraph 6.3 here below. 6.3 Written notice of AGMs and/or EGMs, stating the date and place of the meeting, together with an agenda of the meeting, shall be distributed to all members at least (seven) days before the day on which the meeting is to be held. 6.4 A minimum presence of (half) of the members is required for meetings of the Assembly of Members to conduct business. If this minimum (the quorum) is not obtained, the meeting shall be postponed to a specified later date and a new notice shall be sent to all members. 6.5 Each member of the organisation has one vote in the Assembly of Members. 6.6 Decisions in the Assembly of Members shall be taken by majority of the members present. 6.7 Any member of the Assembly of Members shall abstain from voting on a decision on any matter in which he or she has a personal or economic interest. Article 7 Board of Directors 7.1 Apart from other powers given to it by these present statutes, the Board of Directors shall be responsible for the control and management of the affairs and property of the organisation. The Board of Directors shall always act in accordance with the purpose of the organisation. 7.2 Apart from the other powers given to it by these statutes, the Board of Directors shall also have the following powers: (list of powers) (for example: to represent and act on behalf of the organisation; to bind the organisation to an agreement by the signature of two directors; to nominate and select officers; to determine each officers powers and duties). 7.3 The Board of Directors shall be composed of members of the organisation. They will be elected individually by the Assembly of Members by a simple majority. Each director shall serve for a term of (one) year and shall remain in office until a successor takes office, or until death, resignation or removal. 7.4 The Board of Directors shall consist of at least 3 (three) Members: a Chairperson, a Secretary and a Treasurer. 7.5 Members of the Board of Directors can/cannot be elected for consecutive terms. 7.6 Members of the Board of Directors can be removed before the end of their term by a vote at an AGM or EGM of the Assembly of Members. 7.7 In case of the death, resignation or removal of a member of the Board of Directors, the Assembly of Members shall elect a successor to serve the remaining term. 7.8 Decisions by the Board of Directors shall be by majority. 7.9 The Board of Directors can decide to refer any matter to the Assembly of Members for decision. 7.10 No remuneration or compensation shall be paid to the Directors without the approval of the Assembly of Members and only where the remuneration or compensation is reasonable and for work performed for the organisation. 7.11 Any member of the Board of Directors shall abstain from voting on a decision on any matter in which he or she has a personal or economic interest. Article 8 Officers and Employees 8.1 If necessary, the Board of Directors shall appoint employed Officers or hire agents to undertake the daily conduct of business of the organisation. The terms of their employment will be determined by the Board of Directors, who shall inform the Assembly of Members of all such appointments.
Statute

8.2 The Officers will be employed under a written agreement that details all salaries and benefits to be paid to the Officer. Any salary or benefit shall be reasonable and paid only for work performed for the organisation. Article 9 Dissolution of the organisation 9.1 The organisation can be dissolved by the decision of the majority of the members of the Assembly of Members. 9.2 When deciding the dissolution of the organisation, the Assembly of Members shall indicate the name of any association or foundation that shall receive the assets remaining after discharge of any liabilities held by the organisation. The association(s) or foundation(s) chosen shall have the same or similar purposes as the organisation. Article 10 Amendments to the statutes 10.1 The present statutes can be amended by the decision of a two thirds majority of the Assembly of Members. Article 11 Reporting Periods and Accounting Years 11.1 The Board of Directors and appointed Officers shall provide annual reports to the Assembly of Members AGMs or whenever requested by an EGM. 11.2 The accounting year of the organisation shall coincide with the civil year These statutes were agreed at (location) On (date) By the following members of the organisation (Signature of the founders)

CONTACTS OSCE Office Headquarters (Pristina) Pristina Regional Office Pec/Peje Regional Office Mitrovica Regional Office Gnjilane/Gjilan Regional Office Prizren Regional Office Name Richard Chambers Cathy Zdrojewski Thomas Holzer Hans Bochove Katja Radeva Ingrid Halmova UNMIK Civil Administration Name Edita Srabovic-Ryan Guillaume Pilet Charles Kassangana Svetlana Pencheva Danilo Rosales Anthony Thomson

The OSCE also has Field Offices in: Glogovac*/Gllogovc* Stimlje*/Shtimlje* Liplijan/Lipjan Kosovo Polje/Fush Kosov Podujevo/Podujev Obilic*/Obiliq* Orahovac/Rahovec Suva Reka*/Sufrek* Dragas/Dragash Istok/Istog Klina/Klin Decane*/Deqan* Dakovica/Gjakov Leposavic/Leposaviq Zvecan*/Zveqan* Zubin Potok*/Zubin Potok*

* not yet open Vuctrin/Vushtrri Srbica/Skenderaj Kamenica/Kamenic Novo Brdo*/Novo Brd* Vitina/Viti Urosevac*/Ferizaj* Strpce/Shtrpc Kacanik*/Kaqanik*

The UNHCR Humanitarian Community Information Center promotes and facilitates coordination among all organizations engaged in emergency relief and rehabilitation work in Kosovo. It also serves as a focal point for interaction between local and international non-governmental organizations, UN and other intergovernmental agencies, donors and KFOR. Contact: HCIC Reception on Tel. 038 549-169. The International NGO Council is an association of INGOs committed to supporting the recovery and peace processes of Kosovo. The Council was established with the purpose of mutual discussion, the sharing of information and reviewing potential joint action concerning relations between the NGO community and governmental authorities, United Nations agencies, and other international organizations, Contact: Paul Currion, INGOC Information Officer at the Humanitarian Community Information Center on Tel. 038 549-169.