Voluntary association
For example, in order for particular associations to function effectively, they might need to be mandatory or at least strongly encouraged, as is true of trade unions.
[6] There are many countries where the formation of truly independent voluntary associations is effectively proscribed by law or where they are theoretically legally permitted, but in practice are persecuted; for example, where membership brings unwelcome attention from police or other state agencies.
[citation needed] Voluntary groups are a broad and original form of nonprofit organizations, and have existed since ancient history.
In Ancient Greece, for example, there were various organizations ranging from elite clubs of wealthy men (hetaireiai)[7] to private religious or professional associations.
[14] A standard definition of an unincorporated association was given by Lord Justice Lawton in the English trust law case Conservative and Unionist Central Office v Burrell (1981):[15] "unincorporated association" [means] two or more persons bound together for one or more common purposes, not being business purposes, by mutual undertakings, each having mutual duties and obligations, in an organisation which has rules which identify in whom control of it and its funds rests and upon what terms and which can be joined or left at will.
However, because of their lack of legal personality, legacies to unincorporated associations are sometimes subject to general common law prohibitions against purpose trusts.
[18] A special kind of partnership is a co-operative which is usually founded on one person-one vote principle and distributes its profits according to the amount of goods produced or bought by the members.
[19] In most states and territories in Australia, a similar set of laws allows not-for-profit associations to become legal entities with a limit to the liability of their members.
[21] In Israel, many non-profit organizations (NPOs) and non-governmental organizations (NGOs) are established as registered nonprofit associations (Hebrew amutah, plural amutot) (some are established as public benefit companies (Hebrew Chevrah LeTo’elet Hatzibur) not to be confused with public benefit corporations).
[22] Under English law, an unincorporated association consists of two or more members bound by the rules of a society which has, at some point in time, been founded.
[26] In California, during the 1980s, then Los Angeles County district attorney Ira Reiner decided to use California's unincorporated associations law to attack street gangs and the habit of their members of tagging graffiti in public spaces, in an attempt to abate vandalism and to recover cleanup costs.
Under the Quebec Civil Code an association is categorized as a type of statutory specific contract set forth in a constitution.
An association can become incorporated with its own legal identity so that it may, e.g., open a bank account, enter into contracts (rent real estate, hire employees, take out an insurance policy), or sue or be sued.
Associations created under the 1901 act have a significant amount of freedom in their internal operation, such as management or authorized members.
21–79 BGB) versus an incorporated association (eingetragener Verein) with full legal personality, which the law treats as partnerships (Gesellschaften, art.
