Difference between revisions of "Brazil NGO Sector"
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#Voluntary: they are freely established by citizens around a common objective. | #Voluntary: they are freely established by citizens around a common objective. | ||
| − | The Brazilian Civil Code (Law 10,406 of December 10, 2002) recognizes only two categories of private legal entities that can be considered non-profit organizations under the UN Statistical Division parameters: Associations and Foundations. | + | The Brazilian Civil Code (Law 10,406 of December 10, 2002) recognizes only two categories of private legal entities that can be considered non-profit organizations under the UN Statistical Division parameters: Associations and Foundations. <membersonly> |
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A private foundation, often referred to simply as foundation, is a non-profit private legal entity created with an endowment. According to articles 62 to 69 of the Civil Code, a foundation is defined as a collection of assets granted legal personality by operative law. The foundation’s’ goals, which must be devoted to public interest, are recorded in a written declaration, which must be registered with a notary public. | A private foundation, often referred to simply as foundation, is a non-profit private legal entity created with an endowment. According to articles 62 to 69 of the Civil Code, a foundation is defined as a collection of assets granted legal personality by operative law. The foundation’s’ goals, which must be devoted to public interest, are recorded in a written declaration, which must be registered with a notary public. | ||
The previous Civil Code (antecedent to Law 10,406) allowed foundations to pursue any purpose, as long as it was not against the law. Currently, however, foundations are limited to religious, moral, cultural, or assistance purposes . There is debate over the exclusion of organizations with other public interest purposes, such as education, environmental preservation, and research and development from operating as a foundation. | The previous Civil Code (antecedent to Law 10,406) allowed foundations to pursue any purpose, as long as it was not against the law. Currently, however, foundations are limited to religious, moral, cultural, or assistance purposes . There is debate over the exclusion of organizations with other public interest purposes, such as education, environmental preservation, and research and development from operating as a foundation. | ||
| − | The Civil Code requires that a foundation have and disclose sufficient assets to achieve its purposes. A foundation must be controlled and managed as established in its charter, by the person or persons appointed by the founder in the letter or establishment . | + | The Civil Code requires that a foundation have and disclose sufficient assets to achieve its purposes. A foundation must be controlled and managed as established in its charter, by the person or persons appointed by the founder in the letter or establishment . |
===Registration Procedures== | ===Registration Procedures== | ||
Latest revision as of 08:19, 17 July 2008
Contents
Classification of non-profits in Brazil
In Brazil, there are diverging criterias on the classification of non-profit organizations. In an attempt to unify these criterias, the Brazilian Institute of Geography and Statistics (“Instituto Brasileiro de Geografia e Estatística – IBGE”) carried out an extensive study on the non-profit sector in Brazil . This study was performed in accordance to the methodology described in the Handbook on Non-profit Institutions in the System of National Accounts , elaborated by the United Nations Statistical divisionDivision, which proposes a set of five prerequisites for non-profit institutions, as follows:
- Private: they do not belong to the State;
- Institutionalized: they are legally constituted and are legal entities;
- Non-profit: they do not share profits;
- Autonomous: they are capable of raising and managing their own funds;
- Voluntary: they are freely established by citizens around a common objective.
The Brazilian Civil Code (Law 10,406 of December 10, 2002) recognizes only two categories of private legal entities that can be considered non-profit organizations under the UN Statistical Division parameters: Associations and Foundations.
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