GUIDLINE OF ASSOCIATION REGISTRATION

Associations

Associations (unions and charitable foundations) serve as a bridge between the people and the Emirate, playing a vital and valuable role in various social, professional, specialized, and vocational fields in accordance with the provisions of Islamic Sharia, applicable legislative documents, guidelines, acts, policies of the Islamic Emirate of Afghanistan, and the relevant statutes.

“Citizens of Afghanistan, for the purpose of fulfilling material or spiritual objectives, can establish associations in accordance with Procedure No. 21 dated 28/6/1443 of the Cabinet of the Islamic Emirate of Afghanistan.”

The term of "association" is also defined: “A social, non-political, and non-profit organization of natural and legal persons, including charitable foundations and unions, established as a legal entity for professional, occupational, and specialized purposes.”

It is worth noting that institutions (unions and charitable foundations) operating under the title of "associations" obtain their licenses from the Ministry of Justice and have made remarkable and noteworthy achievements in various fields, including providing high-quality services, assisting and collaborating with underprivileged individuals and families and raising awareness and resolving the issues of their members in a transparent and accountable manner.

A summary of the list of active associations’ documents (unions and charitable foundations) of the Directorate of Associations’ Affairs and Social Institutions of the General Directorate of Coordination of the Ministry of Justice in the center and provinces, is compiled.

Guidelines for Applications to Register Associations

A: This procedure is established based on Clause (10) of Resolution No. (9) dated 2/4/1443 (07/11/2021) of the Islamic Emirate of Afghanistan Cabinet.

B: This procedure has been prepared for the purpose of regulating and supervising the activities of unions and charitable foundations.

C: The following terms which are used in this procedure have the following meanings:

Union: A voluntary association of natural and legal persons formed for common legitimate and specialized, occupational and professional purposes in accordance with the provisions of this procedure.

Charitable Foundation: A voluntary association of natural persons established for charitable and social advancement purposes.

D: The Coordination Office: Has been established in accordance with the provisions of Islamic Sharia law, the policies and principles of the Islamic Emirate of Afghanistan and to serve the profit and benefits of unions and charitable foundations.

E: The issuance and renewal of licenses for unions and charitable foundations are as follows:

1. The Coordination Office of the Ministry of Justice shall grant a license to an applicant who has fulfilled the conditions set in this procedure. The license for a union or charitable foundation shall be issued for a period of three years in exchange for a fee of (10,000) ten thousand Afghanis upon the signature of the Minister of Justice.
2. The license for unions and charitable foundations shall be renewed for another three years, thirty (30) days before the expiration of its validity in exchange for a fee of (5,000) five thousand Afghanis.

F: Qualifications for Members and Official of Unions and Charitable Foundations

1. Must be at least (18) eighteen years old.
2. Must have a good reputation and sound mind.
3. Must not have anti-government goals.

1. Applicants shall submit their request in a prescribed petition to the Ministry of Justice for the registration of their organization.
2. Once the administrative procedures are completed, the applicant will be provided with three tables, titled:

• Names of the Founders
• Board of Directors
• Financial Officers

These tables will be distributed by the Association’s Documents Registration Officer and in the provinces by the Coordination Sub-Directorate.

3. The founding members shall be at least ten (10) individuals, of whom three shall be elected as the Board of Directors and three as the Financial Officers.
4. The applicant is required to accurately enter the names of the founders, board of directors, and financial officers of the association in separate tables and to submit them to Association’s Documents Registration Officer, along with colored copies of the nationality certificates, the association's logo with its explanation in computer form and the names of the president, vice president and secretary, to the Association’s Documents Registration Officer and in the provinces to the administrative Sub-Directorate of the Coordination Directorate.
5. The applicant is required to accurately record the contact number, age verification, national ID number, registration number, page, volume, and names of the founding members in the tables
6. The presence of the founding members in the capital, at the General Directorate of Associations’ Affairs and in the provinces at the Sub-Directorate and General Coordination Management of the Ministry of Justice, is necessary for the verification of their national ID cards and signatures.
7. Applicants are prohibited from using the (political, profit-making, exclusive, national or unfamiliar) words in the titles of their associations when applying for a license.
8. The Review Board, in coordination with the Supervisory Board, is obligated to select clear, specific and meaningful titles and objectives, specifying the geographical scope, in agreement with the applicants.
9. Applicants seeking to establish a comprehensive and inclusive institution must have at least founding members from 18 provinces of Afghanistan in their related associations, with their primary and current residence in the same province.
10. Applicants who are registering specialized institutions must have at least a bachelor's degree in a relevant field.
11. It is necessary to have the association's bylaws with its logo and a description of the logo, as well as a specific address for the association's office.
12. Prior to obtaining license, a specialized committee from the Directorate of Associations’ Affairs is responsible for registering the movable and immovable property, supplies and equipment of the association's office.
13. Applicants for a charity license are required to have a minimum of 500,000 Afghanis as a guarantee in the bank account of the related association.
14. To submit an inquiry (letter) to the tax office to obtain the Tax Identification Number (TIN) for the president, vice president and the association itself."
15. Submission of an inquiry or a background check from the Criminal Investigations Department of the Ministry of Interior Affairs to ensure that the founding members have not been convicted of a crime or deprived of their civil rights.
16. Applicants for union and charitable foundation licenses are required to meet the following conditions in accordance with the procedure:

• Union: A legal person formed by at least 10 associations holding official licenses and having their own bylaw approved by government agencies.
• Charitable Foundation: A voluntary association of natural persons with at least 10 founding members.

Note:

Applicants for an Association license must consider the following:

• Before obtaining a license all applicants must submit complete written information to an authorized representative officially appointed by the Directorate of Associations' Affairs. This information includes the location of the association's office, inventory of office supplies and details of both movable and immovable property owned by the association. This information is required for registration purposes.
• In accordance with the procedure, license holders must submit quarterly and annually reports on their activities, movable and immovable property, income and expenses. These reports, using the specified format, must be submitted within three months to the Directorate of Associations’ Affairs in the capital or to the Sub-Directorates of Coordination of the Justice Directorate in the provinces.
• License holders are required to submit the following documents when renewing their license: The original license, a separate three-year activity report, the award of the general assembly meeting with a two-thirds majority vote of the founding members, inquiry (letter) of a criminal record from the Criminal Investigations Department of the Ministry of Interior Affairs confirming no criminal convictions, written document of financial obligations. These documents must be submitted to the Directorate of Associations' Affairs - General Directorate of Coordination in the capital and to the Sub-Directorates of Coordination of the Justice Directorate in the provinces.
• Whenever there is a change in the board of directors or founding members, social institutions are required to submit written notification of this change within 10 days submitted to the Directorate of Associations' Affairs in the capital and to the Sub-Directorates of Coordination of the Justice Directorate in the provinces.
• Renewal of Licenses: Licenses for social institutions are renewed every three years.
• The renewal fee for a license is 5,000 Afghanis, which must be paid 30 days before the license expires.
• A license for a social institution will be renewed only if the institution has not violated the established procedure for social institutions, the principles and laws of Islamic Sharia, policies set by the Islamic Emirate and the bylaw of Association in their proceedings.
• If a license is not renewed within six months of its expiration date, the institution's name will be removed from the registration office.
• If an institution wishes to resume activities after its name has been removed from the registration office, it may submit a request for re-registration to the Ministry of Justice.
• If a social institution's license is lost, after a public announcement in one of the medias, a fee of 10,000 Afghanis will be charged for the replacement license, valid for the remaining duration of the original license's validity period.
• If disagreements arise among the founding members of an association, they should first attempt to resolve them through discussion and negotiation. If these efforts fail, the issue should be submitted in writing to the Directorate of Associations' Affairs in the capital and to the Sub-Directorates of Coordination of the Justice Directorate in the provinces.  If a satisfactory resolution remains elusive, the case can then be referred to the nearest relevant court for final settlement of the association's disagreements."
• Upon the dissolution of an association in accordance with the law and policy of the Islamic Emirate, its assets shall be transferred to a similar institution or to the Ministry of Justice.

Note:

Association-related documents:

Table of founders

Table of Board of Directors

Table of financial officers

Guarantee Letter

Association’s  address

Monitoring checklist

Applicant complaints form

Sample of annual presentation of Association report

Registration form and process of Association license

The process of administrative procedures of documents

Sample of statute

For more information, please contact Halim "Shams", Administrative and Database Manager of the Directorate of Associations’ Affairs at the General Coordination Directorate.

Phone: 0781312386

 Email address: Halimahmadi11@gmail.com

Roadmap for the Directorate of Real Estate and Petition Writers’ Affairs of the Ministry of Justice for Issuing New Petition Writing Licenses

Receipt of Petition: Coordination Directorate - Directorate of Real Estate and Petition Writers –  Sub-Directorate

Submission of the prescribed petition to the Coordination Directorate.

Registration and issuance of order by the General Directorate.

Referral of Petition Writer License applicants to an examination for competency assessment

After the successful completion of the examination, the board of examiners is to certify the applicant's competence and qualifications to obtain a license of Petition Writing.

Completion of the informational form by the license applicant

Certification of educational documents (educational institutions)

Certificate of criminal record (Ministry of Interior Affaires)

Certificate of no financial liabilities (Ministry of Finance)

Verification of the certified informational form

Review and verification of the informational form after completion and certification by the authorities listed in the form to prevent forgery and falsification of documents.

Submission of license fee

Issuance of license fee tariff (Da Afghanistan Bank)

Issuance of license

Issuance of the license after checking and verifying all documents.