Organization : Government of Croatia
Facility : Dissolution of Association
Country : Croatia
Website : https://gov.hr/en/dissolution-of-association/582
How To Apply For Dissolution of Association in Croatia?
Reasons for the dissolution of an association are the following:
** decision of the assembly on the dissolution of the association
** acquisition of another association, merger with another association, division of the association by separation
** the fact that twice as much time has elapsed than is foreseen for holding regular meetings of the assembly without a meeting being held
** a final court decision on the dissolution of the association
** initiation of bankruptcy proceedings
** at the request of a member, the fact that the number of members of the association has fallen below the number of founders required for the establishment of an association without a decision to admit new members being made by the competent body of the association within one year from the occurrence of this fact.
A person authorised to represent the association must submit an application to the competent administrative authority for the entry of changes in the Register of Associations related to the dissolution of the association.
To register changes, the following is necessary:
** application for the entry of changes in the Register of Associations of the Republic of Croatia
** decision on the change
** record of the work of the body of the association responsible under the statute for making the decision on the basis of which the association seeks to enter a change in the Register of Associations.
Application for the entry of changes in the Register of Associations of the Republic of Croatia can be found on the website of the Ministry of Justice and Public Administration.
An application for entry in the Register of Associations or an application for the entry of changes in the Register of Associations must be submitted in two identical copies.
The application can also be submitted by filling in an electronic form available on the website of the Ministry of Justice and Public Administration
Bankruptcy Proceedings
The provisions of the Bankruptcy Act (OG 71/15 and 104/17) apply to associations in the same way as to other legal persons. Pursuant to the Act on Associations (OG 74/14 and 70/17), bankruptcy is one of the reasons for the dissolution of an association. Bankruptcy proceedings are initiated when the claims of the association’s creditors cannot be settled from its assets or when the performance of the activities of the association is prohibited by a court decision. Bankruptcy proceedings are conducted in accordance with the provisions of the Bankruptcy Act.
Summary Bankruptcy Proceedings
Summary bankruptcy proceedings can also be conducted against an association if the legal person in question (the association) has no employees, and in the event that the Register of the Order of Payment Bases contains records of unexecuted payment bases for a continuous period of 120 days.
Pursuant to the provision of Article 428 of the Bankruptcy Act, regardless of the association’s activity or inactivity, and regardless of the financial amount of outstanding liabilities, within eight days after the expiration of the period of 120 days of insolvency of the association, the Financial Agency (FINA) submits ex officio to the commercial court a request for the application of summary bankruptcy proceedings, and is not required to inform the legal person (the association) about the submission of this request.
Deletion From Register of Non-Profit Organisations
An association is not required to report its dissolution to the Register of Non-Profit Organisations. Non-profit organisations are deleted from the Register of Non-Profit Organisations by deleting them from the main register, and a notification thereof is submitted to the Ministry of Finance by the head of the relevant register ex officio no later than 30 days after the change took place.