Cap. 16 Art. 49Form and contents of the statute.

(1) An agreement establishing an association shall be in writing, on pain of nullity.

(2)The statute shall state the following for the association to be eligible for registration:

(a) the name;

(b) the registered address, in Malta;

(c) (i) the purposes or objects of the association; and

(ii) the category of the association when the association is a public benefit association as defined in article 1(4);

(d) the method or process by which membership of the association is granted to applicants;

(e) the mode of procedure during general meetings;

(f) the composition of the board of administration and the name, surname, identification, passport or registration number as applicable, nationality and ordinary residence of the administrators;

(g) the manner in which administrators are appointed or elected to and removed from office;

(h) where there exist more than one board or committee in virtue of the statute, the statute shall specify which board or committee shall be the board of administration;

(i) in case of an association, the administrators of which are non-residents of Malta, the name and address of a person ordinarily resident in Malta who has been appointed to act as the local representative of the association in Malta;

(j) the term for which it is established, if any;

(k) when the category of the association is public benefit, this shall be stated expressly in the constitutive instrument and statute of the organisation. (3)If no term is specified in the statute of the association, such association shall be considered to be indefinite in duration. (4)(a) The statute shall be signed by the associating persons and any person subscribing to the statute after an association is established shall be deemed to have consented to all the provisions of the statute and all rules which may have been validly promulgated by the association until such date. In the event that more than three persons wish to establish an association, a statement may be made of this fact in the statute and the signature of three persons on behalf of all associating members stated in a schedule to the statute shall be sufficient to indicate the consent of all stated persons.

(b) Where an association is being established as a public benefit association involving more than three persons as promoters, the signature of three persons shall be sufficient to indicate the consent of all other associating members at the time of establishment.

(c) A document containing a list of all other associating members shall be sufficient evidence of their consent and notwithstanding the provisions of any other law, in respect of the persons listed in the document containing the list of all associating members, their name, surname and identity card, passport number or registration number, as applicable, shall suffice. A declaration by the three persons that they are authorised to act on behalf of all other associating members shall be recorded under their signature

(d) When such association is constituted by public deed, the Notary Public shall not be bound to ascertain that the three persons have been authorised by the associating members to appear on the deed but shall rely on the document submitted to him by the three persons containing a list of all associating members as evidence of their consent. Notwithstanding the provisions of any other law, in respect of the persons listed in the document containing the list of all associating members, their name, surname and identity card, passport number or registration number, as applicable, shall suffice.

(e) The Notary Public who receives any deed to which this sub-article refers shall record in the deed a declaration by the three persons that they are authorised by the associating members to state their names, surnames and identity card, passport number or registration number, as applicable, in the document above referred to and the said Notary Public shall warn the said three persons of the importance of the truthfulness of such declaration.

(f) The document shall be attached to the statute by the declarants or, if established by public deed, to the public deed establishing the association.

(g) Any person named as an associating member in a document as referred to above who claims that he did not authorise the three persons to include his name and surname and identity card, passport number or registration number, as applicable, in the document shall, within sixty (60) days of his becoming aware of his inclusion in the document, be entitled to register a declaration to that effect in the Register of the association and in the lack of any written evidence to the contrary which may be produced in case of dispute on such matter he shall not be considered ever to have been an associating member. (5)The written consent of the administrators named in the statute to act as administrators of the association must be delivered to the Registrar prior to registration of any association.