How to form a company - Practical insights

How to start an association? That is the question. When an article describing how to register a society appeared on LP recently, I didn't pay much attention. But then we threw the word around among the guys here in the north and the idea of starting our own society was born. It was worse with the realization, but finally it was successful, and since I still have it in my head, I present this guide including attachments. Maybe it will help others and we can put together the 50 societies that might already mean something for the future of our hobby.

The first thing to consider is how your society will operate. Whether everything will be on the shoulders of the chairman and therefore an individual statutory body, or a collective one with a committee in charge. We voted for a collective body. I must say up front that I'm not an expert in forming societies, I've drawn from the internet and froman article on LP plus my own experience of correspondence with the courts, and that's where my guidance is based.

To form an association you need three victims to register it all, so vote wisely so you don't needlessly stock the court with constant changes in the association's organs .

⦁ Application forregistration of the registered data in the register of the association

At https://or.justice.cz/ias/iform/index.ht ml you will find a form to fill in. It is important to note the return code, which will be needed if you constantly correct something according to the wishes of the authorities. Now what all is filled in:

According to the picture, you choose the BASE and JOINT, then just click on create proposal. After you click it, a return code will appear in the top green bar, which you can note down somewhere. On the home page you need to enter the court where you will be sending the motion and the type of filing: motion.

On the home page, the subject and final sections will be filled out .

How to fill out the subject line:

Company body system: collective (note that this must also be defined in the articles of association!)
Name: name of the society z.s. (The name must be the same everywhere, be careful of this.)
Registered office: existing address where the society will be based, owner's consent will be needed.
The purpose of the society is...:
Some description of why you are forming the society, some variation of this for example:"The purpose of the association is to bring together citizens who wish to participate in the preservation and protection of historical artifacts, finds and monuments. They are interested in cooperating with relevant state and municipal organizations, especiallymuseums and archaeological institutions in rescue archaeological research and metal detector surveys.“

Objects of ancillary economic activity: not filled in
Name of the highest authority: Members' meeting
Statutory body - leave committee and add 3 individuals.
I have entered one function for each member e.g.: chairman, vice-chairman and committee member
Enter the date of incorporation and membership on the date of incorporation .
Number of members of the statutory body: 3
Method of Acting: Chairman or a committee member authorised by the Chairman.
Then just save this part of the form.

How to complete the final section?

Appellant.
Here I have listed all the three members of the prospective committee, just click on select person from the entity and from there select all the three members one by one.

Date of entry: within the statutory period.
This motion is made on behalf of the proponent: here should be the name of the person who will be signing the whole document at the end, that is one of the three.

Attachments: I have this.

Just fill in the where and the date at the end. I put the date after the constituent meeting, which would be the first action in the formation of the association.

What to watch out for: Mainly the domicile must be in order for each member of the statutory bodyThe court cross-checks this in its register (I was once returned for a wrong permanent address.And most importantly what is in the articles of association must be in this petition for registration.
Once you have the document completed and error free, you can generate and print it. At the post office, the person filing this proposal will sign (This proposal is filed on behalf of the petitioner). The signature must be officially certified (30,- CZK).

⦁ Statutes of the association

As an attachment I enclose our statutes, they can be modified if necessary, especially make sure you have the same name of the association everywhere, sprádefined statutory body (collective) and the way of acting of the statutory body (must correspond with the proposal) which is art.7 In the statutes, the amount of the membership fee is defined, we chose no fee and it passed, so it's fine.
I left the bylaws with the date of the constituent meeting. The bylaws just need to be signed by whoever made them.

⦁ Minutes of the founding meeting of the association

Important document everything must fit again, that means watch out for names, addresses or dates. I have attached our minutes, please edit as necessary. The minutes are signed by the person who took them and the second signature is the member who verified the minutes. Both signatures again at the post office to verify. (2x30,- CZK). The minutes include a list of attendees where you list the members who attended the meeting, there must be a minimum of three and again just their signature without verification is sufficient. On the other hand, a verified signature is needed from the one who prepared and verified the list (30,- CZK).
Have a certified copy of these minutes made at the post office when you have all the signatures verified. This will then be sent to the court (90,- CZK).

⦁ Affidavit, consent of the person to be entered in the register and specimen signature

Each of the three members of the statutory body should fill in this document and have their signature certified again at the post office. Each separately, so you will have 3 documents, each for one committee member (3x30,-Kč).

⦁ Consent of the property owner to the location of the association's registered office

This document is filled out by the owner of the property where the headquarters of the association will be reported, again everything must agree both in the statutes, the proposal and the minutes of the constituent meeting. The signature must be verified at the post office (2x30,- CZK).

⦁ Cover letter

This is where you introduce yourself and write what you actually want, a sample is attached, I wrote it three times because it was returned to me twice, so there is no limit to creativity.
Once you have all the documents together just send it to the address of the court which is in the header of the proposal you generated on the website. I sent everything in the original, except for the minutes where I sent a certified copy. I filed the original.
If all goes well in about 7 days you will receive a reply that the association has been incorporated, if not you will receive a letter telling you what, you got wrong and that you have 20 days to correct it. I think it can be done quite calmly and it's not rocket science.
If there's a problem, I'd be happy to advise if I know.
I would like to thank Jirko Litrfree Vavrin for his help in registering the association.

MDC Šluknovsko - Logi

Download:

• Statutes of the association
• Minutes from the founding meeting of the association
• Affidavit, consent of the person to be entered in the association register
• Consent of the owner of the real estate to the location of the headquarters of the association
• Cover letter

How Litrfree saw it

Logi got in touch with me almost immediately when the article on Hunter came out, and the text reminded me that I had written that How to Start a Society guide one steamy summer. So we celebrated New Year's Eve together on Facebook chat. And after the new year, we got down to it. I appreciate that Logi actually read the manual and thought it through. He was ready. His questions were sometimes hellish, like about signatures and verification, but I forgave him, as he shovelled it out to followers in the article above. So we have been working hard since January.

Logi has verified in practice what I recommend to understand and not neglect, i.e. if something is stated in the bylaws, it must be in the proposal anyway. The fighters have chosen a more complicated way of managing and leading the association, namely by a collective body. I did not recommend it, because in crises, as is clear from history, one pulling party takes it all away. Don't forget that, the head of the first invasion wave has to be a real personality. But what, it is possible, the adjustment, as the guys have. The second thing is the permission of the owner of the headquarters. The third is the consistency of personal documents and actual status, I mean at the residence you mention. There can be a problem with expired ID, that can happen too.

So January went by nicely in the evenings on Facebook, Logi got acquainted with most of the clerks of the registry court, as they returned it to him, he didn't lose his nerve, and in the middle of February he hit them all and passed. That's just the mark of that personality, the ability to persevere to achieve a goal, to go for it even when you can't or won't. I'm proud they did it, congratulations from the bottom of my heart to the boys. Now that I'm like their Godfather.

Litrfree
Jirka Vavřina, DETECTOR OF THE CENTER.