Legislation on associations

Art. 1

An association is the agreement by which two or more persons pool, on a permanent basis, their knowledge or their activity for a purpose other than the sharing of profits. As regards its validity, it is governed by the general principles of law applicable to contracts and obligations.

“Associations are also subject, according to their activity and purpose, to the following classification:

• women's associations
• sports associations
• scientific associations
• cultural and artistic associations
• charitable, relief and social associations
• development associations
• friendly associations
• general-purpose associations

The founders of an association must state its category in the declaration of formation and in the notice published in the Official Gazette of the Tunisian Republic provided for in Articles 3 and 4 of this law. General-purpose associations may not refuse membership to any person who undertakes to abide by their principles and decisions, unless that person does not enjoy his or her civil and political rights, or engages in activities and practices incompatible with the aims of the association. In the event of a dispute concerning the right to membership, the applicant may refer the matter to the court of first instance of the place where the association has its registered office.” (Added by Organic Law No. 92-25 of 2 April 1992).

Art. 2

The cause and purpose of this agreement must in no case be contrary to the law or to public morality, or be such as to disturb public order or to undermine the integrity of the national territory and the republican form of the State. The founders and officers of associations must not have incurred any conviction for a crime or for an offence relating to public morality.

“Persons holding functions or responsibilities in the central governing bodies of political parties may not be officers of a general-purpose association. These provisions apply to the governing committee of the above-mentioned associations, as well as to the sections, branches, ancillary organisations or secondary groups referred to in Article 6 bis of this law.” (Added by Organic Law No. 92-25 of 2 April 1992).

Art. 3 (amended by Organic Law No. 88-90 of 2 August 1988)

Persons wishing to form an association must file, at the seat of the governorate or delegation in which the registered office is located:

• A declaration stating the name, object, purpose and registered office of the association.
• Lists in five copies stating in particular: the surnames, first names, date and place of birth, occupation and domicile of its founders and of those who, in any capacity whatsoever, are responsible for its administration or management, together with the numbers, date and place of issue of their national identity cards. Five copies of the statutes.
• The declaration and the annexed documents are signed by two or more founders and are subject to stamp duty, with the exception of two copies. A receipt shall be issued.

Art. 4 (amended by Organic Law No. 88-90 of 2 August 1988)

On expiry of a period of three months from the date of the declaration referred to in Article 3 above, and subject to the provisions of Article 5 of this law, the association shall be legally constituted and may then begin to carry out its activities as soon as an extract has been published in the Official Gazette of the Tunisian Republic stating in particular:

• The name, object and purpose of the association.
• The surnames, first names and occupations of its founders and of those who, in any capacity whatsoever, are responsible for its management.
• The date and number of the receipt referred to in Article 3 above of this law.

Where necessary, and having regard to the object and purpose of the association, the Minister of the Interior may by decision reduce the three-month period.

Art. 5 (amended by Organic Law No. 88-90 of 2 August 1988)

The Minister of the Interior may, before the expiry of a period of three months from the date of the declaration referred to in Article 3 of this law, take a decision refusing the formation of the association. The decision refusing formation must state the grounds on which it is based and be notified to the persons concerned. It may be challenged under the procedure for actions for abuse of power provided for by Law No. 72-40 of 1 June 1972 on the Administrative Court.

Art. 6 (amended by Organic Law No. 88-90 of 2 August 1988)

Any amendment made to the statutes during the life of the association is subject to the same rules and the same formalities as those applied to its initial formation, as laid down in Articles 3, 4 and 5 of this law. Every legally constituted association is required to declare to the Ministry of the Interior and to the “Governor” concerned all changes occurring in its administration or management.

Art. 6 bis (added by Organic Law No. 88-90 of 2 August 1988)

Every legally constituted association must declare to the Ministry of the Interior and to the Governor concerned the creation of any sections, branches, detached establishments or secondary groups created by it and operating under its management or in constant relation with it for the purpose of common action. The declaration must specify:

• The surnames, first names, date and place of birth, occupation and domicile of the officers of the sections, branches, establishments or secondary groups referred to below.
• The numbers, date and place of issue of the national identity cards of these officers.
• The exact address of each section, branch, detached establishment or secondary group.

Any change occurring in the management or address of sections, branches, secondary establishments or secondary groups must be declared in accordance with the provisions of paragraph 1 of this article.

Art. 7

Any member of an association that has not been formed for a fixed term may withdraw from it at any time, after payment of the membership fees due and those for the current year, notwithstanding any clause to the contrary.

Art. 8

Any duly constituted association may, without any special authorisation, sue and be sued, acquire for consideration, own and administer, apart from subsidies from the State and public authorities:

• The membership fees of its members or the sums by means of which these fees have been redeemed, the latter not to exceed thirty dinars.
• The premises and equipment intended for the administration of the association and for the meetings of its members.
• The immovable property strictly necessary for the achievement of its purpose.

However, where the association pursues an aim of assistance or charity, it may receive gifts and bequests after approval by the Secretary of State for the Interior.

Art. 9 (amended by Organic Law No. 88-90 of 2 August 1988)

An association that periodically receives subsidies from the State, from regional or local authorities or from public establishments is required to submit to them each year its budgets, accounts and other supporting documents. Its accounts are compulsorily subject each year to audit by the inspection services of the Ministry of Finance.

Any sum paid by the State or by public authorities that has not been allocated to its intended purpose within twelve months must be repaid to the Treasury.

Art. 10

Any association formed in breach of Articles 2, 3, 4, 5 and 6 below shall be declared non-existent by the competent court, which shall rule at the request of any interested party, of the Secretary of State for the Interior or of the Public Prosecutor. The Secretary of State for the Interior may, by reasoned order, on condition that he bring proceedings within eight days, close the premises and prohibit any meeting of the members of the group, until final judgment is delivered.

Art. 11

Legally formed associations may join together in unions or federations.

These unions or federations must comply with the above provisions. In addition, they must declare the names, objects and registered offices of their member associations.

The admission of new associations, unions or federations must be declared within one month and in the same form.

Art. 12

Any association may be recognised as being of national interest, after a prior inquiry by the administrative authority into its purpose and means of action, by decree issued on the proposal of the Secretary of State for the Interior. Recognition of national interest may not be granted to associations that have not yet been in existence for two years.

Art. 13

An association seeking recognition of national interest must send an application to the Secretary of State for the Interior, signed by all the persons delegated for this purpose by the General Assembly. This application must be accompanied by five copies of the statutes, adapted to the model statutes laid down by the Secretary of State for the Interior.

Art. 14

Any association recognised as being of national interest may perform all acts of civil life that are not prohibited by its statutes, but it may not own or acquire any immovable property other than that necessary for its purpose. All the securities of such an association must be invested in State bonds or in securities of public establishments of the State.

The acceptance of gifts and bequests made to it must be authorised by order of the Secretary of State for the Interior.

Immovable property included in a deed of gift or in a testamentary disposition that is not necessary for the functioning of the association shall be disposed of within the time limits and in the manner laid down in the act authorising acceptance of the gift. The proceeds shall be paid into the funds of the association.

It may not accept a gift of movable or immovable property subject to a reservation of usufruct in favour of the donor. Any acquisition made in breach of the provisions of this article shall be null and void as of right.

Art. 15

The benefit of recognition of national interest may be withdrawn by decree in the event of a breach by the association of its legal or statutory obligations.

Art. 16

Shall be deemed foreign associations, whatever the form under which they may conceal themselves, groups having the characteristics of an association which have their registered office abroad or which, having their registered office in Tunisia, are managed by a governing committee at least half of whose members are foreigners.

Art. 17

No foreign association may be formed or carry out its activities in Tunisia until its statutes have been approved by the Secretary of State for the Interior, after consultation with the Secretary of State for Foreign Affairs.

Art. 18

Every foreign association is subject to the provisions of Chapter One of Title I of this law.

The foreign officers of the association must hold an identity card of normal duration.

Art. 19

The approval of the Secretary of State for the Interior may be granted on a temporary basis or be subject to periodic renewal.

It may be made conditional upon compliance with certain provisions. It may be withdrawn at any time by order.

Art. 20

Foreign associations, whatever the form under which they may conceal themselves, that do not apply for authorisation under the conditions laid down above shall be null and void as of right. This nullity shall be recorded by order of the Secretary of State for the Interior.

Art. 21

The refusal of approval, or the order withdrawing from an association the authorisation to continue its activity or recording its nullity, may prescribe all appropriate measures to ensure the immediate enforcement of that decision. The liquidation of the group's assets must be carried out within one month from the notification or publication of the aforementioned decision.

Art. 22

Those who, in any capacity whatsoever, assume or continue to assume the administration of foreign associations or of establishments operating without authorisation shall be punished by imprisonment of one to five years and a fine of ten to one hundred dinars. Other persons taking part in the functioning of such associations or of their establishments shall be punished by imprisonment of six months to three years and a fine of ten to fifty dinars. The same penalties shall apply to the officers, administrators and participants in the activity of associations or establishments that operate without complying with the conditions imposed by the approval or beyond the period laid down therein.

Art. 23 (amended by Organic Law No. 88-90 of 2 August 1988)

Without prejudice to the application of the other provisions in force, and in particular those of a criminal nature, with regard to any founder, officer or member of an association subject to legal proceedings, the Minister of the Interior may, in cases of extreme urgency and in order to prevent a disturbance of public order, order by reasoned decision the temporary closure of the premises belonging to or used by the association in question and suspend all activity of that association and any meeting or gathering of its members. The temporary closure and the suspension of the association's activity ordered by the Minister of the Interior must not exceed fifteen days.

At the end of this period, and in the absence of legal proceedings for dissolution, the association shall recover all its rights unless a further period, which may in no case exceed fifteen days, is granted by order on application by the President of the territorially competent court of first instance.

Art. 24 (amended by Organic Law No. 88-90 of 2 August 1988)

The Minister of the Interior may apply to the territorially competent court of first instance for the dissolution of any association where there has been a serious breach of the provisions of this law, where the real aims, the activity or the conduct of the association have proved to be contrary to public order and public morality, or where the association carries on an activity of a political nature. The action for dissolution provided for in this article is subject to the rules of the Code of Civil and Commercial Procedure.

Art. 25 (amended by Organic Law No. 88-90 of 2 August 1988)

In the course of the dissolution proceedings, the Minister of the Interior may at any time apply to the President of the territorially competent court of first instance, sitting in summary proceedings, for the temporary closure of the premises and the suspension of the activities of the association. The decision ordering closure and suspension is enforceable on the original, notwithstanding any appeal.

Art. 26

In the event of voluntary dissolution, the assets of the association shall be transferred in accordance with the statutes or, in the absence of statutory provisions, according to the rules determined by the General Assembly. Failing a transfer carried out under the aforementioned conditions, the assets of the association shall be allocated to the State, which shall devote them to assistance or welfare work, subject to any actions for recovery or claims that may be brought pursuant to Article 28 below. However, where the association has periodically received subsidies from the State or from public authorities, its assets shall be liquidated by the State Property Administration. The proceeds of the liquidation shall be allocated to works of social interest.

Art. 27 (amended by Organic Law No. 80-90 of 2 August 1988)

In the event of judicial dissolution, the association shall be liquidated as of right by the State Property Administration; the net proceeds of the liquidation shall be allocated, by decree, to works of social interest.

Art. 28 (amended by Organic Law No. 88-90 of 2 August 1988)

Upon any dissolution of an association, the property and assets acquired free of charge which have not been specifically allocated by the act of gift to an assistance work may be claimed by the donor, his or her heirs or successors in title. If the property and assets were given for the purpose of providing for an assistance work, they may be claimed only on condition of providing for the achievement of the purpose assigned to the gift. Any action for recovery or claim must, on pain of being time-barred, be brought against the liquidator within six months from the judgment of dissolution or from the decision of voluntary dissolution; judgments delivered in which the liquidator was a party, and which have acquired the force of res judicata, are enforceable against all interested parties.

Art. 29

Any breach of the provisions of this law shall be punished by imprisonment of one month to six months or a fine of fifty to five hundred dinars. The same penalties shall apply to persons who have facilitated the meeting of the members of an association declared non-existent or dissolved.

Art. 30

Anyone who has participated in the direct or indirect maintenance or reconstitution of associations declared non-existent shall be punished by imprisonment of one year to five years and a fine of one hundred thousand dinars, or by one of these two penalties only.

Art. 31

If, by speeches, exhortations, or by reading, posters, publication, distribution or display of any writings whatsoever, or by projection, any incitement to crimes or offences has knowingly been made at meetings held by an association, the officer or officers of the association held responsible shall be liable to a fine of ten dinars to one hundred dinars and to imprisonment of three months to two years, without prejudice to the heavier penalties that may be provided for by the laws in force against the individuals personally guilty of such incitement. In no case may the latter be punished by penalties lower than those imposed on the officers held responsible.

Art. 32

All provisions contrary to this law are repealed, in particular the decrees of 15 September 1888 (9 Moharem 1306) and 6 August 1936 (18 Djoumada 1355).

Art. 34 (repealed by Organic Law No. 88-90 of 2 August 1988)

Art. 35

This law shall be published in the Official Gazette of the Tunisian Republic and enforced as a law of the State.

Done at Tunis, 7 November 1959

The President of the Tunisian Republic

HABIB BOURGUIBA