We have started a voluntary organization to work on law and legal system of Bangladesh particularly on youth leadership and preaching of law. The name of organization is “Law Mate” and it started its journey in December, 2016. What should we maintain now and in future to keep its operation lawfully?
Chowdhury Tanbir Ahamed Siddique
Co-founder, Law Mate
Legal Opinion –
Thanks for your query. Actually, the registration process solely depends on the nature and scope of operation of your organization. If the organization runs as that of a private organization, then it must have to obtain registration from the office of the Registrar of the Joint Stock Companies and Firms (RJSC).
Firstly, you need to apply for name clearance from RJSC. If the name of your organization is available or if the name is not similar with any other organization, then after depositing the name clearance fees prescribed by the authority you can apply for name clearance certificate. After examining the name of your organization, the RJSC authority has the discretion to accept or reject your application.
Secondly, after obtaining the name clearance certificate, you have to apply for registration. In the registration process, first thing is to prepare memorandum of assocoation and articles of association, where you also have to mention the executive committee by whom the entire organization will run.
Thirdly, after successfully submission of the necessary documents before the RJSC authority, the authority will forward the file to National Security Intelligence (NSI) for clearance. Then the NSI will investigate your office, your executive committee, the motto of the organization etc. If the NSI authority satisfied that the information submitted before the RJSC are true and the motto of the of the organization does not conflict with the social norms & values and also there is no possibility to to do any act which would be treated as anti-social or anti-state activities, then they may provide clearance certificate.
Finally, after obtaining the NSI clearance certificate, you will obtain the registration from the office of the Registrar of the Joint Stock Companies and Firms (RJSC).
However, if you intend to accumulate foreign funds at a later point of time then registration as a private limited company or an NGO would be most feasible options for you. For registration as an NGO they have to apply to the NGO affairs bureau. There also is prescribed form for application.
For social service type activities, your Law Mate should be registered from Department of Social Service. An application in the prescribed format shall have to be submitted before the review board.
In fine, this is the prescribed steps you need to follow.