Legal Personality and Assets of Trade Unions

1. Requirements for Obtaining Legal Personality

To acquire legal personality, a trade union must fulfill certain formalities, starting with submitting a registration request to the competent court. This request must be accompanied by the following documents:

• the founding minutes signed by the founding members;
• the trade union’s statute;
• a list of the members of the governing body, including their identification details.

2. Request Review Procedure

After submitting the request, the court reviews the documents within a maximum of 5 days to ensure they comply with the law. If irregularities are identified, the trade union is given a 7-day period to correct them. Otherwise, the request is resolved within 10 days, and the decision to approve or reject is communicated to the applicant. The court's decision can be appealed within 15 days from notification.

3. Obtaining Legal Personality

If the decision becomes final, the trade union is registered in the Special Registry of Trade Unions and will receive a registration certificate within 5 days. The trade union officially acquires legal personality from the date the court's approval decision becomes final.

4. Assets of the Trade Union Organization

The assets of a trade union may include movable and immovable property used exclusively for the benefit of its members. Trade union organizations can acquire such assets either gratuitously or for consideration, to achieve the objectives for which they are established.

5. Economic Activities and Member Support

Trade union organizations may provide material support to members in their professional activities and may engage in various economic activities, such as establishing cultural and educational units, publishing their own journals, or organizing sports activities. Additionally, they can conduct professional training and certification courses in relevant fields.

6. Financial Activity Control

The financial activities of trade unions are controlled internally by a board of auditors. The role and responsibilities of the board must be explicitly stated in the trade union’s statute.

This guide simplifies the process of acquiring legal personality and highlights the importance of meeting legal requirements for trade unions. If you need legal assistance during this process, consulting a specialized lawyer can be essential to ensure a correct and swift registration procedure.