The president of the National Assembly, Gustavo Porras, presented this Tuesday, May 10, the initiative “Special Law for the change of Regime of Legal Entities” that intends that five non-profit organizations in Nicaragua be transferred to the mercantile regime alleging that they carry out activities commercial.
The five organizations are: the Nicaraguan Spanish Association, the Terraza Club Association, the Nejapa Country Club Association, the Chinandega Country Club and the Cocibolca Equestrian Center Association (Asoceco).
Porras argues that “it was necessary to identify those institutions that have the legal personality of Non-Profit Associations, but whose economic activity carries out acts of commerce” that are not “compatible” with the nature” of the new definition of Non-Profit Organizations. (OSFL)”, which entered into force on May 6.
This new definition of NPO includes organizations “whose purpose is of a humanitarian, religious, cultural, educational, social or fraternal nature or for carrying out other types of altruistic actions that are generally financed with aid and donations.”
According to the Ortega deputy, this initiative “is intended to establish the special conditions for the effective transfer to the commercial legal regime” for these five associations.
They cancel personalities of the associations of social clubs
Article one of the initiative establishes the cancellation of the legal status of the five non-profit associations that will operate in a “fatal period of ninety days”, counted from the publication and entry into force of the Law.
It states that in order to “give continuity to their economic activity” they must be constituted in mercantile companies “that for such purposes their members determine in strict compliance with the constitutional principle of business freedom that assists them”.
The bill indicates that “the transfer of the legal regime consists in that the commercial companies created will be successors of continuity of the canceled legal persons, thus guaranteeing the continuity of the economic activities of each of the companies, if so provided. the partners”.
Government ordered “temporary closure” of Casa España Nicaragua
The Ministry of the Interior (Migob) had ordered last March the “temporary suspension” of the Nicaraguan Spanish Association, known as Casa España/Club Campestre, under the argument of alleged “contradictions and lack of understanding” between the partners registered with the entity. regulator until before January 2017.
Casa de España is a private social club established in 1964, with the purpose of strengthening the bonds of friendship between Spanish residents in Nicaragua and fostering their relationship with the Nicaraguan community. It obtained its legal personality in January 1969. In 1993, with the promulgation of Law 147 or General on Non-Profit Legal Entities, it was registered in the Migob with the perpetual number 960.
In a letter, Félix Jiménez, former legal representative of Casa España, informed the members of the organization that on March 8 he was called “irregularly” to a meeting with the head of the Department of Registration and Control of Associations of Migob, Franya Urey Blandón, who notified him in writing that the association was temporarily suspended.
In addition, according to Jiménez, the official verbally requested a list of associate members before January 2017 and the updated list to date.
