Examples of how to draft a Constitutional Act (part I)

A constituent act is a legal document contentious to the clauses or statutes under which a company, institution, association or foundation will be governed, for profit or not. That is, it is the founding document of any labour or altruistic legal association, and is considered the main requirement, as well as the guide by which that institution will be governed.


This document must be written on sealed paper or trade, according to the country house requirement. No space should be left between each line.  In fact if any of them are left in half, you must add points or dashes (…. or —-) until the line is finished, that is, shield the document so that no one can add anything in that space. It must also be written in times new roman, number 12.

It is also stystyle that the odd pages have a total of thirty lines, while the pairs contain thirty-four. It must also be registered in a Registry for its validity.

Next, we will tell you what is the content of the first three clauses that normally includes a constitutional act document, we will also give you examples of each of them, so that you can guide you through them when preparing the document of your foundation or company.

a) In this sense, you must begin your minutes with the title of the document, which must also be shielded. For example:

— CONSTITUTIVE ACT OF THE ESPERANZA FOUNDATION–

After this, you can leave a space before starting with the writing of your document, however you should not forget that it must also be shielded, leaving as follows:

— CONSTITUTIVE ACT OF THE ESPERANZA FOUNDATION——

———————————————————————

b) After that line, it is necessary to place the introduction of your Constitutive Act, in which it is manifested who and where they meet for which object. Normally this paragraph contains, in this order, the NAMES, NATIONALITIES, MOST AGE, INDICATION OF BEING CIVILLY SKILLED, DOMICILIO, NUMBERS OF CDULA OR IDENTIFICATION, CITY AND COUNTRY WHERE THE MEETING IS PERFORMED, REASON OF THE SAME (i.e. what kind of association or company have decided to incorporate). An example of the introduction of a constituent act may be as follows:

We, Mary Simpson, Johana Josephine Patrick, Armand Waters, Mary Ester Trump, Dhayira Rockefeller and Jeffery Smith, (NATIONALITIES), of legal age, all civilly skilled, of this address and holders of identity cards numbers XXXXXXXX, XXXXXXX, XXXXXXX, XXXXXXX, XXXXXXX and V- XXXXXXXX, respectively, gathered in the city XXXXXXX, of COUNTRY NAME, we have agreed to establish, as we formally constituted in this act, a Foundation, which will be governed by the following clauses that will serve Constitutional Act and Company Statutes: ——————————-

c) You will then begin to explain in each of the clauses the statutes of the association or undertaking. In this sense, the first clause will always be expressed what will be the name that the institution will bear, as well as the character (WITH OR WITHOUT LUCRO PURPOSEs), as well as its personality (JURÍDICA). This should be placed on the starting line the subtitle corresponding to the name of the clause, which must be in sustained capital letters, underlined and followed by a period and a hyphen, there should also be no spaces between this subtitle and the content of the clause. An example of a first clause can be as follows:

FIRST CLAUSE- The Foundation will be called Esperanza and has the character of a private non-profit entity, with legal personality according to the Law and with full capacity to perform all the acts that are necessary for the full fulfillment of its object social, ————————————————————————-

d) Using the same format as the employee in the first clause, the second expresses the tax domicile of the foundation or association, as detailed as possible, and following the names how the property is registered, for this paragraph it is convenient guide yourself by the title of ownership or lease of the home or office where the institution will operate, so that the location is properly expressed. An example of a second clause can be as follows:

SECOND CLAUSE- The following address is established as the foundation’s headquarters: Zona Tercera del Barrio 30 de Enero, Calle Buena Ventura, Edificio La Gran Victoria, floor 5, apartment B-34, (Municipality, parish, department or colony, depending on the but it may be established, in the opinion of the Board of Directors, subsidiaries or delegations in other cities of the country and abroad, as well as partnering with related or similar institutions, national or international.——————————————————————–

d) After this clause would come the third, which is somehow the main clause of the Minutes, since it expresses the object or objective of the association. Just as with the previous two it is governed by the same format, and it must be as specific as possible, because it is very difficult to modify it after being signed in a Registry. In it they must place what they want to do, with which people they want to work with, if they want to market some product, etc. An example of a third clause would be as follows:

THIRD CLAUSE- The purpose of this Foundation is to serve as an artistic and media platform, for the visibility of people with any type of disability, especially people with down syndrome, as well as regulars, in order to promote, disseminate and dignify their lives and talents, through the creation and production of the performing, film, visual, audiovisual, musical, plastic and literary arts in different genres and sociocultural fields.

The training and training of people with physical, intellectual and sensory disabilities in the artistic field, in order to train them as actresses and actors, filmmakers in all areas, Marketing, export and import of artistic creations, implements and technical and artistic teams related to theatrical, cinematic, audiovisual and cultural artistic work; as well as all related activities in all its practical, theoretical and commercial manifestations.———————————————————————————————————.

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Examples of how to draft a Constitutional Act (part I)
Source: curiosities  
August 25, 2019


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