This article applies only to Iran.
According to the first article of the corrective code of non-commercial organizations and registration of organizations, the definition of a non-commercial organization is: “What is meant by non-commercial organizations and institutions is all organizations and institutions established for non-commercial goals such as scientific or charit
y affairs and such, whether or not the founders have a profit plan in mind.”
Accordingly, providing services such as educational, scientific, urban services, and humanitarian aids are conceived in the form of a legal entity and are divided into two kinds:
A: Institutions which are established without the aim of gaining profits and diving it between the members. These institutions are referred to as nonprofit institutions. All social activities for instance specific scientific societies such as organizations for special diseases, political societies, charity organizations, and local IMF loans, can be considered nonprofits. Founders of such organizations request registration after which the Office of Registration of Companies will be contacted from the General Information Department of the Police and after receiving a positive response, the necessary registration measures must be taken.
B: Institutions with the aim of gaining some profits and dividing them between the members or between others. These organizations are called non-commercial organizations. Therefore, activities such as scientific and technical institutions, private schools, cleaning companies and other organizations of the same kind are considered nonprofit and a license from the respective authorities is needed for their registration.
Conditions for registering a law firm
A law firm consists of one or more lawyers, one of whom possesses a lawyer’s license and minimum 10 years of experience. A law firm is established for advocacy, providing consultation and general legal affairs and is registered according to the rules. Therefore, members of the institute must meet the following conditions:
- Continuous extension of lawyers’ license
- Not having a law firm or being member of other similar institutions
- Not having a criminal conviction or sentence, from grade 4 and higher
- Lack of corruption and acts contrary to the law and profession
According to the law, any attorney members who do not meet the mentioned conditions will be revoked from membership. Given that the exit of the member would result in the number of members to go lower than the limit established by law, the remaining members must announce the conditions of the one member’s exclusion to the bar association and take action towards replacing a new eligible member with the association’s supervision within 30 days. Other than the mentioned points, meeting the following requirements is obligatory for registering a law firm:
- Similar to limited responsibility companies, the minimum number for establishing a law firm is 2 persons. The firm’s capital must be in cash form and should amount to a minimum of 1,000,000 Rials.
- In order to register a law firm, presenting an establishing license from the judiciary department for the time mentioned in the license is necessary. Extending registration follows the extension of the license.
- The firm must have Iranian citizenship and it cannot under any conditions be changed.
- The law firm must have a Statute which is to be verified and registered by the bar association, and then registered at the department of companies’ registration.
- In the Statute, the name of the law firm, name of founders, complete information and legal place of residence must be mentioned. Any changes made to the Statute and pillars of the firm must be first confirmed by the bar association and registered. A confirmed copy of it must be sent by the applicant to the office of companies’ registration.
- The institution is obligated to present a copy of their published advertisement to the bar association within one month of the publication date.
- The institution can cooperate with the necessary number of lawyers residing in the same area. It is clear that the names of all lawyers will be published in the newspaper advertisement after being approved by the partners’ general assembly, approved by the bar association according to article 3 and passed on to the office of companies’ registration.
Law firm name
- The word “law firm” must be mentioned at the beginning
- The chosen name must have at least three words
- It must be a specific name
- It must be Persian (Farsi)
- The chosen name must be according to the Islamic culture and society’s norms, and not opposing rules and good morals
- Words such as “legal” are considered as an explanation to the work and will not be considered part of the name in the review of requested names due to similarity
Subject of law firm
In most firms’ Statute and in article 2, the subject of these companies is stated as “providing legal advice and carrying out legal affairs by the attorneys of the judiciary” which includes all legal affairs.
- Necessary documents for law firm registration
- Two copies of completed law firm request
- Two copies of completed law firm Statute
- Certified copies of identification documents (birth certificate and national ID card) of all managing board’s members and partners
- Certified copies of identification of legal representative
- Copy of latest official newspaper advertisement of legal person and letter of introduction of representative in case the managing board members are legal entities
- One of the managing board members must hold a bachelor’s degree in Law
- Original or certified copy of letter of credit of lawyer or if the case be, guardian
Experience a safe registration with Sarasa Law Office.