The Charter of the Bahrain Bar Association

Part One
General Provisions

Article 1
The Bahrain Bar Association was established in the State of Bahrain in 1977. It was re-registered on October 19, 1991, under registration number 67/C/M, in accordance with the provisions of the Law of Associations, Social and Cultural Clubs, Private Bodies Working in the Field of Youth and Sports, and Private Institutions, promulgated by Decree-Law (21) of 1989 and the ministerial decisions issued pursuant thereto.

Article 2
The association shall be registered with the Ministry of Labor and Social Affairs in accordance with the provisions of Ministerial Resolution No. (2) of 1990 regarding the organization of the register of associations and social and cultural clubs subject to the supervision of the Ministry of Labor and Social Affairs. The legal personality of the association shall be established from the date of publication of its registration in the Official Gazette.

Article 3
The headquarters and administrative center of the association shall be in the city of Manama.

Article 4
The Association shall be legally represented by the Chairman of its Board of Directors or his representative, pursuant to a decision by the Board of Directors.

Article 5
The Association’s name, address, registration number, scope of work, and logo (if any) shall be included in all its books, records, and publications.

Chapter Two
Objectives of the Association and Means of Implementation

Article 6
The Association shall work to achieve the following objectives:
a. Contribute to the development of the legal profession and preserve its traditions, enabling it to fulfill its essential role in establishing the foundations of justice.
b. Work to develop and enhance legal thought and awareness.
c. Provide material, social, and cultural services to members through the assistance and services it provides.
d. Strengthen the bonds of friendship and cordiality among its members and seek to resolve professional disputes between them.
e. Cooperate with all organizations that include those working in the legal profession and legal work, both regionally and internationally.
f. Ensuring the independence of the legal profession, ensuring lawyers’ freedom and immunity in performing their mission, the sanctity of their work and office, and guaranteeing their rights.
g. Ensuring adherence to the honor and ethics of the legal profession.

Article 7
The Association seeks to achieve its objectives through the following means:
a. Holding cultural and legal seminars and conferences.
b. Focusing on legal studies, research, and seminars.
c. Participating in organizations that include legal professionals and legal practitioners, both regionally and internationally.
d. Coordinating with official and non-official bodies to achieve the Association’s objectives.

Chapter Three
Membership

Article 8
Members of the Association must meet the following conditions:
1. Be a licensed lawyer registered in the register of practicing lawyers or the register of trainee lawyers.
2. Be a Bahraini national.
3. Have a good reputation and conduct, and not have been convicted of a crime involving honor or integrity unless their reputation has been restored.
4. Pay the joining fee and monthly subscription.

Article 9
Anyone wishing to join the Association must submit an application to the Secretary of the Board of Directors, using the form prepared for this purpose.
The Secretary must present the application to the Board of Directors at its first meeting to decide whether to accept or reject the application.

Article 10
The applicant shall be notified in writing of the Board of Directors’ decision to accept or reject the application within one month of the date of issuance of the decision, stating the reasons for rejection. Applications previously rejected by the Board may not be reconsidered until a period of no less than three months has passed from the date of the rejection decision.

Article 11
Anyone wishing to withdraw from the Association must submit their application to the Secretary of the Board of Directors in writing, including the reasons for withdrawal.
The Secretary must present the application to the Board of Directors at its first meeting after submitting the application to consider the reasons for the member’s withdrawal and attempt to persuade the member to reconsider their decision. If the member does not reconsider their application, their withdrawal shall be deemed accepted. The withdrawing member is obligated to pay all due membership dues and any other financial obligations to the Association. Article 12
A member of the Association has the right to:
1. Attend General Assembly meetings and discuss the topics on its agenda.
2. A member who has fully paid their membership dues has the right to vote, nominate, and be elected.
3. Obtain a membership card from the Association, indicating their name, address, date of joining, membership number, personal identification number as recorded in the Central Population Registry, and any other information.
4. Obtain a copy of the Association’s bylaws.
5. Benefit from the facilities provided by the Association to its members at the professional and social levels.
6. Obtain any bulletins or publications issued by the Association.

Article 13
A member of the Association must do the following:
A. Adhere to the Association’s bylaws, internal regulations, and the decisions of the General Assembly and the Board of Directors.
B. Pay the membership fees as determined by the financial regulations.
C. Work to achieve the Association’s objectives through participation in its programs and activities.
D. Commitment to the honor and ethics of the legal profession.

Chapter Four
Penalties and Termination of Membership

Article 14
The penalties that the Board of Directors may impose against members are limited to the following:
a. Written warning.
b. Written warning.
c. Temporary suspension of membership for a period not exceeding six months or until the first meeting of the General Assembly, whichever is sooner.
d. Suspension of membership pending referral to the first regular meeting of the General Assembly with a recommendation for dismissal.

Article 15
The Board of Directors may impose one of the penalties stipulated in Article (14) in the following cases:
a. If the member violates the bylaws or internal regulations of the association.
b. If the member violates the decisions of the General Assembly or the Board of Directors.
c. If the member embezzles the association’s funds, misappropriates its trust, or forges its seals, correspondence, or papers.
d. If the member fails to pay his or her membership dues for a full year without acceptable reason despite being notified in writing of the obligation to pay. e. If a criminal conviction is issued against him for a crime involving moral turpitude or dishonesty, unless his reputation is restored.

Article 16
A member shall be expelled from the association by a decision issued by the regular general assembly meeting by a two-thirds majority of the members present, based on the recommendation of the board of directors, provided that the member concerned is invited to attend the hearing.

A meeting shall be held with written notice no less than two weeks in advance. This decision of the General Assembly shall be final and not subject to appeal.

Article 17
A. Members expelled for any reason, other than failure to pay dues, may not be accepted for new membership except by a decision of the General Assembly at a regular meeting by a two-thirds majority vote of the members present.
B. Members expelled for failure to pay dues shall automatically regain their membership upon submitting a written request to the Association’s Board of Directors, along with their outstanding dues.

Article 18
Membership shall be revoked in one of the following cases:
A. Death
B. Withdrawal from the Association
C. Loss of one of the membership requirements stipulated in Article (8).
D. Expulsion from the Association.

Chapter Five
The General Assembly

Article 19
The General Assembly is the supreme authority for formulating the Association’s policy and monitoring its implementation. Its decisions shall apply to all its bodies, committees, and members. Article 20
The General Assembly shall consist of all active members who have fulfilled their obligations under the Association’s bylaws.

Article 21
The General Assembly shall hold its regular session once a year, within the three months following the end of the Association’s fiscal year, at the Association’s headquarters.
The Board of Directors may call the General Assembly to convene at another location.
The Board of Directors shall determine the date, place, and agenda of the General Assembly and shall notify the members thereof at least two weeks in advance.
The General Assembly may not consider matters other than those listed on the agenda except with the approval of the majority of the total number of General Assembly members present.

Article 22
A General Assembly meeting shall not be considered valid unless an absolute majority of its members are present. If this quorum is not met, the meeting shall be adjourned to another session to be held no less than eight days and no more than fifteen days from the date of the first meeting. The second meeting shall be valid if attended by one-third of the General Assembly members. If the quorum is not met, the meeting shall be adjourned to another session to be held within a period of not less than one hour and not more than fifteen days from the date of that meeting.
In this case, the meeting shall be valid if attended in person by ten percent of the members.
If the quorum is met, the validity of the decisions taken shall not be affected by the withdrawal of less than half of the members present at the start of the meeting.

Article 23
The General Assembly may hold an extraordinary session based on:
a. An invitation from the Board of Directors.
b. A written request submitted to the Board of Directors by at least one-third of the members entitled to attend the General Assembly.
c. An invitation from the Ministry of Labor and Social Affairs.

The invitation shall specify the purpose of the meeting and the issues and topics for which it is being held.
The procedures for holding an extraordinary session shall be followed in accordance with those for regular sessions, including setting the date, place, validity, and other matters.

Article 24
The General Assembly’s decisions shall be issued by a majority vote of the members present. However, a two-thirds majority of the General Assembly’s members is required for valid decisions regarding the dismissal of members, amendment of the Association’s bylaws, or removal of Board members.

Article 25
The Ordinary General Assembly shall have jurisdiction over the following ordinary matters:
a. Discuss and vote on reports and proposals submitted by the Board of Directors or committees.
b. Discuss and vote on the draft budget for the next fiscal year.
c. Discuss and vote on the final account of the Association’s revenues and expenditures.
d. Discuss and vote on the Board of Directors’ report on the activities of the past year.
e. Appoint the auditor and consider his report on the Association’s final account, subject to the provisions of Article (44) of these Bylaws.
f. Elect members of the Board of Directors.
g. Other matters that the Board of Directors or members deem necessary to include on the agenda.

Article 26
The Extraordinary General Assembly shall have jurisdiction over the following:
a. Amending the Association’s bylaws.
b. Voluntarily dissolving the association or merging it with other associations working to achieve a similar purpose, subject to the provisions of Article (49).
c. Dismissing some or all members of the Board of Directors.
d. Other matters determined by the entity calling for the extraordinary general assembly.

Chapter Six
Board of Directors

Article 27
The Board of Directors is the executive authority of the association and implements the policy formulated by the General Assembly and the decisions it issues to achieve the legitimate purposes of the association.
The Board of Directors is responsible for managing the affairs of the association and may, to this end, undertake any work except those stipulated in these bylaws that require the approval of the General Assembly prior to their implementation.
The Board of Directors, in particular, shall undertake the following tasks:
a. Preparing the general framework for the general policy of the association.
b. Preparing plans and programs to achieve the association’s objectives.
c. Drafting the association’s bylaws in light of its articles of association.
d. Studying reports submitted by the association’s committees and the association’s members’ proposals and taking appropriate decisions regarding them.
e. Preparing the association’s draft annual budget and final accounts.
f. Preparing the annual report on the association’s activities.
g. Forming the necessary committees to achieve the association’s objectives and encourage members to join.
h. Preparing and distributing the bulletins, brochures, and studies necessary to achieve the association’s objectives.

Article 28
The Board of Directors shall consist of seven members elected by the General Assembly from among its members for a two-year term. They shall be elected by direct secret ballot.

Article 29
A member of the Board of Directors shall meet the following requirements:
a. He/she shall be in full possession of his/her civil rights.
b. He/she shall not have been a member of the Board of Directors of an association proven to have committed violations that led to its dissolution within five years from the date of the dissolution decision.
c. His/her term of membership in the association shall not be less than two years.

Article 30
It is not permissible to combine membership in the Board of Directors of the association with membership in the Board of Directors of another association operating in a similar activity.

Managing and working for the association for remuneration.

Article 31
The Board of Directors shall elect from among its members, by secret ballot, a Chairman, a Vice-Chairman, a Secretary, and a Treasurer. The responsibilities of each shall be as follows:

A. Chairman:
He is the legal representative of the association to third parties. He shall preside over and manage the meetings of the Board of Directors and the General Assembly, sign the minutes of their meetings with the Secretary, and sign checks, all disbursement orders, and financial documents with the Treasurer. He shall also sign decisions to dismiss members and supervise all the association’s activities. He shall also adjudicate urgent matters that cannot be delayed, provided that they are presented to the Board of Directors at its first meeting.

B. Vice-Chairman:
He shall have the responsibilities of the Chairman in the event of his absence. The Board of Directors may delegate to him certain permanent financial, administrative, or technical responsibilities.

C. Secretary:
Prepares the agenda for the board and general assemblies’ meetings, records the minutes, and signs them with the president. He also supervises all written work, correspondence, files, records, books, papers, and contracts.

Dr. Treasurer:
Manages the association’s funds, maintains its accounts, revenues, and expenditures, deposits its funds in an approved bank, and disburses any disbursements based on authorizations signed by him and the president. He is also responsible for monitoring the collection and recording of subscriptions in the books and records, and for maintaining financial documents that entail a financial obligation or right for the association, ensuring that revenues and expenditures comply with the provisions of the financial regulations. He must submit a monthly report to the Board of Directors on the financial status of revenues and expenditures. He may retain a specific amount for necessary expenses, as determined by the association’s financial regulations.

Article 32
The Board of Directors may form subcommittees from among its members or others. The Board shall determine the number of members and the terms of reference of each committee and establish a system for its work. The results of its studies and research shall be presented to the Board for its decision.

Article 33
The Board of Directors shall meet regularly at least once a month. Its meetings shall be valid if attended by a majority of its members. The Board Secretary shall prepare the agenda for Board meetings and present it to the Chairman of the Board of Directors for his decision. The Secretary shall then notify the members of the agenda at least one week prior to the meeting.

Board decisions shall be issued by a majority vote of those present. In the event of a tie, the Chairman shall have the casting vote.

Article 34
The Board of Directors may hold an extraordinary meeting at the invitation of the Chairman or upon the request of at least one-third of the Board members to consider urgent matters.

The meeting shall be limited to discussing the topics included in its agenda.

Article 35
Any member who is absent from the Board of Directors for three consecutive meetings or six times within a single year without providing an acceptable excuse shall be deemed to have resigned from the Board of Directors.
In the event of the death, resignation, or dismissal of a member of the Board of Directors, or if the seat becomes vacant for any reason, the member who received the highest number of votes after the other members of the Board of Directors in the elections held to determine the Board of Directors shall replace them.
The term of the new member shall complement the term of the predecessor until the end of the term.
If the member to be replaced is elected unopposed, the Board may continue to perform their duties until the end of the term without appointing a successor, provided that the number of members whose seats have become vacant for the reasons previously mentioned does not exceed one-third of the Board of Directors, unless the matter must be referred to the General Assembly to elect a successor for the member or members whose seats have become vacant.

Article 36
The Board of Directors shall be dissolved if at least one-third of its members resign at once, or if the number of remaining members becomes less than half of the Board of Directors for any reason. In both cases, the matter shall be presented to the General Assembly in an extraordinary meeting to elect a new Board of Directors whose term shall extend to that of the previous Board.
The remaining members of the dissolved Board of Directors shall convene the General Assembly within one month of the date of the dissolution of the Board. If they fail to convene within one month of the date of the dissolution of the Board, the Ministry of Labor and Social Affairs shall take the necessary measures to convene the General Assembly within one month of that date.

Article 37
The Board of Directors shall maintain the following records and books at the Association’s headquarters:
a. A register for registering members, indicating, in particular, each member’s full name, date of admission to membership, and personal identification number as recorded on the Central Population Registry card.
b. A register for recording the minutes of Board of Directors meetings, signed by the Chairman, the Secretary, and all members present.
c. A register for recording the minutes of the General Assembly meetings.
i. A register for recording revenues and expenditures.
e. A bank account book.
f. A permanent advance account book.
g. A subscription account book.
h. A register shall be maintained to record all real estate, movable property, or other permanent property owned by the Association. This register shall include a brief description of each property, its purchase price, date, and location, as well as the name, title, and address of the person in charge of the property. Any change in its condition shall also be recorded in the aforementioned register.
The Board of Directors may, if necessary, add additional information to the information contained in the aforementioned forms.
The Board may also establish other records and books as may be required for the smooth running of the business.
Before the aforementioned records and books are used, each page must be numbered consecutively and stamped with the Association’s seal. All records, books, and files must be up to date.

Article 38
The Board of Directors may appoint a director from among its members or from outside the Board of Directors to manage the Association’s headquarters, provided that the director’s duties are determined.
The appointment of the director may be for a fee determined by the Board. In such a case, the director shall be deemed to have resigned from the Board of Directors if he or she is a member.

Chapter Seven
Association Finances

Article 39
The association’s revenues consist of:
A. The membership fee paid by the member upon registration or re-registration.

With its membership.
B. Membership dues.
C. Gifts and donations approved by the Ministry of Labor and Social Affairs.
D. Revenues from events, exhibitions, and charity markets held or in which the association participates, after obtaining the approval of the competent authorities.
E. Profits and interest resulting from investing its funds within the limits of applicable laws.
F. Aid received from the state.
R. Revenues from the sale of the association’s literature.

Article 40
The association may not receive funds from a foreign person or entity, nor may it send any of the aforementioned to persons or organizations abroad, except with the permission of the Ministry of Labor and Social Affairs. This applies with the exception of amounts for the cost of books, publications, and scientific and technical magazines.

Article 41
The association’s fiscal year begins on January 1 and ends on December 31 of each year.

Article 42 –
The Chairman and members of the Board of Directors are responsible, each within the limits of his or her jurisdiction, for the Association’s funds and for any disposal thereof that violates the provisions of these Bylaws, the Association’s internal regulations, and the decisions of the General Assembly.

Article 43 –
The Board of Directors shall establish financial regulations governing the Association’s financial affairs, particularly the disbursements and deposits of the Association’s funds, the determination of membership and subscription fees, the amount of funds the Treasurer may retain as a permanent advance for emergency disbursements, and other information.
The financial regulations shall not be considered valid until approved by the General Assembly.

Article 44 –
The Board of Directors shall present the final accounts to the General Assembly, certified by all members, for their opinion and approval.
If the Association’s expenditures or revenues exceed ten thousand dinars, the Board of Directors shall submit the final accounts to an accredited chartered accountant, accompanied by supporting documents, for review and submission of a report thereon at least one month prior to the General Assembly’s annual meeting. The Board of Directors shall present the draft budget for the next year to the General Assembly for its opinion.
A copy of the final accounts, the balance sheet, and the auditor’s and board of directors’ reports must be attached to the invitation letters addressed to members entitled to attend the General Assembly. These documents must also be displayed in a conspicuous place at the Association’s headquarters at least fifteen days before the General Assembly meeting and remain there until ratified.

Article 45
The Association’s cash funds shall be deposited in the name under which it is registered with an approved bank. The Ministry of Labor and Social Affairs shall be notified of this. Any change in bank account must be notified within one week of the change.
No amount may be withdrawn from the bank unless the check is signed by the President and Treasurer, or their representative, by decision of the Board of Directors.

Article 46
No amount of the Association’s funds may be disbursed except by decision of the Board of Directors, within the limits of the Association’s purposes, and in accordance with the terms and conditions specified in these bylaws and the financial regulations. In emergency cases, disbursements may be made by order of the Chairman of the Board of Directors without prior approval from the Board, provided that the disbursement is presented to the Board at its first meeting, accompanied by the reasons and supporting documents.

Article 47
The Association’s funds, whether in kind or in cash, including subscriptions, donations, gifts, and other assets, are considered the property of the Association. No member of the Association, anyone whose membership has been revoked for any reason, or their heirs shall have any right to them.

Article 48
The General Assembly shall select the auditor from among those nominated by the Board of Directors, subject to the provisions of Article (44) of these Bylaws. The General Assembly shall determine the auditor’s remuneration. However, during the Association’s first year, the auditor shall be selected by the members at their first meeting in the form of a General Assembly.

Chapter Eight
Dissolution or Merger of the Association

Article 49
The decision to dissolve or merge the Association shall be made at an extraordinary meeting of the General Assembly by a four-fifths majority of the members.

Article 50
After its dissolution, members of the Association, as well as those in charge of its management and employees, are prohibited from continuing its activities or disposing of its funds once they become aware of its dissolution. It is also prohibited for any person to participate in the association’s activities after the dissolution decision is published in the Official Gazette.

Article 51
If an association is dissolved, the Ministry of Labor and Social Affairs shall appoint a liquidator for a period of time and with remuneration.
The association’s administrators must promptly hand over all documents and records pertaining to the association to the liquidator upon request. They, the bank holding the association’s funds, and its debtors are prohibited from disposing of any of the association’s affairs or rights except by written order from the liquidator.

Article 52
After the liquidation is complete, the liquidator shall distribute the remaining funds to the charitable associations or organizations designated by the General Assembly when it issues the dissolution decision.

If the method of distribution becomes impossible, the Ministry of Labor and Social Affairs shall specify the social organizations to which the association’s funds should be allocated.

Chapter Nine
Final Provisions

Article 53
The General Assembly’s decision to amend the association’s bylaws shall not be effective until it is registered in the register maintained for this purpose at the Ministry of Labor and Social Affairs and published in the Official Gazette.

Article 54
The Association may appoint employees or workers to work permanently or temporarily at the Association’s headquarters. They shall be paid their wages or bonuses in accordance with the Board of Directors’ decisions and within the limits set by the Association’s financial regulations, in accordance with the provisions of the Private Sector Labor Law promulgated by Decree-Law No. (23) of 1976 and its amendments.

Article 55
The Association shall be obligated to amend these bylaws in accordance with any future legislation or amendments to applicable legislation pertaining to social and cultural associations and clubs subject to the supervision of the Ministry of Labor and Social Affairs.

Article 56
If any ambiguity or vagueness arises in the interpretation of any provision of these bylaws, the Board of Directors shall refer to the Ministry of Labor and Social Affairs for interpretation and clarification.