Decreto Legislativo Regional n.º 51/2006/A, de 12 de Dezembro de 2006
Decreto Legislativo Regional n.o 51/2006/A
Regime do reconhecimento de fundaçóes com sede na Regiáo Autónoma dos Açores
A constituiçáo de fundaçóes na Regiáo Autónoma dos Açores como em outros lugares assume um papel importante na vida cultural, social, económica e institucional, colmatando necessidades colectivas e sectoriais normalmente associadas ao interesse público.
Nos Açores assume utilidade legislar sobre a competência do governo regional no processo de reconhe-
8342 cimento da constituiçáo de fundaçóes obviando, aliás, a tradicionais e injustificadas demoras que se têm vindo a verificar no exercício dessas funçóes pela administraçáo central.
Acresce que, sendo o reconhecimento uma concessáo individual de cariz administrativo, que se traduz na atribuiçáo de personalidade jurídica à pessoa colectiva, deve tal competência ser exercida ao nível dos poderes autonómicos.
Assim, a Assembleia Legislativa da Regiáo Autónoma dos Açores decreta, nos termos da alínea a) do n.o 1
do artigo 227.o da Constituiçáo da República Portuguesa, e da alínea c) do n.o 1 do artigo 31.o do Estatuto Político-Administrativo da Regiáo Autónoma dos Açores, o seguinte:
Artigo 1.o
Reconhecimento de fundaçóes
1 - Compete ao Presidente do Governo Regional o reconhecimento das fundaçóes com sede na Regiáo Autónoma dos Açores, nos termos e para os efeitos dos artigos 158.o, n.o 2, e 188.o do Código Civil, independentemente dos fins que prossigam.
2 - A competência referida no número anterior pode ser delegada nos termos gerais.
Artigo 2.o
Processo
1 - O pedido de reconhecimento é dirigido pelo instituidor, seus herdeiros ou executores testamentários ao Presidente do Governo Regional.
2 - Compete aos serviços da Presidência a instruçáo de todo o processo de reconhecimento das...
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