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ASSOCIATION
Meaning: a formal organization of people or groups of people

A group of persons who share common interests or a common purpose and who are organized with varying degrees of formality compare corporation
[- Corporation = A business organization owned by a group of stockholders, each of whom enjoys limited liability (that is, each can be held responsible for losses only up to the limit of his or her investment). A corporation has the ability to raise capital by selling stock to the public.

CHAMBERS
Meaning: an association of businessmen to protect and promote business interests

Chambers of Commerce are business advocacy groups which are usually not associated with government. Chambers of commerce can also include economic development groups, as well as tourism and visitors bureaus. There are basically two models worldwide, 'compulsory' or 'continental', those which companies of a certain area are obliged to belong to. This happens in most countries of EU (France, Germany, Italy, Spain). Their main tasks are Foreign Trade Promotion, Training and General Services to companies. They also have a consultative function. This means that Administration must consult chambers whenever a new law related industry or commerce is proposed.

CONSORTIUM
Meaning: Consortium is a word that comes from the Latin consortium meaning association or society, from the word consors meaning owner of means or comrade.

The word refers to a temporary collaboration to perform a certain task or to provide a specific service or product more efficiently. A consortium is an association of two or more individuals, companies, universities, or governments (or any combination of these entities) with the objective of participating in a common activity or pooling their resources for achieving a common goal. Each participant retains its separate legal status and thus, the consortium's control over each participant is generally limited to activities involving the joint endeavor, particularly the division of profits.

A consortium is formed by contract, which delineates the rights and obligations of each member. Consortia are more common in the non profit sector

A Council is a group of people who usually possess some powers of governance.

Types and forms of entities acceptable as Export Councils

The structure of an Export Council should allow for open membership to all manufacturers and exporters in a specific industrial sector. Furthermore, the form of the Export Council should ensure prudent financial and management control, as required in terms of the EMIA scheme.

In view of the above, Associations Not for Gain (Section 21) are preferred by the DTI as forms or types of entities for the formation of Export Councils. Other forms or types of entities are not desirable. This includes Private Companies (membership is limited to 50 and it is profit oriented), Closed Corporations, (its membership is limited to 10) and Associations (no financial control).

FEDERATION
Meaning: an organization formed by merging several groups or parties

Federations usually exhibit a single, two-tier structure of government across an entire jurisdiction. Exceptions may occur in which certain parts of the federation are under more direct control of the federal government. A federation often emerges from an initial agreement between a number of separate states to come together in order to solve mutual problems, or provide for mutual defence.

An organisation, such as a trade union, company or NGO, with a structure analogous to that of a political federation. Federations may be multi-ethnic, or cover a large area of territory, although neither is necessarily the case.

A guild is an association of people of the same trade or pursuits, formed to protect mutual interests and maintain standards of morality or conduct. Historically they were small business associations, since each crafter was a self-employed individual artisan or part of a small craft shop or co-operative. They exist in modern and medieval incarnations, both of which are discussed in this article. One's view of guilds tends to be heavily colored by one's view of political economy, since the whole history of trade, technology, intellectual property, regulated professions, social security, and professional ethics are entwined with the history of the guilds in Europe.

INSTITUTE
Meaning: an association organized to promote art or science or education Institute

An institute is a permanent organizational body created for a certain purpose. Usually it is a research organization created to perform investigations in a certain area.

Institutions are organizations, or mechanisms of social structure, governing the behavior of two or more individuals. Institutions are identified with a social purpose and permanence, transcending individual human lives and intentions, and with the making and enforcing of rules governing human behavior. As structures and mechanisms of social order among humans, institutions are one of the principal objects of study in the social sciences, including sociology, political science and economics. Institutions are a central concern for law, the formal regime for political rule-making and enforcement.

Although individual, formal organizations, commonly identified as "institutions," may be deliberately and intentionally created by people, the development and functioning of institutions in society in general may be regarded as an instance of emergence; that is, institutions arise, develop and function in a pattern of social self-organization, which goes beyond the conscious intentions of the individual humans involved.

SOCIETY
Meaning: an extended social group having a distinctive cultural and economic organization - a formal association of people with similar interests

A society is a group of human beings distinguishable from other groups by mutual interests, characteristic relationships, shared institutions and a common culture.

The title "society" is most common in commerce, in which a partnership between investors to start a business is usually called a "society".

A combination of businesses closely interconnected for common profit: cartel, syndicate.

A horizontal trust is a combination of corporations engaged in the same line of business. A vertical trust is an organization that controls all or part of a series of operations extending from the procuring of the raw materials to the retailing of the finished products.

A combination of firms or corporations for the purpose of reducing competition and controlling prices throughout a business or industry. Trusts are generally prohibited or restricted by antitrust legislation.

A combination of firms or corporations formed by an agreement establishing a trust whereby shareholders in the separate corporations exchange their shares for shares representing proportionate interest in the principal and income of the combination and surrender to the trustees the management and operation of the combined firms or corporations.

According to the Companies Act, "Any association for any lawful purpose having the main object of promoting communal or group interests to which it intends to apply its profits or other income in promoting its main object, prohibits the payment of any dividend to its members and complies with the other provision of this section, may be incorporated as a company limited by guarantee".

The memorandum of such an association must comply with the requirements of the Act. In addition the income and property of the association must be applied solely towards the promotion of the main object. No portion of it may be paid, directly or indirectly transferred by any means to its members or to its holding or subsidiary companies, provided the forgoing may not prevent the payment in good faith of reasonable remuneration to any officer, servant or member of the association, in return for services actually rendered to the association.

Upon winding up, de-registration or dissolution of the association, any surplus of assets over liabilities must be given or transferred to some other institution, having the same or similar objectives as the main object of the original association.

According to the Companies Act, "Private Company" means a company having a share capital which by its articles:

The major limitations of a Private Company as a form for an Export Council are, that the number of members is limited to fifty (50) and it is gain oriented.

The provisions of subsection (1) shall not apply with reference to the formation by persons qualified to carry on any organized professions which are designated by the Minister by notice in the Gazette, of any association, syndicate or partnership for the purpose of carrying on such professions and/or any combinations of such professions.

These are companies that are registered to provide services and do not intend to make, or to be judged by, the profits that they make. Most of the NGO's (Non Government Organisations) religious and charity organisations fall into this category. Generally they provide services to various "communities" such as children's feeding schemes, organisations that take care of AIDS orphans, religious organisations etc. Whatever monies that they make after paying their operating expenses, are used to expand their services. These "Companies Not for Gain" are often funded by donations and foreign funding.
These Companies are registered in terms of Section 21 of the Companies Act and are often referred to as "Section 21 Companies". A Section 21 company must have a minimum of 7 members and at least 2 directors.
Due to the complexity of the compilation of the Memorandum and Articles of a Company, the services of a legal practitioner should be used in the preparation of the documentation. Furthermore the memorandum and articles must be certified by a notorial legal practitioner.
Note: A Company Not For Gain is also referred to as an "Association Incorporated under Section 21"
The documentation for the registration of a "Company not for Gain" (Section 21 Company is as follows:

The following documents will make up the Memorandum and Articles of Association: