GOTHA PRIVE STATUTE – Association Fenalc
CONSTITUTION AND AIMS
Article 1 – E ‘constituted with headquarters in Via Trevisago 40, Manerba del Garda (BS) an association which took the name GOTHA PRIVE – Fenalc Association. It is an unrecognized association pursuant to Art. 36 and following of the Civil Code and has the nature of social promotion association in accordance with law 383/2000 and its associated body as regulated by art. 5 of Legislative Decree no. 460/97 and subsequent additions and amendments. The association may establish branches and to carry out their activities, even outside of its registered office. The association, while maintaining its financial and organizational autonomy, can join other associations and charitable purposes to organizations approved by the Ministry of the Interior to adopt the card as a membership card.
Article 2 – The Association is guided by the principles of free association and pursues non-profit and in favor of its members, the development of recreational, cultural and sporting activities that promote social and inter personal relationships exchanges.
In particular, the association promotes the following activities: dance, music, socio-cultural animation, show, various crafts, food, recreational activities, sports, recreation which, by way of example, electronic games and parlor. It will also be promoted all other business in line with recreational purposes and were deemed suitable by governing bodies to meet the recreational and cultural needs of the members.
The association also can:
-Participate to all the initiatives organized by organizations, institutions and associations who want to join;
-manage, complementary to the institutional activities and for the exclusive benefit of its members, a delivery service of food and beverages and promotional material shop at the premises of its activities and organize and tourist trips;
-porre existing commercial activities in a non-prevalent and compatible with the nature of non-commercial entity.
The Association has a pacifist nature, and therefore is opposed to violence as an abuse on the liberties of others and as a criminal act towards nature.
The Association fights drug use as a social evil, declaring that will report to the competent authorities, and turn away any who use it.
The Association rejects and fights the phenomenon of prostitution and exploitation or aiding and abetting the same, in any form is the same explicit, and prohibits mandatory to its members to demand or request or otherwise accept the remuneration, gifts or other benefits by the or with other shareholders, for their participation in the games or entertainment involving the sphere of their own sexuality.
The violation of the prohibition referred to in a coma, will result in immediate expulsion of the member who has been guilty of such a breach, as well as the necessary reports to the competent authorities
The SOCIArticolo 3 – The member is one who adheres to the association’s goals, helps to achieve the one who participates in the institutional activity, with no time limits in community life. The number of members is unlimited. The association can join all citizens, regardless of sex, age, race, religion, nationality, (for foreigners in compliance with the Italian laws for immigration) or other and that you recognize the objectives pursued by the association. Members have the right to participate in all event and held by the Association, within the time and manner established by the governing bodies.
Article 4 – Make up the vote and to stand all adult members, in good standing with the payment for the shares.
Article 5 – In order to be admitted to membership must submit an application to the Executive Council, or Officer delegated by him, with observance of the following ways:
Submit a copy of the document, show the personal data required for the compilation of the membership card and any other data set by the governing bodies;
declare to abide by this Constitution and the decisions of governing bodies;
pay any membership fee established by the Board.
The applicant has acquired membership status at the time of acceptance of the application by the Executive Director or a delegate of the same, the payment of membership fee, enrollment on the register of shareholders; and he is entitled to immediately receive the membership card. The Executive will ratify in the first meeting. If the sell application rejected the applicant may file an appeal on which a decision on first instance the Board of Directors and definitively the Ordinary General Meeting, in its first call. New members will be entered into the shareholders’ register, kept in free form and also mechanographical.
Article 6 – Members are required:
the payment of fees;
the observance of the Statute, any internal regulations and resolutions taken of the governing bodies.
Article 7 – It ‘excluded the temporary participation in community life. It falls from member status only for voluntary non-renewal of annual membership card, resignation, expulsion or radiation. Members can be expelled or struck off for the following reasons:
not comply with the provisions of this statute, internal regulations or the social deliberations;
they become delinquent in the payment of dues without good reason;
adversely in any way, moral or material damage to the association.
The expulsions and radiation are decided by the Executive Council by an absolute majority of its members. Against such measures may be challenged on which to pronounce definitively the Ordinary Shareholders’ Meeting, in its first call.
BODIES OF THE ASSOCIATION
Article 8 – The bodies are democratically elected. They are:
the Shareholders’ Meeting, the Board of Directors, the President and the College of Auditors.
Article 9 – For the operation of particular functions and services by the shareholders in favor of the association, may be provided by the Executive Council the granting of reimbursements or payments, in the manner prescribed by applicable laws and in accordance with nature association non-profit organization.
Article 10 – The General Meeting is the sovereign body. The Shareholders’ Meeting may be Ordinary or Extraordinary. L and Assemblies may be convened or by letter at the shareholders as indicated by the Members of the Association Book, at least 8 (eight) days before the date, or by posting on the premises of the office of the meeting venue. The summons must remain visible during the 20 days preceding the date. In both cases, the meeting shall specify the date, place, time and topics on the agenda of the meeting.
Article 11 – The General Assembly is convened every year in the period that goes from 31 December to 30 April the following year, subject to other provisions of the law. For exceptional reasons, it is the faculty of the Board of Directors to convene the Ordinary General Meeting after this deadline.
It: – approves the general guidelines of the program of activities for the fiscal year;
approves budgets or financial economic report each year;
elects the Board of Directors;
It decides on statutory amendments, the remedies provided by art. 5 (not socio admission) and 7 (Expulsion and socio radiation) of the present statute.
Article 12 – The Extraordinary General Meeting is convened:
whenever the Board deems it necessary;
When, they make a reasoned request at least 2/5 (two-fifths) of the shareholders.
The Assembly must take place within the next month to what is required.
Article 13 – In the first convening the Assembly, both ordinary and extraordinary, is regularly constituted with the presence of half plus one of eligible voters. In the second convening the Assembly, both ordinary and extraordinary, and regularly constituted whatever the number of participants. The Assembly deliberates validly absolute majority of votes of those present on all issues on the agenda, except in cases in which there is a different majority. The second meeting may be half an hour after the first. Each shareholder of age is entitled to one vote. Minors Shareholders may be represented, without voting rights, by the person exercising parental authority. proxies are allowed not written for the year voting. Voting will be by show of hands or by secret ballot.
Article 14 – To deliberate on amendments to the statutes, on the dissolution or liquidation of the association, it is essential that at least 50% of the members and the favorable vote of 3/5 (three-fifths) of the present.
Article 15- The Meeting, both ordinary and extraordinary, is chaired by the President or his delegate. The resolutions adopted shall be recorded in a minute book by the secretary appointed by the Assembly.
Article 16 – The Board of Directors consists of a minimum of three directors elected by its members and remains in office for four years. The directors are re-elected.
Article 17 – The Board of Directors elects the President and establish the responsibilities of the other directors regarding the activity carried out. And ‘it recognized the Governing Council the power to replace members who resigned, and to co-opt other members up to a maximum of 1/3 (one third) of its duly elected members, subject to ratification by the Shareholders’ Meeting in its first ordinary meeting .
Article 18 – The Board of Directors shall meet whenever it deems it necessary, the President, or request them one third of the directors. In the absence of the Chairman of the meeting will be chaired by another director appointed by him. The meetings of the Board shall be recorded in the appropriate Book of Minutes of the Board, by a secretary chosen by the President from among the present.
Article 19 – Duties of the Executive Council are:
draw up programs of social activity prescribed by the statutes on the basis of the guidelines approved by the Assembly;
approve budgets to be submitted to the General Meeting;
build your projects for the commitment of the remaining budget to be submitted to the General Meeting;
fix the fees;
formulate any rules of procedure for approval by the General Meeting;
resolve in the first instance on the admission, suspension, radiation and the expulsion of members;
encourage the participation of members in the association’s activities.
Article 20 – The President has the legal representation and signature. He enters into all the acts and contracts of any kind relating to corporate operations. And ‘her care to prepare the financial statements. In case of absence or incapacity of the President all about him routine duties belong to another so charged Councilman. President decays with the decay of the Executive Council, by resignation, loss of membership status and by the will of the Board.
Article 21 The Board of Auditors and of Arbitrators. The Shareholders’ Meeting may resolve circus the possible establishment of a Board of Auditors where the factual circumstances and / or the law so require. It consists of three members and two alternates, which, in plenary session, shall elect from among its members, the President.
The Board shall meet, as convened by its Chairman, with the rules and constraints imposed by current legislation, with regard to trade union activities; upon activation of the members, for the internal justice functions. The Board, for the exercise of its functions, is self regulating.
THE ASSETS AND THE BUDGET
Article 22 – The share capital is indivisible and consists of:
from movable assets and real estate property of the Association;
by contributions, disbursement and other legacies
the sums paid by members (dues, tuition fees etc.).
from the reserve fund.
Article 23 – The sums paid by way of social fees are not refundable under any circumstances.
The shares are intrasmissibili and non-profits.
Article 24 – The financial statements include the financial year from 1 January to 31 December of each year and must be submitted to the Assembly by 30 April of the following year, subject to the provisions of art. 11 of this Statute. The drawing up the budget rules are delegated to regulation in art. 27 of these statutes and the applicable laws.
Article 25 – The budget surplus will be donated as follows:
to the reserve fund;
for recreation, welfare, cultural, sports;
for modernization of equipment and for new plants.
And ‘done prohibition to distribute, even indirectly, profits or operating surpluses as well as funds during the life, unless the destination or distribution is imposed by law.
Article 26 – The association’s activities are financed by:
The attendance fee;
any income from the management of services for members, including the administration of food and drink on the occasion of the activities organized by the association, the management of shops and travel arrangements and tourist trips.
The association may also resort to the claim against third parties and their members. The shareholder who assumes the authority of sovventore for the amounts that eventually give in loan association, will eventually be paid with a low interest of not more than 4 points to the official discount rate.
DURATION AND TERMINATION OF THE ASSOCIATION
Article 27 – The duration of the association is unlimited. The Assembly decides with the majority provided for in Article. 14 of these Statutes, to dissolve and on the appointment of the company’s assets, minus liabilities, for one or more purposes set out in this statute, alternatively about assigning it to one or more organizations with charitable purposes, having heard the opinion of any organization of which art control. 190 paragraph 3 of Law no. 662/1996. to this end, the Assembly shall appoint one or more liquidators.
THE RULES AND REFERENCE
Article 28 – Special rules and operation and execution of this Statute will be arranged by rules of procedure to be elaborated by the Executive Board with the approval of the Shareholders.
Article 29 – For anything not contained in the present Charter, the rules described in the Statute of the National franchisor, or in the alternative, reference should be made to the laws and to the general principles of the legal Italian and European Union.
This Statute was approved by the shareholders of the promoters in the session of February 1, 2016 took place in Via Trevisago 40, Manerba del Garda (BS)
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