STATUTE OF THE ASSOCIATION FOR SOCIAL PROMOTION ITALIA - MOLDOVA

CONSTITUTION - DENOMINATION - OFFICIAL RESIDENCE

Art.1
Constituted with residence in Besozzo (VA), Via Premunera 17 the voluntary association is denominated:
“Association for the social promotion Italia-Moldova” conform to the dispositions of law nr 266/91.
The association “association for the social promotion Italia-Moldova” consequently called abbreviated only association has no profit motivation and exclusively pursues the scope of social solidarity.
Secondary residences and representative offices can be established in Italy as well as in foreign countries.

PURPOSE

Art 2
The association is directed towards solidarity with miserable children in the Republic of Moldova.
The association is directed towards solidary voluntary service and social and humanitarian cooperation between Italy and the Republic of Moldova. The association’s primary objective is the distribution and the support of aid projects for children through distant adoption.
For the persecution of this aim the association can collaborate with other organisations that share the same objectives and methods and with public and private authorities in order to achieve the statutory purpose.

AIMS


Art.3
The aims of the association are:

  1. To promote and to distribute the project of distant adoption in favour of Moldovan minors in the whole national territory.
  2. To contribute independently or in agreement with authorities, national and supranational institutions, associations and societies to the social, sanitary, cultural and economic development of the Republic of Moldova.
  3. To propagate manifestations and initiatives of cultural character in the whole national territory like conferences, fairs, exhibitions of handicraft and specific Moldovan products.

The association can engage in activities for cooperation. For achieving its institutional aims it might produce and print periodic and non-periodic publications respecting the rules in this concern.
Any financial revenue of the association also deriving from marginal commercial activities or any other kind of financing has to be dedicated to the institutional purposes.

ASSOCIATES


Art 4
Everybody who recognises the statutory purpose and who wants to contribute to its realisation by offering a part of his/her leisure time for free may become an associate. The ongoing membership is dependent on the payment of the annual membership fee which is defined by the assembly.
The request for admission as a member has to be presented to the Executive Board. The Board will decide on the approval or refusal of the request for admission.
The refusal of the request for admission has to be communicated in written form to the applicant, specifying the reasons for the decision. In this case the applicant may present an appeal to the assembly within thirty days. The assembly will deal with this appeal during its next meeting.

RIGHTS AND DUTIES OF MEMBERS


Art 5
The members have the right to be informed on all activities and initiatives of the association, to participate with voting right in the assembly, to be elected for corporate functions and to carry out the commonly agreed work.
Members have the right to resign from the association by written notice at least 8 days in advance.
Members have the duty to respect and to make respected the statutory rules and regulations.
All services offered by members are for free except potential reimbursements for authorised expenses.

Art 6
The membership expires:
a) by tardiness
b) upon presentation of a written notice of termination
c) by exclusion
Exclusion follows disciplinary offences and/or repeated incorrect behaviour violating the statutory norms and/or the internal regulation or long unjustified periods of inactivity. 
The loss of membership in case a), b) and c) is decided by the Executive Board; the Board's resolution of exclusion has to be ratified by the next following assembly. The excluded member may appeal against this measure to the assembly within 30 days.

Art 7
Everybody who shares the ideals and contributes economically according defined terms may become a supporting member.
Supporting members do not have active or passive voting rights, but have the right to be informed on the initiatives that are performed by the association.

CORPORATE ORGANS AND ELIGIBLE FUNCTIONS


Art 8
The organs of the association are:

  1. the assembly of members
  2. the Executive Board
  3. the President
  4. the Council of Controllers

All corporate functions are eligible and free of charge; the mandataries for the corporate organs do not receive any salary or compensation, only reimbursement of expenses in relation to their task and authorised by the Executive Board.

Art 9
The assembly is the sovereign organ and composed of all members. It is chaired by the president and called by him at least once a year (till April, 30th) for the approval of the statement of accounts/balance, each time the Council deems it necessary or if at least a tenth of the members have made a justified request.
For the convocation of the assembly the Executive Board convenes and decides on the date and time of the first call and the date and time of the second call that has to be at least one day after the first one.
The assembly, ordinary as well as extraordinary, is called by a non registered letter to all members, also those suspended or excluded who are waiting for the final judgement by the assembly, at least 15 days before the planned date.
The notice must specify the day, the time and the place of the assembly and the agenda with the issues that will be discussed.
The assembly can be constituted ordinary and extraordinary. 

Art 10
The ordinary assembly is valid if at least half of the members are present, either personally or by delegation to another member, while the decisions taken in the second convocation are valid independently of the number of members present.
The decisions of the ordinary assembly are taken by the majority of votes.
For resolutions regarding the approval of the balance and concerning their responsibility administrators have no voting right. Voting is done usually by lifting the arm. The elections for corporate functions are done by secret ballots.
The decisions are executed immediately and have to appear together with a summary of discussions in a report of the meeting signed by the president and the secretary of the assembly.  

Art 11
The ordinary assembly has the following tasks:
            Discusses and approves the budget and balance
            Defines the programme of annual activities
            Nominates the administrators and other eligible functions deciding already beforehand      
                             the necessary number of members.
            Nominates and recalls the president and vice-president
            Defines the amount of the membership fee and the deadline for its payment
            Discusses and approves the internal rules of procedure proposed by       
                                 the Executive Board 
            Decision-making on the responsibility of the administrators
            Decides on the expiry of membership accordingly 
            Discusses and decides all arguments listed in the agenda.

Art 12
The extraordinary assembly decides on modifications of the statute, the dissolution of the association and the transfer of funds.
For modifications of the statute the extraordinary assembly decides in the presence of at least three quarters of the members and with a positive vote of the majority of present people; for the dissolution of the assembly and the transfer of funds the extraordinary assembly decides with the positive vote of at least three quarters of its members.
Delegations are admitted. Each member can hold two delegations at most.

EXECUTIVE BOARD


Art 13
The Executive Board is composed of minimal 5 and maximal 7 members, including the president and vice-president, who are nominated by the assembly; the mandate is valid for three accounting years and the members can be re-elected.
The Executive Board is called by the president each time there is some matter to decide, upon a written request with agenda made by at least the half of councillors or by the Council of Controllers.
The call is made by a notice posted in the official residence at least 7 days before the meeting.
The meetings are valid in the presence of the majority of councillors.
Decisions are taken by absolute majority of present people. Ballots are open except for nominations or whenever concerning persons.

Art 14
The Executive Board is endowed with maximum power for the management of the association: it executes all acts that are necessary to realise the programmed activities except those which are under the responsibility of the assembly according to law or the statute.
In detail:
            Nomination of the treasurer
            All acts of ordinary and extraordinary administration
            Execution of the assembly’s decision
            Presents the annual activity programme to the assembly
            Presents annually to the assembly for approval: the summary report, the economic and        
                         financial report of the last accounting year, specifying assets, liabilities,  
                         revenues and expenses for terms and ledgers, as well as the budget for the   
                         current year.
            Decision on general and specific procurements
            Employs and dismisses workers and fixes tasks, qualifications and remunerations.
            Proposes to the assembly the internal rules and regulations of the association and the       
                        corporative organs
            Receives, accepts or refuses the requests for new memberships
            Ratifies or refuses urgent measures taken by the president/the presidency 
            Decides on the exclusion of members
            At the beginning of each session the president nominates a secretary. The Executive   
                           Board meets at least three times per year upon written call by the president

Art 15
In case one or more administrators are irreversibly missing the Executive Board provides the replacement from the list of precedence of non-elected.
In case this is expired additional elections for the substitution of the members are indicated.

THE PRESIDENT

Art 16
The president is the legal representative of the association and may use the corporate signature. He has the same period of office as the Executive Board. He is authorised to take payments of any kind and under any title and to issue payment vouchers.
He may nominate advocates and attorneys in disputes regarding the association before any juridical or administrative authority in any degree or judgement.   
He may delegate part of his power to other councillors or members with general or specific authorisation. In case of absence or personal incapability his tasks are executed by the vice-president by proxy.
In case of objective necessity he may take urgent measures which have to be ratified by the Executive Board. If the Executive Board does not ratify these measures for valid reasons the president himself is responsible for those.
 

THE PRESIDENCY

Art 17
The presidency is constituted by the president and two vice-presidents, the treasurer and the secretary. It is responsible for the execution of the decisions of the Executive Board. In case of urgency it may take the power of the Executive Board, which has to be ratified at the first possible meeting.      

THE TREASURE

Art 18
The treasurer is responsible for the administrative and financial management of the association and the keeping of account books. He takes care of the balance and the budget,     
based on the decisions of the Executive Board.
According to the entrusted tasks the treasurer is authorised to deal with banks and post offices, including the possibility to open and close bank accounts, to sign and cash checks, to take out money and to execute any action that is associated with tasks entrusted to him by the statutory organs.

THE COUNCIL OF CONTROLLERS

Art 19
The Council of Controllers is the administrative and financial control organ.
It is composed of three effective members and two substitutes which are nominated by the assembly of members from persons with proved competencies and professionalism, which need not necessarily, be members of the association. The mandate for the council remains valid for three accounting years, the same period as the Executive Board. The Council of Controllers verifies at least every three months the correct accountancy and the cash of the association. It verifies the budget and the balance and presents a written report in this concern to the assembly.
The Council of Controllers writes minutes of its meetings which are recorded in a book designed for this purpose.

FUNDS,ACCOUNTING YEAR AND BALANCE

Art 20
The term of office is from January 1st to December 31st of each year.

Art 21
The income of the association consists of:

  1. membership fees and contributions by sympathisants
  2. contributions by privates, the state, authorities, international organisations, public institutions, that are directed towards the support of specific and documented activities and projects.
  3. Donations and heritages.
  4. Compensations deriving from conventions.
  5. Inputs derived form eventual commercial activities and marginal productivities.
  6. Any other income under any title is attributed to the association

Art 22
The funds are composed of:

  1. mobile and immobile assets
  2. stocks, obligations and other public and private bonds
  3. donations and heritages
  4. other accruals and cash disponibility 

The funds have to be used according to valid law in the most useful way for the scope of the association.
The membership fee is not transferable. In case of demission, excluding the death of a member, the membership fee remains property of the association.

DISSOLUTION OF THE ASSOCIATION AND TRANSFER OF FUNDS

Art 23
The dissolution of the association is decided by the extraordinary assembly according to art 12 of the statute.
In case of dissolution the funds of the association minus the liabilities will be transferred to another voluntary organisation that works in an identical or similar sector.
In no case the cash, earnings and reserves can be distributed among the members.
Art 24
The present statute has to be considered as fundamental to the association. For any issue not explicitly mentioned reference to the corresponding legislative dispositions is made.
For the next three years the tasks will be divided as follows:

Presidente: Gianluca del Marco
Vice-presidente: Luca Bordini, Mario Binda
Treasurer: Valeria Gabardi
Secretary: Pia Bellomo

Besozzo, November 20th, 2002

 

 

 

 

 

 
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