Statute
Child Support Association Statute Download pdf
CHILD SUPPORT ASSOCIATION
NON-PROFIT ASSOCIATION
[STATUTE]
Adopted at a Constituent Meeting held on 05.11.2016 in the city of Sofia
We,
The founders of ‘CHILD SUPPORT ASSOCIATION’,
While recognizing the need of improving the quality of children’s life and supporting their families under the conditions of an economic, social and demographic crisis, with collapsing values and culture,
Being aware of the need to ensure equal rights and opportunities for a dignified and full-value life of children living in absolute powerty, of children at risk, children living in extremely unfavourable conditions, children without parents,
Proceeding from the desire to provide opportunities for development and realization at national and world level of gifted children, children with special knowledge and abilities and the talented children,
Guided by the creed that children are the supreme cause and the future of the nation and that their development is the responsibility of each of us and of the society as a while,
Being aware that childhood is more than a broad term applied to human beings passing the phase of development between birth, puberty and adulthood, and also that childhood is a condition of the heart, allowing people dedicated to this cause to work not only for children who have special needs for support – disadvantaged children, children in social blind alley and children exposed to violence and crime, but also for all children who need a helping hand and support to develop themselves and bring fame to Bulgaria,
United by our will to actively contribute to this process, by devoting our skills, knowledge and efforts to protect the rights of children and their highest interest and in order to create effectively working mechanisms at national and interinstitutional, central and local level in the country and abroad – independently and in cooperation with other non-government organizations, states and local bodies and institutions,
We established these rules of procedure systematized in the Association Statute adopted by the General Meeting of the Association, in conformity with the explicit provisions of the Non-Profit Legal Entities Act, as follows:
Chapter One
GENERAL PROVISIONS. STATUS. NAME AND SEAT
Art. 1. The ‘CHILD SUPPORT ASSOCIATION’ society is a voluntary, independent, non-political civil association of Bulgarian and foreign persons established in accordance with the provisions of the Non-Profit Legal Entities Act, this Statute and the Resolution of the Constituent Meeting.
Art. 2. (1) The Association shall be a legal entity separate from its members and it is liable for its undertakings with its property.
(2). Association members shall not be liable for any obligations of the association.
(3). The members shall not be liable for paying in the due membership fees.
Art. 3. (1) The name of the association shall be ‘CHILD SUPPORT ASSOCIATION’ (CSA).
(2) The name of the association, together with an indication about its seat, address, the court by which the association was registered and the number of its court registration and UIC shall be indicated in the correspondence documents of the association.
(3) The association may set up branches on the territory of the Republic of Bulgaria and abroad, and for such purpose the indication ‘branch’ shall be added to the name of the association and the inhabited place where the branch seat is. When entering an association branch abroad, besides the name of the branch, also registered shall be the purposes to be pursued thereby, as well as the type of activity that will be realized by it – for public benefit or for private purposes.
Art. 4. The seat and the address of management of the association shall be: city of Stara Zagora, 211 Sveta Troitsa Str., apt. 2.
Art. 5. This association shall not be limited by a term or another resolutive condition.
Art. 6. This association shall realize its activity for public benefit.
Chapter Two
OBJECTS OF ACTIVITY, PURPOSES OF THE ASSOCIATION AND MEANS OF THEIR ACHIEVEMENT
Art. 7. This Association shall have the following objects of activity and purposes:
1. To unite the efforts towards improvement of the legislation in the Republic of Bulgaria related to the rights of children and raising the quality of their life within the principles of freedom, personal dignity and non-discrimination by encouraging their participation in educational, sport, art and other activities developing the child’s personality;
2. To initiate legislative changes aimed at synchronizing and harmonizing Bulgarian legislation that regulates the rights of children and their families with the Convention on the Rights of the Child, other community and international contracts, acts and practices, at pursuing active dialogue and at exercising public control over the activity and acts of national bodies;
3. To work proactively by directing all efforts to promote the fundamental rights of children maintained in the Convention on the Rights of the Child and the national legislation as fundamental pillars of civil society and the rule of law;
4. To work towards ensuring an equal access to quality education in a protected environment, contributing to the personal growth and harmonized development of every child;
5. To render support in the exercise of the rights of every child:
– disadvantaged children, disabled children and their families;
– children in social institutions;
– children deprived of parental care;
– children in conflict with the law;
– children – victims of violence, trafficking and crime or witnesses of crime;
– children with diseases;
– children living in extremely difficult or inhumane conditions;
– children subjected to degrading treatment and/or torture;
– children that are under any short-term or long-term risk whatsoever, endangering their life or health or prejudicial to their highest interest.
6. To assist and support disadvantaged families: single-parent families; families raising disabled children; families of educated parents with temporary unemployment and/or in financial difficulties; families of parents and children with disabilities and families living in extremely difficult conditions;
7. To work towards the equalization of rights of biological parents raising their disabled children, with the rights of foster parents taking care of disabled children;
8. To direct any efforts towards the development of international legal cooperation in the field of children’s rights, considering its fundamental importance in improving the living conditions of children;
9. To render assistance to each of the parents in the cases of international child abduction, while respecting the fundamental rights of children, according to the Convention on the Rights of the Child of 1989, Regulation (EC) No. 2201/2003 of the Council dated 27 November 2003 concerning jurisdiction and the recognition and enforcement of court judgments in matrimonial matters and the matters of parental responsibility, acting with regard to the effect for the EU member-states, and the Hague Convention on International Child Abduction 1980;
10. To assist and support gifted children and talented children and to provide assistance to these children and their parents in relation to their personal development from a very early age at national and international level;
11. While ensuring the compliance with the principle of protection of the essential interests of the children, to work for their personal development and improvement of their abilities and capacity in the highest possible extent;
12. Subject to ensuring the right of children to free expression and their own opinions, to work towards ensuring their participation in the social, cultural and sports life at national and international level;
13. To provide support, including by ensuring: legal, logistical, psychological and other advice by recognised specialists, to the children and their families in their participation in judicial and administrative proceedings and specialized spheres of public life;
14. To guide the efforts, by all means not proghibited by the law, towards improvement of the social policy of the state and in particular – on the issues of protecting the rights of children at risk and disadvantaged children, and to ensure a dignified life and opportunities for personal development and realization of children;
15. Other activities relative to the main objectives of the association.
Art. 8. The Association shall achieve its objectives by:
1. Participating in commissions – legislative, departmental, inquiry and other, interdepartmental working groups, advisory boards and other working formats within government and municipal authorities and institutions at local and national level, where it shall ensure and independently provide expertise on legal, social, psychological and other issues;
2. Organizing: congresses, seminars, conferences, round tables and other initiatives at national and international level with the participation of leading experts on the rights of children from different walks of life, on family law, psychologists, etc.;
3. Implementing projects officially financed at European and international level and aimed at synchronizing the Bulgarian legislation with international and European standards, legal systems, community and international law and to establish effective practices for real enjoyment of all recognized rights of the child;
4. Participating in projects of national and international partners in accordance with the relevant laws;
5. Providing, if possible, or assisting in the provision of funds for financing and supporting of gifted children and talented children in their participation in competitions, olympic games, various forums, training courses in the country and abroad;
6. Organizing training courses in schools to explain the children’s rights, human rights and non-discrimination;
7. Creating, also including, in implementation of European and international projects – day-care centers for disabled children and young disabled people, centers for public support, etc.;
8. Organizing and holding donor and charity campaigns to raise funds in support children at risk; disadvantaged children, gifted children and talented children;
9. Organizing and carrying out polls, surveys on the observance of the rights of children in Bulgaria and the activities of social services, the justice system and other national bodies supervising the implementation of the relevant regulations;
10. Working with children in schools and in extracurricular forms of training for the purpose of creating training habits and sensitivity to recognize the signs of abuse of children in schools, at home and on the street, as well as to become familiar with the means of confrontation and defence;
11. Working towards the creation of a single centralized body to handle the problems of children at risk, having relevant departments at regional and national level horizontally and vertically, maintaining constant contact with the relevant authorities;
12. Working towards the creation of a body that shall deliver justice for children, in order to make the rights and interests of children a priority and the highest interest of our society.
Chapter Three
PROPERTY AND FUNDS OF THE ASSOCIATION
Art. 9.(1) The Association shall have the following sources of funds:
1. Affiliation membership fee,
2. Annual membership fee,
3. Donations and last wills,
4. Sponsorship,
5. Proceeds from other admissible activities not representing a business activity.
(2) The Association may refuse to accept donations or last wills, made under conditions unacceptable for it or running counter the provisions of the applicable legislation and this Statute.
(3) The amount of the membership fee shall be fixed by the General Meeting and it may not be less than 20 (twenty) Levs per month. Payment of the membership fee shall be effected by bank transfer or at the administrative address of the Association.
(4) The amount of the affiliation membership fee shall be 50 (fifty) Levs.
(5) By a decision of the Management Board, any member or members of the association may be relieved of payment of membership fee and/or introductory fee. Such decision shall be justified.
(6) The Association may also finance itself from national, European and international programmes for implementation of projects in connection with fulfillment of concrete activities as envisaged for the achievement of its purposes.
(7) The property shall be managed by the Management Board which will also determine the methods of its administration in conformity with the purposes of the Association, the present Statute and the provisions of the applicable legislation.
(8) Alienation and burdening with encumbrances with respect to real estates property of the association, as well as taking of responsibilities shall only be done on the basis of a resolution of the General Meeting of the association.
(9) The Association shall not perform any business activity.
(10) The Association shall not distribute profits.
Art. 10.(1) Members of the managing bodies shall not be entitled to payment for the activities thereby performed in connection with their authorities and assigned functions. Entitled to such powers shall only be the employees appointed under labour or civil contracts in the association. Any payments made in this connection shall be certified by relevant financial-accounting documents, which are part of the flowchart of documents of the association.
(2) Exceptions from par. 1 shall only be allowed in the cases of participation of a member or members of a managing body of the association in a project under a programme funded by the Bulgarian Government, an official international body or the European Union, and in such events contracts shall be concluded under the procedure of the Obligations and Contracts Act and they shall be reported in conformity with the applicable legislation.
Chapter Four
BODIES OF THE ASSOCIATION
Art. 11. The Association shall have the following bodies:
1. The General Meeting;
2. a Management Board;
3. a Control Board;
4. a Special Board;
5. The President;
6. Vice Presidents.
Section I
GENERAL MEETING
Art. 12. The General Meeting shall be the supreme body of this association and it shall consist of all its members.
Art. 13. (1) The General Meeting may be a regular and an extraordinary one.
(2) A regular General Meeting shall be conducted at least once per a calendar year.
(3) An extraordinary meeting may be convened for pre-defined and pressing issues of organizational nature – envisaged in the Statute or of importance for attaining the objectives of this association.
Art. 14. (1) General Meetings shall be convened by the Management Board or at the request of 1/3 of the members of the association.
(2) If, within a term of one month, the Management Board fails to take any actions for convening a General Meeting in the existence of a request submitted in writing by 1/3 of the association members, such meeting shall be convened by the court per seat of the association.
(3) Such convening shall be done by way of an invitation published in the official site and posted at the place for announcements in the building in which the Management of the association is located.
(4) The invitation shall contain an agenda of the matters proposed for deliberation, the proposals for resolutions, the date, time and venue for conducting the General Meeting and at whose initiative it is convened.
(5) The time of publishing the announcement may not be less than 30 days before the General Meeting is opened.
Art. 15. All written materials in connection with the agenda of the General Meeting shall be made available to the members at the seat of the association until the date of publication or sending the invitation for General Meeting, at latest. They shall be provided to each member for free, upon request.
Art. 16. A list of the attending members or their representatives shall be prepared at the session of the General Meeting. Members and representatives shall certify their presence by signature and showing their ID. The list shall be authenticated by the President and the Secretary.
Art. 17. The General Meeting may sit where members representing more than half of the membership composition of the Association have appeared for participation. In the absence of quorum the meeting shall be adjourned by one hour for the same venue and the same agenda and it will be considered valid irrespective of the number of attending members.
Art. 18. (1) Every member at the General Meeting shall be entitled to one vote.
(2) One person may represent by proxy not more than five members of the association at General Meeting. Re-authorization in writing shall not be allowed.
Art. 19. No member of the association may take part in the voting where conflict of interests is at hand – of personal nature or with regard to any persons therewith associated.
Art. 20. The General Meeting may:
1. Amend and supplement the Statute of the association;
2. Transform and dissolve the association;
3. Admit and discharge members of the association and establish the honorary membership under Art. 34 and, for the purpose of operativeness, it may authorize with such powers the Management Board for the time between two meetings;
4. Select from among its members the composition of the Management Board and the Control Board and discharge them;
5. Review, adopt or reject the accounting reports of the Management and Control Boards;
6. Review and adopt the financial statements of the association and pass resolutions on the issue of liability of the financially liable and property accountable persons;
7. Review and adopt the annual reports on the activity of the association and pass resolutions concerning the administrative responsibility of the Management Board members;
8. On a proposal from the Management Board, adopt the budget of the Association for the next yearly period;
9. Review and adopt the internal statutory norms of the association;
10. Adopt an action plan for a period thereby fixed, also including the work on international projects, and the establishment of international cooperation with similar non-government entities;
11. Render assistance and may decide to help, including financially, members of the association who are in a difficult situation;
12. Take a stand on all other matters of its competence in conformity with the Non-profit Legal Entities Act and this Statute.
(2) Resolutions of the General Meeting shall be passed by a majority of the attending members.
(3) A majority of 2/3 of those attending shall be required for the resolutions under it. 1 and it. 2.
(3) Voting shall be open unless the General Meeting has passed a resolution for secret ballot.
Art. 21. (1) The General Meeting may not pass resolutions on matters not included in the agenda, unless when all members are present or are represented at the meeting and no one objects to have the issues thus raised to be set to deliberation. The will of the General Meeting shall be confirmed by way of vote.
(2) General Meeting resolutions shall come into effect immediately, unless a provision for deferred action is made in the resolution or if mandatory promulgation is envisaged in the law.
Art. 22. (1) Minutes of Meeting shall be kept for sessions of the General Meeting wherein the considerations made, the proposals tabled and the statements made, as well as resolutions passed, shall be reflected.
(2) Minutes of Meeting of General Meetings shall be signed by the President and the Secretary and kept safe in the archive of the association. Attached to the Minutes shall be a list of the attendees and the documents related to the convention of the General Meeting. Resolutions of the General Meeting may be published on the official electronic site of the association.
(3) Association members may make themselves familiar with the contents of the protocol books and may receive transcripts or extracts from Minutes of Meeting and their accompanying documents.
Section II
MANAGEMENT BOARD
Art. 23. (1) The Management Board /MB/ shall be the collective body of management of the Association and it shall consist of 13 (thirteen) persons, one of them being the president, two – vice presidents.
(2) All members of MB shall be elected by the General Meeting for a term of three years and they can be re-elected.
(3) Management Board members shall be of equal standing when passing the resolutions.
(4) They shall discharge of their duties in the interest of the company and keep its secrets during and for up to two years after their management powers are terminated, as well as not to disseminate information representing personal data and/or classified information that have come to their knowledge in connection of the functions thereby performed.
(4) The Management Board shall convene for regular sessions at least once in every three months in order to deliberate on the condition and development of the association. In case of need sessions shall also be held interactively by way of a conference or video call.
(5) Every member of MB may require from the President to convene a session for discussion of individual matters pressing for the management of the association.
(6) MB members shall submit their resignations before the General Meeting.
Art. 24. The Management Board shall have the following powers:
1. Ensuring the management and preservation of the property of the association and to dispose of it in observance of the requirements of this Statute and the applicable legislation;
2. Adopting an organizational-administrative structure, the procedure of personnel appointment and discharge, the salary rules and other internal of the association, and the rules of its work;
3. Making decisions for acquisition, alienation and encumbering of real estates and establishing of real rights thereon;
4. Preparing, coordinating and approving the job descriptions of the association administration;
5. Organizing the performance of association activity and making decisions on the appointment and discharge of the association Secretary from his/her position, as well as on the alteration of his/her employment relation on a proposal from the president;
6. Preparing, until the end of the month of February of every calendar year, an annual accounting report and a report on the activity of the association during the elapsed year and submitting them for review and approval by the General Meeting;
7. Preparing and submitting in General Meeting of the draft budget for the next one-year period;
8. Implementing the resolutions of the General Meeting;
9. Proposing at General Meeting the admission of new association members, of honorary members and cancellation of membership;
10. Admission of new members of the association as assigned by the General Meeting;
11. Appointing the liquidators in the event of association termination, save for the case of insolvency;
12. Making decisions concerning the opening and closure of bank accounts;
13. Making decisions regarding the participation in other organizations and presenting them before the General Meeting;
14. Making decisions regarding the participation of the association in international non-profit organizations;
15. Making decisions on the participation of the association in international seminars, congresses, conferences and other events;
16. Making decisions on the preparation, on behalf of the association, of reports on the functioning of the national judicial system, addressed to the respective bodies on European and international conventions, contracts and other acts to which the Republic of Bulgaria is party;
17. Making decisions on the application of the association for European and international programmes and projects and determining the project teams for each concrete project, also including for the attraction of external experts;
18. Adopting the main guidelines and programmes for association activity;
19. Tabling proposals to the General Meeting regarding changes in the amount of the membership fee in the association and in the address of management;
20. Fulfilling the tasks provided for in the Statute;
21. Making decisions on the conclusion of employment and civil contracts and fixing the remuneration there under;
22. Representing the association in the person of the president or ensuring procedural representation before court institutions and other jurisdictions;
23. Electing the members of the Special Board at the explicit proposal of the president;
24. Resolving all other issues, save for those of the exclusive competence of the General Meeting.
Art. 25. (1) MB sessions shall be valid if attended by at least two-thirds of its members – either in person or by proxy. Also attending shall be considered any person with whom there exists e bilateral telephone or other connection ensuring the establishment of his/her identity and allowing his/her participation in the discussion and making of decisions and in such event his/her voting shall attested to in the minutes with the signature of the person presiding the session.
(2) MB may also make decisions in absentia if all members are informed in advance and in writing of the agenda and the proposals on which the respective decision is voted and no one has objected to this. In this event the minutes for the decisions made, following its preparation by the Secretary, ought to be signed without observations by all MB members and this circumstance shall be attested to by the chairperson of the same body.
(3) MB decisions shall be made by simple majority of its members attending the session.
(4) Besides the cases under par. 1 MB shall make a decision by a majority of 2/3 of its members on:
1. A change in the activity of the association;
2. Changes in the organizational structure of the association;
3. The establishment of long-term cooperation with the association or on the termination of such cooperation where such request has been addressed to the association;
4. The disposal of property of the association;
5. A change in the seat and the address of management.
(5) With regard to actions undertaken or already undertaken urgently by a member or members of MB in discharge of their line functions, notification to the President shall be owed and in the cases per par. 4 – explicit approval by the Management Board.
Section III
SPECIAL BOARD
Art. 26. (1) Created on a proposal from the President by a decision of the Management Board shall be a Special Board which can be joined by natural or legal persons with respect to which there are special preconditions in relation to their competence, knowledge and expertise or with concrete positions and priorities determining their contribution in the realization of the association purposes, also including the provision of financing, in accordance with the national and European legislation.
(2) The mandate of Special Board members shall be equal to that of the Management Board and it can be renewed under the procedure envisaged in par. 1.
(3) Special Board members shall have the following powers:
1. Taking part in the sessions of the Management Board with at least two of them – on the principle of rotation – with a voting right;
2. Working for provision of financing for the association in compliance with the norms of the applicable national and European legislation;
3. Establishing contacts and working for ensuring the participation of internationally and nationally recognized persons from the social, public, financial sphere as honorary members,
4. Suggesting to the Management Board participation in international and national initiatives, including charitable ones connected with the realization of the purposes envisaged in the Statute;
5. Providing coordination and making Management Board members familiar with the activity of the honorary members and the events and initiatives organized at the national and international level.
Section IV
CONTROL BOARD
Art. 27. (1) In order to exercise control on the ongoing activity of the Management Board, as well as to report the overall activity of the association, the General Meeting shall elect a Control Board.
(2) The Control Board shall consist of 7 (seven) members and its mandate shall be 3 (three) years.
(3) After expiration of their mandate at least two of the members of the Control Board can be relieved of their duties and other members of the Association can be elected in their stead.
Art. 28. (1) The Control Board shall have the following powers:
1. Following for the perfection of the Association flow of documents by making inspections every six months of the current year on its main papers;
2. Exercising ongoing financial control on the financial operations performed by MB;
3. Preparing the six-monthly and annual reports on the inspections made and presenting them to MB and the General Meeting;
4. Requiring and organizing the performance of accounting and financial audits;
5. Its members may take part in the sessions of the Management Board with a voting right on matters essential for the financial activity of the association or for implementation of some of the main policies aimed at achieving its purposes.
(2) The Control Board shall hold regular sessions two times per year – at every 6 (six) months or extraordinary sessions, in case of need.
(3) Decisions of the Control Board shall be made by simple majority and in equality of its members.
(4) Control Board members shall discharge of their duties in the interest of the Association and keep its secrets during their mandate and up to three years after its expiration, as well as not to disseminate information representing personal data and/or classified information that have come to their knowledge in connection with the functions thereby performed.
(5) The Control Board shall prepare and present before MB and the General Meeting a report on its overall activity at the end of its mandate.
Section V
MANAGEMENT OF THE MANAGEMENT BOARD
Art. 29. (1) The MB President shall organize its overall activity, represent it before the social and public bodies in the country and abroad and before the International and European non-governmental organization, including those of which the association is a collective member and exercises employer functions on his/her behalf. He/she may authorize a lawyer to realize representation for the association before judicial and administrative bodies, with the powers and the term of the established representative authority being explicitly defined in the power of attorney.
(2) The President shall have the following rights and obligations:
1. Presiding over sessions of the General Meeting and the Management Board. In his/her absence such functions shall be assumed by a vice-president thereby authorized or by another member of the Management Board authorized by the President;
2. Being in charge of the implementation of General Meeting and Management Board resolutions and decisions and he/she may assign part of this activity to any of his/her vice-chairmen;
3. Representing the association in the country and abroad;
4. Convening the sessions of the General Meeting and the Management Board;
5. Proposing members of the Special Board to the Management Board;
6. Proposing to the General Meeting the approval of nominations for the honorary members;
7. Proposing to the Management Board the appointment of a Secretary and the External Secretaries of the Association;
8. Managing and supervising the work of the association Secretary;
9. Managing the work of the External Secretaries;
10. Performing other functions thereto explicitly assigned by the Management Board or by virtue of the present Statute.
(3) The President of the Association shall be elected by the General Meeting for a term of three years and he/she may be re-elected.
(4) The election of a President shall be by open vote, as decided by the General Meeting, by simple majority of the attending members.
Art. 30./1/ The Vice-presidents shall be elected by the Management Board by simple majority and their mandate shall be three years, with a possibility for renewal.
(2) The Vice-presidents shall coordinate and be in charge, respectively: one of them – for the administrative and financial activity and the other one – for association activity on the territory of the Republic of Bulgaria in the achievement of the set objectives.
(3) By explicit authorization from the president, vice-presidents may represent the association.
Section VI
EXTERNAL SECRETARIES. SECRETARY OF THE ASSOCIATION
Art. 31. (1) External Secretaries shall be appointed in order to facilitate and promote the activity of the Association, to establish contacts and realize joint initiatives with representatives of science, art, culture, sport and various sectors of public life.
/2/ External Secretaries shall be appointed by the Management Board on a proposal from the President and they shall report to him/her on a semi-annual basis.
/3/ The External Secretaries shall:
1. Work towards promotion of Association activity vis-a-vis society;
2. Work towards ensuring media presence for the association;
3. Carry out and activity towards implementation of joint projects with representatie of the artistic circles, education, culture, science, sport;
4. Submit to the President ideas for joint work with other similar organizations;
5. Ferret out and introduce to the President and the Management Board talented children.
Art. 32. (1) A Secretary shall be appointed to carry out coordination of the administrative, technical and communication activity of the association.
(2) The Secretary shall be appointed by the Management Board on a proposal from the President and he/she shall be directly subordinate thereto.
/3/ The Secretary shall:
1. Render assistance to the work of the President, of association members and its management bodies;
2. Carry out all tasks specified explicitly in this Statute, as well as current technical and administrative assignments connected with the work of the association;
3. Collect the membership fee and keep a book therefor in conformity with the internal regulations on the flow of documents of the association;
4. Keep the minutes of meetings of: the Management Board, the Control Board and the General Meeting, compile and keep relevant protocol books therefore;
5. Keep the seal and the papers of the association;
6. Keep the archive and the register work of the Association until another person is nominated to perform this activity;
7. Update on a timely basis the electronic site of the association by reflecting, as a must, all changes in the identification, the management bodies and the control board of the association, as well as their decisions of public importance, at the discretion of the respective body;
8. Realize all relations with the public and the media as assigned explicitly by the President;
9. Maintain and keep the register of members of the Association;
10. Also carry out other activities thereto explicitly assigned by the president.
Chapter Five
MEMBERSHIP
Art. 33. (1) Membership in the Association shall be voluntary.
(2) Members of the Association shall be natural persons or non-profit bodies corporate registered for public benefit, who accept and observe its purposes, the rules of the present Statute and the relevant national and European legislation.
(3) The founding members are its members as at the time of establishment of the association.
(4) New members shall be admitted at the written recommendation of a member of the Management Board who, as a warrantor of the candidate, guarantees that the candidate satisfies the criteria of membership.
(5) Members of the Association shall be admitted by the General Meeting, after presentation of a reasoned decision of the Management Board.
(6) The General Meeting shall assign to the Management Board, by way of resolution, the admission of members of the association between two sessions.
Art. 34. (1) On a proposal from the MB President honorary membership may be established for non-member persons with special contribution to its purposes and activity or for foreign persons rendering assistance thereto.
(2) The decision to establish honorary membership in favour of the persons under par. 1 shall be taken with consensus by the members of the Management Board and it shall be presented to the General Meeting for approval.
(3) Honorary members shall not pay membership fee and they can attend all sessions, express opinions and table proposals.
(4) In accordance with their status, the honorary members:
– form and propose policies on the development and activity of the association;
– organize, under their patronage, charitable events and establish prizes;
– may demand from the Management Board a report on the activity of the association in connection with the implementation of specific policies.
Art. 35. (1) The association shall keep a register of its members wherein the names and addresses of all members shall be entered, their PIN, profession and occupation.
(2) The register shall be maintained and kept by the Secretary who attests to every change in the circumstances with his/her signature and the seal of the association.
Art. 36. (1) All members of the association shall be entitled to:
1. Participate in its activity and in the work of the General Meeting;
2. Be elected in its bodies of management;
3. Exercise control over the work of the association and its management bodies;
4. Be informed about the activity of the association;
5. Be held in esteem and his/her dignity to be respected in accordance with the generally accepted rules, traditions, religion and other norms treating human rights, his/her individuality and needs;
6. Make use of the property of the association and of the results of its activity.
(2) For the purpose of exercising the right under par. 1, it. 1, at the decision of a board within the structure of the association, Committees may be created in which the members shall contribute in accordance with the interest stated thereby, in accordance with their abilities and qualification.
Art. 37. Every member of the association shall:
1. Pay on a regular basis his/her membership fee;
2. Comply with the Statute of the association and assist, according to his/her abilities, the common work towards achievement of its purposes in the maximum possible degree;
3. Work towards the establishment and enhancing its public authority and securing financial support for the association;
4. Respect the rest of the members, respect their rights, individuality and needs and adhere to the resolutions of the General Meeting and the Management Board.
Art. 38. Membership rights and obligations shall be non-transferable and they pass onto no other persons in the event of death or cancellation of membership. The exercise of membership rights may be submitted to someone else for a concrete activity only, in the case of actual inability by a member with valid membership to exercise in person his/her rights, by authorizing with notarization of the signature and the explicit consent of the president.
Art. 39. (1) All members of the Association shall be admitted by the General Meeting.
(2) Candidates shall submit a written application to the president who will table it within a term of one month for consideration by the Management Board.
(3) The proposal of the Management Board for admission, together with the motives thereto, shall be presented to the General Meeting for making a final decision.
(4) In case of need, on a proposal from the president, General Meeting may be held interactively for admission of new members by way of exchange of information and declarations.
(5) The interactive method of holding a General Meeting envisages a connection by Skype, Viber or a conference call via a speaker of a mobile device between members of the General Meeting at one and the same time.
Art. 40. (1) Membership shall be cancelled:
a) unilaterally, by way of personal statement of intention to MB of the association;
b) in the event of death or when placed under full judicial disability ;
c) by way of exclusion from the association;
d) with the termination of the legal person – member of the association;
e) in case of dropout – due to systematic failure to pay the membership fee without a good reason over a period of two years.
(2) The decision for exclusion shall be made by the MB in the existence of culpable behaviour which makes any further membership incompatible with the purposes declared in this Statute, as well as with the means for their achievement.
(3) In the existence of systematic defaulting on membership obligations, as stated in Art. 13 of the Statute, as well as of behaviour which makes membership incompatible with the concrete objectives, the Management Board shall make a decision for exclusion of a member of the Association. The existence of such a negative prerequisite shall be reflected in a protocol of findings which will be drawn up and signed by the president and the secretary and presented to the Management Board for taking measures. The decision of the Management Board for exclusion shall be submitted for approval by the General Meeting.
(4) In case of membership cancellation property relations between the former member or his/her transferee and the association shall be settled after adoption of the annual financial statement by the General Meeting. In the event of outstanding liabilities of the former member to the association netting off shall be made against his/her receivables from the association. The amount of any receivable shall be determined under the procedure of Art. 43, par. 3 of the present Statute.
(5) in the event of absence of a MB decision for establishing a dropping out as per par. , letter ‘e’ is in the case of paying in the due membership fees with preservation of the membership rights.
Chapter Six
COMMITTEES
Art. 41. (1) By decision of the Management Board Committees may be created, within the framework of the association and in pursuance of the concrete activities listed in Art. 8 of the Statute, with the participation of members in accordance with their competence.
(2) The MB decision shall be made at the initiative of the President, one of his/her members or after consultation with the members of the association, and it shall be approved by the General Meeting.
Art. 42. (1) The President of the association shall be a member ‘de jure’ of all committees.
(2) Except for the cases in which special permission is granted thereto by MB, the Committees per Art. 41, par. 1 may not undertake any actions before they have presented a report thereto and MB has approved it. The President or MB may delegate additional tasks to a particular committee, where necessary.
(3) Committees shall consist of at least three members and they shall select from among themselves a chairperson to be in charge of the organization of regular sessions and activity of the committee and to prepare the reports to MB on the activity performed and decisions made.
Chapter Seven
TERMINATION
Art. 43. The Association shall be terminated:
1. By resolution of the General Meeting;
2. Upon being declared insolvent;
3. By a ruling of the regional court per seat of the association in the cases defined in NLEA.
Chapter Eight
LIQUIDATION
Art. 44. (1) In the event of termination of the association liquidation of its property shall be carried out.
(2) Liquidation shall be made by the Management Board in compliance with the legislation applicable in the Republic of Bulgaria.
(3) The remaining property after satisfaction of the creditors may be provided, by decision of the Management Board jointly with the Special Board, to a non-profit legal person nominated to carry out activity for public benefit with similar purposes.
TRANSITIONAL AND FINAL PROVISIONS
§1. Where a need has arisen administrative positions shall be opened in the association under the procedure provided for in the general Bulgarian legislation. Any changes in the circumstances shall be reflected in this Statute and in the establishment plan of positions.
§2. Modifications in the present Statute may be operated under the procedure provided for therein and in the Non-profit Legal Entities Act.
§4. With regard to the interpretation or implementation of the provisions of the present Statute or to any matters not settled therewith, the provision shall apply of the general Bulgarian civil legislation and the provisions of the Non-profit Legal Entities Act.
§5. The Association shall have its own seal, electronic Web-site and logo.
The present Statute together with the modification therein made was adopted on 05 November 2016 by all attendees at the Constituent meeting of Non-profit Association ‘CHILD SUPPORT ASSOCIATION’, held on the same date in the city of Sofia, with the persons present thereat affixing their signatures in the list appended as an inseparable part, to attest to the above act.