Blog: Hungarian version
D R A F T
ARTICLES
OF
European Minorities Association
The founders to these
Articles of Association wish to form an organization
in accordance with the provisions of Act CLXXV of the 2011 Hungarian Law
concerning the right of public meeting.
I. DATA
OF THE ASSOCIATION
1.§ Name
of the Association: European Minorities Association
Hungarian name: Európai
Kisebbségben Élő Népek Egyesülete
Abbreviation: “Eurominorities”
hereinafter referred to as “the Association”.
Headquarters of the Association in Hungary are located at Király utca 9, Budapest.
The Association may also open other administrative and operational offices,
both in
Hungary and abroad, by
decision taken by a simple majority of the Board.
2. § The Association operates as a court registered legal
entity.
The
Chairman of the Board has the right to represent the Association.
3.§
Purposes of the Association
Representation and
implementation of the interests of peoples of European minority.
The Association proposes to act as an advocate for their rights in the struggle
for the independence, autonomy, and self-determination of European minorities
in all fields possible,
by all legal means at the competent national and
international forums.
Activities to achieve the purposes of the Association:
3.1. Studying one another’s culture, minority situations, problems and achievements
3.2. Organisation of lectures, consultative panels, domestic and foreign trips for
exchanging experience, and training courses that contribute to the
improvement of the minority peoples’ situation and promote self-determination
3.3. Monitoring and continuously keeping track of political and living conditions
of minority peoples
3.4.Immediate and reliable information collection, analysis, and the setting up
of a concerted plan of action and/or immediate common action in case of any grievance
3.5. Common representation of interests, common
actions with the competent international authorities and with the government of
the majority nation
3.6. Assistance and
support one another in the case of any grievances, in order
to broaden minority rights and autonomy in all fields possible, by all legal
means
3.7.Searching and
applying new philosophies, methods and means, making
studies
on how to prevent grievances and how to promote the broadening of the rights
and
autonomy of minority peoples
3.8.Establishing the
European Minorities Alliance through the organizing
activity of the members of the Association
3.9.Shaping public awareness and the political culture of European minority peoples
through the media
3.10. Liaising
with partner associations of similar concern.
3.11. Professional Cooperation
The Association seeks relationships and maintains close relationships with partner associations and organisations of similar concern. It has a cooperation
agreement with these organisations.
Within this agreement, if necessary, we express our standpoint to the related
authorities on subjects of common interest. In addition, we can organise
campaigns and make appearances
in the media
3.12. Individual purposes within the Association:
Each ethnic minority may work out its own particular purposes and means that do
not conflict the common purposes.
3.13. The public benefit
activities of the Association:
3. scientific activities, research;
4. education and instruction, development of skills, dissemination of general
knowledge;
5. cultural activities;
6. preservation of cultural heritage;
7. protection of monuments;
9. protection of the environment;
11. promoting equal opportunities for groups in a disadvantageous social
position;
12. protection of human and civil rights;
13. activities related to national and ethnic minorities in Hungary and to Hungarians living beyond the
borders;
18. promotion of training and employment for those having a disadvantageous
position in the labour force market, and related services;
19. Promotion of Euro Atlantic
integration ;
3.14. The Association has the right to
exercise, in Hungary or abroad,
alone or in collaboration with third parties or indirectly, all activities
related directly or indirectly to its purposes.
3.15.
The Association is formed for an
unlimited term.
II. THE MEMBERS OF
THE ASSOCIATION
4.§ Membership
4.1. The Association is formed by natural
persons and legal entities. Membership is
open to any natural persons and
legal entities that support the purposes
of the Association. Membership is granted after completion and receipt
of a membership application
and annual dues. All memberships shall be granted upon a majority vote of the Board.
4.2. Regular
members:
Basic condition of association membership is acceptance of the Articles of
Association
and the settlement of the membership fee.
4.3.Honorary members: The natural persons and the legal entities
elected
by majority vote of the Board.
4..4. Patron
members: Natural persons and legal entities admitted by majority vote
of the Board who agree with the purposes of the Association and who support
their implementation or help with their activities related to particular
schemes.
4.5. The decisions of the Board on
honorary ad patron members are approved
of by the next following meeting of the General Meeting.
5.§ Rights and obligations of members
5.1.Rights and obligations of regular members
Members of the Association
hold equal rights and are entitled to:
- participate in the activity of the Association.,
- take part in the General Meeting where they hold advisory and voting rights,
entitling them to present motions on agenda and scope of topics, as well as
participate in the decision-making process,
- make comments and suggestions and express opinions concerning
the operation of the bodies of the Association,
- initiate disputes on and representation of certain professional matters,
- make suggestions on the organisational structure and operation of the
Association,
- receive information and data compiled by the Association,
- appoint a candidate who has a right to be elected to the Board of the
Association
and/or to the Board of Supervisors in standing and ad hoc committees,
- participate in the election of members to the aforesaid bodies,
- inspect the records of the Association,
- request information on the activity of the Association.
5.2.Members of the Association are
obliged to:
- facilitate the successful operation of the Association,
- act in accordance with the articles, regulations and resolutions of the
Association,
- fulfil the regular data disclosure requirements on deadline,
- protect the secrets of the Association,
- act in accordance with the resolutions of the Statutory Board for the members,
- pay the membership fee determined by the General Body or, in the case of
interim admission during the year, pay a percentage of the fee in a timely
manner.
Rights and obligations of
honorary members:
5.3.The honorary member is entitled to:
- participate in the work of the Association and its bodies in an advisory
capacity proposing rights.
- making proposals on discussions and representation of professional matters,
- indicate the title of honorary membership on official documents,
- nominate a candidate to standing and ad hoc committees and
(if natural entity) take part in their work.
5.4.The honorary member is obliged to:
- act in accordance with the obligations of the regular members
with the exception of paying the membership fee.
Rights and obligations of patron members
5.5.The patron member is entitled to:
- participate in the work of particular bodies of the Association in a consultative
and advisory capacity,
- make suggestions on discussions and representation of professional matters.
- indicate the title of patron membership on official documents,
- nominate candidates to standing and ad hoc committees or
(if natural person) participate in their work.
5.6.The patron member is obliged to:
- observe the obligations of regular members.
6.§ End of Membership
6.1.The membership of any member of the Association shall terminate :
- upon the death, incapacity or insolvency of an individual;
- upon voluntary or forced dissolution or liquidation of a legal person or
association;
- by resignation;
- upon suspension or expulsion.
6.2 .Members may resign from the Association by notifying the Board in writing.
The resignation will take effect upon
receipt of the notification by the Association.
6.3. A member deemed to cause damage to the interests of the Association
may be suspended or expelled by the Board.
In the case of expulsion, the member shall
have a right of appeal
before a meeting of the General Body.
A
suspended member shall not be entitled to vote, to attend meetings of the Association,
or otherwise to participate in the activities of the Association during the
suspension period.
7.§ Membership
fees
7.1.Members shall pay membership fees to the Association set by the General Meeting.
The Board determines the terms and
method of payment.
7.2 Membership is only effective upon receipt of the
membership fee.
In case the Board has the right to make exception to this
obligation.
8.§ . Personal liability
No member,
officer, or member of the Board of this Association shall be personally
liable for the debts or obligations of this Association of any nature
whatsoever,
nor shall any of the property of the member, officer, or member of the Board
be subject to the payment of debts or obligations of belonging to this
Association.
III. STRUCTURE OF THE ASSOCIATION
Organs
of the Association are:
- the General Meeting
- the Board
- the Audit Committee
Officials of the
Association:
- Chairman
- Vice- Chairman
- Honorary Chairman
- Secretary/Treasurer
-Member of the Board
- External Auditor
- Audit Committee Member
9.§ General
Meeting
Composition and Powers
The General Meeting shall consist of all the members of the Association.
All members have one vote.
The General Meeting shall have the
following powers :
- the modification of these Articles of Association;
- the decision to dissolve the Association;
- the election and revocation of the Board;
- the approval of the Association's budgets, accounts and annual report.
Each member
shall have the right, by means of a letter sent by regular mail,
electronic mail or any other medium of written
communication, to be represented
at the General Meeting by a proxy-holder, who must be a member of the
Association.
A proxy-holder shall never represent more than two other members.
10.§ Ordinary and Extraordinary Meetings of the General Meeting
10.1 The General Meeting meets, at
least once a year in Budapest upon an invitation
specifying the place, date and agenda sent by the Chairman of the Board or
his/her deputy at least fifteen (15) calendar days in advance.
The General Meeting will
- receive the report on the activities of the Association during the past year;
- approve the accounts for the past year and approve the budget and
the membership fees
for the following year;
- modify the Articles of Association;
- decide upon the dissolution of the Association.
10.2 An extraordinary General Meeting
shall be convened by the Chairman
of the Board whenever required by the interests of the Association or upon
request
of at least one-third (1/3) of the members. Notice of meetings shall be served
at least fifteen (15) calendar days in advance.
The extraordinary meeting may:
- modify the Articles of Association and/or
- decide upon the dissolution of the Association.
10.3 The General Meeting shall be presided over by the Chairman of the Board or,
in the absence of the Chairman, by the Vice-Chairman or by the Member delegated
by the Chairman.
10.4 The minutes of the General Meeting shall be signed by the person presiding
over the Meeting and kept in a separate
file at the Association's registered office,
at the disposal of the members.
VI. OFFICIALS OF
THE ASSOCIATION
11.§ Board
11.1 The Board has three (3) Members.
The Members of the Board are nominated and elected by members of Association
for five (5) years.
11.2. The General Meeting may decide to remove the Chairman.
Such a decision
requires a two-thirds (2/3) majority vote of the members present or
represented.
11.3. The Board elects a Chairman and a Vice-Chairman from among
the Members of Board.
11.4. The Chairman or the Vice-Chairman convenes meetings of the Board.
Except in the case of an emergency, notice of meetings shall be served
at least four (4) calendar days in advance. The minutes of the Board Meeting
shall be signed by the Chairman or the Vice-Chairman and kept in a separate
file at the Association's registered office, at the disposal of the members.
The Chairman shall preside over all Board Meetings, appoint committee
members and perform other duties associated with the office.
11.5. The Vice-Chairman shall assume the
duties of the Chairman
in the case of the Chairman’s absence.
11.6. The Secretary shall be responsible for the minutes of the Board, keep
all approved minutes in a minute file and send out copies of minutes as needed.
11.7. The Treasurer shall keep record of the
organization’s budget and
prepare financial reports as needed.
11.9. The maximum term of office for Board Members shall be three (3) years.
Members of the Board may be re-elected.
12.§ Powers of the Board
The Board shall have all powers necessary to pursue the purposes of the
Association
and to complete all management actions, with the exception of the powers
reserved
by law or by the General Meeting as stipulated in these Articles.
13.§ Representation of the Association
The
Chairman of the Board has the right to represent the Association,
but he may transfer this right to
competent members of the Association.
14.§ Committees
14.1 The Board will appoint a Membership Committee for particular activities
that support directly or indirectly the purposes of the Association.
14.2
The Board determines the terms of reference and powers of the committees
it appoints. Committees
report to the Board on their activities by means of a letter
sent by regular mail, electronic mail or any other medium of written communication.
15.§ External Auditor
15.1 The Board appoints the external auditor.
15.2 The mandate of the external auditor may not exceed two (2) years. It may
be
renewed. The Board determines the fee, if any, to be paid to the external
auditor.
16.§ Budget and Accounts
16.1 The
association’s financial year runs from 1 January to 31 December.
On 31 December of every year, the books and accounts of the Association
shall be closed. At the end of each
financial year, the Board draws up the annual
accounts and reports for the year ended and establishes the budget
for the following financial year in accordance with the applicable legal provisions.
16.2. The annual
accounts are submitted to the General Meeting for approval.
16.3 The
accounts of the Association shall be audited by the external auditor
if it is necessary.
16.4.
Income of the Association:
- membership fees;
- specific contributions, provided these are given with the understanding
that they will in no way influence the independence of the Association;
- revenues from Association activities and tenders.
16.5. The Association is entitled to carry out entrepreneurial activities
that do not jeopardize the Association’s public benefit goals.
VI. Decisions
17.§ Ordinary
Decisions
17.1.
Resolutions approved by the General Meeting shall be validly adopted
if they obtain the affirmative vote of the majority of the members present and
represented, and only if they do not conflict with the provisions of the
Articles
of the Association. Each member has one vote. Another member may represent
a member unable to attend the meeting. A member may not, however,
represent
more than two (2) other members. In the case
of a tie, the chairman
of the meeting has the casting vote. Abstentions are not counted.
17.2 .The Board may only validly decide and
adjudicate if at least half of
its members are presented or represented. Decisions of the Board are taken
by a simple majority of the Members' votes cast. Each Member of the Board
has one vote. Another Member of the Board may represent a Member who is
unable to attend the meeting. A Member of the Board may not, however, represent
more than two (2) other Members. In the case of a tie, the chairman of the
meeting
has the casting vote. Abstentions are not counted.
17.3. Decisions of the General Meeting and
of the Board are binding
on all the members of the Association.
18.§ Amendments to the Articles of Association
18.1.
The General Meeting shall validly deliberate on amendments to the Articles
of Association only if the object of such amendments is mentioned explicitly
in the call to General Meeting and if one half (1/2) of the members are present
or represented at the General Meeting. Any amendment shall require
a two-thirds (2/3) majority of the votes. Abstentions are not counted.
18.2. If less than
one half (1/2) of the members are present or represented
at the first General Meeting, the Board shall have the right to call a second
General Meeting within three (3) weeks of the date of the first General Meeting,
which shall validly deliberate whatever the number of the members present
or represented.
19.§ Dissolution
19.1. The Association may be dissolved by a decision of the General Meeting
where more than three-quarters (3/4) of the members present vote in favour.
19.2.
If at a first General Meeting less than half of the members are present
or represented, then the Board may convene a second General Meeting
within three (3) weeks of the first General Meeting which shall validly deliberate
whatever the number of members present or represented.
19.3.
If the Association is dissolved, the assembly shall appoint a liquidator
and determine its powers.
19.4. The General Meeting decides on the distribution of the net assets.
VII. Sundry Provisions
20.§ Internal Rules
The General Meeting, on the recommendation of the Board, may adopt some
Internal Rules, compatible with the provisions of these Articles of Association,
so as to ensure the smooth running and administration of the Association.
They are binding on all members, provided that at least two-thirds (2/3) of
the votes cast are in favour. Abstentions are not counted.
21.§ For the issues not covered
by the present Articles of Association
the all time effective regulations of the Hungarian Civil Code, the provisions
of Act IV of Hungarian Law, 1959 , and
the provisions of Act CLXXV
of Hungarian Law, 2011 on
the Right of Association and
on non-profit organizations shall apply.
23.§ Authentic language version
In the case of disputes, the Hungarian
version of the Articles of Association
is the authentic text.
VIII. FOUNDERS
The founders certify that they will execute the
Articles of the European Minorities Association for the purposes herein stated.
The General Meeting accepted the Articles of the
Association on dd mm 2012.
Budapest, dd
mm 2012
Keeper of minutes Chairman of Board
The list of founders of the Association are
enclosed.
