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Name. Headquarters. Duration

 

Article 1

Under the name of

La Maison des Enfants AED,

is a non-profit association, corporately organised and ruled by the following status as well as the articles 60 and following of the Swiss Civil Code.

This association continues the work of M. Noël Muroni under the name of Aide à l'Enfance en Détresse.

Article 2

The association has its headquarters in La Tour-de-Peilz.

Article 3

The duration of the association isn't limited.

Goal

Article 4

The association's goal is to help and assist disadvantaged children, especially the orphans in Kerala, India.

Members

Article 5

Are members of the associations people who participated in its constitution and those admitted by the comity after a written consent.

Article 6

Applying for the association implies a full acceptance of the statuses.

Article 7

Any member can leave the association at the end of an administrative period, as long as they announce their resignation to the comity in a written form three months before the end of that financial period. If not, the fees for the next financial period are due.

The comity can exclude a member.

Article 8

The comity is not bound to indicate the reasons for their refusal of an application nor for an exclusion of a member.

Sponsors

Article 9

A sponsor is someone who's committed to giving a regular grant. That sponsor has the right to read the statuses and and the accounts of the association. He/she can give suggestions that will be examined by the comity. He/she doesn't automatically become a member of the association through his status of sponsor.

Ressources

Article 10

In addition to its members' subscriptions, the association's funds come from sponsorship and well as donations and any other money it may receive, from the revenue of cerain events as well as earning from its fortune.

Responsability of the Members

Article 11

Members aren't personnally held responsible for the association's engagements, which are only guaranteed by its social asset.

Members have to rights to the social asset of the association.

The Association's System

Article 12

The different organs of the association are as follows:

 

  • the general assembly,
  • the comity
  • the inspection organ.

 

The General Assembly

Article 13

The general assembly is called in by the comity at least once a year, ordinarily within six months of the end of the financial period or, extraordinarily, as often as necessary.

The general assembly must be called in by the comity if at least a fifth of the members request it. The request, signed by its authors, shall indicate the reason for the notification. In that case, the general assembled should be held within a reasonable delay but at the latest within three months of the notification.

The assembly is called in at least ten days before the planned date of reunion through written form to each member, with an indication the agenda.

No decision may be made on subjects that haven't been on the agenda, unless another general assembly has been proposed to deliberate the matter.

Unless it contradicts the law or the statuses of the association, the general assembly is validly held no matter of how many members are present.

If all members are present and if there's no opposition, a general assembly can be held regardless of the general form of notification.

As long as they're present, the assembly has the right to deliberate and decide validly regardings all subjects which are within its authority.

A proposal which all members have writtenly accepted is tantamount to a decision taken by a general assembly.

The general assembly is directed by the president or, failing that, another member of the comity (designated by the latter).

Article 14

Each member has the right to one vote.

A member cannot be represented.

If the law or the statuses don't decree otherwise, the general assembly takes decisions and proceeds to elections through the relative majority of the votes.

The president takes part in the elections, but in votations he only votes to decide between two votes in case of equality of votes.

Article 15

The general assembly is the only one competent:

  • to approve accounts and management,
  • to accept the budget, to name or revoke a president of the association and members of the comity, to decide on the annual subscription,
  • to modify or dissolve the assciation.

 

Comity

Article 16

The comity is made up of the president of the association, who's at the same time president of the comity, and of at least six other members.

The duration of the mandate is a year, and ends on the day of the general assembly. Members of comity are immediately reelectable.

The comity constitutes its own self, except for the president, who's designated by the general assembly.

The comity handles the affairs and goods of the association, executes decisions made by the general assembly and can make any decisions he's allowed to by the general assembly and by the statuses and law. He can for instance decide on how to use the funds of the association.

The comity gathers as often as business needs it, upon convening by the president. Any member can ask for the convening of a reunion.

The comity is present if the majority of its members are there. The comity makes decisions when its majority vote for them. If number of votes are equal, the president makes the final decision.

Any proposal to which all members have writtenly agreed equals a decision voted by the comity.

Representation

Article 17

The comity designates who's allowed to represent the association and decides how to sign an authorization.

Verification

Article 18

An accredited third party is in charge of verifying the accounts of the association and to present that verification in front of the general assembly.

The general assembly elects every year one or several accredited third party members, who are immediately reelectable.

Adminstrative year

Article 19

The administrative year ends on December 31 of each year.

The first adminstrative exercise ends on December 31, 1998.

Modification of the statuses and dissolution

Article 20

The modification of the statuses or dissolution of the association can be decided only in a general assembly where at least two thirds of members are present.

If the minimum quorum isn't present, a second general assembly will be convened at least five days after the first one. This general assembly will be valid, no matter how many members are present.

In any case, the decision of modification or dissolution should be made upon vote of two thirds of the majority, whether present or represented.

In case of dissolution, the comity will be in charge of liquidation, unless the the general assembly designates other liquidators.

The net assets after liquidation will be given to one or several institutions of public utility devoted to disadvantaged children, upon decision made by the general assembly.

Present statuses as voted by the constitutional general assembly of March 16, 1998.