I. GENERAL
Art. 1. “The National Association of Municipal Clerks in Bulgaria”, hereafter referred to as the Association, is a legal entity registered under the Non-Profit Legal Entities Act.
Art. 2. “The National Association of Municipal Clerks in Bulgaria” is responsible for its obligations with its property.
II. NAME
Art. 3. The Association will operate under its name: "National Association of Municipal Clerks in Bulgaria" - abbreviated NAMCB
III. HEADQUARTERS AND REGISTERED OFFICE
Art.
4. The
Headquarters and registered office of
"NAMCB"
are: 1229 Sofia,
Vrabnitsa, 328 Khan
Kubrat Blvd.
IV.
OBJECTIVES
Art.
5. The main objectives of the
association are:
to contribute to the formation of the professionalism of municipal employees in Bulgaria and the countries of Central and Eastern Europe;
to develop and promote the development of a certified professional and postgraduate training of municipal employees;
to cooperate with international organizations of local officials and national associations of other countries;
to support all areas of education and science.
V. MEANS FOR THE ACHIEVMENT OF THE GOALS
Art.
6.
"NAMCB"
conducts its activity
under the laws of the Republic of Bulgaria.
Art.
7. The
means
by which the Association will achieve its objectives are:
Cooperation with local and foreign organizations with similar activities, through which: it exchanges experience in education and science; it exchanges specialized literature ; it promotes the achievements of science ; it attracts international experts for comprehensive assistance in the field of education and science;
Cooperation with the Association "CERTIFIED INSTITUTE OF MUNICIPAL CLERKS FOR CENTRAL AND EASTERN EUROPE" as the only organization authorized to perform certificate training of municipal clerks in Central and Eastern Europe;
Protecting and defending the legitimate rights and interests of the members of the Association;
Promoting the activities of "NAMCB" and attracting public interest and support to achieve the objectives set out in this statute;
Organization and participation in public and scientific forums in the country and abroad in the spheres of education and science;
Interaction with public authorities, public organizations and related entities in the country and abroad, membership in international non-profit organizations with similar objectives and activities;
Promoting the use of information and communication methods, establishing and promoting links and carrying out mediation between academic, educational and research institutes and industrial (manufacturing) technology, development and / or commercial firms to provide access to knowledge and innovation and transfer of know-how, improvement and development of practical applications and / or accelerated introduction of scientific and didactic achievements in practice.
VII.
SCOPE OF ACTIVITIES
Art.
8. The
Association realizes its objectives through the following activities:
Constant improvement of professionalism of municipal employees by encouraging their participation in certification courses;
Participation in the development of projects of enactments, analysis and research on the process of certification of municipal employees in connection with the institutionalization of the international certification of municipal employees in Bulgaria;
Recruiting and providing both free and against payment of money, property and any other facilities related to enhancing the training and education of municipal officials;
Development and / or implementation of projects in relation to achieving those goals in this Statute;
Organization and financing of publishing and distribution activities for the purposes of the Association;
Financing of courses, scientific seminars, sessions and symposia related to the objectives of the Association;
Cooperation, on a contractual basis including, with local and foreign entities to optimize projects in science and education.
VIII. DETERMINATION OF ACTIVITY
Art. 9.
"NAMCB"
describes itself as a non-profit
legal
entity,
acting
in private benefit.
IX.
TERMS
OF VALIDITY
Art. 10. The non-profit legal entity, acting in private benefit, "NAMCB" is formed without any terms.
X. MEMBERSHIP
Acquisition
of membership
Art. 11. Members of "NAMCB" can be physical and legal persons that wish to contribute to the achievement of its objectives.
Art. 12. Membership
is voluntary and can
happen
at any time of
the
year.
Art. 13. Admittance is carried out through written request to the Managing Committee of the Association, in which the applicant declares that he/she is aware and accepts the regulations of the statute. Candidates - entities attach to the application for membership copies of documents for registration, a copy of their statute and decision of the governing bodies for their membership.
Art. 14.The
Managing
Committee
considers
the application for membership at its next meeting and
makes a resolution on it.
Art. 15. The
Managing
Committee
accepts
new
members by
a
simple majority of
the
total votes.
Art. 16. The membership is acquired from the date of the resolution of the Managing Committee.
Rights
and obligations of members
Art. 17.
Each member is entitled to participate in the management of the
association ,to
be informed about its activities, to take
advantage of
its
property and the results of its activities.
Art. 18. Members
are
entitled
to vote and be elected to governing bodies.
Art. 19. Each member is entitled to participate in the General Assembly and current events.
Art. 20. Members
are required to abide
the statute and the
acts
of the General Assembly and the Managing Committee.
Art. 21. Members
are required to contribute to the achievement of the objectives of
the association and to implement
the decisions of the General Assembly and the Managing Committee.
Art. 22. Members are required to pay annual membership fee within the size and time limits determined by the General Assembly.
Art. 23. The rights and obligations, except for the property, are not transferable and do not pass on to others in the cases of death or termination.
Art. 24.
The association's members are responsible only to the extent provided
for in this Statute.
Termination
of membership
Art.
25.
Membership is terminated
with:
(1)
A
unilateral written statement to the Association.
(2)
Expulsion.
(3)
The death or placing under judicial disability, respectively, with
termination
of
the legal person of a member of the association.
(4)
The termination of the Association.
(5)
Upon dropping
out
due to non-payment of
the
property contributions determined
by the
General Assembly and systematic non-participation in the activities
of the Association.
Art. 26. A
member
of the "NAMCB"
may be excluded if its actions or inaction undermine
the
name of the association,
perplex
its activities, violate the law, the
current
statute, and when he/she/
it
does not pay membership dues
systematically.
Art. 27. The
decision to exclude a member of the association is made by the
Managing
Committee
by a simple majority of half plus one votes
of all Managing Committee members in
case of behaviour,
making further membership incompatible. The
decision
for exclusion may be
appealed to the General Assembly.
Art. 28. When
a decision is taken for a member to drop out of "NAMCB"
non-payment
of the property contributions
provided for in the statute
and systematic non-participation in the activity is ascertained
by the Managing Committee of the Association.
Art. 29. Upon termination of membership
with a unilateral written
statement, the
decision for
termination
is made by the Managing Committee by a simple majority of half plus
one vote of all members of the Managing Committee.
Art. 30. Upon termination of membership the
association is not due to return the already made property
contributions. The excluded member is required to make material
contributions outstanding for the period of membership.
XI.
MANAGEMENT BODIES
Art. 31. Management bodies of "NAMCB" are: - General Assembly - Managing Committee (MB) - Chairman of the Managing Committee - Supervisory Board.
XII. GENERAL ASSEMBLY
Art. 32. The
General Assembly is the supreme authority of "NAMCB"
and consists of all members. Legal entities participate
in the meeting by those who represent them.
Art. 33. The General Assembly of "NAMCB" is held at least once a year by the Managing Committee on its own initiative or on the request of 1 / 3 (one third) of the members of the association.If in the latter case the Managing Committee fails to convene a general meeting within one month of the request, it shall be convened by the court at the headquarters of the association, upon written request of the person concerned.
Competence
of the General Assembly
Art.
34. Powers of the
General Assembly
1. Amends the statute.
2. Adopts
other internal documents.
3.
Elects
and dismisses
members of the Managing Committee and
the
Chairman of the Managing Committee by open ballot.
4.
Elects
and dismisses
members of the Supervisory Board by open vote.
5.
Makes
decisions
for transformation and termination
of the Association.
6.
Makes
decisions
for
participation
in other organizations.
7.
Makes
decisions for
opening and closing of branches.
8.
Adopts
guidelines and program activities of the association.
9.
Adopts
the budget of the association.
10.
Adopts
the report of the Managing Committee.
11.
Adopts
the report of the Supervisory Board.
12.
Revokes
decisions of other bodies
of "NAMCB"
that contradict
to the
law, the
statute or other
internal documents.
13.
Approves
the reports on the implementation of individual solutions.
14.
Elects
specialized committees and working groups as appropriate, exempts
their members from liability and terminates
their powers.
Art.
35. The
decisions of
the General Assembly
are obligatory
to
other bodies of the Association
and are
subject to judicial
scrutiny as to their legality and compliance with statutes.
Art. 36. Members and bodies of "NAMCB" can dispute before the General Assembly the decisions of the bodies of the association when they are taken in contravention of the law,the statute or a previous decision of the General Assembly. The interested member or body must send a request to the General Assembly within one month from becoming aware of the controversial decisions, but not later than one year from the date of the decision.
Convention
Art. 37. The Governing Council shall make a written invitation to convene the General Assembly, which includes the agenda, date, time and place of the General Assembly
Art. 38. The invitation is published in
State
Gazette and placed on
the notice board in the building, which is managing the "NAMCB"
no later than one month before the scheduled day.
Quorum
Art. 39.
The General Assembly shall be considered lawful if at least half of
its members
are there.
In the absence of a quorum, the meeting is postponed
for one hour later and
is
held
at
the same place and under the same agenda, regardless of the number of
members present.
Vote
Art. 40. Each
member has one vote in
the General Assembly.
Art. 41. One person may represent no more than three members of the General Assembly on the basis of a written authorization, unless another rule of representation or Assembly of Attorneys have not been provided in the Statute. Re-authorization is not allowed.
Decisions
Art. 42. Decisions are taken by open ballot
and by a majority of those present, but
for amending
the statute or
terminating the association a majority of 2 / 3 (two thirds) of those
present is
required. The General
Assembly can take decisions in matters not foreseen in the agenda of
the meeting if
all members are present and agree with that.
Art. 43. For each session of the General Assembly a record shall be certified by the chairman of the meeting and the producer of the Protocol.
XIII.
MANAGING COMMITTEE
Mandate
Art. 44. The
governing
body of the Association is the Managing
Committee.
The Managing
Committee
shall be elected for a term of five (5) years and shall consist of at
least three people
- members of the association. Entities that are members of the
association may designate members of the Managing Committee and
people
who are not members of the association.
Art. 45. After the expiry of the mandate of the latter, the Managing Committee continues to perform its functions until the election of a new Managing Committee.
Powers
Art. 46.
Powers of the Managing Committee:
1.
Represents "NAMCB”
2.
Organizes
and directs
the activities of the Association.
3.
Prepares
and submits
proposals for changes in the statute of the Association
to
the General Assembly.
4.
Decides
on acceptance or refusal of donations, sponsorship or grant
instruments on behalf of the association.
5.
Develops
and approves
programs and regulations.
6.
Disposes
of the property of the association
by observing the requirements of the statutes.
7.
Fulfills
the obligations laid down in the
Statute.
8.
Determines
the address of the Association.
9. Implements
the
decisions of the
General Assembly.
10.
Elects
a Vice-President
of the Managing Committee, who chairs the meetings in the absence of
the President.
11. Prepares
and submits
to the General Assembly a report on the activities of the
Association.
12. Decides on the amount
of the membership fee or property contributions, unless this function
is assigned to the Managing Committee.
Meetings
Art. 47.
Meetings of the Managing Committee shall be convened and chaired by
the President
of the Managing Committee at
least
once every 3 (three) months. The
President
is obliged to convene a meeting upon written request of 1 / 3 (one
third) of the members of the Managing Committee within one week of
receipt of the request. If the President
does not convene a meeting, it may be called by each member of the
Managing Committee. In
the absence of the President
the meeting is headed by his deputy.
Decisions
Art. 48. The
Managing
Committee
shall take decisions by simple majority of those present.
Art. 49. The
meeting is considered valid and lawful if at least half of its
members
are present.
A
person is considered present if
there
is
a bilateral
telephone or other connection, ensuring the identification and
allowing its participation in the discussion and decision making. The
vote of this member
shall be certified in the protocol
of the meeting
by the
Chairman.
Art. 50. The Managing Committee keeps a book of protocols of the meetings. The Chairman of the meeting and the person who prepared the protocol are responsible for certifying the accuracy of its content.
XIV. PRESIDENT OF THE MANAGING COMMITTEE
Art. 51.
A
President
of the Managing Committee shall be elected by the General Assembly
for a period of 5 (five) years. The President represents "NAMCB"
,
directs
the
current
activity,
organizes
the implementation of decisions of the General Assembly.
Art. 52. The
President
is not entitled to carry out disposal actions and to impose a burden
on real estate association.
XV.
REPRESENTATION
Art.
53. The
"NAMCB"
is represented
by
the
Managing
Committee
of the Association
as
well as by
the President
of the Managing
Committee.
Art.
54.
The
President
of the Managing Committee may authorize other persons to perform
specific actions as they do not exceed the limits of representative
authority.
XVI.
BRANCHES
Art. 55. By
the
decision of the General Assembly there
could
be opened and closed branches outside the locality, where
the headquarters of the association
is placed.
Branches are not legal entities;
they are
governed by a manager
and
perform
the activities specified in the decision of the General Assembly for
their discovery.
Art. 56. Branches
keep books for
their
activities
and
at least once a year
the manager of
a
branch shall submit to the Managing Committee of the Association
report on the activities
and spent resources
of the branch.
Art. 57.The Registration of the branches is done by the Managing Committee of the Association .
XVII.
PROPERTY AND FINANCE
Art. 58.The
"NAMCB"
has its own property, which consists of the ownership
rights
and other real rights on movable and immovable property.
para
2. Property
of the Association is formed by:
-
An introductory membership fee;
-
Annual membership dues;
-
Donations from individuals and legal entities;
-
Sponsorship;
-
Property contributions made in order and in an amount determined by
the General Assembly.
Art. 59.
Property contributions of the members are determined by type and size
by
the General Assembly, which determines
the manner of their introduction.
Art. 60. Property
of the Association is intended for self-support and implemention
of
its goals.
Art. 61. Property
and income of the association can only be used to achieve its
objectives and no part of them can be paid directly or indirectly as
a dividend or profit to members.
Art. 62.
Completion
of the annual balance with
a loss,
the General Assembly may decide on additional contributions of
its members
to cover it
with
a qualified majority of 2 / 3 of those present.
Art. 63.The
"NAMCB"
has its own seal and form approved at a meeting of the Managing
Committee by simple majority.
XVIII.
TERMINATION
Art. 64.
The"NAMCB"
is terminated
by:
(1)
The decision of the General Assembly, acting by a qualified majority
of 2 / 3 (two thirds) of those present.
(2)
The decision of the district court, under the terms of Article 13,
paragraph 1, item 3 of the
Non-Profit Legal Entities Act.
XIX.
LIQUIDATION
Art. 65. By
termination of the "NAMC"
a
liquidation is made where
the
regulations
of the Trade
Law
apply.
Art. 66. The
liquidation is performed
by the Managing Committee or by a person designated by it,
in the case of Article 13, paragraph 4 and Article 14 para. 3
of the
Non-Profit Legal Entities Act; the
liquidator is
determined by the district court.
Art. 67. The
liquidator is obliged if
possible
to satisfy the creditors of the entity from
the financial resources available,
but failing that - by cashing first the movable, then the
immovable
property
of the Association.
(2)
If the General Assembly has not taken a decision on the allocation of
the assets remaining after the satisfaction of creditors,the
liquidator cashes out the property of the association and distributes
it among the members according to their property contributions made.
XX.
CONCLUDING
PROVISIONS
§ 1. Issues outstanding this statute shall be resolved according to the Non-Profit Legal Entities Act and the legislation of the Republic of Bulgaria.
§ 2. This Statute was adopted on July 12, 2005 in Sofia at the constituent meeting of "NAMC".