Nippon Bonsai Sakka Kyookai Europe

STATUTE BOOK

 

DENOMINATION / OBJECTIVE / HEAD OFFICE / DURATION

Art.1

An association called “NIPPON BONSAI SAKKA KYOOKAI EUROPE” has been formed.

The association is governed by civil law, especially art.36 and following of the Italian Civil Code and by tax regulations laid down for non profit Organisations.

Art.2

The association is non-profit-making.

 

The Members are to conduct themselves in a proper manner, both internally with other members and with third parties, as well as complying with the regulations of the present Statute Book.

The aims of the association are:

a)   to take the European bonsai back to the cultural and spiritual values of oriental tradition,

b)   pursue the development of the bonsai as an artistic expression, and as such, give the bonsai a role as means of communication between different cultures, in the awareness of transmitting common principles,

c)   develop initiatives capable of making the bonsai a form of art socially recognised, also in Europe,

d)   promote the bonsai as a way to approach nature, as a means through which the human being can, in any environment, establish a deep relationship with nature, one of cognition and respect, thus creating relationships between agencies and associations that pursue culturally similar objectives so as to give more importance and relevance to the actions that will be undertaken, more power to the idea that it wants to disseminate and, consequently, more possibilities of recognition.

For maximum achievement of its social aims, the association proposes to promote and organise, in collaboration with other organisations with which it shares these aims, seminars, meetings, debates and events (at home and abroad), and other general activities pertaining to these aims.

Given its cultural purpose, the association does not promote competitive actions.

Regarding the management of its institutional activities the association will deliberate  over affiliations with second level organisations, with which it can attempt to find  areas of comparison and collaboration, for the purpose of a profitable engagement in the realisation of projects and common initiatives that will allow for the best fulfilment of the social aims.

Art. 3

The association has its main office in Gaiole, Chianti (SI), in the district of Cetinaia, and it can found branches to carry out statutory activities on a national or international level.

ASSETS AND ECONOMIC RESOURCES

Art. 4

The association’s economic resources constitute of:

a) fees and any voluntary contributions from members, which might be requested in relation to the needs and the functions of the association;

b) contributions from public agencies and other natural and legal persons;

c) contributions coming from international organisations;

1   prospective resources, donations and bequests;

e) any possible incoming that the association receives in exchange for services in the area of institutional activities and others related to this;

f) every other entry that can increase social assets within the enforced legislation.

MEMBERS

Art. 5

The number of members is unlimited.

All who are natural and legal persons, associations and companies can become members of the association, as long as they share the objectives and are willing to contribute to their realisation.

All natural and legal persons, associations and companies that, prior to request, are admitted by Executive Board, can be members. The admission can be denied, provided that this reason is duly motivated.

1. Founding Members are defined as the people who participated in the constitution act and made up the first nucleus of the Associate Members.
2. Associate Members are defined as the people or agencies that share expressly the aims of the association and undertake to pay, for the whole tenure of the associative relationship, the annual fee established by the Executive Committee and ratified by the  Assembly.
3. Full Members are defined as distinguished Associate Members who, for their technical, didactic and moral capacities, can represent the association. They are named by the Executive Board.
4. Honorary Members are defined as the natural persons invited to partake in the Association, suggested by the Executive Board for particular scientific merits and/or because they have contributed in a decisive way, with their work and ideal support, or financial support, to the constitution and development of the association. They are exempted from depositing the annual fees.
5. Supporting Members are defined as the people, the agencies, the Companies, the Associations, which in harmony with the statutory aims of the Association, have assisted it either  by paying out  the related associative quota or with their activity or with donations and contributions.

Upon the act of admission the members will pay their membership, which will be an amount determined annually by the Executive Board. The membership dues are not transmissible and cannot be re-valued.

Amongst the members a uniform rule of discipline regarding the associative relations and formalities applies.

Art. 6

Termination of office of the committee membership shall occur in case of death, resignation, or expulsion.

The expulsion is deliberated on by the Executive Committee with a resolution, owing to the arrears of six months concerning the payment of fees or for activities which are in opposition or in competition with the aims of the association, or in case that the member does not comply with statutory dispositions, regulations or resolutions set out by the Assembly or the Executive Committee.

Such disciplinary measure must be communicated to the proscribed member who, within 30 days after the date of notifying, can lodge an appeal against the decision of the Committee by means of a registered letter to the President of the association. In such case the analysis of the position of the member will be put in order the day of the first operating meeting.

In case of the termination of associative bond, the member can neither request for reimbursement of their associative quota already paid, nor the allocation of part of the assets of the association.

Art. 7

With regards to the associative bond, every member must:

a) observe the laws contained in the present statute and any implementation of regulations;

b)  comply with the resolutions adopted by the associative organisations; such

obligation applies even upon those who haven’t participated in the related

 

assemblies, or that have  been dissentients or have abstained from voting.

 

c) behave in a proper way towards the association;

d)  pay the annual  associative fee periodically

Every member has the right:

a) to participate in all the activities promoted by the association;

b) to participate in the assembly, provided that it is in order with the payment of the associative quota;

Provided the aforementioned rights and duties, the association guarantees to all members uniform discipline of the associative formalities and relations aiming to guarantee the efficacy of the same relation. The membership gives the members or participants above the age of 18 the right to vote for the approval and modification of the statute book and regulations, the budget and for the nomination of the executive bodies of the association. Moreover, it is recognised that all the adult members have the right to vote for all resolutions adopted by the members’ assembly in the field of its jurisdiction.

Any underage members have the same right and the same duties as all the other

 

members have, therein included the right of participation in the assembly, but they will

 

only be enabled to exercise that right of voting in the assembly with their coming of

 

age, without any need of a specific assembly resolution.

 

 

Art. 8

The organs of the association are:

- the General Assembly

-  the Executive Committee

- the President

-  the Auditor

The positions of office are voluntary and unpaid.

The reimbursement of expenses is possible, provided that they are properly documented.

In order to be elected into one of the social positions, it is necessary to have paid the membership fee at the time of election.

GENERAL ASSEMBLY

Art. 9

The members’ assembly is the sovereign organ of the association and is formed by the members.

The assembly is convened by the President.

The President must promptly convene the assembly if the summoning is deliberated by the Executive Committee, or if it is requested in written form by a quorum of at least three tenths of the members who have paid their membership fees. In the request, the topics to be dealt with must be indicated.

For its constitutional validity and the validity of the resolution, at the first convening at least half of the members must be present or, if not, by proxy and the resolutions will be decided by the simple majority of votes.

In case of a second convening, the assembly will be valid regardless of the number of members or of votes and will always deliberate on a simple majority.

The favourable vote of at least two thirds of the members will be necessary for resolutions concerning modifications to the Statute book.

The General Assembly (GA) shall meet at least once every calendar year, within four months following the close of the financial year.

It rests with the general assembly to deliberate on:

- the approval of the balance sheet and the budget;

- the nomination of the Executive Committee and the definition of the number of members;

-  the nomination of the Auditor;

- the approval and modification of the statute and the regulations;

- any other topic over which they are given power by the statute or one which the Executive Committee shall intend to submit.

The assembly is convened by written invitation, or via fax or email sent to all the members and to the Auditor at least eight days prior to that set for the meeting.

Every member can be represented by one other delegate. However no delegate can represent more than one member. Every member has the right to one vote.

ADMINISTRATION

Art. 10

The Executive Committee consists of a number of members varying from three to nine, chosen amongst members who have reached major age. They will hold office for three years and members are re-eligible.

The Executive Committee internally elects a President and, if necessary, a Vice President.

If during the mandate one or more members of the Executive Committee are missing, the Executive Committee shall co-opt other members to substitute the absent ones; the co-opted members will hold office until the first assembly meeting, which will be able to confirm their position in office until the expiry date of the Executive Committee that has co-opted for them.

The Executive Committee is invested with all powers of ordinary and extraordinary administration inherent in the management of the association, with the exception of those that the law or the statute book reserve for the assembly.

The Executive Committee compiles both the budget and final balance sheet, which both have to undergo ratification from the assembly.

The Executive Committee defines the associative fees and establishes the means for the retrieval of necessary funds for the ordinary and extraordinary expenses.

The Executive Committee has the power to nominate “Technical Boards” and any other body reputed necessary for the association’s activities.

The Executive Committee, with a resolution made with the favourable vote of at least three members, shall moreover delegate part of its powers to one or more members of the same Committee.

The Executive Committee shall compile a regulation so as to discipline and organise the activities of the association, which must be submitted to the Assembly for its approval.

The Executive Committee meets at least eight days prior to the day of the meeting, through written communication sent via letter or fax or email to all the members and to the Auditor. In a state of emergency the convocation can be done via telegram, or fax or email forwarded at least two days before the scheduled day for the meeting.

The Executive Committee rules on an absolute majority of its convened members, the President, and the Vice President, or by one third of its components. In case of parity a decision is taken based on what the President has voted.

PRESIDENT

Art. 11

The President, and in their absence or obstruction, the Vice President, is the legal

 

representation of the agency in front of third parties and at trial, and carries out the

 

resolutions of the  Executive Committee.

 

AUDITOR

Art. 12

The Auditor is appointed by the General Assembly. The Auditor, who can also be chosen amongst non members, must have appropriate and proven professional capacities and his/her function is to control the correctness of management in relation to the law and the Statute Book, and to prepare an annual relationship on occasion of the approval of the balance sheet.

The Auditor participates in the meetings and assemblies of the Executive Committee.

BUDGET

Art. 13

The close of the financial year occurs on the 31st December of every year. Within four months after the close of the financial year, the association’s Executive Committee shall submit to the assembly the balance sheet of the previous year and by the 31st December the budget related to the following year.

The distribution of management revenues, as well as funds, reserves and assets is prohibited, even in an indirect way, during the life of the association, unless the destination or distribution is enforced by law or carried out for another association having a similar aim. The association is committed to using any management revenues for carrying out institutional activities and anything directly connected to them.

Art. 14

The association may be dissolved, according to the conditions of art. 27 of the Italian Civil Code:

a) when the estate becomes insufficient with regards to its objectives;

b) for any other reasons mentioned in art. 27 of the Italian Civil Code;

In the case of the dissolution of the association for any reason, the remaining assets will be devolved to either another non profit-making organisation with a similar aim, or for the purpose of public use, save for a different destination enforced by the law at the moment of dissolution.

FINAL PROVISIONS

Art. 15

For anything not already established by the present statute book, refer to the Italian Civil Code and other relevant laws.