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Alapszabály ANGOL

 Eredetiből fordította: Tábi Emőke

 

ARTICLES OF ASSOCIATION

The undersigned Founders established the “Fokél” Freestyle Hand Weapon Sports Association on the basis of section (1) of Article 12 of Act 2 of 1989 on the Right of Association.

The General Assembly of “Fokél” Freestyle Hand Weapon Sports Association on 26 September 2009 accepted the following consolidated and amended Articles of Association.

I.

Details of the Association

1. Name of the Association:              Fokél” Freestyle Hand Weapon Sports Association

Short Name for the Association:  “Fokél” SA

2. Headquarters of the Association:  1102 Budapest, Kőrösi Csoma Sándor Út 7 V / 31

3. Area of operation:                          Hungary

II.

The objectives and tasks of the Association

1. The objectives of the Association

-        reviving the usage of antique and medieval hand weapons; researching, practicing and teaching their usage

-        providing opportunity to try out martial techniques of various styles and from different eras

-        developing individual martial arts styles and techniques with the use of hand weapons

-        familiarization with different types of swords and bows from different eras

-        practicing and teaching traditional archery

-        practicing and teaching traditional fencing, with weapons from different eras and regions

-        promoting the corporeal and mental development of young people, raising their interest in history

-        acquiring close combat techniques with hand weapons made of wood

-        developing self-discipline, self-knowledge, self-control and intelligence

-        formation of a creative community

-        organization of camps

-        handicraft sessions (leatherworking, carving, painting, etc.)

2. The Association performs the following activities of public benefit included in section c.) of Article 26 of Act 66 of 1997 on Public Benefit Organisations:

3. scientific activities, research;

4. education and instruction, development of skills, dissemination of general knowledge;

5. cultural activities;

6. preservation of cultural heritage;

14. sports (with the exception of sports activities pursued on the basis of employment or commission as defined by the civil law)

 

3. Publicity of the operation, services and reports of the Association is provided through publications on leaflets, in journals and other kinds of printed material, and on the internet.

4.  The Association as a public benefit organization does not exclude non-members from the

provision of its public services.

5.  The Association as a public benefit organization carries out entrepreneurial activities only in order to achieve its public benefit objectives, and without endangering them. The Association may not divide up its profit drawn from its activities. Profits shall be used for the objectives set out in the Articles of Association.

6.  The Association does not participate in direct political activity, it is independent from political parties, and may not offer financial support for them. Participation in party politics, and the nomination of candidates for parliamentary elections or for municipality elections in the counties or in the capital qualify as direct political activity.

7.  The Association as a public benefit organization operates publicly, its services are available for any person without limitation.

3 Members of the Association

(1) Membership of the Association requires the natural person, legal entity or its organization to acknowledge the objectives and provisions included in this Article of Association, and to sign the Articles at the time of establishment. In case of later accession, a request for membership shall be assented to by the Presidential Board. The request for membership shall include a declaration of the acquaintance with the Articles of Association and the acknowledgement of the Articles, objectives, mentality, scale of values and established customs of the Association as a personal obligation.

(2) Decision on the admission of new members is within the competence of the Presidential Board. On the basis of a request for membership, the Presidential Board decides by simple majority rule. Membership is established after the assent of the Presidential Board to the request for membership.

(3) The Presidential Board of the Association is obliged to keep an up-to-date record on its members.

 

(4) The Presidential Board may decide by simple majority rule on offering honorary membership to natural persons whom they consider as worthy of the title. Honorary membership is established after a signed acknowledgement from the candidate. Honorary membership does not originate membership rights and obligations within the Association, with the exception of the honorary member's right to participate, speak up, give opinion and make proposals on relevant questions in the General Assembly. Furthermore, the honorary member is obliged to comply with the Articles of Association, and to act in accordance with the interests of the Association.

 

(5) In the subsequent provisions of the Articles of Association, the term "member" applies only to the regular members of the Association, the provisions concerning honorary members shall always contain the exact term "honorary member".


(6) Membership of the Association is terminated 

- in case of the death of a natural person, or the termination of a legal person without legal successor,
- by declaring withdrawal in a written form,
- by exclusion,
- in case of the dissolution of the Association.


(7) Members are obliged to declare their intention of withdrawal in a written form towards the Presidential Board. The withdrawal is valid from the time of declaration towards the Presidential Board.

(8) The General Assembly, with a qualified majority vote of at least three-quarters majority  from the members present with voting right, may exclude members from the Association who repeatedly or seriously violated any obligations that originate from the membership of the Association, thus especially: in case a member fails to pay the membership fee after more than three months of its due date, in spite of the receipt of a written request, or if a member displays a behaviour that is not in accordance with the objectives, mentality or the Articles of the Association.

(9) The General Assembly shall be summoned according to general rules, with the attachment of an appendix to the invitation that states precisely those neglects of obligations on the basis of which the Association would propose the exclusion of a member. Any neglect of obligations that is not included in the invitation may not be discussed by the General Assembly. A member who appears before the General Assembly under exclusion procedure shall be given the opportunity of oral defence against the censure. In case of the absence of a member who was informed according to the rules (with an acknowledgement of receipt), the General Assembly may also decide on the exclusion of the member. The decision of the General Assembly shall be sent in a written form as a recorded delivery to the member under exclusion procedure. In this letter, the excluded member shall also be informed of the possibility of legal redress.

(10) The General Assembly, with a qualified majority vote of at least three-quarters of majority vote from the members present with voting right, may withdraw the title from an honorary member in case the honorary member displays a behaviour that is not in accordance with the objectives, mentality, scale of values or the Articles of the Association.

 

4.  Membership rights and obligations:


(1) Members of the Association are entitled to:

 

- participate on the programmes organized by the Association, initiate the discussion of certain questions,

- a natural person member in person, a legal person member through its representative to participate in the General Assembly with an equal voting right with other members, to speak up, give opinion, make proposals and vote,

- members may elect and be elected. Non-natural person members proceed through their legal representatives during the operation of the Association.


(2) Members of the Association are obliged to:


- observe the Articles of Association and the internal rules of the Association, as well as the provisions made by the bodies of the Association;  be respectful of the objectives, mentality and scale of values of the Association,

- proceed according to the resolutions of the General Assembly of the Association which are obligatory to members,

- pay the membership fee in due time, the amount of which is determined annually by the General Assembly.

 

(3) Non-natural person members may exercise their rights and fulfil their obligations through their legal representatives. Natural person members may only exercise their rights in person, authorized representatives shall not be accepted.

(4) If the Articles of Association do not provide otherwise, all members of the Association have an equal share in the rights and obligations.

5 Organization of the Association, rules of incompatibility:

(1) The supreme organ of the Association is the General Assembly (Article 6), which includes all members. The administrative and representative tasks of the Association, as well as the daily operational tasks are directed and accomplished by the Presidential Board (Article 7), the administrative and representative body of the Association which consists of three members. The chief officers of the Association are: the President (Section 8), further presidential members (Vice President, Secretary).

(2) Only a member of the Association may be a member of the administrative body of the Association.

 

(3) Any person who or whose close relative or spouse (hereinafter collectively: "relative") is released from an obligation or liability by the resolution, or is granted a benefit of any kind by the resolution or is in any way interested in the legal transaction, may not take part in making the resolution in the supreme or managing body of the Association. Non-financial assignments available for any person without limitation or assignments given by the Association to its members on the basis of membership only in line with the provisions of these Articles of Association shall not be taken for a benefit.

 

(4) A person, who was a chief executive officer of a public benefit organisation for at least one year in the two year period before the termination of the public benefit organisation failing to pay its public rates and taxes as defined in the Act on Taxation, may not be a chief executive officer of any other public benefit organization before the expiry of two years after termination.


(5) 
Any chief executive officer or candidate for such position shall inform the Association in advance about being simultaneously in such position at another public benefit organization.

6 The General Assembly:

(1) The supreme body of the Association is the General Assembly, which shall be congregated at least once a year (ordinary General Assembly). The President is entitled to congregate the General Assembly on any other occasion. Furthermore, the President is obliged to congregate the General Assembly on request of at least one-third of the members who indicate their reason and purpose, or any of the officers who hand in a written request, or by court decision (extraordinary General Assembly). In case of the initiation of an extraordinary General Assembly, the President is obliged to examine the lawfulness of the request without delay, and in case of lawfulness to appoint its date within 30 days from receipt of the request, so that the invitations may be delivered according to the rules. In the General Assembly, the President acts as chairperson, and is responsible for keeping minutes of the meeting.

(2) Powers of the General Assembly:

a) establishing and amending the Articles of Association

b) determining the annual budget

c) accepting the annual report of the President and the report on the non-profit operation

d) accepting the merger with another association, declaring dissolution

e) excluding from the membership of the Association, withdrawing the honorary member title

f) electing and recalling the members of the Presidential Board and the President

 

(3) The President shall summon the General Assembly by sending a preliminary written notice to each registered member. The date of the General Assembly shall be determined in consideration with the date determined by the provisions of law concerning the accountancy rules of public benefit organizations. Invitations shall be sent to the members at least 15 calendar days previous to the planned date, requiring an acknowledgement of receipt. The invitation shall include the items of the agenda, and in case the General Assembly does not have a quorum, shall indicate the exact place and time of a possible reconvened General Assembly. The reconvened General Assembly shall have a quorum concerning the matters of the original agenda, irrespective of the number of members present. The reconvened General Assembly shall be summoned within 15 days from the date of the cancelled General Assembly. The date of the reconvened General Assembly shall be indicated in the invitation to the original General Assembly, with a notice of warning of the consequences of absence. Meetings of the General Assembly are open to the public.

(4) The General Assembly shall have a quorum if more than 50% of the members with voting right are present.

(5) The General Assembly shall decide on matters belonging to its powers by a simple majority vote from the members present with voting right, except for points a), d), e) and f) (within this point, only recalling), in which cases a qualified majority vote (at least three-quarters majority) from the members present with the right to vote is required. In case of a tied vote, the vote of the President shall decide. Members of the Presidential Board and the President may be recalled in case of violation of obligations originating from the officer's position as determined by the Articles of Association or the provision of law. The General Assembly shall provide the officer the opportunity of oral defence against the censure. The officer against whom a recall process is initiated may not exercise voting right in the decision on recall.

(6) The member under exclusion procedure may not exercise voting right in the decision on member exclusion.

(7) The General Assembly makes resolutions on the acknowledgement of the annual report and the report on the non-profit operation according to general rules, with a simple majority vote from the members present with voting right.

(8) The General Assembly elects a chairperson at the beginning of the meeting by a simple majority vote from the members present with voting right.

(9) The General Assembly shall inform the affected parties of the resolutions in a verifiable way. The President is obliged to record the resolutions of the General Assembly in the Book of Resolutions, which shall be verified by one of the members verifying the minutes of the meeting. The Book of Resolutions shall contain the resolutions in a format that ascertains the content, time and effect of the decision of the General Assembly, and the quota of the members (if possible, their person) for and against the decision.

(10) The minutes of the meeting shall be verified by the signature of the President and two members elected as verifying members.

7 The Presidential Board:

 (1) The managing body of the Association is the Presidential Board, consisting of three members elected for the duration of 5 years by the General Assembly by secret simple majority vote.

(2) The Presidential Board shall hold a meeting if required, but at least four times a year. The Presidential Board shall have a quorum if each member of the Presidential Board is present. Meetings of the Presidential Board are open to the public.

 (3) The Presidential Board shall make resolutions by an open and simple majority vote except for the resolutions that require qualified majority votes, according to provisions of law. The affected parties shall be informed of the resolution in a verifiable way.

(4) The President shall summon the meetings of the Presidential Board by sending a preliminary written notice to each member of the Presidential Board. Invitations shall be sent to the members of the Presidential Board at least 15 calendar days previous to the planned date, including the items of the agenda. The Presidential Board shall otherwise determine the rules of its procedure.

(5) Powers of the Presidential Board:

a) determining the amount of the annual membership fee, except for the annual membership fee to be paid in the year of establishment

b) making resolutions that are obligatory to the members of the Association

c) accepting the rules of procedure

d) assenting to the admission of new members

e) preparing the draft of the report on the non-profit operation and presenting it to the General Assembly for assent

f) making decisions in any other matter that does not belong to the exclusive powers of the General Assembly

 

(6) Membership of the Presidential Board shall be terminated by recall from the General Assembly, in case of the death or resignation of the member, the expiry of the period the officer is elected for, and in case of disqualification defined by the provisions of law, in which cases the General Assembly shall elect a new member of the Presidential Board. The commission of the newly elected member of the Presidential Board shall be of the same duration as the  commission of the current members of the Presidential Board.

(7) Members of the Presidential Board may resign from their office at any time.

 

(8) The President is obliged to record the resolutions of the Presidential Board in the Book of Resolutions. The Book of Resolutions shall contain the resolutions in a format that ascertains the content, time and effect of the decision of the Presidential Board, and the quota and person of the members for and against the decision.

(9) The minutes of the meeting of the Presidential Board shall be signed by each member.

8 The President:

(1) The President is a chief executive officer elected for the duration of 5 years by a secret and simple majority vote of the General Assembly.

(2) The President as an individual person is entitled for the representation of the Association.

(3) The President as an individual person is entitled to dispose over the bank account of the Association.

(4) Powers and tasks of the President:

- developing and managing the administrative body of the Association

- exercising the employer’s rights over the employees of the Association

- responsibility for the execution of the resolutions made by the General Assembly and the Presidential Board

- preparing and presiding over the meetings of the Presidential Board

- representing the Association in front of third parties, authorities and the court of justice

- keeping record of the resolutions of the General Assembly and the Presidential Board of the Association in a format that ascertains the content, time and effect of the decision of the managing body, and the quota of the members (if possible, their person) for and against the decision

- preparing and presenting the draft of the annual report to be assented to by the General Assembly

- providing the availability of the documents related to the operation of the Association, the annual reports of the President, the reports on the non-profit operation, as well as the previous resolutions of the General Assembly for anyone requesting, in consideration with the individual's right of privacy and data protection

- informing the affected parties of the resolutions of the General Assembly and the Presidential Board as indicated by the Articles of Association

- publishing the resolutions of the General Assembly and the Presidential Board, and the reports of the Association on the homepage of the Association (www.arpadnepe.uw.hu)

9 The Vice President:

The Vice President acts as a substitute for the President in case of prevention from performing the presidential tasks. In case of permanent prevention lasting over one year, a new President shall be elected. In this case, the Vice President is responsible for congregating and presiding over the General Assembly.

10 The Secretary:

The Secretary is responsible for the handling of the documents of the Association and the invoices of income and expenses, as well as acting as cashier.

11 The Supervisory Board:

The annual income of the Association as a public benefit organization does not exceed HUF 5,000,000, therefore the establishment of  a supervisory body as indicated by Act 156 of 1997 is not necessary, and such body shall not be established by the General Assembly. In case the annual income exceeds HUF 5,000,000, the General Assembly shall provide for the adequate amendment of the Articles of Association and the election of a supervisory body. 

12 Operation and management of the Association:

(1) The Association as a social organization may commence its activities on the day the resolution on its registration takes legal effect.

(2) The Association shall provide for the publicity of the report on the non-profit operation, as well as for the publicity of information on its operation, availability of services, and reports by publishing on the notice board located at the headquarters, and on the homepage of the Association. The President is obliged to publish the resolutions of the General Assembly and the Presidential Board on the notice board and on the homepage of the Association within 15 days from the making of the resolution.

(3) The President is obliged to provide for the availability of the documents related to the operation of the public benefit organization, and thus the report on the non-profit operation for anyone requesting. The request for review shall be sent to the President in a written form. The President is obliged to grant the request for review for a public agency or a representative of the authorities within a specified time settled in the resolution of the authority, or in other cases within a specified time settled with the person requesting.

(4) The Association shall manage its resources consisting of membership fees, the monies granted by supporters and any other possible income.

(5) The amount and way of payment of the membership fee is determined by the Presidential board, except for the membership fee to be paid in the year of establishment. The Presidential Board shall keep a record of the members' payment of membership fees which corresponds to the membership file. The members shall only be liable for the debts of the Association up to the due membership fees.

(6) The Association manages its assets independently, and shall be liable for its debts up to the value of its assets.

(7) The Association may not divide up its profits drawn from its activities. Profits shall be used for the objectives defined by the Articles of Association.

(8) The Association does not conduct any investment activity, therefore it is not obliged to form investment rules.

(9) The Association may receive subsidies from the subsystems of the State Budget only under the terms of a written agreement, except for normative subsidies. The agreement shall set out the terms and conditions of settlement of accounts. The access to and amount of available funds shall be published on the homepage of the Association. All information regarding the direct supports given by the Association as a public benefit organization shall be available for the public.

(10) The Association may not give any direct support of any kind to any decision maker, any supporter or close relatives of such persons other than support unlimitedly available for any person in general, or support given by any social organization to its members according to the Articles of Association.

(11) The Association may not issue a bill of exchange or any debt securities of any kind.

(12) The Association may not borrow moneys to develop its business in an amount which might endanger its public benefit operation; and may not use the amount of support from the subsystems of the State Budget to secure or repay loans.

(13) The accounting and registering rules of the Association are governed by Articles 18-20 of Act 156 of 1997.

(14) The Association is not founded by its members primarily for the purpose of performing business activities. The Association may only perform secondary entrepreneurial business activities in order to achieve its objectives, and in a way that does not endanger its public benefit operation.

(15) The Association is subject to supervision by the prosecution regarding the legality of its operations.

13 Dissolution of the Association:

(1) The Association shall be dissolved in case the General Assembly declares its dissolution or merger with another social organization.

(2) Furthermore, the Association shall be dissolved in case an organization entitled to dissolve it decides on or verifies its dissolution.

(3) In case of the dissolution of the Association, the assets shall primarily be appropriated for satisfying the creditors. The General Assembly shall decide on the appropriation of the assets remaining after satisfying the creditors.

(4) In case the Association is dissolved, or its dissolution is verified, and there is no resolution about the appropriation of the assets, the assets remaining after satisfying the creditors shall become the property of the State and shall be used for non-profit purposes. The appropriation of the assets shall be made public.

 (5) The public benefit organization shall, when its public welfare status ceased, pay its public debts and shall proportionally fulfil its obligations arising from the agreement on providing public services.

14 Closing provisions:

(1) Any matters not regulated in this Articles of Association shall be governed by Act 4 of 1954 on Civil Code, Act 2 of 1989 on the Right of Association, and Act 156 of 1997 on Public Benefit Organizations of the Republic of Hungary, as well as further relevant and prevailing provisions of law.

(2) The Articles of Association were unanimously assented to by the founding members of the Association on the statutory meeting held on 26 September 2009 in Budapest.

(3) The President is obliged to present the Articles of Association to the Budapest Metropolitan Court with a request for registration, and with the required attachments.

26 September 2009, Budapest

........................................
President



Attest: