| 1 |
--- |
| 2 |
layout: page |
| 3 |
title: "Statutes" |
| 4 |
--- |
| 5 |
|
| 6 |
## Article 1 - Naming of the association ## |
| 7 |
|
| 8 |
We, the participating active members declare to abide by the following |
| 9 |
statutes and to found an association under the law of July 1, 1901 |
| 10 |
(French law) and the ordinance of August 16, 1901, denominated: |
| 11 |
Organization for Free Software in Education and Teaching. |
| 12 |
|
| 13 |
## Article 2 - Declaration of subject-matter ## |
| 14 |
|
| 15 |
The present association considers as its foremost purpose the |
| 16 |
promotion and enhancement of the development of free educational |
| 17 |
software and likewise the support of unimpeded access to free |
| 18 |
standards of software for education. |
| 19 |
|
| 20 |
## Article 3 - Registered seat ## |
| 21 |
|
| 22 |
The registered seat shall be at Bonneville, France. The seat can be |
| 23 |
transferred through unilateral decision by the council of |
| 24 |
administration. |
| 25 |
|
| 26 |
## Article 4 - Duration of association ## |
| 27 |
|
| 28 |
There shall be no set time limit to the duration and continuation of |
| 29 |
the association. |
| 30 |
|
| 31 |
## Article 5 - Members and general structure of the association ## |
| 32 |
|
| 33 |
The structure of membership be the following: |
| 34 |
|
| 35 |
* honorary members |
| 36 |
* sponsorial members |
| 37 |
* governing or participating members |
| 38 |
|
| 39 |
Honorary members are named individuals with distinct contributions to |
| 40 |
the promotion of the association objectives. They are exempt from |
| 41 |
subscription fees. |
| 42 |
|
| 43 |
The annual subscription fee for sponsorial members is determined by |
| 44 |
the interior regulation of the association. |
| 45 |
|
| 46 |
Governing members have committed themselves to the payment of an |
| 47 |
annual subscription determined by the interior regulation. |
| 48 |
|
| 49 |
## Article 6 - Membership ## |
| 50 |
|
| 51 |
The conditions for application are determined by interior |
| 52 |
regulation. The governing administration may decline an application |
| 53 |
without specifying. |
| 54 |
|
| 55 |
## Article 7 - Exclusion and termination of membership ## |
| 56 |
|
| 57 |
Membership is terminated by: |
| 58 |
|
| 59 |
* written notice of withdrawal |
| 60 |
* decease |
| 61 |
* expulsion and termination declared by the council of administration |
| 62 |
for reasons of non-payment of subscription fees, or for other |
| 63 |
serious offense against the ruling statutes, for disrespect of the |
| 64 |
interior regulation or for other serious action detrimental for the |
| 65 |
spirit of the substance of the association. |
| 66 |
|
| 67 |
## Article 8 - Resources and funds ## |
| 68 |
|
| 69 |
The following be the basic resources of the association: |
| 70 |
|
| 71 |
* subscription fees by active members |
| 72 |
* donations and subsidies in compliance with the legal regulations |
| 73 |
* funds and contributions obtained through the association activities. |
| 74 |
|
| 75 |
## Article 9 - Council of administration ## |
| 76 |
|
| 77 |
The governing body of the association is a council of members co-opted |
| 78 |
into office for a period of two years. The members of the council can |
| 79 |
be reelected. The maximum number of members for the council is |
| 80 |
fifteen. |
| 81 |
|
| 82 |
The council of administration will elect among the members a governing |
| 83 |
board composed of the following: |
| 84 |
|
| 85 |
* a president |
| 86 |
* a vice-president |
| 87 |
* a secretary, and, if required, an assistant secretary |
| 88 |
* a treasurer, and, if required, an assistant treasurer |
| 89 |
|
| 90 |
The members of the governing board are elected for one year to be |
| 91 |
re-enacted. |
| 92 |
|
| 93 |
The President of the governing board is the President of the |
| 94 |
association. |
| 95 |
|
| 96 |
The council of administration is vested with extended powers to decide |
| 97 |
on and implement any action leading towards the achievement of the |
| 98 |
association's objectives as well as concerning its management, its |
| 99 |
development and its appropriate functioning. The council may also |
| 100 |
decide on the modification of statutes. |
| 101 |
|
| 102 |
## Article 10 - Sessions of the council of administration ## |
| 103 |
|
| 104 |
The administrative council meets at least once every six months at the |
| 105 |
request by the President or of one fourth of its members. Decisions |
| 106 |
have to be taken by majority vote. In the case of parity of votes, the |
| 107 |
President's vote will prevail. Any members of the administration |
| 108 |
council who will have been absent at three consecutive sessions |
| 109 |
without proper excuse or justification may be considered as resigned |
| 110 |
from office. |
| 111 |
|
| 112 |
The sessions will take place in accordance with the interior |
| 113 |
regulation and with regard to the means of communication to be |
| 114 |
utilized. |
| 115 |
|
| 116 |
## Article 11 - Non-profit administration ## |
| 117 |
|
| 118 |
The members of the council of administration of the association will |
| 119 |
not receive any remuneration for the exercise of the functions they |
| 120 |
have been entrusted with. They may, however, obtain the reimbursement |
| 121 |
of the expenditure incurred for the association on production of |
| 122 |
documentation and after the consent of the council of administration. |
| 123 |
|
| 124 |
## Article 12 - Duties of the members of the governing board ## |
| 125 |
|
| 126 |
The President summons all general meetings and the meetings of the |
| 127 |
administration. His part is to represent the association in all civil |
| 128 |
acts and procedures and to ensure the proper registration of such. In |
| 129 |
the case of absence or illness, his place is taken over by the |
| 130 |
vice-president who is then invested with the above authority. |
| 131 |
|
| 132 |
The secretary is in charge of all correspondence and the archives. His |
| 133 |
duty is to draw up the minutes of the council meetings and to file |
| 134 |
them properly. In the case of absence or illness, his place is taken |
| 135 |
over by the assistant secretary who then is invested with the above |
| 136 |
authority. |
| 137 |
|
| 138 |
The treasurer is in charge of all matters concerning the funds and |
| 139 |
assets of the association. He administers all payments under the |
| 140 |
surveillance of the President. He maintains a regular accountancy of |
| 141 |
all financial operations. In the case of absence or illness, his place |
| 142 |
is taken over by a member of the council of administration designated |
| 143 |
by the President. This member is then invested with the above |
| 144 |
authority. |
| 145 |
|
| 146 |
## Article 13 - General assembly ## |
| 147 |
|
| 148 |
The general assembly comprises all members of the association |
| 149 |
irrespective of the their status. |
| 150 |
|
| 151 |
The general assembly is summoned by the President. With fifteen days |
| 152 |
at least in advance to the date of the assembly, the members are |
| 153 |
notified by the secretary who will simultaneously send a specification |
| 154 |
of the assembly along with an agenda. |
| 155 |
|
| 156 |
The President, assisted by the members of the council, presides the |
| 157 |
assembly and submits a statement on the actual situation of the |
| 158 |
association. |
| 159 |
|
| 160 |
The treasurer submits the accounts and the balance for approval by the |
| 161 |
assembly. |
| 162 |
|
| 163 |
The general assembly then enters a debate on each itemized topic of |
| 164 |
the agenda. |
| 165 |
|
| 166 |
Any member of the association may submit to the council of |
| 167 |
administration additional items to the agenda. The deadline for |
| 168 |
submission is seven days in advance to the set date of assembly. Any |
| 169 |
proposal or motion supported by at least one quarter of the votes of |
| 170 |
the members participating or represented will figure additionally on |
| 171 |
the agenda. |
| 172 |
|
| 173 |
The results of debate by the general assembly are voted as accepted by |
| 174 |
single majority by the participants present or represented. |
| 175 |
|
| 176 |
In the case of parity of votes, the votes of the President |
| 177 |
prevail. Any active member may be represented by another member as |
| 178 |
specified by the internal regulation. |
| 179 |
|
| 180 |
The general assembly must only deal with items figuring on the |
| 181 |
approved agenda. |
| 182 |
|
| 183 |
## Article 14 - Extraordinary assembly ## |
| 184 |
|
| 185 |
Due to exceptional circumstances or on the express request of more |
| 186 |
than half of the members enrolled, the President may summon an |
| 187 |
extraordinary assembly following the ruling of article twelve. |
| 188 |
|
| 189 |
## Article 15 - Interior regulation ## |
| 190 |
|
| 191 |
An interior regulation can be established by the council of |
| 192 |
administration. |
| 193 |
|
| 194 |
This potential regulation is destined to define all points and details |
| 195 |
that had not been initially included in the statutes. |
| 196 |
|
| 197 |
## Article 16 - Dissolution and termination of the association ## |
| 198 |
|
| 199 |
In the case of voluntary dissolution, either statutory or requested by |
| 200 |
law, the council of administration will transfer all available funds |
| 201 |
and assets to a non-profit association of similar orientation. |
| 202 |
|
| 203 |
*Taipei, the 27 of April 2000* |