Censorship banner.png

HipatiaStatutes

From Wiki - Hipatia
Jump to: navigation, search


Statutes in Italian approved on 19-12-2006

Contents

Statutes of Hipatia

SECTION I - NAME, AIMS, Headquarters

Article 1 - Name

The Hipatia cultural association (henceforth referred to as 'the Association' for brevity) is hereby created.

Article 2 - Headquarters

The Association is based in Torino, C.so Re Umberto, 5, Italia.

Article 3 - Aims

The aims of the Association are:

  • to maintain that knowledge must be free (as in freedom);
  • to support the right of all human beings to access, use, create, modify, distribute and redistribute the knowledge acquired in a free and open way;
  • to promote participatory processes and collective knowledge creation processes;
  • to fulfill, endorse and promote the diffusion of human knowledge in all its shapes and expressions;
  • to support the right of all human beings to keep secrets and to favour the existence and creation of processes that allow its management.

The Association is a non-profit making organization.

Article 4 - Duration

The Association has unlimited duration.

Article 5 - Activities

To achieve its aims the Association may take part in sharing, endorsing and promoting, public and private initiatives and policies.

The Association will promote all the activities that favour the integration of peoples.

The Association may undertake activities which are either directly connected to its institutional goals or accessory to them, insofar as they they form an integral part of the same. The undertaking of commercial activities is permitted only and exclusively if carried out as accessory, auxiliary, secondary, or instrumental to the activity of the Association.

Article 6 - Sections of the Association

The Presidents may constitute local sections of the Association.

The local sections are required to respect the rules of the Association.

The local sections may form legally recognized bodies.

SECTION II - President

Article 7 - Role of President

  • Anyone who undertakes to contribute to the realization of the aims of the Association may become a member.
  • Anyone who belongs to the mailing list of the Association may become a member.
  • Anyone who accepts and agrees to respect the rules of the Association may become a member.

All members have the same rights and duties, derived from the law and the Hipatia Statutes. The Role of President is expressly excluded to be time limited. All adult members have the right to vote in the Assembly following the criterion of one vote per person as laid down in Article 25322, inclusively for the approval of and changes in the Statute and the rules, and for the nomination of the governing bodies of the Association.

All members are free to take on social duties. membership of the Association is of a voluntary nature.

Article 8 - Admission of the President

Admission to the Association is deliberated on by the Assembly and depends on the submission of a written request by which the person requesting admission demonstrates satisfaction of the requirements stated above. The Assembly will decide on admission of members within 30 days.

There is no limit on the number of members.

Article 9 - Resignation and exclusion of the Presidents

Membership may be lost due to:

  • resignation
  • exclusion for breach of the obligations imposed by the Statute
  • exclusion for behavior contrary to the aims of the Association.

Exclusion of members is decided by the Executive Council of the Association. In any case, before proceeding to exclusion, the Executive Council must send the member a communication through the Mailing List and a personal message in which the claimed violations are indicated, inviting the member to make observations on the blame within 15 days.

The member may contest his/her exclusion by requesting the Assembly to deliberate on the legitimacy of the same within 15 days of the date of the communication of the exclusion.

The Assembly will deliberate on the member's request during the first meeting following the member's request. Deliberation on the exclusion of the member will be placed on the agenda of the Assembly.

Article 10 - Membership fee

The Assembly, if and when it recognizes the need taking into account the management requirements as indicated by the Treasurer or any of the Presidents, may establish that the Presidents are required to pay a yearly membership fee.

The potential membership fee has to be payed by the 31st of march of every year to the Treasurer of the Association. The President who is in arrears in the payment of the fee is banned from the right of voting in the Assembly. The membership fee cannot be passed on or refunded.

SECTION III - SOCIAL COMMUNICATIONS

Article 11 - Mailing list of the Association and email of the President

The President recognizes and accepts the list hipatia@listas.hipatia.info as Mailing List of the Association, accessible at the URL: http://listas.hipatia.info/cgi-bin/mailman/listinfo/hipatia. The Assembly may change the Mailing List of the Association after deliberation. The President recognizes that the e-mail address provided by the President himself/herself and confirmed when applying for membership subscription constitutes domicile of the President and accepts to receive every notification related to the activities of the Association to the same e-mail address. The President recognizes and accepts that any notice related to the activities of the Association transmitted by the Mailing List of the Association is considered to be received at the date in which the communication has been processed by the server of the Mailing List of the Association.

Article 12 - Security Measures

The Assembly establishes its own regulation of procedures and security measures sufficient to guarantee the identity of the sender and the integrity of the content of the communications of the President. The President recognizes that the procedures and safety measures provided for the technical rules are suitable and sufficient for the working of the Association. The President undertakes to constantly verify the suitability of the procedures and security measures, hence, if they become insufficient or not suitable in the future or in any case not suitable in relation to the new technical conditions, he / she must immediately communicate to the Association suggesting the appropriate improvements, which should be adopted with a vote of the Assembly

The President expressly renounces the right to question the validity of a communication transmitted through the Mailing List of the Association, producing as only reason the fact that it has been sent electronically. The President recognizes that the logs of the server of the Mailing List of the Association are, until proved otherwise, the proof of the facts contained in the logs themselves. The President, when requested, undertakes to send, in the requested methods, receipt of the reception of the e-mail communication which has been sent to him/her and to modify the data in his/her user account in the Mailing List of the Association in case they would not be up-to-date.

Article 13 - Register of the Association

The Presidents recognize and accept as website of the Association the website located at the URL http://www.hipatia.info . The Assembly may change the website of the Association after deliberation. The website constitutes the Register of the Association in which the social communications are put following the indications of the Statute.

SECTION IV - ASSETS

Article 14 - Assets

The Assets of the Association are composed by:

  • any membership fees paid by the Presidents;
  • proceeds deriving from services and from the carrying out of activities, also of commercial kind;
  • real estates and movables, contributions, liberalities, grants, financings or donations of any kind given to the Association by public or private subjects.

The profit, budget surpluses and the resources of the Association must be exploited exclusively to achieve the aims stated in the article 3 of this Statute. It is expressly forbidden to redistribute, also indirectly, profit and budget surpluses nor funds, reserves or capitals during the life span of the Association unless the distribution or the destination should be imposed by law.

In case of dissolution of the Association its assets will be donated to another association with similar aims or for public usefulness after the body of control of article 3, paragraph 190, law 23 December 1996, n. 663., excepted different destination imposed by law.

SECTION V - ORGANIZATION

Article 15 - Bodies

The Association is composed of the following bodies:

  • the Assembly;
  • the Bureaucrat;
  • the Assistant Bureaucrat;
  • the Secretary;
  • the Treasurer;
  • the Budget managers.

SECTION VI - ASSEMBLY OF THE PRESIDENTS

Article 16 - Task of the Assembly

The Assembly is the sovereign body of the Association and can deliberate about any topic related to the life, organization and activities of the Association.

In any case, the Assembly must:

  • approve every year before the 31st of March the budget plan and the final balance submitted by the Treasurer and the Budget managers;
  • approve of internal regulations;
  • edit the Statute;
  • deliberate, if it is believed appropriate to request one, the amount of the yearly membership fee requested to the Presidents;
  • delegate, if it is believed appropriate, certain executive tasks or technical /administrative tasks to one or more Presidents.

Article 17 - Meeting of the Assembly

The Assembly gathers at least once a year. The Assembly may call a meeting and deliberate also electronically ('Virtual Meeting'). The technical methods of the Virtual Meeting are decided by rulings approved by the Assembly. The voting in a electronic way is expressly admitted and considered valid when the notice of call of the Assembly contains the whole text of the proposed deliberate and the votation is realized in the way provided by the regulations of the Assembly.

At the Assembly all the Presidents may participate and all the members who payed any fee membership at the time of the voting. The effectiveness of the deliberates of admission of the new Presidents raised in the previous three months the election of the new members of the Executive Council is suspended until the conclusion of the Assembly in which the new members of the Executive Council are elected.

Article 18 - Convocation of the Assembly

The convocation of the Assembly is proposed by anyone of the Presidents through a communication reporting the agenda, the date and place of the meeting, physical or virtual and must be approved by at least another President of the Association.

The convocation of an Assembly with an agenda of modification of the Statute or election of new members of the Executive Council must be proposed and accepted at least 30 days before the fixed date and, within the same end, it is posted in the Record of the Association.

Article 19 - Moderation and Log of the Assembly

The Assembly is presided by the person indicated by the Assembly itself.

The minutes of the meetings and deliberations of the Assembly are edited and published in the Record of the Association, by the Secretary, within 30 day from the end of the Assembly.

Article 20 - Constitution of the Assembly

The Assembly is effectively constituted with any number of present Presidents.

Article 21 - Majorities of the Assembly

The deliberations to modify the Statue are taken after ayes of the absolute majority of the Presidents with entitlement to vote.

With the exclusion of what provided by the previous statement, the deliberations of the Assembly are taken by simple majority of the Presidents with entitlement to vote.

The Association may change its Headquarters or change the Mailing List of the Association or the Website of the Association by simple majority deliberation by the presents with entitlement to vote.

In no case is the delegation of votes allowed.

SECTION VII - BUREAUCRAT

Article 22 - Task of the Bureaucrat

The Bureaucrat, or in case of impediment or cessation of his/her post, the Assistant bureaucrat, represents the Association is substance and in person.

The Bureaucrat complies with the deliberations of the Assembly.

Article 23 - Election of the Bureaucrat

The Bureaucrat is elected by the Assembly among its members. The Bureaucrat remains in office for 2 years.

In case the Bureaucrat stops, for any reason, his/her charge before the end of his/her mandate, the Assistant Bureaucrat will wield his/her tasks. After the term of office the bureaucrat will follow the next Bureaucrat offering cooperation and advice.

SECTION VIII - ASSISTANT bureaucrat

Article 24 - Assistant bureaucrat

The Assistant bureaucrat substitutes the Bureaucrat in case of his/her absence or impediment and helps the Bureaucrat in the carrying out of his /her office.

The Assistant bureaucrat is elected bu the Assembly among its members.

The Assistant bureaucrat remains in office for 2 years.

SECTION IX - SECRETARY

Article 25 - Secretary

The Secretary of the Association must:

  • draw up the minutes of the Assembly;
  • take care of the prompt publishing of the minutes and deliberations in the Record of the Association;
  • take care of -- with the Treasurer -- the updating of the database of the Presidents and publish it in the Record of the Association.

The Secretary is elected by the Assembly among its members.

The Secretary remains in office for 2 years.

After the term of office the Secretary will follow the next Secretary offering coopertation and advice.

SECTION X - TREASURER

Article 26 - Treasurer

The Treasurer must:

  • coordinate the activities of the Budget managers and foster the assets of the Association or supervise the activities of the Budget managers who undertake to foster part of it;
  • maintain the account book integrating it with the figures provided by the budget managers;
  • file any justification documents;
  • be accountable to the Assembly of the Presidents;
  • report yearly to the Assembly of the Presidents;
  • verify that every spending is done by permission of the Assembly of the Presidents;
  • arrange to collect any yearly membership fee;
  • prepare the budget plan and the final balance submitted every year to the Assembly;
  • maintain -- with the Secretary -- the updating of the database of the Presidents.

The Treasurer is elected by the Assembly among its members.

The Treasurer remains in office for 2 years.

After the term of office the Treasurer will follow the next Treasurer offering cooperation and advice.

Article 27 – Budget manager

There may be Budget managers who, for the part of the assets assigned to them and for the whole term of the project for which they have been appointed must:

  • foster the part of assets of the Association which management has been entrusted to them;
  • keep the accounts of the part of assets which management has been entrusted to them;
  • file any justification documents;
  • provide in time to the Treasurer the figures necessary to account for them to the Assembly of the Presidents;
  • report yearly to the Assembly of the Presidents.

The budget managers are elected by the Assembly among its members.

The budget managers remain in office for 2 years.

SECTION XI - DISSOLUTION REGULATIONS

Article 28 - Deferment

For anything not expressly regulated in this Statute the specific laws applicable for unrecognized associations are recalled.