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NOLITE TIMERE ONLUS STATUTES
TITLE I - NAME - BASE - DURATION
Art. 1) A charitable institution named “Nolite Timere” is constituted according to the regional, national and European laws which regulate the charity work. Its purpose is to promote the material, spiritual and cultural needs of every human being.
Art. 2) Its headquarter is in Via Monte Sion 15, Giugliano in Campania (Naples, Italy).
Art. 3) Its duration is unlimited.
TITLE II - PURPOSE - STRUCTURE - METHODS
Art. 4) With a nonprofit legal status, uniquely for charitable purposes, and with the personal and voluntary services of the associates, the Nolite Timere Onlus has the purpose to support and promote the Cité of Nazareth in Mbare (Rwanda) and other initiatives promoted both in national and international field by H.E. Salvatore Pennacchio.
Art. 5) In order to achieve its purposes, the Nolite Timere Onlus works in different ways:
- it organizes conventions, meetings and conferences to enhance exchanges of ideas, views and different experiences of voluntary and charitable activities;
- it encourages the publication of studies and researches;
- it grants scholarship and/or financial contributions to sponsor material, spiritual and cultural activities;
- it cooperates with all those national and international charitable institutions which are inspired by the same ideals.
Art. 6) Structurally organized on democratic principles, the Nolite Timere Onlus works thanks to the voluntary activities of the associates, which cannot be paid not even by the beneficiaries.
TITLE III - THE ADHERENTS
Art. 7) All those who want to commit themselves to voluntary activities, which can help to reach the purposes of the charitable institution, can adhere to the Nolite Timere Onlus. The adherents can be divided into three groups:
- founding members
- ordinary members
- supporting members
The founding members are those who have signed this Statute.
The ordinary members are those who want to adhere to the Nolite Timere Onlus and whose admission form is approved by the Executive Board.
The supporting members are those who, even if not directly committed to the voluntary activities of the charitable institution, are meritorious towards the Nolite Timere Onlus because of their particular social, moral and cultural capacities and/or economic support. They can be subsequently admitted to the charitable institution with a resolution of the Executive Board approved by the absolute majority of the Executive Board.
The status of supporting member lasts one year or the time forecast in the resolution.
The founding and ordinary members adhere to the Nolite Timere Onlus to be directly involved in charitable activities. These activities are developed according to the procedures and terms established in the present Statute. The founding and ordinary members have to pay the annual membership fee according to the amount, procedures and terms established by the Executive Board. The status of founding and ordinary member lasts indefinitely.
Art. 8) The Associates have to observe the Statute and the decisions of the Executive Board, participate to the meetings and pay the annual membership fee.
In the admission form, the would-be associate has to declare to accept the Statute of the Nolite Timere Onlus. The registration starts from the date of the resolution of the Executive Board. The Associates give over their membership in the three cases:
- when they voluntarily resign
- if they have not paid their annual membership fee for at least two years
- if there is a decision in this sense adopted by the Executive Board
TITLE IV - CONTROLLING BODIES
Art. 9) The institutional bodies of the Nolite Timere Onlus are:
- the Assembly of Founders
- The Executive Board
- The President
Art. 10) All the membership posts are free, but in case of unavoidable organizational reasons we suggest to refer to the disciplinary rules and regulations.
Art. 11) The Assembly of Founders is composed by all the adherents to the Nolite Timere Onlus. It is presided over and convened by the President. The Assembly is convened once a year in ordinary session, but if the President considers it necessary the Assembly can be convened twice or more a year with a fortnight’s notice.
One-third of the adherents can convene the Assembly. In this case, the President must take steps in 15 days and the Assembly must be convened in 30 days. In the first convocation, the Assembly is regularly constituted if half the adherents plus one are present. They can act on behalf of themselves or give somebody else a proxy. In the second convocation, the Assembly is regularly constituted whatever the number of adherents who are present is. They can act on behalf of themselves or give somebody else a proxy. Each adherent can have just one proxy. The decisions taken by the Assembly are adopted with the simple majority of the adherents who are present.
The tasks of the Assembly are:
- It elects the members of the Executive Board
- It endorses programs and activities suggested by the Executive Board
- It endorses the budget plan
- It endorses the final balance
- It sets the amount of membership fees and the amount of the donations of the adherents.
Art. 12) The Executive Board is elected by the Assembly and it is composed from 5 to 9 members. The Executive Board can co-opt more members with functions of experts. The vote which can be expressed by members with functions of experts has just a consultative nature.
The Executive Board convenes periodically, no less than 4 times a year. It can be convened by the President or by one-third of its members. The Executive Board can work properly if half the members plus one are present.
The members of the Executive Board must be chosen among the associates and their post lasts 3 years, even though they can be re-elected. If a member of the Executive Board decides to quit, he has to convene the Assembly in order to find a substitute in about 30 days.
The Executive Board has to:
- Submit the annual budget plan and the final balance to the Assembly
- Arrange the work schedule, according to the general guidelines approved by the Assembly, coordinate the activities and authorize expenditure, elect the President
- Appoint the Vice President and the Secretary
- Receive and examine requests of membership
- Ratify measures adopted by the President for causes of necessity and urgency
Art. 13) The President:
- Has the signature and the legal representation of the Nolite Timere Onlus in front of the law
- Convenes and presides at the Assembly and at the Executive Board
- Looks after the fulfillment of the resolutions of the Executive Board
- Is responsible for the financial holdings
- In case of necessity or of urgency, he can adopt measures which pertain to the Executive Board, measures which are ratified by the Assembly during the following meeting
Art. 14) In case of absence, impediment or cessation from the office for any reason, the duties of the President are carried out by the Vice President.
Art. 15) The Secretary collaborates with the President and in particular:
- He takes steps in order to keep and update the register of the adherents and he takes care of the mail
- He is responsible for the writing and taking of the minutes of the meetings of the institutional bodies
- He arranges the annual budget plan and the final balance which are submitted to the Executive Board
- He takes care of the registers and keeps the accounts. Besides, he has to take care of the documentation with the names and data of benefactors.
TITLE V - JOINT STOCK - ASSOCIATIVE EXERCISE
Art. 16) In order to work properly, our charitable institution takes funds from:
- Registration and membership fees
- Private financial contributions
- Governmental contributions and/or from public institutions and agencies
- Contributions from international organizations
- Legacies
- Reimbursement
Funds are deposited in a bank chosen by the Executive Board. Each banking transaction is signed by the President and the Secretary.
Art. 17) Membership fee - The amount of the annual membership fee is decided by the Assembly. Those members who do not regularly pay for the membership fee lose their right to participate to the activities of the Nolite Timere. Rules and regulations properly clear this issue.
Art. 18) Budget - Each year, the Executive Board must draw the annual budget plan and the final balance to submit to the endorsement of the Assembly, who will decide by a large majority.
Goods, contributions and legacies are to be recorded in the final balance.
The final balance must coincide with the calendar year.
Art. 19) Changes to the Charter - Proposals of changes to the Charter can be submit to the Assembly by one of the Controlling Bodies or by at least five members. The absolute majority of the members will approve any decisions.
Art. 20) As the Nolite Timere Onlus is a charitable institution, based on the national law of 11 August 1991 n. 266 and on the Outline Law on Voluntary Work, the Certificate of Incorporation and the Charter were drawn on an unstamped paper.
Art. 21) For any other rules or regulations which were not included in the present Charter it is possible to make reference to the legislative regulations in force.