CHAPTER I. DENOMINATION, DOMICILE, SCOPE, AIMS AND ACTIVITIES
Article 1. NAME
The association ASFANA Famílies Nombroses is constituted, without lucrative purpose, which complies with the provisions of the Organic Law 1/2002, of March 22, 2002, Regulating the Right of Association, in addition to the provisions of Article 22 of the Constitution.
The Association is constituted for an indefinite period.
Article 2. LEGAL PERSONALITY
The association has its own legal personality and full capacity to act in order to administer and dispose of its assets and to fulfill the purposes for which it is intended.
Article 3. DOMICILE AND AREA OF ACTION
The domicile of the association is established in Bétera, provisionally at Avinguda del País Valenciá, 62 baix, DP: 46117, which can be definitively fixed and varied, by agreement of the Board of Directors and tending to have adequate conditions for the installation of offices and to facilitate the best fulfillment of the social purposes.
The association will mainly carry out its activities within the territorial scope of the Valencian Community.
Article 4. FINALITIES
The Associació de Famílies Nombroses d'Aldaia-Alaquàs has as its essential purpose the protection and defense of the named family.
Article 5. ACTIVITATS
In order to fulfill the essential purpose mentioned in the previous article, the following activities will be carried out:
- To cooperate in the defense, improvement and perfection of the rights granted to the homeless families by the current legislation, managing, if necessary, with the public authorities all the modifications that are considered opportune in the above-mentioned legislation.
- To complete, if its resources allow it, the benefits granted by the Administration.
- To represent each and every one of the associates in their relations with the Administration and with public or private entities that have functions or services related to the family.
- To advise and inform the associates about their rights or rights regarding their status as a member family.
- Promote the protection of the family by holding conferences, cultural cycles or other public events, and through the publication of magazines, monographs and dissemination brochures.
- To urge or to collaborate in the initiatives that tend to the exposed ends or in any other of familiar character, even if they were of General nature.
- Carry out all those that are a consequence or complement of the statements.
- h) Expressly excludes from its purposes any profit motive in the management of its activities.
CHAPTER II. THE ASSOCIATES
1). CLASSES OF MEMBERS. There shall be three classes of members: honorary, founding and full members.
Honorary members will be those who, due to their personal circumstances or for their services to the institution of the Nombroso family, or merits related to the Association, are designated by the Association.
Founding members, who will be those who participate in the act of constitution of the Association.
The other members shall be full members if they do not meet the conditions of honorary or protective members.
2) CAPACITY. All individuals who, freely and voluntarily, have an interest in the development of the purposes of the Association, in accordance with the following principles, may become members of the Association:
- a) To be in possession of the title of beneficiaries of large family, or who have had it, who reside in the Valencian Community and request it from the Board of Directors of the Association.
- b) Not be subject to any legal impediment to the exercise of the right.
- c) Formalize the application for membership and declaration, according to the model approved by the Board of Directors, which shall contain, if not more, the data required by the Administration for the issuance of the certificate, which shall be the same as those appearing in the Association's registry book.
The Board of Directors shall decide, at the first meeting held, whether the applicant meets the conditions required in the bylaws and, if so, may not deny admission.
Article 7. RIGHTS OF THE ASSOCIATES
Full members and founding members shall have the following rights:
- To participate in the activities organized by the Association in fulfillment of its purposes.
- To exercise the right to vote, and also to attend the General Assembly, in accordance with the Bylaws.
- To be eligible to vote and to be elected to the Board of Directors. In order to be a member of the Board of Directors it is an essential requirement to be of legal age, to be in full use of civil rights and not to be subject to any of the incompatibility reasons established in the current legislation.
- To be informed about the composition of the Board of Directors of government and representation of the Association, its statement of accounts and the development of its activities. The associates will be able to access all the information, through the Board of Directors.
- To be heard, prior to the adoption of disciplinary measures against him/her, and to be informed of the facts that originate such measures; furthermore, the agreement imposing the sanction, if applicable, must be motivated.
- To challenge the agreements of the Board of Directors of the Association that it deems contrary to the Law or the Bylaws.
- To receive all the advantages and benefits that the Association can obtain.
Article 8. DUTIES OF THE ASSOCIATES
The founding and full members shall have the following obligations:
- Share the aims of the Association and collaborate in achieving them.
- To abide by and comply with the present Statutes and the valid agreements of the Assemblies and the Board of Directors.
- Pay the fixed fees.
- To attend the Assemblies and other events that are organized.
- To comply with the rest of the obligations resulting from the statutory provisions.
Honorary members shall have the same obligations as founders and full members, except for those provided for in section c) of the preceding article. Likewise, they shall have the same rights.
Article 9. CAUSES OF DISCHARGE
They are cause for dismissal from the Association:
- a) Voluntary resignation communicated in writing to the Board of Directors, which shall not take effect until the month following the date on which the communication is sent. The member may receive the initial equity participation and other economic contributions made, without including the membership fees and provided that the reduction of equity does not imply prejudice to third parties.
- b) Failure to meet the fixed fees for three consecutive years.
No membership in the Association will be terminated if the member ceases to enjoy the title of beneficiary of a large family, for reasons beyond the member's control, such as:
If the children have died or exceeded the age limit established in the law, or if the law, in the future, establishes a higher number of children than the current one.
Article 10. PENALTY REGIME
The separation of the members from the Association, by reason of sanction, shall occur when they commit acts that make them unworthy of continuing to belong to the Association. In this sense, the following types of acts shall be presumed:
- When the associate deliberately impedes or poses obstacles to the fulfillment of the social purposes.
- When it intentionally obstructs in any way, the functioning of the governing and representative bodies of the Association.
In any case, in order to agree the separation by the governing body, it will be necessary to process a disciplinary proceeding that includes the hearing of the affected member.
CHAPTER III. THE GOVERNING BODY
Article 11. GENERAL ASSEMBLY
The General Assembly is the supreme governing body of the Association and is made up of members by inalienable right and in absolute equality, which adopts its agreements according to the majority principle or internal democracy.
All members shall be subject to the agreements of the General Assembly, including absentees, dissidents and those who, although present, have abstained from voting.
Article 12. MEETINGS OF THE ASSEMBLY
The General Assembly shall meet in ordinary session at least once a year, in the first quarter.
The General Assembly shall meet extraordinarily whenever necessary, or at the request of a number of members representing at least one per cent of the total number of members.
Article 13. CONVOCATÒRIA DE LES ASSEMBLEES
The convocations of the General Assemblies, both ordinary and extraordinary, shall be made in writing. The announcements of the convocation shall be posted in the usual places, at least fifteen days in advance.
Whenever possible, all members shall be called individually. The notice shall state the date, time and place of the meeting, as well as the agenda.
The meetings of the General Assembly shall be directed by the President and the Secretary.
The Secretary shall draft the Minutes of each meeting, which shall reflect an extract of the deliberations, the text of the agreements adopted and the numerical result of the votes. At the beginning of each meeting of the General Assembly, the minutes of the previous meeting shall be read, whether they are approved or not.
Article 14. COMPETENCIES AND VALIDITY OF THE RECORDS
The Assembly shall be validly constituted on first call with the attendance of at least one third of the members (present or represented); and on second call, regardless of the number of members, which shall be held half an hour after the first call and in the same place.
In the meetings of the General Assembly, each member of the Association shall have one vote.
They are the competence of the General Assembly:
- Approve, if appropriate, the management of the Board of Directors.
- Examine and approve or reject the annual income and expenditure budgets, as well as the annual activity report.
- Establish the general lines of action that allow the Association to achieve its goals.
- To provide all measures aimed at guaranteeing the democratic functioning of the Association.
- To fix the ordinary or extraordinary quotations.
- To elect and dismiss the members of the Board of Directors.
- The expulsion of members, at the proposal of the Board of Directors.
- Constitution of federations and integration in them.
- Request for declaration of public utility.
- Dissolution of the Association.
- Modification of bylaws.
- Disposal and alienation of assets.
- To agree on the remuneration, if applicable, of the members of the Board of Directors, which shall appear in the annual accounts approved by the Assembly.
Agreements shall be reached by simple majority of the persons present or represented, when the affirmative votes exceed the negative votes. However, a qualified majority of the persons present or represented, which shall be obtained when the affirmative votes exceed one half, shall be required for agreements related to the dissolution of the Association, modification of the Bylaws, disposition or alienation of assets and remuneration of the members of the Board of Directors, provided that the corresponding Assembly has been specifically called for that purpose.
CHAPTER IV. THE BOARD OF DIRECTORS
Article 15. COMPOSITION OF THE BOARD OF DIRECTORS
The Association shall be governed, administered and represented by the representative body called the Board of Directors, made up of the President, Vice-president, Secretary, Vice-secretary, Treasurer and the number of members agreed by the General Assembly, taking into account the number of members and activities of the Association.
The election of the members of the Board of Directors will be made by free and secret ballot of the members of the General Assembly.
The candidacies will be open, that is to say, any member will be able to present himself/herself, and they will be indispensable requirements: to be major of age, to be in full use of the civil rights and not to be subjected in the reasons of incompatibility established in the legislation in force. The candidates who have obtained the highest number of votes and in this order will be elected for the positions of President, Secretary, Treasurer and members.
The positions of President, Secretary and Treasurer must be held by different persons.
The exercise of the positions shall be free of charge.
Article 16. TEMPS DE MANDAT ON THE BOARD OF DIRECTORS
The members of the Board of Directors shall serve for a period of 4 years, and may be re-elected indefinitely.
The cessation in the position, before the expiration of the regulatory term, may be due to:
- Voluntary resignation, presented in writing, in which the reasons are explained.
- Illness that incapacitates him/her for the exercise of the position.
- To resign as a member of the Association.
- Sanction imposed for an offense committed in the exercise of the position.
Vacancies that occur in the Board of Directors will be filled at the first General Assembly to be held. Nevertheless, the Board of Directors may provisionally count, until the next General Assembly, with a member of the Association for the vacant position.
Article 17. COMPETENCIES OF THE BOARD OF DIRECTORS
The Board of Directors has the following powers:
- To hold and exercise the representation of the Association and to carry out the management and administration in the broadest manner recognized by law and to comply with the decisions taken by the General Assembly, and, in accordance with the rules, instructions and general directives established by the General Assembly.
- To make the necessary agreements for appearing before public bodies, for the exercise of all types of legal actions and to file the pertinent appeals.
- Resolve on the admission of new members, bringing the updated list of all members.
- To propose to the General Assembly the establishment of the fees to be paid by the members of the Association.
- Convene the General Assemblies and ensure that the agreements adopted therein are complied with. In particular, with regard to agreements on the modification of the Statutes, the Associations Registry shall be notified of the content of the modification within a period of one month from the date of the Meeting called for this purpose.
- To present the balance sheet and the statement of accounts of each fiscal year to the General Assembly for approval, and to prepare the budgets for the following fiscal year.
- To keep accounts in accordance with the specific standards, which allow to obtain a true and fair view of the assets, results and financial situation of the company.
- To make an inventory of the Association's assets.
- To elaborate the annual activity report and submit it to the approval of the General Assembly.
- Provisionally resolve any unforeseen case in the present Bylaws and report on this at the first subsequent General Assembly.
- Any other powers not specifically attributed in the bylaws to the General Assembly.
article 18. meetings of the board of directors
The Board of Directors, previously summoned by the President or by the person who substitutes him, shall meet in ordinary session with the periodicity decided by its members, which, in any case, shall not exceed two months. It shall meet in extraordinary session if requested by one third of its members.
The Board of Directors shall be validly constituted with prior notice and a quorum of one half plus one of its members.
The members of the Board of Directors are obliged to attend all the meetings that are called, although they may excuse their attendance for justified reasons. In any case, the President and the Secretary or their substitutes shall be required to attend.
In the Board of Directors, agreements shall be reached by a simple majority of votes of the attendees. In case of a tie, the President shall have the casting vote.
The agreements of the Board of Directors shall be recorded in the minutes book. At the beginning of each meeting, the minutes of the previous meeting shall be read for approval or correction.
Article 19. THE PRESIDENT
The President of the Association will also be the President of the Board of Directors.
The President has the following functions:
- a) Those of management and legal representation of the Association, by delegation of the General Assembly and the Board of Directors.
- b) The presidency and the direction of the debates of the General Assembly and the Board of Directors.
- c) To sign the convocations of the meetings of the General Assembly and the Board of Directors.
- d) To endorse the acts and certificates drawn up by the Secretary of the Association.
- e) The rest of the attributions inherent to the position and those delegated by the General Assembly or the Board of Directors.
The President will be substituted, in case of absence or illness, by the Vice-president or the oldest member of the Board.
Article 20. THE TRESORER
The Treasurer shall be responsible for the custody and control of the Association's resources, as well as the preparation of the budget, balance sheet and settlement of accounts, in order to submit them to the Board of Directors, as determined in Article 17 of the Bylaws.
He/she will keep a cash book. He/she shall sign the bills, quotations and other treasury documents. He/she shall pay the invoices approved by the Board of Directors, which must be previously approved by the President. The disposition of funds shall be determined in article 25.
Article 21. THE SECRETARY
The Secretary shall keep the Association's documentation, draft and sign the minutes of the meetings of the governing and representative bodies, draw up and authorize the certificates to be issued, and also keep the list of members up to date, and shall keep the Members' Register Book for this purpose.
The Secretary shall be substituted, in case of absence or illness, by the Vice-Secretary.
CHAPTER V. THE ECONOMIC REGIME
article 22. initial assets and economic resources
The initial assets of this Association are valued at zero euros.
The annual budget shall be approved each year at the Ordinary General Assembly.
The financial resources of the Association will be provided by:
- a) Of the fees fixed by the General Assembly to its members.
- b) Official or private subsidies.
- c) Donations, inheritances and/or legacies.
- d) From the income from the same assets or from other income they may obtain
article 23. benefit of the activities
The profits obtained, derived from the exercise of economic activities, including the rendering of services, will be exclusively destined to the fulfillment of the purposes of the Association, in no case shall they be distributed among the members or among their partners or persons who have an analogous affective relationship with them, or among their parents, nor shall they be assigned free of charge to individuals or legal entities with a lucrative interest.
Article 24. QUOTES
All members of the Association are obliged to support it financially by means of dues or contributions, in the manner and in the proportion determined by the General Assembly, at the proposal of the Board of Directors.
The General Assembly may establish membership fees, monthly periodic fees and extraordinary fees.
The financial year will end on December 31.
Article 25. DISPOSITION OF FUNDS
In the current accounts or bankbooks, opened in credit institutions, the signatures of the President, the Treasurer and the Secretary must appear.
In order to be able to dispose of funds, two signatures will be sufficient, of which, one will necessarily be that of the Treasurer or the President.
CHAPTER VI. DISSOLUTION OF THE ASSOCIATION
Article 26. CAUSES OF DISSOLUTION AND DELIVERY OF THE ROMANENT
The Association may be dissolved:
- a) If so agreed by the General Assembly, called expressly for that purpose, and with the favorable vote of more than half of the persons present or represented.
- b) For the causes determined in article 39 of the Civil Code.
- c) By final judicial sentence.
Article 27. LIQUIDATION
The dissolution of the Association opens the liquidation period, until the end of which the entity will retain its legal status.
The members of the Board of Directors, at the moment of dissolution, become liquidators, unless the General Assembly designates others or whoever the judge, if applicable, decides.
Corresponds to the liquidators:
- a) To ensure the integrity of the Association's patrimony.
- b) Conclude pending operations and carry out new ones required for liquidation.
- c) To collect the Association's receivables.
- d) Liquidate the assets and pay the creditors.
- e) To apply the surplus assets of the Association to the purposes set forth in the Bylaws.
- f) To request the cancellation of the entries in the corresponding Register.
In case of insolvency of the Association, the Board of Directors or, as the case may be, the liquidators, shall immediately promote the appropriate bankruptcy proceedings before the competent court.
If there is a liquid surplus, it will be used for purposes that do not detract from the non-profit nature of the organization, specifically to the Federation of Numerous Families.
Members are not personally liable for the Association's debts.
The members or owners of the governing and representative bodies, and other persons acting in the name and on behalf of the Association, shall be liable before the Association, before the members and before third parties for the damages caused and the losses incurred due to fraudulent, culpable or negligent acts.
CHAPTER VII. EXTRAJUDICIAL RESOLUTION OF CONFLICTS
Article 28. EXTRAJUDICIAL RESOLUTION OF CONFLICTS
In accordance with the provisions of Article 40 of Organic Law 1/2002, of March 22, 2002, regulating the Right of Association, any litigious issues that may arise as a result of the actions or decisions adopted by the Association shall be resolved by means of arbitration, through a procedure in accordance with the provisions of Law 36/1.988 of December 5, 1988 on Arbitration, and subject, in all cases, to the essential principles of hearing, contradiction and equality between the parties.
These bylaws have been drafted with the modifications agreed in the General Assembly held on December 15, 2014.
And for the record and for the appropriate effects, we sign the following document
Mª Remedios Hidalgo
Eduardo Pinazo González
With subsidiary character of the Statutes and of the agreements validly adopted by its governing and representative bodies, in all that is not foreseen in the present Statutes, the current Organic Law 1/2002, of March 22, 2002, regulating the Right of Association and complementary dispositions shall be applied.