|
of
BIFOLA
(Educational Fund for Latin America)
with
official domicile in Niedergösgen,
Switzerland
1. Name, Official Domicile
and Duration
BIFOLA (Educational Fund for Latin
America)
a charitable Association is constituted with official
domicile in Niedergösgen as per article 60 & seqq. of the Swiss Civil
Code.
The Association is in existence for an undetermined period.
2. Goal
The goal of this Association is to
sponsor school education of needy children and young people in rural areas of
Latin America through grants or interest-free loans; this especially in villages
where Franciscan Nuns are actively involved in schooling and spiritual welfare
or in such areas where people known to be trustworthy would offer guarantees as
to the appropriate use of the educational funds available.
3. Procurement of Resources
The Association procures the
financial resources necessary towards achievement of its goal
a) through annual membership fees
the amount of which is fixed by the General Assembly to a maximum of CHF 200.00
per annum;
b) through proceeds from
collections, donation campaigns and private donations;
c)
through subsidies or contributions from the part
of the Church, State Church or other state institutions;
d)
through possible proceeds from the Association’s
funds.
4. Liability
The Association’s funds are solely
responsible for liabilities of the Association. Any personal responsibility of
members is excluded.
5. Membership
Individuals and juristic persons and
partnerships may become members regardless of nationality, residence, sex and
religious denomination.
Admission is done through submission
of the written Application for Membership to the Committee.
The Committee confirms the membership
to the admitted member and submits to him a copy of the Articles of Association.
The General
Meeting may exclude a member from the Association on the grounds of significant
reasons with a 2/3 majority of those present.
6. Organs
The organs of the Association are
a) the General Meeting;
b) the Committee;
c) the Auditors.
7. The General Meeting
a) Position and convention
The General Meeting is the highest
organ of the Association.
The General Meeting meets regularly
once a year in spring.
Invitations to the General Meetings
are sent out in writing at least 20 days prior to the day of the meeting and
include the items on the agenda. Each General Meeting convened in accordance
with the Articles of Association has a quorum regardless of the number of
members present.
Convention of a General Meeting can be
applied for in writing to the Chairwoman / Chairman by a fifth of members on
indication of the reasons. In this case the Committee has to convene a General
Meeting within one month upon receipt of the request.
b) Voting Procedure
Each member present has one vote at the General Meeting. Voting is done by open
show of hands. If considerable distance is involved, for important business the
vote may also be submitted in writing. In the event of a tied vote, the vote of
the Chairperson will decide.
c) Authorities
The General Meeting has the following
authorities:
a) fixing of and amendment to the Articles of Association; with a 2/3
majority of those present
b) approval of the Annual Report;
c) approval of the Annual Balance
Sheet;
d) approval of the Committee;
e)
perusal of the programme of activities drawn up by
the Committee;
fixing of annual contributions;
f)
election of the Committee;
g)
election of Auditors;
h)
resolution to dissolve the Association.
8. The Committee
a) Composition
The Committee consists of at least three natural persons elected by the General
Meeting for a term of office of two years each. Re-elections are admissible
unrestrictedly.
The Committee constitutes itself and
appoints a Chairwoman / Chairman, a Treasurer and a Secretary.
b) Duties
The Committee assembles upon
invitation by the Chairwoman / Chairman as often as required by current
business. A majority of members of the Committee has the right at any time to
request the Chairperson to hold a meeting of the Committee.
The Committee represents the Association in all business-related matters. It
appoints authorised signatories for business with third parties and regulates
the way of subscribing.
The competence of the Committee covers all matters that are not explicitly
assigned by law or the Articles of Association to any other organ of the
Association. The Committee may approach external experts as advisers in
fulfilment of its duties.
c) Passing of Resolutions
In
order for the Committee to have a quorum the presence of least half of the
members of the Committee is required. Resolutions are passed by simple majority
of votes of members present. In the event of a tied vote the Chairperson’s vote
will decide. Resolutions by the Committee may also be passed by circular if
agreed unanimously by the members.
9. The Auditors
The General Meeting elects two
Auditors for the duration of two years each. These have to check the Annual
Balance Sheet of the Association and to report back and apply to the General
Meeting. Members of the Committee must not be elected as Auditors.
10.
Use of the Association’s Funds on dissolving the Association
Residual funds of the Association on
dissolving the Association may only be used for tasks falling within the frame
of the Association’s goals. In this sense any residual funds of the Association
upon successful dissolution of the Association is to be handed over to the
General Office of the Franciscan Nuns in Barrio Contador, Santafé de Bogotá,
Colombia.
* * * * * * * * *
The above Articles of Association were
accepted by the constituent General Meeting of 15th February 2003 in
Niedergösgen and come into force with immediate effect.
Niedergösgen, 15th Februar
2003
Chairman of the
meeting: Secretary:
Josef Rogger
Alfred Güntert |
