Statute of the LIBERA MENTE Association
According to the law of 7 December 2000, n. 383 and the norms of the civil code on the subject of associations is constituted the association LIBERA MENTE Association of Social Promotion, based in Arezzo, Località Muciafora 4.
To achieve its goals the Association may establish peripheral offices, open centers and other operational offices.
They are expressly excluded from the associative purpose for profit.
The association is a non-profit organization and proposes to carry out activities of social utility for the members and third parties in the cultural, social, sporting and recreational, environmental, education, reception and support sectors. integration of disadvantaged citizens and foreign citizens requesting international protection, training and development cooperation and spreading the culture of solidarity and commitment to people in social hardship, in full respect of the freedom and dignity of the associates .
To this end, the association will be able to:
- Organize communities and reception centers
- Raising public awareness in the field of prevention of social hardship, creating also logistic structures to allow those who join to improve the quality of life, promote cultural growth, promote active citizenship, through the organization of conferences, lectures, debates , cineforum and rapid and balanced cultural maturation and learning processes
- Acting in the territory to prevent situations of hardship and to operate in information to protect health, safety, dependencies, using the methods of street work
- Promote the culture of peace and non-violence also through the promotion of national civil service
- Establish periodic study and in-depth meetings, organize sporting, recreational, gastronomic events, competitions, shows and exhibitions
- Organize training and orientation courses, organize and promote seminars and conferences with educational and informative content, promote the publication of books, magazines, periodicals, researches and pamphlets in the context of issues related to institutional activity. In particular, as regards training, the LIBERA MENTE association may take part in public and private tenders made available by national and international public administrations, the European Union and private bodies.
- Organize research and construction activities of databases and documentation centers
- Carry out activities related to institutional ones, including any commercial activities and additional activities to the main ones, basically intended to find the necessary funds for the financing of institutional activities
- Actively collaborating and establishing contacts with organizations, associations, cooperatives, non-governmental organizations to promote reception and development cooperation policies
- Organize activities related to the protection of the environmental and forest heritage including the maintenance of public and private green areas.
- Organize activities related to the protection of the environment and forest heritage
For the best achievement of the institutional goals LIBERA MENTE Association of social promotion will be able to collaborate with other associations or institutions that have the same purposes.
For the pursuit of its aims the association may collaborate with other public and private entities having similar purposes to their own, in any case maintaining their autonomy. As part of this collaboration, the association may carry out public utility programs that also cover the nature of commercial economic activities.
The organs of the association are: the assembly of the associates;
- The board of directors
- The Vice President
- The treasurer
- The board of auditors
The legal representation of the association before all third parties and in court belongs to the President.
The natural and legal persons who share the aims can be part of the association. Associates are required to pay an annual membership fee to the extent indicated annually by the Board of Directors and are required to participate in the association’s life.
For the purposes of joining the association, anyone who has an interest can apply for a motivated admission to the Chairman of the Board of Directors, stating that he or she has read this statute, share the aims, intend to participate in the association’s life and commit to the payment of annual membership fees as long as it remains in the association. The President, having made up the list of admission requests received in each month, submits the request to the Board of Directors which provides admission on the basis of the reasons set out by the applicant. The application for admission can be rejected only if the reasons stated by the applicant conflict with the aims of the association.
The internal organization of the association is inspired by the criteria of democracy and equal rights of all members, the associative positions are elective and all the members can be nominated.
The association for the pursuit of its institutional purposes mainly uses the activities, provided free of charge, by the associates. In case of particular need, the association can hire employees or make use of self-employed or professional workers, even making use of its own associates. For activities carried out under the agreement with public bodies, workers will have the right to take advantage of the flexibility of working hours and shifts provided by contracts or collective agreements, compatibly with the organization and company needs.
Membership of the association is valid for one year, the member who intends to withdraw must give written notice to the President and is ratified by the subsequent assembly of members.
The associate who intends to withdraw from the association must give written notice to the President within thirty days of the end of each year. With regard to the members who are not up to date with the payment of membership fees for at least one year, those who have not participated in three consecutive assemblies without having justified their absence and those who for any reason have shown that they do not share the aims of association can be promoted by the Board of Directors proposal for exclusion. The exclusion is deliberated by the assembly with a majority subject to a detailed report by the Board of Directors. The motivated exclusion provision must be communicated in writing to the excluded member. These, within the thirty days following receipt of the exclusion notice, may request a review of the exclusion order from the Board of Auditors. The Board of Auditors, having consulted the interested party and the chairman of the Board of Directors, resolves definitively on the request for review by revoking or confirming the provision of the assembly.
The assembly consists of all the members in good standing with the payment of membership fees. It is called at the registered office, or at another place in the Municipality where the association is located, at least once a year and as often as necessary, by the Chairman of the Board of Directors, or by the Chairman of the Board of Auditors if the President does not comply with his duties, or if so many members representing at least one third of the members request it. The call is made by certified e-mail and by posting a notice to be displayed at least 10 days before at the main office, indicating the place, date and time of the meeting and the items on the agenda.
The convocation is made by notice to be displayed at least 10 days before the indicated date, with indication of the place and time of the meeting and the topics that will be exposed to the agenda. For the convocation the e-mail and the PEC may also be used, in addition to the posting of the convocation notice to be displayed at the main office and the operational offices of the association.
The Assembly deliberates on the approval of the budget and on the appointment of the bodies and on all the matters reserved to it by the law and by this statute, as well as on the matters submitted to it by the Board of Directors. In the first call the assembly is validly constituted with the presence of half plus one of the associates, the majority of the directors and the President or Vice President. In the second call, since the necessary attendance is not reached at the first, the assembly is validly constituted regardless of the number of members present. The second call must take place within 10 days of the first. Each member may attend the meeting personally or through another member with a written proxy with a precise indication of the date of the meeting. Each member cannot represent more than one. The associates who hold the office of President, Vice President, Treasurer, Director or Auditor, are not allowed to vote on matters that concern them personally or because of the position held and cannot receive proxies. The meeting is chaired by the President who appoints a secretary who will draw up the minutes. The assembly deliberates with half plus one of the members present both in first and second call.
The extraordinary assembly of the associates can modify the present statute on condition that it participates in the majority of the associates and that the modification resolution is assumed with the favorable vote of two thirds of those present.
The Board of Directors is composed of a minimum of 2 and a maximum of 15 directors elected by the assembly from among the members. The board of directors holds office for three years and its members can be re-elected. In the event of the death or resignation of a director before the expiry of the mandate, the Board will arrange for their replacement by co-option. If, for any reason, the majority of the directors are absent, the entire board will be considered lapsed and must be renewed. The office of advisor is free. The Board of Directors has all the powers for the ordinary management of the association, except for what is reserved to the competence of the assembly, by law and by this statute.
The council meets at least four times a year and whenever it is necessary by calling the President or Vice President. The members of the Board of Auditors must be invited to the meetings of the Board of Directors. The Board can permanently delegate the ordinary management of the association or individual competences to the President and individual Directors. The Chairman or the managing directors must report to the Board of Directors on their work during the next Board of Directors. The resolutions of the Board of Directors are taken by absolute majority. In case of a tie, the vote of the President is worth double.
The Board of Directors prepares the draft annual financial statements to be submitted to the shareholders’ meeting for approval. The balance sheet of the association consists of the balance sheet, the income statement and the report on the activities performed and the objectives achieved. Adequate advertisements must be given to the budget. The distribution, even indirect, of proceeds, profits or operating surpluses is prohibited, any profits or operating surpluses must be reinvested and used in favor of the institutional activities provided for in this statute.
The association’s revenues are established;
– from the social quotas
– from the proceeds of the sale of goods and services rendered, also in the context of economic activities of a commercial, craft or agricultural nature, in favor of the associates, the relative family members and third parties;
– contributions from public bodies aimed at supporting specific and documented programs carried out in the context of statutory purposes;
– from revenues deriving from promotional initiatives aimed at the functioning of the association, such as parties and subscriptions also with prizes;
– from donations, testamentary bequests, inheritances and legacies and from any other income, income or contribution destined to the exercise of statutory activities;
– from any income from the assets.
The ordinary shareholders’ meeting appoints three effective auditors, two substitutes upon indication of the Chairman. They attend the meetings of the Board of Directors and oversee the administration of the association and the observance of this statute. The Auditors examine and approve, by signing it, the annual financial statements of the association and present their audit report to the assembly. The Auditors remain in office for three years and can be re-elected at the end of the term. In the event of the resignation or death of one of the auditors, the meeting, convened for this purpose, will see to its integration.
In the event of dissolution of the association, the assets will be donated to another organization for purposes of utility, having heard the Control Body, or for the purposes established by law.
Although not expressly provided for in this statute, reference is made to the law of 7 December 2000, n. 383 and other state laws as applicable.