APPROVED BY THE ASSEMBLY OF THE MEMBERS On 12/05/2017
Constitution – Name – Registered office
Art. 1. The association of social promotion called “ARCIGAY VARESE ASSOCIATION OF SOCIAL PROMOTION” is established with Headquarters in VARESE pursuant to Law 383/2000 and subsequent amendments and in compliance with articles. 36 and following of the Civil Code. The duration of the association is indeterminate.
Art. 2. The Association “ARCIGAY VARESE ASSOCIATION OF SOCIAL PROMOTION” later called for brevity Association, is non-profit making and carries out activities of social utility in favor of members and third parties. It operates for the construction of a secular and democratic society in which individual freedoms and human and civil rights are recognized, promoted and guaranteed without discrimination based on sexual orientation, gender identity and any other personal and social condition and in which the personalities of each individual can be fulfilled completely.
Values, purposes and activities
Art. 3. The Association in particular pursues the following aims: to create the conditions for the affirmation of the full realization and full visibility of every gay, lesbian, bisexual, transgender and intersexual person; – fight against prejudice, discrimination and violence in all their forms, including through training and updating of volunteers, social workers, educators and teachers, public and private workers; – building on the territory multi-purpose centers of gay and lesbian culture that provide social-psychological support services, existential, health promotion, friendly phone lines, cultural production and programming; – promote the socialization of gay, lesbian, bisexual, transsexual and intersexual people, through aggregative and recreational activities and structures; – promote greater awareness on the issues of civil rights, the overcoming of prejudice and the fight against discrimination in public opinion through the intervention on the mass media and the activation of their own tools and information opportunities; – fight for the abolition of all forms of legal discrimination relating to sexual orientation and gender identity and expression and full legal recognition of the equal rights of lesbian and gay couples; – fight against any form of discrimination related to sexual orientation and gender identity and expression, including through the use of judicial authorities in civil, criminal and administrative matters; – be a force of pressure towards institutions and political forces to put in place good anti-discrimination practices, support for the action of the Association; – build a dialogue and build alliances with other associations, trade unions, social forces and movements in order to strengthen the fight against discrimination and prejudice and contribute to a widening of the freedom and equality of all individuals; – supporting the actions and demands of bisexual and transgender people and of the women’s movement; – promote social inclusion and the enhancement of people with HIV, encouraging their work and presence at all levels of the Association; – participate in initiatives at European and international level to widen human and civil rights, with particular reference to those of gay, lesbian, bisexual and transgender people; – combat discrimination against people with sexually transmitted diseases, particularly with regard to HIV; – promote free, informed and informed sexuality. Promote sex education and the knowledge and dissemination of safe sex practices; – organize and promote LGBTI sports activities; – promote awareness-raising activities on intersex people;
Art. 3bis – The values on which the Association is founded are:
respect for and promotion of fundamental rights;
the secularity and democracy of the institutions;
the social inclusion of every person and the rejection of any discrimination;
the serene relationship between each individual and the social and natural environment;
freedom, equality, solidarity, non-violence, peace;
internal democracy, the participation of members and members in the life of the Association, the
transparency of decision-making processes.
The rejection of all totalitarianism.
Art. 4. The Association realizes its goals by carrying out any suitable service to achieve the purposes referred to in the previous article.
Art. 5. For the pursuit of its purposes, the Association may also join other bodies of which it shares purposes and methods, collaborate with public and private bodies in order to achieve the statutory purposes, promote initiatives for occasional collections of funds in order to find financial resources aimed exclusively and exclusively to achieve the corporate purpose; carry out commercial and production activities, accessory and instrumental for institutional purposes.
Art. 6. They can become members of the Association , all those who have reached the age of 18 and sharing their goals, intend to commit themselves to their realization . Minors who have not reached the age of 18 may also become members, but in this case the right to vote will be exercised by the parent who exercises parental authority or by the person acting on his behalf . The Association excludes the temporariness of participation in the associative life. The retention of membership is subject to the payment of the annual membership fee within the terms prescribed by the assembly, taking into account the provisions of the Arcigay National Council.
Art. 6bis The Association guarantees the maximum contribution of the members and the members to the formation of their political line, of the programs, of the decisions, as well as the verification on the implementation of the same. For this reason, in every instance, full freedom of expression must be guaranteed, the debate and the comparison of ideas must be guaranteed, respect for the political opinions, the ideological and religious convictions of each and every one, facilitated the circulation of all information, respected the manifestation of disagreements on the decisions taken. The association offices and activities of the Association are carried out voluntarily, free and free by members and members. In cases of particular need, the Association can hire employees or make use of self-employment services, even by resorting to its members. The internal organization of the Association is inspired by criteria of democracy and equality of the rights of all the members and all the members, the social offices are elective and all the members can be appointed
Art. 7. The application for admission as a member must be submitted to the Board of Directors. The Council will decide on the acceptance or rejection of the admission of the aspirant.
Art. 8 . The rejection of the registration application must be communicated in writing to the interested party, specifying the reasons.
Rights and duties of members
Art. 9. All members have equal rights. Members have the right to:
- be informed about all the activities and initiatives of the Association, to participate with the right to vote in the assemblies, to be elected to the corporate offices and to carry out the commonly agreed work
- participate in all activities promoted by the Association in compliance with the present Statute and the resolutions of the corporate bodies, including service activities;
- to promote, organize, propose activities corresponding to the principles and aims of the Association;
- elect the governing and controlling associative organs and be elected in the same, without prejudice to the requirement of the age of majority to access positions that involve liability towards third parties;
They also have the right to withdraw, by written notice of at least 8 days, from membership of the Association.
Members and members are required:
- to respect and enforce the rules of the Bylaws, internal regulations and resolutions of the corporate bodies;
- to pay the annual membership fee;
- All members are required to make known and affirm the purposes of the Association, to help define and implement the programs, as well as to resolve any controversial issues within the bodies provided for in the bylaws
- Members and members can not transfer the membership card to the Association to third parties.
The services provided by the members are mostly free, except for any reimbursement of expenses actually incurred and authorized in advance by the Board of Directors. The Association, in case of particular need, can enter into paid employment relationships, even by resorting to its members.
Art. 10. The quality of a member is lost:
- for death;
- due to delays in paying the membership fee;
- upon presentation of written resignation or voluntary withdrawal;
- by exclusion.
They lose the status of member by exclusion of those who are guilty of acts of indiscipline and / or repeated incorrect conduct that constitute a violation of statutory provisions, internal regulations and / or the deliberations of the corporate bodies.
The loss of quality of members in cases a), b) and c) is deliberated by the Board of Directors, while in case of exclusion, the resolution of the Board of Directors must be motivated and ratified by the first Shareholders’ Meeting. Against the provision of exclusion the excluded member has 30 days to appeal to the Assembly.
Art. 11. All the people who, sharing their ideals, can make an economic contribution within the established terms can also join the Association as supporters. The supporters are not members and therefore do not have the right to active and passive electorate, but they have the right to be informed of the initiatives that are undertaken from time to time by the Association.
Social bodies and elective offices
Art. 12. They are organs of the Association:
- the Shareholders’ Meeting;
- the Board of Directors;
All social offices are elective and mostly free.
Art. 13. The Assembly is a sovereign body and is composed of all the members. The Shareholders’ Meeting is called by the directors, at least once a year, within four months of the end of the financial year, for the approval of the balance sheet / financial statement of the final and preliminary financial statements. The Assembly is also convened by the directors when the need arises or when the request is motivated by at least one tenth of the members. The Assembly is chaired by the President-in-Office.
To convene the Assembly, the Board of Directors meets in session, decides the day and time of the first call and the day and time of the second call, which must take place at least the day after the first.
The Assemblies, both ordinary and extraordinary, are called by means of a notice posted in the registered office and notice on the homepage of the association’s website. All members are called, even if suspended or excluded pending final judgment of the Shareholders’ Meeting, at least 30 days before the scheduled day.
The convocation notice must contain the day, time and place of call; the agenda with the points under discussion.
Art. 14. The Assembly can be constituted in ordinary and extraordinary form.
Art. 15. The Ordinary Shareholders’ Meeting is validly constituted with the presence of at least half of the members, while in the second call the deliberation is valid, regardless of the number of participants . The expression of voting by proxy is allowed. Each member can be the bearer of a maximum of two proxies.
The deliberations of the ordinary Assembly are taken by majority vote.
Art. 16. In the resolutions approving the financial statements and in those concerning their responsibility, the directors do not have a vote. For voting, we normally proceed by a show of hands.For the election of the corporate offices one proceeds by means of a ballot by secret ballot.
The resolutions are immediately enforceable and must result together with the summary of the debate from a special report signed by the Chairman and the Secretary of the Assembly.
Art. 17 . The ordinary Assembly has the following tasks:
- discusses and approves the budget and the balance sheet / financial statement;
- defines the annual general activity program;
- proceed with the appointment of the councilors and other elective offices, determining in advance the number of members;
- elect and revoke the president ;
- determines the amount of the membership fees and the deadline for their payment
- taking into account the provisions of the Arcigay National Council;
- discusses and approves any regulations prepared by the Board of Directors for the functioning of the Association;
- deliberates on the responsibilities of the councilors;
- decides on the forfeiture of the shareholders pursuant to art. 10;
- discusses and decides on all the topics on the agenda.
Art. 18. The Extraordinary Assembly deliberates on the modification of the Statute, on the dissolution of the Association and on the devolution of the patrimony.
Board of Directors
Art. 19. The Board of Directors is composed of 3 to 15 members, appointed by the Assembly; it lasts 3 financial years and its members are re-eligible.
Art. 20. The Board of Directors is convened by the President whenever there is a matter on which to deliberate, when it is requested by at least one third of the councilors.
The convocation is made by notice posted in the registered office or by e-mail at least 5 days before the meeting .
Meetings are valid when the majority of councilors intervene.
The resolutions are taken by an absolute majority of those present. Voting is obvious except in the case of appointments or in any case concerning persons, where the secret voting is requested by the majority of those present.
Art. 21. The Board of Directors is invested with the widest powers for the management of the Association: it implements every necessary executive act for the realization of the activity program that is not reserved by law or by the statute to the competence of the Shareholders’ Meeting .
- elect from among its members the vice president and the revocation;
- appoints the treasurer and the secretary;
- implements all the ordinary and extraordinary administration proceedings;
- takes care of the execution of the deliberations of the Assembly;
- prepares the annual program of activities for the Assembly;
- submits annually to the Assembly for approval: the report; the economic and financial statement of the past financial year / balance sheet from which the assets, contributions, bequests received and expenses for chapters and analytical items are to be shown; as well as the budget for the current year.
- gives general and special powers of attorney;
- establishes working relationships, setting tasks, qualifications and remuneration;
- proposes to the Assembly the Regulations for the functioning of the Association and of the corporate bodies;
- receives, accepts or rejects applications for membership of new members;
- ratifies and rejects the emergency measures adopted by the President;
- resolves on the exclusion of members as per art. 10.
Art. 22. The Council may revoke the mandate to its members in case of three consecutive absences at the meetings of the Board of Directors, which has the right to provide for subrogation by drawing on the ranking of the first non-elected. As soon as this was exhausted, it indicates a supplementary election for the components to be replaced.
Art. 23. The President is the legal representative of the Association and has the use of the social signature. As long as the Board of Directors is in office. It is authorized to collect payments of any kind and for any reason and to issue receipts.
Has the right to appoint lawyers and prosecutors in disputes concerning the Association before any judicial and administrative authority in any degree and judgment.
It may delegate part of its powers to other directors or members with a general or special power of attorney. In case of absence or impediment, his duties are exercised by the Deputy Vice-President.
In cases of objective necessity, emergency measures can be adopted by submitting them to the ratification of the Board of Directors. If the Board of Directors, for well-founded reasons, does not ratify these measures, the President himself replies personally.
Art. 24. The Treasurer is responsible for the administrative and financial management of the Association concerning the financial year and the keeping of books. He is responsible for drafting the final and preliminary budgets on the basis of the decisions taken by the Board.
Given the tasks entrusted to the Treasurer, it is empowered to operate with banks and post offices, including the right to open or extinguish current accounts, sign drafts, make withdrawals, turn checks for collection and in any case carry out any transaction the tasks entrusted to him by the statutory bodies. He has free signature and separated from the President of the Council for amounts whose maximum limit is defined by the Board of Directors.
Art. 25. The Secretary is responsible for drafting the minutes of the meetings of the Council and of the Assembly which transcribes on the appropriate books entrusted to his custody together with the shareholders’ register.
Heritage, social exercise and budget
Art. 26. The financial year runs from January 1st to December 31st of each year.
By April 30 of each year the Council presents for approval to the Ordinary Assembly : the moral report;the economic and financial statement of the past financial year or the financial statements, from which the assets, contributions or legacies received must be shown; as well as the budget for the current year.
Art. 27. The income of the Association consists of:
- membership fees and contributions from sympathizers;
- contributions from individuals, the State, organizations, international organizations, public institutions aimed at the
support for specific and documented activities or projects;
- donations and bequests;
- income deriving from the provision of agreed services;
- proceeds from the sale of goods and services to associates and third parties, including through the performance of
economic activities of a commercial nature carried out in an auxiliary and subsidiary manner and in any case
aimed at achieving the institutional objectives;
- revenue from promotional initiatives aimed at financing;
- any other entry compatible with the aims of social promotion associations.
The proceeds of the various activities can not, under any circumstances, be divided among the members, even in indirect forms. Any management surplus must be reinvested in favor of statutory institutional activities.
Art. 28. The social patrimony consists of:
- real estate and furniture;
- shares, bonds and other public and private securities;
- donations, legacies or successions;
- other provisions and assets available.
Art. 29. The social patrimony must be used, according to the laws in force, in the most opportune way to achieve the aims of the Association.
The social shares are non-transferable. In the event of resignation, exclusion or death of a member, his membership remains the property of the Association.
Dissolution of the Association and devolution of assets
Art. 30. The dissolution of the Association is decided by the Assembly which meets in extraordinary form pursuant to art. 18 of the present statute.
In the event of dissolution, the assets of the Association, after deducting the liabilities, after hearing the control body referred to in Law 662/96 will be donated to another association for similar purposes or for purposes of social utility, unless otherwise required by law.
In no case may assets, profits and reserves be distributed to members.
Art. 31. The present Statute must be observed as a fundamental act of the Association. Although not provided for by the by-laws and by the civil code, reference is made to the provisions of the Arcigay National Statute.
SIGNATURE OF ALL the founding members,
(or OF THE PRESIDENT AND THE SECRETARY in the case of a statutory version after the first)
The Secretary and The President
(Lidia Oteri) (Giovanni Boschini)