Bylaws of the Association for the European Centre for Traditional Culture
The Association for
the "European Centre for Traditional Culture" is the
association of Hungarian and foreign private individuals and legal
entities who accept the objectives of the association, are willing
to work to achieve them and to cooperate with the work of the
association.
Date of foundation of the Association: November
21st 1994, according to the decision of the General Assembly taking
place that day.
Name of the Association: The European Centre for Traditional
Culture
Offices: 1011 Budapest, Corvin tér
8
Stamp: Rubber stamp with the name
of the Association at its centre in Hungarian and English.
Identification particulars of Association for the European Centre for Traditional Culture:
Tax number: 18069307
Telephone/FAX:
00361 212 2039
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II. Tasks and objectives
of the Association
The main aim of the Association: to promote the research, preservation, teaching and revival of traditional culture and help make it more popular, according to the recommendations accepted at the 25th General Assembly at UNESCO in 1989.
In order to achieve the above aim, the objectives of the Association are the following:
a) international cooperation and
the encouragement of the exchange of information,
b) participation in the modernisation
of institutions in the territories of main activity,
c) the creation of wider publicity
for the preservation of traditional culture and the encouragement
of government level recognition of it,
d) the raising of the level of
appreciation of traditional culture and of professional standards
in the academic spheres which deal with it,
e) the spreading of knowledge
about traditional culture in the widest possible circles and the
encouragement of the appreciation of it and consequently
f) the improvement of the quality
of life, the encouragement of self awareness and self respect,
the encouragement of mutual respect of the ethnic groups and national
minorities and the stimulation of personal cultural activities.
The Association helps the various institutions and individuals engaged in the research, preservation and teaching of traditional cultures and in making these more popular, and cooperates with national and international organisations dealing with traditional culture. The Association generally does not itself carry out practical tasks in connection with traditional culture; with the means at its disposal, through conferences for the profession, courses, publications, international research and educational and other projects, it helps in the execution of tasks, the initiation of cooperative projects and the acquisition of the necessary finances.
The Association organises and mobilises the membership in order to achieve the tasks and objectives.
It is setting up the European Centre for Traditional Culture according to the same objectives.
The Association will carry out non-profit activities in accordance with the CLVI law 26 of 1997 on non-profit organisations, whose aims are academic activities, research, cultural activities and the protection of our cultural heritage.
The Association is not involved in direct political activity, or aligned with any political party, nor does it give material help to, avail itself of support from, or put forward candidates to represent any such party.
Non-members may also
partake of the non-profit services of the Association.
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III. Membership of the
Association
Any person or legal entity which accepts the regulations of the Association, may become a member of the Association by registering his/her intent to join, signing an application for membership and paying the membership fee. The annual membership fee is 100 (one hundred) forints. Membership rights can only be exercised in person and not in writing.
Membership rights:
- attendance at General
Assembly and other events with the right of consultation and voting
rights,
- selection of the
board of directors and supervisory committee of the Association
and right to be appointed a member of same,
- submit proposals
and presentations to any part of the Association
Obligations of the member:
- take part in the
activities furthering the aims of the Association according to
the regulations,
- pay the membership
fee.
Membership ceases:
- with the death
of the individual member, cessation of the legal entity or resignation
from the Association, notice of which must be given in writing,
- by cancellation,
if the member fails to pay the membership fee for a year, despite
warnings,
- by exclusion,
if the member is involved in activities contrary to the objectives
of the Association. Exclusion is by majority open vote at General
Assembly.
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IV. The organisation
of the Association
The basic decision making body of the European Centre for Traditional Culture is the General Assembly. This is a meeting of the whole membership which can make decisions on all questions affecting the Centre.
Individuals, or their close relatives (685.b.) or partners (referred to hereinafter as relatives) may not take part in the decision making process if the decision
a. would benefit them in any way or if they have any other interest in the legal transactions about to be entered into.
Benefit does not mean, in accordance with the aims and within the grant giving framework of the Association, the use of the non-material services offered to anyone without obligation, or grants given to members of the Association, on the basis of the rules of membership, which comply with the aims of the present bylaws.
b. means exemption from obligation or responsibility
The following belong
to the exclusive jurisdiction of the General Assembly:
- the establishment,
adoption and revision of bylaws
- the election and
recall of the president and supervisory committee
- the setting of
the annual budget, the adoption of the report on the spending
of the previous year's budget, the adoption of the non-profit
accounts
- the adoption of
the annual report on the work of the board of directors, the determination
of tasks for the next period
- the setting of
the membership fee
- the announcement
of the cessation of the Association or its amalgamation with another
social organisation, decisions about existing assets
- and any decisions
made within its sphere of authority as General Assembly
The General Assembly
may be ordinary or extraordinary:
- the ordinary General
Assembly is to be called once a year by the president of the Association
- an extraordinary
General Assembly is to be called if at least one third of the
members request it, giving the reason in writing, if the board
of directors consider this justified or if it is obligatory under
the bylaws
The time, place and agenda of the General Assembly are announced in writing by the board of directors and there must be an interval of at least 15 days between the sending of the invitations and the day of the General Assembly. Any member has the right propose topics of discussion for the agenda. He/she must inform the membership of his/her proposal at least three days before the General Assembly.
The General Assembly is quorate if at least 50% plus one members are present. If the General Assembly is not quorate, the General Assembly called for the time stated, can make decisions on the points on the original agenda without taking into account the numbers present.
Members pass resolutions at General Assembly by open vote, unless at least a third of the members present request a secret ballot. Valid resolutions are passed by simple majority vote; a two thirds majority is required for decisions on questions under the exclusive jurisdiction of the General Assembly. The members of the Association may only enjoy voting rights in person, not by post. In the case of the open vote resulting in a tied vote, the president's vote will be decisive; in the case of a secret ballot, the decision will be made by lot.
The General Assembly is public and anyone interested can take part.
In the intervals between General Assemblies, the board of directors fulfils the decision making role as sanctioned by the General Assembly. The board of directors is headed by the president and secretary. The board of directors can elect an honorary president from amongst the most respected members of the Association; this election is approved by the General Assembly. The Association may form an International Advisory Body in order to establish decisions of international import. The General Assembly of the Association will establish a full time office called The European Centre for Traditional Culture, to carry out administrative and operational work.
The Board of Directors
A five member board of directors heads the Association; its job is to assist the work of the president and secretary, the operational tasks carried out by the European Centre for Traditional Culture and to make decisions on questions concerning the Association in the periods between General Assemblies. The members of the board of directors exercise professional supervision in the fields the president requests them to watch and help. The members of the board may receive a fee for carrying out specific advisory duties (recommendations for projects, writing of plans, papers).
The board meets at least six times a year. However, the president or the director of the European Centre for Traditional Culture may recommend that it meet more often, if need be. The meeting is called by the secretary with the agreement of the president, and invitations, including the agenda, are sent out eight days in advance. The presidency is quorate if more than half its members are present at the meeting and decisions are carried by majority open vote. The meeting of the board is public. In the absence of the president, the secretary or a member of the board appointed by the president, chair the meeting. The meetings are minuted as a reminder. The members of the board are appointed for a year and the General Assembly elects them from circles close to it.
Individuals, or their close relatives (685.b.) or partners (referred to hereinafter as relatives) may not take part in the decision making process of the presidency if the decision
a. would benefit them
in any way or if they have any other interest in the legal transactions
about to be entered into.
Benefit does not
mean, in accordance with the aims and within the grant giving
framework of the Association, the use of the non-material services
offered to anyone without obligation, or grants given to members
of the
Association, on
the basis of the rules of membership, which comply with the aims
of the present bylaws.
b. means exemption from obligation or responsibility
The board of directors and all members of the supervisory committee qualify as officers of the Association. Any individual who has been an officer of a non-profit organisation - for at least one year during the two years prior to its cessation - and has not fulfilled his/her tax obligations according to the taxation laws, may not be an officer of the Association for two years after the cessation of the non-profit organisation.
Only a Hungarian citizen who is not banned from public affairs may be an officer.
The officer or candidate for office is obliged to notify the Association if he/she is simultaneously acting as an officer in another non-profit organisation.
President's duties
The president is an internationally recognised specialist in academic and professional fields dealing with traditional culture whose task in the Association and in the European Centre for Traditional Culture is the professional supervision of work in progress. The president represents the Association. His/her appointment and that of the whole board of directors is for one year. The president does not receive a regular salary but in the case of practical work carried out, he/she may receive a fee.
In the case of the absence or incapacity of the president, the member of the board appointed by him/her may deputise for him/her.
Honorary president's duties
The honorary president is an eminent and internationally recognised specialist in academic and professional fields dealing with traditional culture. His/her task is to help realise the objectives of the Association and the Centre and to increase the prestige and recognition of traditional culture and the activities associated with it, through his/her international authority and standing.
Secretary's duties
The secretary is an internationally recognised specialist in academic and professional fields dealing with traditional culture whose task is to exercise the rights of employer vis-à-vis the director of the Centre for Traditional Culture. He/she supervises the work of the Centre for Traditional Culture from administrative and economic standpoints and to see to it that the work schedules and tasks approved by the General Assembly are completed in their entirety. His/her appointment is for a year. The secretary does not receive a regular salary but in the case of practical work carried out, he/she may receive a fee.
Supervisory Committee
Regularly oversees the management of the Association and its handling of moneys and assets and prepares reports on these for the General Assembly.
The Supervisory Committee consists of 3 people, one of whom is the chairperson of the committee. The committee itself establishes the rules governing its activities and elects its own chair. Its resolutions are carried by open majority vote. The Supervisory Committee establishes its own order of business. It meets at least once a year. The meeting is quorate if all members of the committee are present.
The General Assembly elects the chairperson and two members of the Supervisory Committee for four years from amongst the members of the Association with a clean record.
No individual can be
the chair, member or bookkeeper of the Supervisory Committee if
a. he/she is the
president or a member of the board of directors of the
Association
b. he/she is involved
in other activities beyond the tasks of their appointment which
might constitute a work relationship with the Association or any
legal relationship with the purpose of performing work.
c. he/she benefits from grants given for the furtherance of the aims of the Association, except for the use of the non material services offered which may be used by anyone without obligation, and grants given on the basis of the rules of membership of the Association, which comply with the aims of the present bylaws and
d. he/she is a relative of the persons defined in points a-c.
The Supervisory Committee oversees the working and financial management of the Association. During the course of its work, it may require reports from the leading officers, or information or clarification from the employees of the Association. In addition, it may inspect or examine the books and papers of the Association.
The members of the Supervisory Committee have rights of consultation when taking part in the General Assembly and board meetings.
The Supervisory Committee must inform the authorised managing bodies (General Assembly, board of directors) or initiate their convocation if it comes to its notice that
a. during the functioning of the organisation a violation of the law or other event (omission) seriously damaging to the interests of the organisation has taken place, the cessation, or the prevention of the consequences, or alleviation of which necessitates the decision of the authorised managing body.
b. facts regarding the (failure of) responsibility of the officers have come to light.
On the initiative of the Supervisory Committee, the authorised managing body must be summoned, within thirty days of such an initiative. If the deadline passes without result, the Supervisory Committee is authorised to summon the managing body.
In so far as the authorised managing body does not take the necessary steps to set to rights the legal functioning of the organisation, the Supervisory Committee must inform the supervisory legal authorities without delay.
The International Advisory Board of the Association
In order to consolidate its international plans and achieve wider recognition internationally, the Association will form an International Advisory Board. Its members are internationally recognised specialists in academic and professional fields dealing with traditional culture, who are invited by the President, on the advice of the General Assembly for a two year term of office. The International Advisory Board chooses a president from its close associates and he/she acts as chair at its meetings. The Board meets once a year and has no decision making authority. The meeting is called by the President of the Association with the approval of the board of directors. The organisation of the meeting and the covering of the costs are the responsibility of the European Centre for Traditional Culture. Its duties are to give an opinion on the Centre's plans, to give professional advice and to represent the Centre within the profession, in their own country as well as internationally.
The members of the Board can be re-elected once. On expiry of their membership of the Board, they become members of the International Honorary Committee. The do not receive a separate fee for their work but may receive a fee in the case of specific work carried out.
Rules for Accounts
The Association is obliged to prepare non-profit accounts simultaneously with the approval of the annual accounts, the acceptance of which comes under the jurisdiction of the General Assembly.
The non-profit accounts
consist of:
- the accounts
- report on the
spending of the grant aid budget
- report on the
spending of capital
- report on grants
for specific objectives
- report on amount
of financial support received from the central budgetary body,
separate state funds, the local authority, regional authorities
where minorities have settled and organisations of such regional
authorities
- report on value/amount
of grants given to officers of the Association
- short report on
the activities of the Association.
Anyone may inspect the non-profit accounts of the Association and may make copies at their own expense.
In the case of the cessation of the non-profit status of the Association, it is obliged to honour any taxes and dues and to honour its obligations arising from the contract to provide public services.
The European Centre for Traditional Culture
Established by the Association, the Centre is an office which functions full time. Its duties are the planning and execution of projects as approved by the General Assembly. The full time (director, office manager) and part time workers receive a salary.
The organisation and functioning of the Centre are determined by separate bylaws.
Administrative activities
The Association for the European Centre for Traditional Culture entrusts all operational work connected with its objectives to the office of the European Centre for Traditional Culture, which has no decision making authority. It holds the director of the office responsible for the execution of these duties (including the occasional correspondence of the Association, the organising of the meetings of the General Assembly, the Board of Directors and the International Advisory Board, and the collecting and registering of memberships fees). Administrative work is supervised by the Secretary and professional work by the president or the Board of Directors. The supervision takes place at the bimonthly meeting of the Board of Directors and at the General Assembly.
V. The assets of the Association
The independent assets of the Association consist primarily of membership fees, of donations from member and non-member organisations and individuals and of grants. The Association may take part in economic or commercial activities, without jeopardising the realisation of its exclusively non-profit aims.
The Association functions on the basis of an annual financial plan, according to the rules specified for the managing of finances and assets by social organisations.
The Association may not divide the funds resulting from its financial management but must assign these to the activities defined in the deed of foundation. The Association does not take part in investment activities.
The sources of income of the Association: fees paid by the membership, donations by members and non-members, grants, activities which may be carried out by the social organisation in accordance with the prevailing laws.
Expenses of the Association: working expenses, money spent on organising events, fees and other expenses.
The annual financial plan and report are approved by the General Assembly and its execution is supervised by the Supervisory Committee.
The Secretary must keep regular annual numbered records of the decisions taken by the General Assembly and the Board of Directors, in such a way that the exact content of the decisions, date taken and date of coming into effect, as well as the numbers of those for and against (with names if possible) can be ascertained.
The Secretary must inform those concerned of the decisions of the General Assembly, by registered letter within 15 days, and bring them to public notice by posting them on the notice board in the Association's offices; in the same way he/she must inform the public about how the Association functions, how its services are utilised and publish its reports.
The opportunity to inspect the papers connected with the running of the Association for anyone interested, is ensured by the presidency, with prior warning.
The winding up of the Association
The Association may be wound up by liquidation, dissolution or amalgamation with another social organisation and a statement of its cessation. The General Assembly decides on the winding up of the Association or its amalgamation with another social organisation. The Association is wound up pursuant to a decision of the court. After the winding up of the Association, the General Assembly in charge of the winding up procedure, decides on the division of remaining assets.
Any questions not dealt with in the bylaws may be directed to the provisions of the 1997 CLVI. civil law and the 1989 II. law concerning amalgamation.