FIABCI – Baltic Statutes

Statutes of the Society „FIABCI – Baltic”
Statutes were adopted in the Foundation Meeting of March 04, 2011, Riga
Section I. Name of the Society.
1.1. Name of the Society is the Society „FIABCI Baltic” (further in the text – Society).
Section II. Purposes and tasks of the Society.
2.1. Purposes of the Society are:
2.1.1. to popularize the purposes of the International Organization “The International Real Estate Federation” (in abbreviation – “FIABCI”) and to engage in the realization of them in the territory of the Baltic States: Republic of Latvia, Republic of Lithuania, Republic of Estonia;
2.1.2. to protect in the International level the collective morality and the professional interests of the Members and of the groups that form them;
2.1.3. to ensure for the participators of the real estate market an opportunity to improve the quality of the activities and to raise the competitiveness sharing their knowledge, the information and the possibilities of entrepreneurship in the regional, national and International level;
2.1.4. to ensure the direct access to the real estate contacts and to the business possibilities in the International level;
2.1.5. to facilitate the improvement of labour relations between the private and the state sector for the sake of the society with the activities in the field of real estate;
2.1.6. to facilitate the exchange of information on the significant market, economical, corporative, administrative and technological circumstances that influence the industry;
2.1.7. to support the exchange of culture and education among the real estate specialists in different countries.
2.2. In order to achieve the above-mentioned purposes the Society has the rights:
2.2.1. to involve in other organizations and establishments as a participator in accordance with the stipulations put forward by these organizations or establishments;
2.2.2. to organize the public undertakings, advertising campaigns, conferences, seminars as well as to place publications in the press issues;
2.2.3. to provide all the necessary support to the Members that are involved or will be involved in the Society and in the International Organization “The International Real Estate Federation” and in the purposes and activities of it;
2.2.4. to carry out for the Members or for any third person a study, research works, inquiries of any kind as well as to provide services in any way;
2.2.5. to engage in activities of any kind that facilitate or support the fulfilment of the above-mentioned purposes.
Section III. Activity term of the Society.
3.1. Society has been founded for the indeterminate time.
Section IV. Members’ entry into the Society, leaving and expulsion.
4.1. Society consists at least of two Members.
4.2. Any Society keeps the Register of its Members in which there is indicated the name, surname, identity number and residence (name and address of the legal entity) of every Member. The information on the Members of the Society is accessible only to the Members of the respective Society as well as to the Institutions of control and of the Law Protection.
4.3. Into the Society there can enter any capable physical and legal entity or a competent Personal Company submiting a written application of a certain form if that is engaged in the field of real estate and fulfils at least one of the criteria mentioned in point 4.4 of the Statutes or that are acknowledged as a suitable by the Society.
4.4 For the status of the Members in the Society there can apply:
4.4.1. unions of physical entities and/or of legal entities that are engaged in the field of real estate or provide services in connection with the field of real estate;
4.4.2. physical or legal entities that are engaged in the field of real estate;
4.4.3. legal entities or unions that provide services or that are connected with the industry of real estate;
4.4.4. educational establishments and the vocational schools in the curricula of which there are included subjects that are connected with the field of real estate;
4.4.5. Institutions of national, regional or local Administration and the Public and State Institutions.
4.5. The Application Form and the list of documents to be added to it is stated by the Board of the Society and by the present Regulations.
4.6. Any application is to be supported by two existing Members of the Society.
4.7. A Decision on admission of a Member into the Society is taken by the Board. A Decision is to be notified in writing by the Board to the Applicant within the time of a week from the moment of its taking.
4.8. An Applicant can appeal in writing against a negative Decision of the Board to the General Meeting of the Members. If also the General Meeting of the Members rejects the Request of the Applicant the Applicant is not admitted as a Member of the Society and he is able to submit a repeated Application not sooner than after the expiration of the term of one year.
4.9. A Member can discontinue his membership in the Society at any time notifying about that the Board in writing.
4.10. A Member can be expelled from the Society by a Decision of the Board if:
4.10.1. the Member is overdue with the payment of the Membership fee for more than three (3) months;
4.10.2. if there is an important reason for that;
4.10.3. the Member has done harm to the Society;
4.10.4. the Member does not fulfil the Decisions of the General Meeting of Members and of the Board;
4.10.5. the Member does not fulfil his obligations and the undertaken commitment;
4.10.6 the Member carries out other activity that contradicts the one stated within the present Regulations.
4.11. A Member loses the status of the Member if:
4.11.1. the Member leaves;
4.11.2. the Member dies or is liquidated or terminates his activity in any other way;
4.11.3. in cases stated in point 4.10 of the Statutes.
4.12. A Matter on expulsion of a Member of the Society is reviewed by the Board during the nearest Session. A Decision of the Board on the expulsion of a Member from the Society and the substantiation of the present Decision is to be notified in writing to the Member that is to be expelled within the time of five days from the moment of its taking.
4.13. If the activity of a Member in the Society ceases he is not refunded the Membership fee envisaged within the Regulations and paid in.
Section V. Rights and obligations of the Members.
5.1. Members of the Society have the following rights:
5.1.1. to participate in the administration of the Society,
5.1.2. to receive the information on the activity of the Society among that to acquaint himself with the minutes, decisions and orders of all the Institutions of the Society,
5.1.3. to participate in all the undertakings organized by the Society, to submit proposals on the activity of the Society and on its improvement, to defend his point of view,
5.1.4. to notify the Board about the changes of the legal address or of the residence;
5.1.5. to indicate the participation in the Society in the documents that are connected with his professional activity adding the reference in the following edition “Member of the FIABCI” after the title or name of the Member;
5.1.6. can use the emblem „The International Real Estate Federation” that has been registered as a brand.
5.2. Obligations of the Members of the Society:
5.2.1. to comply with the Regulations of the Society and to fulfil the Decisions of the General Meeting of the Members and of the Board,
5.2.2. to pay regulary the Membership fee,
5.2.3. by his active participation to support the realization of the purposes and tasks of the Society;
5.2.4. not to violate the rights stated within the Regulations by the Decisions of the General Meeting of the Society and of the Meeting of the Board;
5.2.5. if a Member discontinues his membership in the Society he has to return to the Society all and any documents, Certificates, Diplomas he has received by a direct or indirect mediation of the Society.
5.3. Commitment to a Member can be defined by a decision of the General Meeting of the Members or of the Meeting of the Board. Defining to a Member the commitment that differs from the commitment of other members there is necessary the consent of this Member.
Section VI. Units of structure of the Society.
6.1. By a decision of the General Meeting of Members there can be established the territorial units of structure and other units of structure of the Society;
6.2. The activity, rights and obligations of an unit of structure as well as its relations with the Society are regulated by the Regulations of the Unit of Structure that are confirmed by the General Meeting of the Society.
Section VII. Convocation of the General Meeting of the Members and the decision taking.
7.1. General Meeting of the Members is the supereme Decision Making Institution of the Society.
7.2. All the Members of the Society have the rights to participate in the General Meeting of the Members.
7.3. A Member can also participate in the General Meeting of the Members by the mediation of a Representative. Any Authorization to participate in the General Meeting of the Members is to be submitted in the legal address of the Society 48 hours before the General Meeting of the Members.
7.4. Within the competence of the General Meeting of the Members there shall lie the decision taking on:
7.4.1. making the amendments in the Regulations;
7.4.2. the election and recall of the Members of the Board and of the Auditing Institution;
7.4.3. the termination, continuation or reorganization of the activity of the Society;
7.4.4. other matters that in accordance with the Law or with the Regulations of the Society are delivered to the competence of the General Meeting of the Members.
7.5. An Interim General Meeting of the Members can be convoked upon an initiative of the Board or if that is demanded in writing by not less than one tenth of the Members of the Society indicating the cause of the convocation.
7.6. A General Meeting of the Members is convoked sending a written invitation to every Member not later than two weeks before the General Meeting of the Members.
7.7. A General Meeting of the Members is with the rights to take decisions if there participate more than half of the Members in it.
7.8. If a General Meeting of the Members is not with the rights to take decisions due to a lack of the quorum within the time of three weeks there is convoked a repeated General Meeting of the Members that has the rights to take decisions notwithstanding the number of the Members present with a condition that there participate at least two Members in it.
7.9. A General Meeting of the Members is presided by the Chairman of the Board unless the Members elect another Chairman of the General Meeting of the Members. There are taken the minutes on the process of a General Meeting of the Members and they are signed by the Chairman of the General Meeting and by the Recorder.
7.10. A General Meeting of the Members takes place openly if there is not taken a substantiated decision on another order of the process of the General Meeting of the Members by the General Meeting of the Members.
7.11. Every Member in a General Meeting of the Members has one vote.
7.12. A Member does not have rights to vote if there is decided on the conclusion of deals with this Member or on making a claim or on the cessation of a case against this Member by the Meeting of the Members.
7.13. A Decision of the General Meeting of the Members is taken if there has voted more than half of the present Members for it unless there is envisaged other number of votes within the Law in particular cases.
Section VIII. Executive Institution.
8.1. Executive institution of the Society is the Board that manages and represents the Society and it consists of 6 (six) Members of the Board.
8.2. A Member of the Board has to be a capable physical entity.
8.3. Members of the Board are elected by the General Meetinf for a term of 2 years with the right to re-election.
8.4. Chairman of the Board is appointed by the Board from the Members of the Board for a term of 2 years with the right to re-election but for not more than for one term. Each subsequent Chairman of the Board must come from a different country.
8.5. The Board manages the property of the Society and deals with its funds in accordance with the Law, Regulations and with the Decisions of the General Meeting of the Members, concludes contracts, represents the Society in relations with the third persons, opens the account in a bank and carries out any other activities that are necessary and desirable for the ensurance of the activity of the Society. The Board organizes the registration of the accountancy.
8.6. The Board has the rights to decide on all the matters that do not lie within an exclusive competence of the Meeting of the Members.
8.7. Members of the Board have the rights to represent the Society separately.
8.8. A Member of the Board does not have the right to deliver his authorization to any third persons except to another Member of the Board.
8.9. A Member of the Board at any time can submit to the Society a notification on the leaving of the position of the Member of the Board.
8.10. At least one meeting of the Board takes place each quarter. The Board is quorate if more than a half of the Members of the Board participate in the meeting. A decision is taken by a simple majority of the votes of the Members of the Board that are present.
8.11. There are taken down the minutes of the Sessions of the Board of the Society. In the minutes there obligatory are entered the taken decisions indicating the voting “pro” or “contra” of every Member of the Board for every decision.
8.12. A Member of the Board fulfils his obligations without a remuneration.
8.13. The Board elects an Executive Director. The Executive Director:
8.13.1. Organises the administrative work;
8.13.2. Ensures summoning of General Meetings and Meetings of the Board;
8.13.3. Supervises the development of a centralised communications and service system, which includes maintenance of communication, forecasting the market situation, analysis of economic information, improving professional skils of the Members of the Society;
8.13.4. Does extensive explanatory work with the mass media with a view to increasing the prestige of the Society and the Members thereof;
8.13.5. Supervises implementation of the decisions taken and tasks set by the Board.
Section IX. Treasurer.
9.1. Control of the financial and economical activity of the Society is carried out by the Treasurer elected by the General Meeting of Members for two years.
9.2. Treasurer of the Society can not be a Member of the Board of the Society.
9.3. Treasurer:
9.3.1. carries out the audit of the property and financial funds of the Society;
9.3.2. gives approval for the budget and for the Annual Report of the Society;
9.3.3. evaluates the work of the accountancy and record keeping of the Society;
9.3.4. provides recommendations for the improvement of the financial and economical activity of the Society.
9.4. Treasurer carries out the audit within the terms fixed by the General Meeting of Members though not less than once a year.
9.5. General Meeting of Members confirms the Annual Report of the Society only after the receipt of the approval of the Treasurer.
Section X. Membership fee.
10.1. The amount of the Membership fee is fixed by the Board in December of every year of the calendar basing on the Decision of the General Assembly of the FIABCI.
10.2. Members of the Society pay the Membership fee once a year till January 31.
10.3. If a Member is admitted to the Society he starts to pay the Membership fee beginning from the month of admission one twelfth from the amount of the Membership fee fixed in point 10.1 of the Statutes for every remaining month. The payment fixed in the present point is paid by the Member within the time of one month from the day of admission for the whole period.
Section XI. Miscellaneous.
11.1. After the end of the accounting year the Annual Report of the Society is prepared by the Board in compliance with the requirements of the Acts of Law. Every year not later than till March 31 the Annual Report of the Society according to the order stated by the Acts of Law is submitted to the State Revenue Service and to the Institution of the Register.