Differences

This shows you the differences between two versions of the page.

--- 5th_council_meeting_2019:other_items [2019/09/06 16:57] – thomasg
+++ 5th_council_meeting_2019:other_items [2019/09/06 20:35] – thomasg
@@ Line 1: / Line 1: @@
-====== Motions concerning the statutes ======
+==== Motions concerning the statutes ====
-===== Motion 1 =====
+==== Motion 1 ====
 //Motion by PP??//
 //Text.//\\
 Textexample\\
 Reasoning: The board shall be workable at all times.\\
-====== Not finalised Proposals concerning the statutes ======
+==== Draft proposals concerning the statutes ====
-===== Proposal 1 ======
+**Typos etc.**
+=== Proposal 1 ===
 //Proposal by PPDE//
 //Article 13 - Membership Fees//\\
+Change\\
+(1) A fee is requested of the Ordinate Member parties.\\
+to\\
+(1) A fee is requested of Ordinary Members\\
+Reasoning: follows \\
+=== Proposal 2 ===
+//Proposal by PPDE//\\
+//Article 14 - Composition and Powers of the Council//\\
+Change\\
+(2) Council meetings are normally open to the public unless the Council itself decides otherwise for all or part of its proceedings.\\
+to\\
+(2) Council meetings are open to the public unless the Council itself decides otherwise for all or a part of the council meeting.\\
-Change\\
+Reasoning: follows \\
-(1) A fee is requested of the Ordinate Member parties.\\
-to\\
+=== Proposal 3 ===
-(1) A fee is requested of Ordinary Members\\
-Reasoning: follows \\
+//Proposal by PPDE//\\
+//Art. 23 – Audit//\\
-===== Proposal 2 ======
+Change\\
+(1) If, pursuant to the provisions applicable to it, the Association is so required, auditing of the financial condition, annual accounts and their regularity from the point of view of the Law on Not-for-profit Associations and the status of transactions to be reflected in the annual accounts shall be entrusted to one or more auditors appointed by the Council from among the members of the Luxembourgish Institute of Company Auditors (Institut des réviseurs d'entreprises (IRE)). \\
-//Proposal by PPDE//\\
+to\\
+(1) If, pursuant to the provisions applicable to it, the Association is so required, auditing of the financial condition, annual accounts and their regularity from the point of view of the law on not-for-profit associations and the status of transactions to be reflected in the annual accounts shall be entrusted to one or more auditors appointed by the Council from among the members of the Luxembourgish Institute of Company Auditors (Institut des réviseurs d'entreprises (IRE)).\\
-//Article 14 - Composition and Powers of the Council//\\
+Reasoning: Not to not\\
-Change\\
+=== Proposal 4 ===
-(2) Council meetings are normally open to the public unless the Council itself decides otherwise for all or part of its proceedings.\\
-to\\
+//Proposal by PPDE//\\
-(2) Council meetings are open to the public unless the Council itself decides otherwise for all or a part of the council meeting.\\
-Reasoning: follows \\
+//Article 25 – Change of Statutes//\\
-===== Proposal 3 ======
+Change\\
+(3) Any decision amending the Statutes shall be submitted to the Company Registrar (RCSL) and published according to the law.\\
-//Proposal by PPDE//\\
+to\\
+(3) Any decision amending the Statutes shall be submitted to the Company Registrar (RCS) and published according to the law.\\
-//Art. 23 – Audit//\\
+Reasoning: correct term " Registre de commerce et des sociétés (RCS)" see https://www.rcsl.lu/  \\
-Change\\
+=== Proposal 5 ===
-(1) If, pursuant to the provisions applicable to it, the Association is so required, auditing of the financial condition, annual accounts and their regularity from the point of view of the Law on Not-for-profit Associations and the status of transactions to be reflected in the annual accounts shall be entrusted to one or more auditors appointed by the Council from among the members of the Luxembourgish Institute of Company Auditors (Institut des réviseurs d'entreprises (IRE)). \\
-to\\
+//Proposal by PPDE//\\
-(1) If, pursuant to the provisions applicable to it, the Association is so required, auditing of the financial condition, annual accounts and their regularity from the point of view of the law on not-for-profit associations and the status of transactions to be reflected in the annual accounts shall be entrusted to one or more auditors appointed by the Council from among the members of the Luxembourgish Institute of Company Auditors (Institut des réviseurs d'entreprises (IRE)).\\
-Reasoning: follows\\
+//Art. 21 – Financial Provisions\\
-===== Proposal 4 ======
+Change\\
+(7) The Board shall ensure that the annual accounts and the other documents  referred to in the Law on Not-for-profit Associations are deposited within thirty (30) days of approval at the Registry of the Court of First Instance or, if the law so requires, the National Bank of Belgium.  \\
-//Proposal by PPDE//\\
+to\\
+(7) The Board shall ensure that the annual accounts and the other documents referred to in the Law on Not-for-profit Associations are published within sixty (60) days on the PPEU wiki.\\
-//Art. 23 – Audit//\\
+Reasoning: Switch Belgium to Luxembourg\\
-Change\\
+=== Proposal 6 ===
-(1) If, pursuant to the provisions applicable to it, the Association is so required, auditing of the financial condition, annual accounts and their regularity from the point of view of the Law on Not-for-profit Associations and the status of transactions to be reflected in the annual accounts shall be entrusted to one or more auditors appointed by the Council from among the members of the Luxembourgish Institute of Company Auditors (Institut des réviseurs d'entreprises (IRE)). \\
-to\\
+Proposal by PPDE\\
-(1) If, pursuant to the provisions applicable to it, the Association is so required, auditing of the financial condition, annual accounts and their regularity from the point of view of the law on not-for-profit associations and the status of transactions to be reflected in the annual accounts shall be entrusted to one or more auditors appointed by the Council from among the members of the Luxembourgish Institute of Company Auditors (Institut des réviseurs d'entreprises (IRE)).\\
-Reasoning: follows\\
+//Art. 21 – Financial Provisions\\
-===== Proposal 5 ======
+Change\\
+(7) The Board shall ensure that the annual accounts and the other documents  referred to in the Law on Not-for-profit Associations are deposited within thirty (30) days of approval at the Registry of the Court of First Instance or, if the law so requires, the National Bank of Belgium.\\
-//Proposal by PPDE//\\
+to\\
+(7) The Board shall ensure that the annual accounts and the other documents referred to in the Law on Not-for-profit Associations are published within sixty (60) days on the PPEU wiki.\\
-//Article 25 – Change of Statutes//\\
+Reasoning: Delete Belgium and simplify the process\\
-Change\\
+**Major changes**
-(3) Any decision amending the Statutes shall be submitted to the Company Registrar (RCSL) and published according to the law.\\
-to\\
+=== Proposal 7 ===
-(3) Any decision amending the Statutes shall be submitted to the Company Registrar (RCS) and published according to the law.\\
-Reasoning: correct term " Registre de commerce et des sociétés (RCS)" see https://www.rcsl.lu/  \\
+Proposal by PPDE\\
-===== Proposal 6 =====
+//Article 13 – Membership Fees\\
-//Proposal by PPDE//\\
+Change\\
+(7) Members must pay their annual contribution between the first of January and the date of the annual Council meeting. On request of the concerned Ordinary Member party the Council may allow them under special circumstances with a 2/3-majority of the votes cast to delay their annual contribution for up to one year or relieve them of the payment or a part of it. The member party concerned may not vote on such a decision.\\
-//Art. 21 – Financial Provisions\\
+to\\
+(7) Members must pay their annual contribution within 30 days after invoicing. On request of the concerned Ordinary Member party the Council may allow them under special circumstances with a 2/3-majority of the votes cast to delay their annual contribution for up to one year or relieve them of the payment or a part of it. The member party concerned may not vote on such a decision. \\
-Change\\
+Reasoning: simplify the process\\
-(7) The Board shall ensure that the annual accounts and the other documents  referred to in the Law on Not-for-profit Associations are deposited within thirty (30) days of approval at the Registry of the Court of First Instance or, if the law so requires, the National Bank of Belgium.  \\
-to\\
+=== Proposal 8 ===
-(7) The Board shall ensure that the annual accounts and the other documents referred to in the Law on Not-for-profit Associations are published within sixty (60) days on the PPEU wiki.\\
-Reasoning: Switch Belgium to Luxembourg\\
+Proposal by PPDE\\
-===== Proposal 7 =====
+Article 16 - Composition and Powers of the Board\\
-//Proposal by PPDE//\\
-//Art. 21 – Financial Provisions\\
+Change\\
-Change\\
+(9) For the purposes of certain actions and duties or everyday management functions, the Board may transfer its powers to one or more members of the Board or even another person, who may or may not be a member of the  Association. The Board will have the faculty of special delegate. The  powers of the said person(s) shall be defined precisely by the Board; the Board may at any time revoke these powers with immediate effect. \\
-(7) The Board shall ensure that the annual accounts and the other documents  referred to in the Law on Not-for-profit Associations are deposited within thirty (30) days of approval at the Registry of the Court of First Instance or, if the law so requires, the National Bank of Belgium.\\
 to\\
-(7) The Board shall ensure that the annual accounts and the other documents referred to in the Law on Not-for-profit Associations are published within sixty (60) days on the PPEU wiki.\\
+(9) For the purposes of certain actions and duties or everyday management functions, the Board may transfer its powers to one or more members of the Board or even another person, who may or may not be a member of the  Association. The  powers of the said person(s) shall be defined precisely by the Board; the Board may at any time revoke these powers with immediate effect. \\
-Reasoning: Delete Belgium and simplify the process\\
+Reasoning: Omit one oblivious sentence\\
-===== Proposal 8 =====
+=== Proposal 9 ===
 //Proposal by PPDE//\\
-//Article 13 – Membership Fees\\
+//Art. 17 - Election of the Board Members\\
 Change\\
-(7) Members must pay their annual contribution between the first of January and the date of the annual Council meeting. On request of the concerned Ordinary Member party the Council may allow them under special circumstances with a 2/3-majority of the votes cast to delay their annual contribution for up to one year or relieve them of the payment or a part of it. The member party concerned may not vote on such a decision.\\
+(3) All nominations shall be done at least a month prior to the meeting at which the election takes place. \\
 to\\
-(7) Members must pay their annual contribution within 30 days after invoicing. On request of the concerned Ordinary Member party the Council may allow them under special circumstances with a 2/3-majority of the votes cast to delay their annual contribution for up to one year or relieve them of the payment or a part of it. The member party concerned may not vote on such a decision. \\
+(3) All nominations shall be done at least a month prior to the meeting at which the election takes place. In case no nomination for Chairperson, Vice-Chairpersons or Treasurer is given until the deadline, candidates can be nominated until a day prior to the council meeting with proof given by an Ordinary Member party. This latter rule does not apply for additional board members.\\
-Reasoning: simplify the process \\
+Reasoning: Lesson learned\\
-\\
-===== Proposal 9 =====
+=== Proposal 10 ===
+//Proposal by PPDE//\\
-//Proposal by PPDE//\\
+//Art. 17 - Election of the Board Members\\
-//Article 16 - Composition and Powers of the Board\\
+Change\\
+(11) An election of the Board must take place at the first council meeting of the year.  \\
-Change\\
+to\\
-(9) For the purposes of certain actions and duties or everyday management functions, the Board may transfer its powers to one or more members of the Board or even another person, who may or may not be a member of the  Association. The Board will have the faculty of special delegate. The  powers of the said person(s) shall be defined precisely by the Board; the Board may at any time revoke these powers with immediate effect. \\
+(11) An election of the Board must take place once a year. The election period shall not last longer than 15 months.\\
-to\\
+Reasoning: Lesson learnt, remember we had been hindered this year for an early council meeting\\
-(9) For the purposes of certain actions and duties or everyday management functions, the Board may transfer its powers to one or more members of the Board or even another person, who may or may not be a member of the  Association. The  powers of the said person(s) shall be defined precisely by the Board; the Board may at any time revoke these powers with immediate effect. \\
-Reasoning: Omit one oblivious sentence\\
+=== Proposal 11 ===
-\\
+//Proposal by PPDE//\\
-===== Proposal 10 =====
+//Art. 23 – Audit\\
-//Proposal by PPDE//\\
-//Art. 17 - Election of the Board Members\\
+Change\\
+(1) If, pursuant to the provisions applicable to it, the Association is so required, auditing of the financial condition, annual accounts and their regularity from the point of view of the Law on Not-for-profit Associations and the status of transactions to be reflected in the annual accounts shall be entrusted to one or more auditors appointed by the Council from among the members of the Luxembourgish Institute of Company Auditors (Institut des réviseurs d'entreprises (IRE)). \\
-Change\\
+to\\
-(3) All nominations shall be done at least a month prior to the meeting at which the election takes place. \\
+(1) If, pursuant to the provisions applicable to, auditing of the financial condition, annual accounts and their regularity from the point of view of the Law on Not-for-profit Associations and the status of transactions to be reflected in the annual accounts shall be entrusted to one or more auditors according to Art. 23 (2).\\
-to\\
+Reasoning: Auditors are needed. As off today no need for expensive auditors is given.\\
-(3) All nominations shall be done at least a month prior to the meeting at which the election takes place. In case no nomination for Chairperson, Vice-Chairpersons or Treasurer is given until the deadline, candidates can be nominated until a day prior to the council meeting with proof given by an Ordinary Member party. This latter rule does not apply for additional board members.\\
-Reasoning: Lesson learned\\
+=== Proposal 12 ===
+//Proposal by PPDE//\\
+//Article 25 – Change of Statutes\\
-===== Proposal 11 =====
+Change\\
-//Proposal by PPDE//\\
+(2) Decisions regarding amendments to the Statutes can only be taken if there is an attendance quota of two-thirds of the members entitled to vote present or represented and shall be taken with a double majority of two-thirds of the votes cast by two-thirds of the Ordinary Members taking part in the voting, except for decisions on the Principles (Art. 4) and Objectives (Art. 5) where consent of all the Ordinary Council Members is necessary. \\
-//Art. 17 - Election of the Board Members\\
+to\\
-Change\\
+(2) Decisions regarding amendments to the Statutes can only be taken if there is an attendance quota of two-thirds of the members entitled to vote present or represented and shall be taken with a majority of two-thirds of the votes cast by the Ordinary Members taking part in the voting, except for decisions on the Principles (Art. 4) and Objectives (Art. 5) where consent of all the Ordinary Council Members is necessary. \\
-(11) An election of the Board must take place at the first council meeting of the year.  \\
-to\\
+Reasoning: Delete "double" \\
-(11) An election of the Board must take place once a year. The election period shall not last longer than 15 months.\\
-Reasoning: Lesson learnt, remember we had been hindered this year for an early council meeting\\
-===== Proposal 12 =====
-//Proposal by PPDE//\\
-//Art. 23 – Audit\\
-Change\\
-(1) If, pursuant to the provisions applicable to it, the Association is so required, auditing of the financial condition, annual accounts and their regularity from the point of view of the Law on Not-for-profit Associations and the status of transactions to be reflected in the annual accounts shall be entrusted to one or more auditors appointed by the Council from among the members of the Luxembourgish Institute of Company Auditors (Institut des réviseurs d'entreprises (IRE)). \\
-to\\
-(1) If, pursuant to the provisions applicable to, auditing of the financial condition, annual accounts and their regularity from the point of view of the Law on Not-for-profit Associations and the status of transactions to be reflected in the annual accounts shall be entrusted to one or more auditors according to Art. 23 (2).\\
-Reasoning: Auditors are needed. As off today no need for expensive auditors is given.\\