Differences

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

--- 5th_council_meeting_2019:other_items [2019/09/06 17:18] – [Proposal 3] thomasg
+++ 5th_council_meeting_2019:other_items [2019/09/07 12:54] – Typos bastian
@@ Line 1: / Line 1: @@
 ==== Motions concerning the statutes ====
 ==== Motion 1 ====
-//Motion by PP??//
+Motion by PP-DE
-//Text.//\\
+Reasoning: The board shall be workable at all times.\\
-Textexample\\
-Reasoning: The board shall be workable at all times.\\
+==== Draft proposals concerning the statutes ====
+=== Proposal 1 ===
-==== Not yet finalised proposals concerning the statutes ====
+**Proposal by PP-DE**
-**Typos etc.**
+**Article 13 - Membership Fees**\\
-==== Proposal 1 ====
-//Proposal by PPDE//
+Change\\
+(1) A fee is requested of the Ordinate Member parties.\\
-//Article 13 - Membership Fees//\\
+to\\
+(1) A fee is requested of Ordinary Members\\
-Change\\
+Reasoning: follows \\
-(1) A fee is requested of the Ordinate Member parties.\\
-to\\
+=== Proposal 2 ===
-(1) A fee is requested of Ordinary Members\\
-Reasoning: follows \\
+**Proposal by PP-DE**\\
+**Article 14 - Composition and Powers of the Council**\\
-==== Proposal 2 ====
+Change\\
+(2) Council meetings are normally open to the public unless the Council itself decides otherwise for all or part of its proceedings.\\
-//Proposal by PPDE//\\
+to\\
+(2) Council meetings are open to the public unless the Council itself decides otherwise for all or a part of the council meeting.\\
-//Article 14 - Composition and Powers of the Council//\\
+Reasoning: follows \\
-Change\\
+=== Proposal 3 ===
-(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 PP-DE**\\
-(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 \\
+**Art. 23 – Audit**\\
-==== Proposal 3 ====
+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)).\\
-//Art. 23 – Audit//\\
+Reasoning: follows\\
-Change\\
+=== Proposal 4 ===
-(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 PP-DE**\\
-(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: Not to not\\
+**Article 25 – Change of Statutes**\\
-==== Proposal 4 ====
+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 PP-DE**\\
-(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: Switch Belgium to Luxembourg\\
-Change\\
+=== Proposal 6 ===
-(3) Any decision amending the Statutes shall be submitted to the Company Registrar (RCSL) and published according to the law.\\
-to\\
+**Proposal by PP-DE**\\
-(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/  \\
+**Art. 21 – Financial Provisions**\\
-==== Proposal 6 ====
+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. 21 – Financial Provisions\\
+Reasoning: Delete Belgium and simplify the process\\
-Change\\
+**Major changes**
-(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 7 ===
-(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 PP-DE**\\
-\\
+**Article 13 – Membership Fees**\\
-==== Proposal 7 ====
+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.\\
-//Proposal by PPDE//\\
+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. \\
-//Art. 21 – Financial Provisions\\
-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.\\
-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.\\
-Reasoning: Delete Belgium and simplify the process\\
-**Major changes**
-==== Proposal 8 ====
+Reasoning: simplify the process\\
-//Proposal by PPDE//\\
-//Article 13 – Membership Fees\\
+=== Proposal 8 ===
-Change\\
+**Proposal by PP-DE**\\
-(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.\\
-to\\
+**Article 16 - Composition and Powers of the Board**\\
-(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. \\
-Reasoning: simplify the process \\
+Change\\
-\\
-==== Proposal 9 ====
+(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. \\
-//Proposal by PPDE//\\
+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  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. \\
-//Article 16 - Composition and Powers of the Board\\
+Reasoning: Omit one oblivious sentence\\
-Change\\
+=== Proposal 9 ===
-(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. \\
+**Proposal by PP-DE**\\
-to\\
+**Art. 17 - Election of the Board Members**\\
-(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\\
+Change\\
-\\
+(3) All nominations shall be done at least a month prior to the meeting at which the election takes place. \\
-==== Proposal 10 ====
+to\\
-//Proposal by PPDE//\\
+(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.\\
-//Art. 17 - Election of the Board Members\\
+Reasoning: Lesson learned\\
-Change\\
+=== Proposal 10 ===
-(3) All nominations shall be done at least a month prior to the meeting at which the election takes place. \\
-to\\
+**Proposal by PP-DE**\\
-(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\\
+**Art. 17 - Election of the Board Members**\\
+Change\\
+(11) An election of the Board must take place at the first council meeting of the year.\\
-==== Proposal 11 ====
+to\\
-//Proposal by PPDE//\\
+(11) An election of the Board must take place once a year. The election period shall not last longer than 15 months.\\
-//Art. 17 - Election of the Board Members\\
+Reasoning: Lesson learnt, remember we had been hindered this year for an early council meeting\\
-Change\\
+=== Proposal 11 ===
-(11) An election of the Board must take place at the first council meeting of the year.  \\
-to\\
+**Proposal by PP-DE**\\
-(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\\
+**Art. 23 – Audit**
-==== Proposal 12 ====
+Change\\
-//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)). \\
-//Art. 23 – Audit\\
+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).\\
-Change\\
+Reasoning: Auditors are needed. As off today no need for expensive auditors is given.\\
-(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 12 ===
-(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.\\
+**Proposal by PP-DE**\\
-==== Proposal 13 ====
+**Article 25 – Change of Statutes**\\
-//Proposal by PPDE//\\
-//Article 25 – Change of Statutes\\
+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 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. \\
-Change\\
+to\\
-(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. \\
-to\\
+(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. \\
-(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. \\
 Reasoning: Delete "double" \\