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statutes:draft:duration

<hidden onHidden=“Du10 ⇲” onVisible=“Du10 ⇱” initialState=“visible”> Duration and Dissolution

The Association shall be set up for an unlimited period of time.

The Association is not dissolved as a result of the death, dissolution or resignation of a member, provided the number of members is not less than ten Ordinary Members from at least one fourth of the EU member countries.

In the event that European legislation provides for a different legal status for political parties and the Council of the Association decides to adopt such a status, the financial and other assets of the Association (aisbl) shall be transferred to the new legal entity upon the cessation of the activities of the aisbl.

Except in the event of judicial dissolution and automatic dissolution due to the requirements of the law, the association may be prematurely dissolved only by a decision of the Council acting in accordance with Article 20 of the Law on Not-for-profit Associations.

It may be dissoluted by a four-fifth majority decision of the Council with an attendance quota of two-thirds of the members entitled to vote present or represented. If the quota is not reached, a new meeting of the Council shall be called no earlier than 15 calendar days after the first meeting. The second meeting of the Council shall be entitled to take valid decisions irrespective of the number of members with voting rights present or represented.

As from the moment the decision of dissolution is taken, the Association is required to mention at all times that it is ‘in dissolution’.

In the event that the Association is dissolved, the Council shall decide by a simple majority of the votes cast on (i) the appointment, powers and remuneration of the liquidators, (ii) the methods and procedures for the liquidation of the Association and (iii) the destination to be given to the net assets of the Association. The net assets of the Association will have to be allocated to a non-profit purpose. They may be divided among the member parties according to their financial contributions.

All such decisions have to be duly filed at the clerk’s office of the competent Commercial Court and published in the Annexes of the Belgian Official Gazette in line with the applicable legislation. </hidden>

<hidden onHidden=“Du20 ⇲” onVisible=“Du20 ⇱” initialState=“visible”> Transitional Provisions

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<hidden onHidden=“Du30 ⇲” onVisible=“Du30 ⇱” initialState=“visible”> Entry into Force

This Treaty enters into force, when and if at least 10 European Pirate Parties who are eligible to become Ordinary Members have signed and ratified these Statutes and elected or in any other way chosen their delegates and candidates for the Board.

All members have to notify any member or potential member of any of these acts:

a) signing of the Statutes, b) ratification of the Statutes or c) electing or choosing in any other way a delegate or candidate for the Board of the Association.

This shall be done by both of the following means:

a) by email to the official mailing list of the Association and b) by sending a letter to the official seat of the Association according to these Statutes. </hidden>

<hidden onHidden=“Du40 ⇲” onVisible=“Du40 ⇱” initialState=“visible”> Founding Conference

After entry into force of these Statutes the Ordinary Member which has fulfilled all the conditions set up in Art. X first, shall either host the Founding Conference themself or choose a volunteering other Ordinary Member to do so.

The date for the Founding Conference shall not be set earlier than three months after the entry into force of these Statutes. Any new member accessing to the Association during this period shall also be invited to the Founding Conference and regarded as founding members.

At the Founding Conference all attending members will elect a chairman for the meeting from among the participating delegates. The chairman shall moderate the meeting and shall hold the elections for the Board and the Arbitrators and ensure the appointment of any necessary Auditors.

The Council will also decide about the amount of and the deadline for paying the first membership fees. It shall take into account the funds of each Ordinary and Associate Member and the number of members of each Ordinary and Associate Member Party. Therefore each Ordinary and Associate Member Party shall provide the relevant information at the Founding Conference.

The first financial year will start with the date of the Founding Conference and finish at the 31st December of the same year.

The Founding members are obliged to present the necessary documents for becoming a member of a certain class to the Secretary General until the next annual Council meeting. After examining and assessing those documents, the Board shall make a recommendation to the Council, if they shall accept the Founding member as a member of the relevant member class it has been sorted into temporarily on a permanent basis. During the temporary membership phase all rights and duties of the relevant member class shall apply, notwithstanding any derogating statutory provisions. If a Founding member is not accepted, its membership status will be revoked directly after the Council made its decision. </hidden>

/var/www/wiki.ppeu.net/web/data/pages/statutes/draft/duration.txt · Last modified: 2013/07/21 19:15 by 127.0.0.1