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statutes:draft:generalprovisions

<hidden onHidden=“GP10 ⇲” onVisible=“GP10 ⇱” initialState=“visible”> Name

The official name of the association shall be “The European Pirate Party” and “European Pirates”, abbreviated “PPEU” or “PIRATES”. Both the full and the abbreviated names may be used indistinguishably.

All acts, invoices, announcements, publicity, letters, orders and other documents issued by the Association, shall indicate the full name or the abbreviated name of the Association preceded or followed by the words “internationale vereniging zonder winstoogmerk” or “association internationale sans but lucratif or the abbreviation “IVZW” or “AISBL”, as well as the indication of the registered office of the Association.

A list of official translations of the association's name which may be used by the member parties is included in Annex A.</hidden>

<hidden onHidden=“GP20 ⇲” onVisible=“GP20 ⇱” initialState=“visible”> Seat

The seat of the European Pirate Party is situated at Rue Wiertz, Altiero Spinelli 06E264, 1047 Brussels, Belgium.

The Council may move the seat anywhere in Belgium by simple majority vote. The move must be published in the Belgian Official Gazette in accordance with Belgian law. To move it to any other location the Council has to decide unanimously.

An unanimous vote of the Council is also needed to establish other offices and/or subsidiaries outside of Belgium. Inside of Belgium other offices and subsidiaries may be established by simple majority vote of the Council.

Matters related to the application of the Statutes shall be determined by the courts of Brussels or by arbitration and the laws of Belgium shall apply. </hidden>

<hidden onHidden=“GP30 ⇲” onVisible=“GP30 ⇱” initialState=“visible”> Legal Provisions

Article 10 of the Treaty establishing the European Union recognises that, ”political parties at European level are important as a factor for integration within the Union. They contribute to forming a European awareness and to expressing the political will of the citizens of the Union.

The Association carries out its activities, pursues its aims and is organised and financed in conformity with the Regulation (EC) no. 2004/2003 of the European Parliament and Council of 4 November 2003 on the regulations governing political parties at European level and the rules regarding their funding.

The Association is regulated by the dispositions of Title III of the Belgian law of 27 June 1921 on non-profit associations (ASBL), international non-profit associations (AISBL) and foundations, as amended by the Act of 2 May 2002.

Within one month of announcement of the statutes, a list must be deposited with the registry of the civil court for the place where the association is established, recording the name, legal form of a company and seat of all the full members of the association in alphabetical order.

The list shall be updated every year by recording membership changes by name in alphabetical order. Anyone may inspect such lists free of charge.

Any amendment of the statutes must be deposited with the registry of the commercial court and published in the Annex to the Belgian State Gazette.

This shall also apply to the appointment, resignation or dismissal of a member of the Board.

All matters not expressly provided for or regulated in these statutes shall be governed by the Act of 27 June 1921 or legislation replacing that Act after the foundation of the Association, general legislation, the internal rules and relevant practice. </hidden> <hidden onHidden=“GP40 ⇲” onVisible=“GP40 ⇱” initialState=“visible”> Language

In the event of divergence or of doubt between these statutes in the original version in English and any version in another language, the English language version prevails.

English shall be the working language of the Association. Any initiatives and proposals can only be adopted, if they have been translated into English prior to the start of the decision-making-process on the level of the Association. </hidden>

<hidden onHidden=“GP50 ⇲” onVisible=“GP50 ⇱” initialState=“visible”> Representation

The Council represents the Association in all judicial and extra judicial acts. Represented by the Chairman or the person substituting for him, it acts as plaintiff or defendant in all the judicial actions and decides whether or not to use recourse. The Board may appoint an attorney-in-fact, and is legally bound by acts of such person within the limits of their power of attorney.

Any member of the Board may bind the Association for acts of daily management.

For the acts that bind the Association, other than those of daily management, the Council is represented at least by one special delegate and by one of the members of the Board, who need not justify themselves of their own powers with regard to third persons. </hidden>

<hidden onHidden=“GP60 ⇲” onVisible=“GP60 ⇱” initialState=“visible”> Limited liability

Members of the Association, members of the Council, members of the Board and people in charge of daily management are not bound by the obligations of the Association.

The liability of the members of the Board and the Coucil or of people charged with the daily management of the Association is limited to the strict fulfilment of their mandate. </hidden>

<hidden onHidden=“GP70 ⇲” onVisible=“GP70 ⇱” initialState=“visible”> Principles

The Association shall pursue international aims in respect of the principles on which the European Union is based, namely principles of freedom, equality, solidarity, democracy, respect of Human Rights and Fundamental Freedoms, and respect for the Rule of Law.

The Association shall work as transparent as possible, regarding the protection of personal data and the right to privacy of the people involved.

The Association shall take into account the opinion of each individual Pirate who is a member of any of the member parties. Important decisions shall be based on democratic principles for the inner workings of the Association.

The Association shall adhere to all regulations necessary to being recognized as a Party at European level.

The members of the Association shall adopt a Common Manifesto which shall reflect the principles and policies of the European Pirate movement.

All decisions concerning choices and attitudes of PPEU member parties or political organizations in their own countries remain strictly under the sovereignty of national parties.

The Association may carry out all operations and conduct all activities (including real estate transactions), both in Belgium and abroad, which directly or indirectly increase or promote its objectives under the conditions that they adhere to the principles of this organisation stated in this article and does not undertake industrial or commercial transactions and does not seek to procure a profit to its members.

In interpreting these Statutes a pragmatic approach shall be chosen with preference to the spirit and purpose of the Statutes. </hidden>

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