The constitution of an association
Section I. General provisions
Art. 1. Title of association
Unincorporated association MEDZIHORIE
Art. 2. Residence of association
Municipal authority, Horná Ves 191, 972 48 Horná Ves
Art. 3. Legal relationhips of association
3. 1. Unincorporated associated Medzihorie (hereinafter referred to as the Association) is a legal person, which was established upon registration at the Ministry of Interior of Slovak Republic.
3. 2. The legal relationships of the association follow the Act FZ CSFR No. 83 as of March 27th 1990 on the association of citizens, Act FZ CSFR No. 300 as of July 19th 1990 and Act zf the National Council of Slovak Republic No. 62 as of February 18th 1993 to amend the Act No. 83/90 on the association of citizens as amended, and also by further generally binding regulations and the constitution herein.
3. 3. The association was established for indefinite period of time.
Art. 3. Objectives and activities of the association
The objective of the unincorporated association Medzihorie, which includes the villages Horná Ves, Oslany, Radobica, Veľké Pole a Veľké Uherce, is primarily initiation, support of preparation and implementation of projects in the following areas:
4. 1. Assistance in executing the tasks of self-administration
4. 2. Cooperation when developing all forms of tourism
4. 3. Initiation of the establishment of agrotourism centers
4. 4. Improvement of natural environment (removal of forbidden waste dumps, cleaning of rivers, improving the appearance of villages and municipalities, and so forth).
4. 5. Development of sports, cultural and social events.
4. 6. Assistance in creating new working positions
4. 7. Influencing of the overall level of citizens through educational activities.
4. 8. Assistance in promotion and popularization of the microregion.
4. 9. In publishing activity.
4. 10. In investment activity.
Section II. Association membership
Art. 5. Members of the asociation
5. 1. To become the member of the association you have to be:
- natural persons – inhabitants of associated villages, owners of cottages and challets in the area of associated villages,
- natural persons – sole traders or enterpreneurs doing business in the area of associated villages.
- legal persons – members of the association.
5. 2. Every member contributes to the property of the association in form of:
a) One-time entrance financial fee amounting to:
- natural person 200 Sk (6.64 Eur)
- natural person – sole trader or enterpreneur 500 Sk (16.59 Eur)
- legal person 5 000 Sk (165.96 Eur)
b) Annual financial fee amounting to:
- natural person 100 Sk (3.32 Eur)
- natural person – sole trader or enterpreneur 300 Sk (9.96 Eur)
- legal person 1 Sk (0.033 Eur) per inhabitant
Art. 6. Rights and duties of the asociation members
6. 1. The association members have the right to:
a) Participate in voting with the right to vote at the Assembly of association members
b) Submit the organs of the association proposals related to the solution of tasks consistent with its objectives
c) Use services provided to its members by the association, or which the association has anyhow acquired
d) Receive information on the activity of the association
6. 2. Duties of association members:
a) Assist in the association's activity and its mission and to protect its good name
b) Assist in promoting property acquisition
c) Fulfill the objectives of the association
Art. 7. Termination of membership
7. 1. Membership in association terminates:
a) by resignation in writing
b) in consequence of extinguishment of legal person
c) in consequence of death
7. 2. By termination of asociation membership terminate all rights and duties of the association member
7. 3. Upon termination of membership terminates also the legal claim for the property contributed to the association.
Section III. Association authorities
Art. 8. The association authorities are as follows:
Assembly of the association members
Presidium of the association
President of the association
Vice-president of the association
Control committee of the association
Art. 9. Assembly of the association members
9. 1. The assembly of the association mebers is the highest body and meets at least once a year
9. 2. The assembly of the association members approves:
a) consitution of the association, meeting order and economic regulations
b) annual budget of the association
c) report on the activity and economic activity of the association
d) plan of association's activity
e) president of the association according to the timetable of rotation of the association's president
9. 3. The assembly of the association members votes:
a) vice-president of the association pursuant to the proposal of the Presidium
b) Members of the Presidium of association representing natural persons and natural persons – sole traders and enterpreneurs pursuant to the proposal of the members of association present at the Assembly of association members
c) members of the Control committee of the association
9. 4. The assembly of the association members determines the question of the extinguishment of the association pursuant to the proposal of the Presidium of association
9. 5. The assembly of association members has quorum, when absolute majority is present at the assembly. The resolutions are accepted by the majority of present members, The association member may be represented by another member by virtue of letter of attorney in writing. Each association member irrespective of being a natural person or legal person is entitled to a single vote.
Art.10. Presidium of the association
10. 1. The presidium of the association is the administrator of association and shall:
a) Represent the association in public. This function may be to partial or full extent assigned by the President of the association.
b) Carry out rights of the employer
c) Organize the activities of the association by virtue of documents approved by the Assembly of the association members
d) According to the rotation in the function of the President of the association file a motion for its approval by the Assembly members
e) File a motion to the Assembly of members for the election of the Vice-president of the association
f) File a motion to the Assembly members for the election of the Presidium members of the associazion representing natural persons and natural persons – sole traders or enterpreneurs and the members of Control committee
g) Prepare the reports on the activity of the association and report on the economic activity of the association
h) Assign expertise committees as required.
10. 2. The members of the Presidium are mayors of the associated villages, the Vice-president of the association, elected deputies of natural persons and natural persons – sole traders and enterpreneurs and the chairman of the Control committee
10. 3. Term of office of the members of the Presidium is identical with the electoral term of mayors of associated villages except the term of Office of the Vice-president of the association, who is elected for the period of 5 years.
10. 4. The membership in Presidium terminates by:
a) resignation
b) death
c) appeal.
10. 5. The association member may be retired compulsorily due to:
a) inactivity
b) activity, which is contradictory to the constitution of the association.
10. 6. The membership in the Presidium is mutually ireconcilable with the membership in the Control committee.
10. 7. The sessions of the Presidium are to be held at least twice a year. The president of the association shall call the session of Presidium, when asked by at least 4 members.
10. 8. The Presidium of the association has quorum, when absolute majority of its members is present. The resolutions are accepted by majority of the members present. The decisions regarding the use of financial resources amounting to the sum of 20.000 Sk requires the agreement of at least two-thirds majority of members present.
Upon equality of votes, the decisive vote is held by the President of the association.
Upon taking a vote on the removal of the President from office, the President is loses the right to vote.
10. 9. All sessions of the Presidium must be recorded in form of minutes signed by the President of the association. The minutes are sent to all members of the Presidium.
10. 10. The discharge of the function in the Presidium is free of charge. The expenses related to the discharge of function as the member of the Presidium shall be paid using the association financial resources.
Art. 11. Authorized representatives of the association
11. 1. The authorized representatives of the association are the president and vice-president of the association. The president is entitled to deliberate individually as the deputy of the association. The vice-president of the association is entitled to deliberate by virtue of the President of the association, or the Presidium of the association.
11. 2. The authority to sign is based on the signature of the President of the association or an accredited person annexed to the title of the association,
Art. 12. President of the association
12. 1. The President of the association is elected among the members of the Presidium for the term of 1 year. The Office of President is rotational according to the schedule, whose motion is filed by the Presidium of the association for the approval by the Assembly of the association.
12. 2. The President of the association represents the association in public and acts as its athorized representative. The President shall:
a) call and preside over the meeting of the Presidium,
b) secure the necessary adminidstrative and accounting activities connected with the activity of the association.
c) organize the fulfillment of functions pursuant to the resolutions and documents approved by the Assembly of association members.
d) call the Assembly of the association members pursuant to the Presidium of the association.
12. 3. the term of office of the President of the association terminates according to the Schedule of rotation, or following the termination of his membership in the Presidium of the association, executes all functions emerging from the resolutions up to the election of the new president of the association.
Art. 13. Vice-president of the association
13. 1. The vice-president of the association is elected by the Assembly of the association members by virtue of the proposal made by the Presidium of the association
13. 2. The electoral term of the Vice-president is 5 years
13. 3. Vice-president of the association shall:
a) secure the fulfillment of functions pursuant to the resolutions and documents approved by the Assembly of the association.
b) prepare the sessions of the Presidium according to the instructions of the President of the association
c) cooperate with expert groups
d) to participate in the execution of administrative and accounting activities to appropriate extent
e) represents the President of the association in his absence
13. 4. The resolution regarding the President of the association hold true also for the vice-president of the association
Art. 14. Control committee of the association
14. 1. Control committee of the association is an independent control authority of the association elected by the Assembly of the association members
14. 2. The control committee of the association shall consist of at least 3 members. The term of Office of the Control committee is identical with the term of office of the Presidium. The termination of the membership in the Control committee of the association is referred to in the art. 10.4 of the constitution herein.
14. 3. The control committee of the association has a quorum when absolute majority of its members is present. The decisions are accepted by absolute majority of the votes of members present. Upon equality of votes, the decisive vote is held by the chairman of the Control committee of the association.
14. 4. The Control committee of the association executes regular controls of economic activity related to the property of the association and its finances. The committee shall check the balancing of books and file a record on the results of the control, which together with the proposals on the resolutions shall be submitted to the Presidium of the association. The summary results related to economic activity and balancing of books shall be submitted by the committee in the report on the economic activity to the Assembly of the association members.
14. 5. The Chairman of the Control committee of the association shall be elected by its members.
Section IV. Economic activity of the association
Art. 15. Resources of the association
15. 1. The resources of the association are primarily financial and other resources and consist primarily of:
a) one-time entry financial fees of the association members
b) annual financial contribution of the association members
c) percent of the paid income taxes
d) donations of the association members and other natural persons and legal persons
e) allocations, subsidies and grants
f) heritages in favor of the association
g) incomes from the public collections of money
h) incomes from special events
i) incomes from the publishing activity of the association
j) interests from the financial resources in financial institutions
k) nonfinancial property (tangible, know-how and so forth).
Art. 16. Economic activity related to the property of the association
16. 1. All tangible and intangible property of the association is an inviolable property, which serves solely for the fulfillment of functions of the association
16. 2. The property shall be administered in line with the principles of proper economic activity
16. 3. The financial resources of the association shall be deposited at a separate account opened for this purpose at a financial institution
Art. 17. The use of resources of the association
17. 1. The resources of the association shall be used solely for the fulfillment of the objectives pursuant to the article 4 of the Constitution approved by the Presidium of the association
17. 2. The resources shall be used for the purposes, for which they were provided. Legal claim does not apply to the allocation of the resources of the association.
17. 3. The resources of the association shall be used for material and technical aspects of the activity of the association, to reward the workers of the association and to clear expenses related to the activity of the association.
Section V. Dissolution of the association
Art. 18. Termination by voluntary dissolution
18. 1. The association may be dissolved by the decision of the Assembly of the association, which in this case has a quorum when two thirds of the members are present.
18. 2. The termination and dissolution of the association shall follow the article 20, sec. 2 of the Civil Code and the articles 70-75 of the Commercial Code on the condition that the liquidator shall be assigned and rewarded accordingly by the Assembly of the association members.
18. 3. The termination of the association shall be followed by its liquidation unless the property is transferred to its legal representative, who shall fulfill humanitarian, charitable and socially beneficial objectives.
18. 4. Upon the liquidation of the association, the debts of the association shall be settled first. The use of the resources left after the liquidation shall be settled by the Assembly of the association members.
Art. 19. Termination by fusion with other association.
19. 1. The association may be terminated by the fusion with other association by virtue of contract on cooperation. This shall be decided by the Assembly of the association members, which in such case has a quorum, when two thirds of the members are present.
19. 2. The conditions of the termination of the association with other association shall be formulated in a separate contract in writing.
Section VI. Common and transitional provisions
Art. 20. The changes in the Constitution shall be made by the decision of the Assembly by a simple majority of votes.
Art. 21. The constitution shall take effect upon the day of registration.
In Horná Ves this 15 th day of December, 2005
