STICHTING BAKENS VERZET
1018 AM AMSTERDAM ,
THE NETHERLANDS
Director,
T.E.(Terry)
Manning,
Schoener 50,
1771 ED
Wieringerwerf,
The
Tel:
0031-227-604128
Homepage:
http://www.flowman.nl
E-mail:
(nameatendofline)@xs4all.nl : bakensverzet
MODEL FOR SUSTAINABLE SELF-FINANCING INTEGRATED
RURAL AND POOR URBAN DEVELOPMENT FOR THE WORLD'S POOR
Incorporating
innovative social, financial, economic, local administrative and productive
structures, numerous renewable energy applications, with an important role for
women in poverty alleviation in rural and poor urban environments.
"Money is not
the key that opens the gates of the market but the bolt that bars them"
Gesell, Silvio The
Natural Economic Order
Revised English
edition, Peter Owen,
This work has been placed in the public domain under a Creative Commons
Attribution-Noncommercial-Share Alike 3.0 licence.
Edition 03: 11 December,
2009.
FRANCAIS
05.00 The sequence of execution of the project
activities.
05.08 Statutes of the NGO[name] for execution of the
project structures.
STATUTES OF THE CHARITABLE
ASSOCIATION NAMED
[PROJECT NAME]
[COUNTRY]
INTRODUCTION
To set
the bases for self-financing ecological sustainable development in
[DESCRIPTION]
(hereafter
«the project area »),
Considering the supply of
structures such as those foreseen in the Millennium Development Goals (MDGs) adopted
in 2000 to reduce the proportion of the population without access to safe
drinking water by 50% by 2015, and the
decisions taken in Johannesburg in 2002 during the World Summit on Sustainable
Development (WSSD) to reduce the number of people without sustainable
sanitation services by 50% and to promote efficient and integrated management
of water resources
Considering the improvement
of the quality of life of the inhabitants in the project area is not limited to
clean drinking water and sanitation facilities but also requires, by way of
example, the creation of social,
financial, productive and services structures including hygiene education,
sustainable recycling of organic and inorganic wastes, local Money systems,
interest-free micro-credit systems for productivity increase, facilities for
the local production of most of the items necessary for basic project structures, lighting systems
for study purposes, local production of high efficiency cookers to eliminate
smoke hazards inside and around homes and of mini-briquettes for their
operation, water harvesting systems, school construction, nursing centres,
medicine distribution points, bicycle ambulance services, food storage
facilities, grain mills (all together amongst others hereafter referred to as
«the structures »)
To create the structures and
support their permanent management by the local populations themselves
AAAAA(complete details)
BBBBBB (complete details)
CCCCCC (complete details)
(hereafter “the
signatories”)
have drafted an integrated
project for the improvement of the quality of life of all of the inhabitants in
the project area [«project name »] (hereafter “the project”) which is attached
to and forms an integral part of this document.
Considering that the
execution of the project requires the formation of a charitable association
for the period of execution of the project.
Considering that the management of the structures of the
project as they are formed pass to a
management Cooperative called [[project name]Cooperative]
the signatories hereby
create a non-profit humanitarian cooperative association called [name of the
cooperative] in accordance with law number [law] and the rules applying in
[country]
CHAPTER 1 : NAME – SEAT – DURATION
Article 1 : A non-profit
apolitical cooperative association named [ name of the cooperative] (hereafter
«the association ») is hereby created.
Article 2 : The association
has its seat in [place]. The seat can be
transferred elsewhere at the decision of the Board of Directors.
Article 3 : The association
is created for the period of execution of the project which shall not exceed
ten years.
CHAPTER II : GOAL AND MEANS OF ACTION.
Article 4 : The goal of the
Association is the execution of the project.
Article 5 : The Association
may use any legal means it may consider necessary to reach its goal.
Article 6 : The Association
is a non-profit charity.
CHAPTER III : MEMBERS
Article 7 : The association
is made up of one person nominated by each of the signatories.
Article 8 : Membership is
terminated by :
-Completion of the execution
of the project.
-Termination of the maximum period of the Association.
-Winding up of the signatory member.
CHAPTER IV : ORGANISATIONS – OPERATION
Article 9 : The organs of
the Association are:
-The
Board of Directors.
-The Coordinator.
-The audit commission.
THE BOARD OF DIRECTORS
Article 10 : The Board of
Directors is the supreme organ of the Association. It is composed of one representative
nominated by each of the signatories. It meets at least once a year in ordinary
sitting and from time to time as necessary at the request of the Coordinator or
of 50%+ 1 of the signatories.
The Board of Directors is
responsible for:
-Definition
of the policies of the Association.
-Management of the bank accounts of the Association.
-Nomination
of the project coordinator.
-Nomination
of the independent auditor.
-Nomination
of an on-going auditing commission ,and subject to the contents of these
statutes, definition of its powers and tasks.
-Winding
up the Association or any of its organs.
-Decision on any problems not expressly the responsibility of the Coordinator
or of other parties to project execution.
Article 11: The Board of
Directors elects one of its members Chairman for the duration of the project,
and a secretary who may be nominated for a full period of the project or on the
occasion of each meeting.
Article 12: Each member of
the Board of Directors is (where necessary) paid by the signatory responsible
for his or her nomination.
Article 13 : Decisions of
the Board of Directors are taken in the presence of all its members. They are
valid with a majority vote of at least 50% + 1 of 100% of the members.
A second meeting of the Board
of Directors will be convened within 2
weeks where all of the members are not present at the first meeting.. During
this second meeting members may decide in the presence of 50% + 1 of 100% of
the members. The decisions are taken with a
majority of at least 50% + 1 of 100% of the members.
Should 50%+1 of the members
not be present at the second meeting or should a majority vote of 50%+1 of 100%
of the members not be reached, the Board of Directors is automatically and
immediately dissolved and the signatories each elect, on immediate invitation
of the ex-Chairman of the Board of Directors or his replacement or
replacements, a new representative
(different from the preceding one) to the Board.
Article 14 : Decisions of
the Board of Directors are noted in minutes and read to the meeting before the
close of the meeting. After approval by the meeting they are signed by the Chairman and the
person chosen as secretary for the meeting.
THE PROJECT COORDINATOR
Article 15 : The project
coordinator is appointed for the
duration of the project and is responsible
for the execution of the project
until transfer of the structures created to the management cooperative [name of
the Cooperative].
The project coordinator
records the status of inventories, accounts, and budget documents submitted to
the Board of Directors.
The project coordinator
opens and operates all executive bank accounts including current accounts in the name of the project during the
execution phase.
The project coordinator
answers to the Board of Directors and informs the Audit Commission of his or
her activities, payments and receipts.
Article 16 : The project
coordinator’s salary is covered as a separate item in the project budget.
THE AUDITING COMMISSION
Article 17 : The activities of
the Association are placed under the control of an independent auditing
commission. The auditing commission may include, by way of example, a former
national auditor general (chairperson) ; accountants of the signatories, a
representative of the regional association of NGOs , a representative of the
National Federation of NGOs of the host country; a representative of the [Rural
Development Ministry], a representative
of the [Ministry of Finance].
The members of the auditing
commission are elected by the Board of Directors in principle for the full
period of project execution, subject however to annual review and confirmation
by the Board.
Article 18 : The Board of
Directors may only discharge the Auditing Commission on presentation and
acceptation of the annual report and
balance sheet of the Association for the
year in question and of the final project accounts.
Article 19 : Payment, if
required, of the members of the Auditing Commission is the responsibility of
the signatories on an equal share basis.
Article 20 : The auditing
commission answers exclusively to the Board of Directors. It has full rights of
inspection without notice of all the activities relating to the execution of
the project and of all accounts and documents of the Association.
THE INDPENDENT AUDITOR
Article 21 : The activities of the auditing
commission for the on-going audit of project activities are placed under the
control of an independent auditor named by the Board of Directors, at the
proposal, where appropriate, of project donors.
The independent auditor is nominated for the
period of project execution.
Article 22 : The independent auditor answers to
the Board of Directors and to donors and funding institutions. He/she has full
rights of inspection without notice of all of the accounts and documents of the
Associations relating to the execution of
the project.
Article 23 : The independent auditor is paid, if
payment is required, by the Association and/or by donors and funding
institutions”
CHAPTER V : FINANCIAL PROVISIONS.
Article 24 : The resources
of the Association come from:
a) The contributions made by
the signatories to the initial capital of the project.
b) Contributions from
national or international organisations to the initial capital of the project.
c) Any other legal
contribution or right the Association may have.
Article 25 : A capital
account will be opened in the name of the project with a banking institution in
[place].
Article 26 : All withdrawals
from the capital account require the signature of all of the members of the
Board of Directors.
Article 27 : Sums withdrawn from the capital account are
paid at the request of the project Coordinator into executive accounts of the
project operated under the responsibility of the coordinator.
Article 28 : Withdrawals or
payments greater than [amount] from the executive accounts of the project must
be co-signed by the Coordinator and the Chairman of the Board of Directors..
Withdrawals or payments greater than [amount] are subject to specific
authorisation of the Board of Directors.
Article 29 : The annual
balance sheet of the Association at 31st December is submitted to the board of
Directors within 120 days.
Article 30 : The annual
budget of the Association for the following 12 months January-December is
submitted to the approval of the Board of Directors before the 30th October
each year.
CHAPTER VI : FINAL PROVISIONS.
Article 31 : The first book
year of the Association terminates on [date].
Article 32 : The provisions
of these statutes may be modified only by unanimous vote after discussion by
all of the members of the Board of Directors.
Article 33 : In the event of
winding up of the Association, the distribution of its possessions will be
decided by the Board of Directors. In case of
dissolution or failure to act of the Board of Directors, the signatories
will decide in lieu of the Board of Directors.
Article 34 : These statutes
take effect on the date they are signed by all of the signatories.
Article 35 : The law of
[host country where the project area is situated] applies to the Association
where not otherwise expressly foreseen in these Statutes.
Article 36 : Any litigation
involving the Association or arising from these Statutes will be referred to
the court in [place].
CHAPTER VII: TRANSITARY PROVISIONS.
Article 37 : Until to
commencement of execution of the project all of the costs of the Association
and the costs of all legal formalities involving the Association are to the
charge of the signatories on an equal share basis.
Article 38 : After the
commencement of execution of the project the costs of all legal formalities
involving the Association, excluding those of the members of the Board of
Directors, are to the charge of the project.
Signed in [place]
[date]
(Signatories)
Attachment : Full
documentation for the project [project
name]
The Statutes of the
Cooperative [name of the Cooperative for the on-going management of the project
structures]
Continue:
05.11 Initial Environmental Study.
Return:
05.07
Statutes of the Cooperative for the on-going management of the project structures.
Return to :