Effective from 27.12.2019
Statutes
An association is established under the name “AGAPE Association” pursuant to articles 60 and following of the Swiss Civil Code.
The association has its headquarters in Bioggio.
It can be transferred by simple decision of the Steering Committee. The association is non-partisan and non-denominational and is not for profit. The duration is unlimited.
Promote and create reception, care and support services for children and adolescents in an educational, family and community context.
Promote support for families and their specific needs in collaboration with the institutional and / or private services existing in the area.
Support everything related to the promotion of family and youth policy and training.
Promote and develop continuous professional training as well as take action in the loan of qualitatively and operationally suitable personnel for public or private entities that request it in the context of the social purpose.
Participate and / or collaborate with associations and entities in the area that pursue similar or similar purposes.
following can join AGAPE as active members, therefore with voting rights:
• natural persons who intend to promote the aims of the association with an active collaboration.
• the natural persons who use the structure.
• legal, commercial, public utility, public interest or public persons who promote the activity in the form of cooperation.
following can also join AGAPE as passive shareholders, therefore without the right to vote, but with the right to speak:
• sympathetic natural and legal persons.
The application for membership of new members must be submitted in writing to the Steering Committee, which has the power to decide.
Upon admission, the new member receives a copy of the statutes. Membership is acquired with the payment of the first membership fee.
The status of member is lost:
• with the voluntary resignation of the member, which takes place by submitting, in writing, by the end of the calendar year, his resignation to the committee, with thirty days' notice.
• for non-payment of social security contributions, in particular for non-payment of the annual social tax.
By ceasing membership, the quality of a member ceases and he loses all rights.
The exclusion of a member can be pronounced by the committee if the member clearly and seriously contravenes the purposes of the same or is in default with the payment of the social tax.
Each active member has the right to one vote.
Any form of representation is excluded. Legal entities exercise their right to vote through a member of their governing body, having individual signature rights.
The main financial resource of the association is the annual membership fee established during the ordinary general meeting, which is paid every year by the members, as well as by any other form of financing decided by the committee.
Other resources of the association consist of: voluntary contributions and donations from members and third parties; contributions and grants from public and quasi-public bodies; revenues from initiatives promoted by the association itself and from advice to municipalities.
The organs of the association are:
1. the shareholders' meeting
2. the committee
3. the auditing body
The bodies of the association are:
- the shareholders' meeting
- the committee
- the auditing body
The shareholders' meeting is made up of all the shareholders who actually participate in the meeting.
The social assembly is the supreme organ of the association and is convened at least once a year in an ordinary session and whenever the committee or at least one fifth of the members requests it, in an extraordinary session.
The convocation must be in writing giving notice of the discussions, the place and time of the meeting.
Resolutions are taken by simple majority of the votes of the members present, since the assembly is always validly constituted, regardless of the number of members present.
The following are the responsibility of the social assembly:
• the appointment of the chairman of the hall and of the scrutineers;
• approval of the minutes of the previous session;
• the approval of the annual accounts management reports, as well as the approval of the annual accounts;
• the appointment of the committee and of the auditors;
• discharge of the committee;
• the revision of the statutes;
• any other decision that is reserved to it by law or by the statutes.
The shareholders' meeting is made up of all the shareholders who actually participate in the meeting.
The social assembly is the supreme organ of the association and is convened at least once a year in an ordinary session and whenever the committee or at least one fifth of the members requests it, in an extraordinary session.
The convocation must be in writing giving notice of the discussions, the place and time of the meeting.
Resolutions are taken by simple majority of the votes of the members present, since the assembly is always validly constituted, regardless of the number of members present.
The following are the responsibility of the social assembly:
- the appointment of the chairman of the hall and of the scrutineers;
- approval of the minutes of the previous session;
- the approval of the annual accounts management reports, as well as the approval of the annual accounts;
- the appointment of the committee and the auditors;
- the discharge of the committee;
- the revision of the statutes;
- any other decision that is reserved to it by law or by the statutes.
The Committee is made up of 3 to 7 members.
It appoints the President, the Vice-President, the Secretary and the Cashier from among its members.
The Committee, within itself, may also provide for the following positions:
- responsible for educational lines
- activity manager
- research and development manager
- administration / finance and logistics manager
The Committee is appointed by the shareholders' meeting for a term of three years. Each function can be re-elected.
The Committee is responsible for the good running of the association and can delegate specific tasks to members or third parties.
The Committee organizes the activities of the social year in the most appropriate way, proposes the calendar, sets the deadlines and communicates the date of the ordinary meeting.
Examines and evaluates proposals or complaints from members and takes appropriate action.
The Committee can validly decide only when at least half of its members are present. Decisions will be made by simple majority of the votes cast by the members present. In the event of a tie, the President's vote counts double.
He can always be re-elected.
The auditor does not necessarily have to be a partner. His task is to verify the accounts and financial situation of the association, through a written report to be submitted to the association's address, with the precise invitation to approve the accounts and discharge the management committee.
Any personal liability of the shareholders is excluded. Any personal right of the shareholders on the corporate assets is excluded. The accounting year runs from January 1st to December 31st.
These statutes formally entered into force with the decision of the ordinary general meeting of December 27, 2019 and replace the previous versions.
The revision of the statutes is the responsibility of the assembly of members of the association and requires a qualified majority of two thirds of the members present.
To be valid, this decision requires a majority of two thirds of the members present.
In case of dissolution of the association, the Committee is given a mandate to proceed with its liquidation.
Any patrimonial asset must be donated to charity to associations pursuing the same purpose or to institutions of public utility with similar purposes and in turn for the benefit of tax exemption, considering that the decision on its destination must be taken at the time of dissolution. of the association itself.