It was created for the current members and for future members of the association under the updated law of July 1st 1901 and its applied texts, having the title :
“European association to promote the human rights and to support people in situation of frailty.” Its initials AEPDSPSF.
This association of scientific, social and cultural nature aims to support and to promote the rights of individuals and groups of people in situation of frailty.
Its purpose is:
- In each European country, having at least one association member, to provide assistance to people with health problems, who are physically challenged, dependant people or who are socially excluded ;
- To promote the rights of people in situation of frailty by members representatives in law court, and possibly in European law authorities.
- To research, to reflect about the diverse problems of these people and give opinions and suggestions to government representatives.
- To use media to spread awareness of all these problems.
- To promote the defense of those rights.
The association existence duration is indefinite.
The association headquarter is in Paris,10 Rue Joseph Bara, 75006 Paris It could move to a different location in France on a simple request from the board of directors and acknowledged by the general assembly. French laws will apply.
Article 5, members
The association is made up of :
- Active members: individuals in situation of frailty, their representatives, their family, professionals or students involved in assisting them or anyone interested in these issues ; corporate bodies which help those individuals.
- Members of honor : members of honor are designated by the Board of Directors and are exempted from membership fees. Alumni become members of honor, except if they were expelled.
Article 6, admission
The membership is obtained by:
- supporting the association ideology
- payment of an annual membership fee determined yearly by the board of directors and approved by the general
- approval of the membership by the board of directors according to article 5.
Article 7, membership termination
A membership is lost by: resignation, death, non payment of the annual membership fee or because of any other serious reason.
In the last case, the end of membership is declared by the board of directors, the member is invited to present his(her) case.
Article 8, association resources
The resources are composed of:
- Membership fees, the amount is a function of the GDP of the member‘s country. Three membership fees are created: individual, couple or company,
- Grants the association could apply for
- Income of its properties
- Income from services provided or other activities (copyrights not exclusively), and services given through contracts.
- And all other resources authorized by the law.
The association, at the board of directors‘ decision, will be able raise funds, buy or rent all real estates or furniture and perform all the financial operations needed to reach its goals.
A regular bookkeeping shows the spending of funds.
Article 9, Board of directors
The European association for the promotion of rights and for the support of people in situation of frailty is managed by a board of directors of 3 to 12 members elected by the ordinary general assembly for three years, one third of which is changed every three years. The board of directors has full power to manage the association as long as the general assembly agrees with the decisions.
It represents the association, on behalf of its President, it can take legal action. The president takes decisions related to the management and the preservation of its heritage, and in particular the ones related to the funds usage, to the lease of the real estates needed to reach the association purposes and to human resources management.
The board of directors takes into account advices from its members or assemblies.
Article 10, eligibility and election at the board of directors
Active members over 18 are eligible.
The members of the board of directors are elected for three years, at the end of which one third is changed.
In case of vacancy at the board of directors, the board of directors can fill the seats temporarily. The nominees are approved by the closest ordinary general assembly.
The board of directors member’s term of office ends by resignation, by loss of the association membership or by general assembly dismissal.
Members of the board of directors work voluntarily. However, some charges could be refunded.
Article 11, the functioning of the board of directors
The board of directors meets at least twice every six months, upon request of the President, or of a quarter of its members.
Decisions are taken by the absolute majority of the recorded votes, and in case of tie, the President’s vote is predominant.
Any member of the board of directors, who misses three consecutive meetings without a valid excuse, will be considered as resigning.
Article 12, the board
The board of directors elects for three years at the absolute majority, a board composed of: a President, perhaps one or few Vice-Presidents, a secretary, if necessary one or few secretary assistants; a treasurer and one of few treasurer assistants as needed.
The responsibilities of the President, treasurer or secretary can not be fulfilled by the same person.
The President ensures the association representation in regards to the civil acts unless delegation. (s)he manages the association, represents the association like an employer to the workers or to the government officials. (s)he decides on spending. With the authorization of the board of directors, (s)he can delegate his/her powers entirely or partially to one or several delegates of his/her choice, member(s) or not of the board of directors. (s)he ensures the execution of the decisions taken by the board of directors.
The Vice-Presidents are back-ups to the President.
The secretary is in charge of the administrative documents, legal or regulatory, of the fines of the board of directors and of the document archives.
The treasurer, under the President’s management, collects the membership fees and handles any amount debited or credited to the budget. (s)he does the bookkeeping of the association. (s)he manages the association treasury in the interest of the association under the supervision of the board of directors. He shows the association accounting books to an auditor annually.
The board of directors work voluntarily.
Article 13, the auditor
One or several auditors are selected to audit the association finances. Their service fees are determined by some standard regulations.
Article 14, ordinary general assembly
The ordinary general assembly brings the association members together each year within the six months following the closing of the exercise.
The President initiates the gathering or in case there is no President, the majority of the board of directors does it, at least 15 days before the gathering date.
The agenda of the meeting is provided in the invitation.
The meeting can discuss only about the topics indicated in the agenda.
The President, with the assistance of the board of directors chairs the meeting.
The ordinary general assembly listens to the board of directors’ reports on administration management, on the association activities, finances, then votes on an absolute majority basis.
The report of the auditors could also be heard.
The ordinary general assembly approves or rectifies the accounts, grants discharge to the board of directors and treasurer.
It holds a vote of the board of directors members by secret ballot and on an absolute majority voting basis.
It comes to a decision at the majority of 2/3 of the recorded votes on question about the association articles.
Only the current active members can vote.
Each member has one vote. An attendance sheet is certified by the President and the secretary of the assembly.
The vote can be performed in person, by power of attorney or by mail.
Article 15, extraordinary general assembly
It is made up of all members and gathers on invitation, at least 15 days before the meeting date, of the President, or at the request of the majority of the board of directors or at the decision of the ordinary general assembly.
The agenda of the extraordinary general assembly is specified on the invitations.
The extraordinary general assembly can only discuss the topics mentioned in the agenda.
It gives its opinions when a quorum of 10% is reached, on the association articles updates, association dissolution, decrease in value of its assets or merge with other associations.
It authorizes the actions or operations which exceed the board of directors’ power.
It takes into account all decisions voted by the absolute majority of 2/3 of the recorded votes.
Article 16, internal procedures
Internal procedures can be prepared by the board of directors and voted at the general assembly. These procedures cover topics which are not handled by the articles, especially the ones pertaining to the internal administration of the association. It contains the code of conduct and mentions the reasons for expulsion.
Article 17, the records
In addition to the procedural register covered by the article of the August 16th 1901 decree, are kept all registers provided for by the law in effect, among which is a register of the general assembly declaration, a register of the board of directors’ decisions.
Article 18, dissolution
In case of dissolution of the association decided by two third of the members attending the extraordinary general assembly, one or several liquidators are designated, and the assets when applicable are devolved according to the article 9 of the July 1st 1901 law and of the August 16th 1901 decree.
Article 19, formalities
The President is responsible to complete all administrative tasks of declaration and publication provided for by the July 1st 1901 law and of the August 16th 1901 decree.
Article 20, social activity
The social activity is for 12 months and starts on January 1st.
Article 21, current articles take into effect
The current articles are in effect at their publication in JORF
The present articles of the association were approved by the assembly of Thursday, May 5th 2011.