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P Aassociation statute (extracts)

 

  I article. General regulations

1.1. The Association of Building Consultants and Supervision companies (hereinafter – the Association) is a public legal entity of a limited civil responsibility; the juridical form – the Association, which aim is to coordinate activity of the members of Association, represent their interests and defend them or meet other public interests.

1.2. The Association was established for and indefinite time by the juridical persons, whose main activity are: engineering, technical building consultations concerning constructional questions, constructional audit (building practice), technical supervision of constructional works of  building, its projection and constructional management, expertise of projects and buildings. The Association acts following the Constitution of the Republic of Lithuania, the Civil Codex of the Republic of Lithuania, other statutes and its activity is based on the Government decrees, acts of law and the statute of the Association.   

1.3. The beginning of the artificial year of the Association activity is considered to be the 1st of April.   

II article. Aims, functions and objections of the Association

2.1. The Association is free – standing union of the companies which coordinates and implements tasks delegated by the members and through its activity represents their interests.

2.2. The most important aims and objectives of the Association are:

1) to consolidate companies providing such kind of services as engineering, technical consulting concerning construction matters, constructional audit (building practice), technical supervision of constructional works of  building, its projection and constructional management, expertise of projects and buildings;

2) to strive for much more favorable business conditions, to defend rights, liberty and lawful interests of the members of Association and to prompt cooperation, training and competitive ability among the members;

3) to help companies solve their economical, juridical, financial problems and represent them at the state and government institutions, to take part in preparing juridical certificates, notes and regulations;

4) to concentrate the efforts looking for the possibilities at the local and the foreign markets, to share building experience gained abroad and to work with foreign investors in Lithuania, to help companies find the possibility to use not only the norms of Lithuania but of the other countries’ of the European Union as well; to cooperate with the similar organizations of the other countries;

5) to organize vocational trainings of the members of the Association and provide with consultations;

6) to be engaged in lobby in order to influence adjustment and annex of the acts of law or to acknowledge spent acts and pass or throw out the bill or acts of law.  

2.3. In order to implement its aims and objections, the Association will: .

1) organize conferences, meetings and public discussions;

2) implement its activity following the codex of Ethics in order to earn society’s reliance in the members of the Association and its activity;

3) engage into other kind of legislation activity which meet the plot of statute and the aims of the Association.

III article. Membership at the Association 

3.1. The founders of the Association automatically are the members of the Association; requirements raised to the new members of the Association, which are defined by these statutes, are not invoked to them.

3.2. The rights of the Association membership is endowed to a Legal Entity, which the main activity nature is engineering, technical consulting concerning construction matters, constructional audit (building practice), technical supervision of constructional works of building, its projection and constructional management, expertise of projects and buildings.

3.3. The members of the Association have to follow the Association Statute, pay initiation fee and annual member fee. The amount of initiation fee and member fee, the payment order and the terms are established by the Directorate of the Association.

IV article. Members’ rights and responsibilities

4.1. Every member of Association has got right:

1) to take part and vote at the general meeting of the members of Association;

2) to use the services provided by the Association;

3) to familiarize with the documents of the Association and to get all the information possessed by the Association about concerning its activity;

4) to secede the Association at any time. In this case the initiation fees and member fees, finances or property, in some other way transferred to the Association, are irreclaimable;

5) to familiarize with the list of the members of the Association;

6) other rights.

4.2. Every member of the Association must:

1) follow the statute and rulebook of the Association and execute decisions made by the governing bodies of the Association;

2) pay initiation fee and annual member fees according to an established order;

3) protect and properly use the property and funds of the Association; 

4) sustain image of the Association and follow the principles of professional and business ethics;

5) sustain interests of the Association and forbear from any kind of actions which might damage image and activity of the Association;

6) conceal in secret all procedures, decisions and documents which according to the decision of the Directorate were accredited to be confidential.

V article. Admission of the members

5.1. Questions concerning admission of the members are discussed by the Directorate on the grounds of submitted requisition of the candidate.

5.2. Legal Entity wishful to become a member of Association has to receive written recommendations of the two members of the Association.

5.3. The candidates concede the rights of the membership only if they fully meet the requirements stated in the paragraph 3.2 of statute 3 and if 5 members of the Directorate vote for their admission.

5.4. The Association informs candidate about its decision in written form.

5.5. Appropriately formalized decision of the Directorate regarding the admission of the new member is the evidence about his/her membership at the Association and his/her commitment to follow the statute.

VI article. The order and conditions of members’ secession and exclusion from the Association

6.1. Member is able to discontinue the membership at the Association informing the Directorate about it in writing.  

6.2. Member can be excluded from the Association if 5 members of the Directorate vote for it and if the member:

1) 3 quarters successively does not pay the Association membership fee;

2) contravenes statute of the Association;

3) violates professional of business ethics;

4) damages the reputation of the Association.

6.3. About the exclusion from the Association member must be informed in writing.

6.4. Member, who was excluded from the Association, is able to request to be admitted to the Association again, but his requisition must be handed in no earlier that one year after the member’s exclusion.

6.5. If a member secedes or is excluded from the Association, membership fees that the member has  paid are irreclaimable. If a member has not paid the membership fee yet, for the year when the member decides to secede of is excluded, the Association does not claim to pay the fee.

VII article. Govern bodies of the Association

7.1. The main bodies of the Association are:   

1) the general meeting of the members;

2) the directorate;

3) the director.

XI article. The main sources of incomes of the Association

11.1. In order to pursue and finance its activity the Association disposes its own resources.

11.2. The main incomes of the Association are:

1) initiation fees, membership fees and objective contributions; 

2) gratuitously received incomes and property from natural and legal persons;

3) interest received from funds banked at the credit institutions; 

4) incomes from economical – commercial activity;

5) other incomes received as a support contribution;

6) other legally received incomes.

11.3. Money received as the financial support and other gratuitously received incomes or property is used by the Association for the purposes designated by a person – contributor, if only the person defined those purposes. Money received by the Association must be saved on the separate account and an estimate of expenses must be made if it is due to the acts of law or if it is required by a person who contributed the money. Association can not accept money, property or other possession, if a giver refers to use it for the other purposes different than those established in the statute.

XV paragraph. Adjustment order of the Association Statute

15.1. The adjustments of the Association Statute must be registered at the Register of Legal Entities.

15.2. The adjusted Association Statute must be signed by the attorney appointed by the general meeting of the members.

15.3. The adjustments of the statute come into force from the day of registration at the Register of Legal Entities.

This statute was enacted and approved by the general constitutive meeting of the members of the Association of Building Consultants and Supervision Companies, which took part on the 15th of March, 2006.

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