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I am glad to say that we are working on the new statutes and that they will be released this month on the website.
In these statutes some important changes. Such as the rules on the General Assembly, opening a chapter, who is who and more.
Also, all legal info on the society such as registration number and other information will be put on this new site. The SGS is not a internet society but a real life legal entity!
Regards,
Sergej
The first 20 articles. The rest will follow soon for official release:
STATUTES
Name, goal
Article 1
1. The name of the society is the Serbian Genealogical Society / Srpsko Rodoslovno Društvo.
2. The society was created on the 24th of October 2002, and has been engaged for an in definitive amount of time. The SGS is the legal successor of the Serbian Genealogical Foundation.
3. The society”™s year is the same as the calendar year.
Article 2
1. The society”™s goal is to promote and stimulate genealogy and related sciences in the broadest sense of the word in Serbia-Montenegro and the rest of the region. To supply resources both online and offline for the general public and members.
2. To assist the archives in promoting and assisting in genealogical research in the broadest sense of the word.
3. The creation of genealogical databases in cooperation with the archives of Serbia and other related institutes in accordance with the law of the state of Serbia.
4. The society does not have a financial gain and serves the general interest; it therefore remains politically independent, and will provide in objective research.
5. The society can not accept donations from political institutes that can jeopardize the independent and objective status of the society.
6. To assist in reuniting families that have been scattered due to the civil war in the former-Yugoslavia.
7. The society also provides for humanitarian aid in the broadest sense of the word.
Article 3
The society tries to achieve these goals through the following means:
a. publishing a magazine;
b. Organizing congressess;
c. Assisting members in their genealogical research for their own ancestry;
d. Cooperating with other related organizations nationwide and internationally to achieve this;
e. Performing research for private contractors;
f. By receiving donations;
g. All other legal means that can assist in achieving the society”™s goals.
Ordinary members, members, fellows, honorary fellows.
Article 4
1. The society knows ordinary members, members, fellows, honorary fellows.
2. Only natural/legal persons can become a member of the society.
2a. Ordinary membership is for those who do short term membership. Members can be a single person or a complete family that intend to be part of the society for a longer term.
3. Fellows can be natural/legal persons or institutes.
4. Honorary fellows have no obligations besides the standards used within the SGS when it comes to the house rules. They have the same rights as normal members do unless it is specifically otherwise stated in the statutes.
5. The Board of Directors keeps the members files in which the names and addresses of all members have been registered. The Board is authorised to test a nomination for membership in a general assembly to ascertain if the person passes the stated criteria
Article 5
1. Membership can only be obtained after a written application with a valid copy of a passport of ID card with the sectretary of the society. Membership in one of the chapters will be given to the member in accordance with the members wishes. If the member resides in a region where there are no chapters he can create his own chapter if he/she meets the requirements for this.
2. During the first 3 months after the registration of the member, the board has the right to revoke the membership without any reason. With lack of documentation on the exact registration date the registration date will be set at the first day of the next month in which the secretary received the members”™ application form.
3. Fellow can not obtain membership without a written registration with the secretary of the society. The Board will decide within 3 months on acceptance of the Fellow with the society. If not accepted the General Assembly can be used to decide on acceptance or not.
4. Honorary fellowship can be given to those who have done extraordinary work for the society and its goal(s) as stated in article 2. Honorary membership is for life and for free.
Article 6
1. The membership ends with/when:
a. A member passes away,
b. Cancellation of the membership by the member,
c. Cancellation of the membership by the society. This can happen if a member does not fulfil his/her duties as a member, or if the society can no longer endure the membership of that person.
d. By deprivation. This can only be done if a member acts against the statutes, rules and regulations of the society and by doing this jeopardizes the status or good name of the society.
2. Cancellation of membership can only be done by written notification at the end of the society”™s year at the secretary. It must be send before the 30th of November. A member is not authorised to, after cancellation, to exclude a obligation if these are being changed in the mean time.
3. Cancellations will be approved by the Board of Directors at the end of the society year with a cancellation term of 4 weeks.
4. Cancellation can be permitted per instance if the cancelling party can no longer without a reason of a doubt fulfil the obligations within membership.
5. Deprivation will be executed in the General Assembly.
6. In case of cancellation of ones membership by the society either by deprivation, inability or other cases, the Board of Directors will inform the person involved within 1 month after the decision has been made officially. This will be done by a written notification in which the involved person can object through the General Assembly. The person involved needs to send the Board a written letter within the 4 week term. During this period the person”™s membership is suspended. During this period the person can still receive the membership and is still allowed to partake in the General Assembly. After the appeal the decision will be uttered in the next General Assembly, in which case the cancellation will be fulfilled, or if no decision has been made the cancellation will be annulled.
7. A decision of the General Assembly to cancel ones membership or to decline an appeal has to be made by at least a 2/3 majority vote.
8. If a membership ends during the course of the society year, the fees will remain in place for the rest of the year.
Article 7
1. Membership of the fellow or honorary fellow ends if:
a. A fellow or honorary fellows fails to keep the points mentioned in article 6;
b. By cancelling his/her membership;
c. Cancellation by the society, this can only be done if the member acts against the societies articles as mentioned in the statutes;
2. In case of cancellation fellows and honorary fellows have the same rights as members do to appeal. They also have the extra right to be represented by proxy by a chosen representative.
Article 8
1. Those whose membership has been cancelled by deprivation or cancellation due to violation of the statues can only return as members if that situation has been resolved.
Article 9
1. The board can together with the General Assembly decide on the annual fees for members.
2. The board of directors can for in definitive or definitive time decide which members need to pay full, partial or no membership fee”™s and present this to the General Assembly
Article 10
1. Members have the right to:
a. Attend the General Assembly”™s and the meetings of each chapter/division;
b. Submit idea”™s and changes in written form to the board of directors.
2. Members also have the right to:
a. Receiving the magazine;
b. Attending lectures and attending excursions organised by the society
c. To use the services and collections provided by the society, on condition that this is for private research and not to be used for commercial purposes and any other condition the society has set within the General Assembly and Board of Directors.
Article 11
1. Fellows and honorary fellows have the right to submit ideas, requests etc.
2. Fellows and honorary fellows have the right to receive the magazine.
Article 12
Every fellow or honorary member has the right to invite a maximum of 3 guests to attend:
a. The General Assemblys and chapter meetings;
b. Attend lectures and excursions;
c. To use the services and collections provided by the society, on condition that this is for private research and not to be used for commercial purposes and any other condition the society has set within the General Assembly and Board of Directors.
Article 13
The internet site will hold user policies for the ordinary memberships, disclaimers etc.
Chapters
Article 14
1. The society knows chapters as in regional divisions. Members that life in the boundaries of a chapter fall under their jurisdiction. Members that live abroad can choose a chapter to their liking. If a member doesn”™t choose a chapter the Board will appoint one. Besides the regional chapter the society knows functional chapters that practise one speciality within the field of genealogy. Chapters are no independent legal persons such as the society is. They are to operate within the statutes of the society.
2. The chapters will attempt to operate within their own jurisdictions to achieve the societies goals as stipulated in article 2 by:
a. Cooperating in organising with other chapters assemblys, lectures, courses etc.;
b. Maintaining chapter meetings.
3. Chapters can only be errected, splitted or joined by the Board of Directors, be it by their own initiative or by the proposal of one or more members. If a chapter is to be spitted this will be done in cooperation with the local chapter leaders, the same if two chapters are to be joined.
4. The names and boundaries of the chapters will be set by the Board of Directors.
Article 15
1. Members of a chapter/division are those members who are members of society residing within the geographic boundaries of the respective chapter and the foreign members living abroad which have been assigned to chapter either by own request of by the Board of Directors.
2. The Board of Directors can deviate from paragraph 1 by assigning members to another chapter even if this chapter doesn”™t belong to his/her area
3. Members of the chapters are besides their chapter membership official members of the society, registered centrally with the secretary of the society.
4. Fellows and honorary fellows are members of the society registered with the secretary and are members of the chapter of which they applied in written form.
5. A fellow or honorary fellow as mentioned in Article 4 paragraph 3, has the same rights and obligations as any other member unless otherwise stipulated in the house rules.
6. The in Article 6 mentioned is to be applied within the membership of a chapter in relation to the membership of a member, if the members membership end with the society it automatically ends with the chapter in question.
Article 16
1. If the chapter boards fail to attend to their duties or mismanage the chapters interests the Board of Directors is authorised to undertake any action to assure to proper management of the chapter, this to assure the proper functioning of the society in all of its aspects.
2. If for some reason a chapter shows no activity for a certain amount of time longer then 6 months, and there is no prospect of this to be changed in the near future, the Board of Directors is authorised to cancel these chapters and to assign its members to neighbouring chapters.
3. If a chapter is to be cancelled this can only be done by organising a chapter assembly in which the decision will be discussed, this will be done under the direct leadership of the Board of Directors.
Canceling and splitting chapters
Article 17
With the cancelation or splitting of a chapter as discussed in article 16 and article 14, the local chapter leadership of the Board of Directors will receive, with cancellation, the:
a. The archive of that chapter;
b. Any other official registered document and related chapter documents.
Board of Directors
Article 18
1. The Board of Directors can be assigned by the General Assembly through its members or fellows/honorary fellows in a direct election.
2. The Board of Directors exists at least out of three members with a maximum of twenty. The General Assembly decides on the number of members. It will take at least a skeleton crew of three people to operate the society according to law. If there are less the three members then a General Assembly should be appointed for as soon as possible to provide for the required number of people to operate the society.
3. Chairman, secretary and clerk are to be appointed in calling and make out the daily direction of the society.
4. The Board of Directors is responsible for the management of the society. The Board of Directors only is authorised to represent the society and to make official statements. The Board of Directors is allowed to make the necessary financial obligations, and is allowed to sell society property only if this has been decided in the General Assembly in accordance with the society members. The Board of Directors is only authorised to make obligations of any kind if the General Assembly agrees to this. Members can object to any decision taken by the Board of Directors if any of the decision making documents is missing.
5. Only the chairman, secretary or clerk, the board as a whole, or appointed representatives are allowed to execute any of the in paragraph 4 mentioned actions. Representatives have to be legally authorised to make any financial commitment. Powers of attorney can be in place if so decided.
6. The Board of Directors is obliged to keep a proper documentation of all their decision taking, the financial status and all other related documents that can indicate the legal basis of their work
Article 19
1. Members of the Board of Directors are in function for a period of 6 years and are allowed to serve an unlimited amount of terms if so decided upon by the General Assembly.
1. Any board member can, even if he is appointed for a certain term, be suspended by the General Assembly or to be decommissioned. A suspension that does not result in a decommission within 3 months will render the process invalid and the member in question will return to his regular duties.
2. Ones Board membership can end if:
a. Ending ones membership or (honorary) fellowship with the society;
b. By declining.
Article 20
1. If any Board Openings appear by either decommissioning or any other reason, a opening will appear in which member can be nominated for Board Membership.
2. Candidates can be nominated by:
a. Representatives, authorised by their respective chapters
b. At least a 1/3 of the members of the society.
3. Candidates need at least to submit their request for nomination one month prior to the vote in written form with the secretary of the society.
4. The Board of Directors can nominate themselves.
5. The Board of Directors is obliged to create a list with the openings in the Board, as a list of those nominees who have been submitted within the statuary regulations to notify the society members.
6. Appointing an opening can only be performed if there has been a majority vote of valid votes within the General Assembly for those official nominated officials. If there is not a majority vote, then a second round will be organised in which again a majority vote must be in place to appoint a nominee. If after the third time the voting fails the Chairman can decide otherwise on a different procedure such as a lottery to appoint a nominee.
Changes in Statutes
Article 49
1. There can be made no changes in the statutes by the General Assembly unless this is being requested at least 4 weeks prior to the meeting of the General Assembly, in which the changes wanted should be submitted in writing clearly stipulating the wanted changes.
2. Those who submitted the changes should 5 days prior to the General Assembly on paper for all members to read at the location of where the assembly is being held until one day after the General Assembly.
3. To accept a change in the statutes at least 75% of the votes should be in favour and at least 50% of the members should be present to vote. If this is not so then the General Assembly can choose to call for a new meeting in which the above requirements can be discarded
4. A change in the statutes will not be activated unless it is officially submitted and changed into the statutes by a new notary certificate. To do this any Board member is authorised.
Discontinuation
Article 50
The society can be disolved if this descision is to be taken by the General Assembly. It is to be decided with a majority vote of at least 75% in which at least 75% of the members are present. It this is not possible then within 4 weeks after the first meeting a new meeting with the same proposal. Regardless of the amount of members present, 75% majority is needed unless the Board of Directors decides otherwise. All present property should be appointed to those appointed and should be sold.
Regards,
Sergej