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NAME, ADDRESS, SCOPE, PURPOSES AND ACTIVITIES
Article 1 Denomination
It is the Association called APROSENVEU Asociació Protection dels Sense Veu that are hosts to the provisions in the Law Organic 1/2002, of 22 of March, regulator of the Law of Association and to the Law 14/2008, of 18 of November of Associations of the Comunitat Valenciana, and to the protection of the provisions in the Article 22 of the Constitution, lack of encouragement of profit.
Article 2 Legal Personality
The Association has its own legal personality and full capacity to act, to manage and dispose of its assets and fulfill the purposes that it proposes.
Article 3 Address and scope of action
The domicile of the Association is established in : Partida barranc of lhorta Poligono 15 plot 45. Section of post 246, 03780 Pego (Alicante)
The Association will mainly carry out its activities in the territorial scope of Pego.
Article 4 Purposes
1. The main purposes of the Association are:
a) The protection of companion animals.
b) The installation of shelter / s for the reception of abandoned animals .
c) The promotion of the adoptions of the animals taken in at the shelter or of any one of the that will be news.
e) The promotion of the holding responsible for animals of any kind.
f) Running meetings, lectures informative, publications, conferences, workshops and seminars
2. It is prohibited the sacrifice not euthanasia and for ailments minor or cosmetic of any animal, and in the case of having to apply the euthanasia of any of them, this will always be practiced by a veterinary professional and will be present at the same a person in charge of the Association. Also, prior to practicing the euthanasia to one animal, it will be required the authorization of the Board of Directors, which adopted the decision by majority.
The shelter specified in the Article 5C must meet the standards hygienic sanitary provided and must be maintained in accordance with the principles protectionist, ensuring also for the compliance of the regulations in force that affect to the holding of animals, especially in what it corresponds to the Law 01/01 // 3 of 13 in April, and the Decree 153/1998 of 2 of April, dictated by the Community Autonomous.
For the proper monitoring of inputs and outputs of animals specified in the Article 5D and in compliance with the legislation in force, the Association shall carry one book of registration of inputs and outputs, in the which will include the date of entry, instead of collecting and data of the person that it collects, data of the animals (description, species, age and ID), and the date and cause of departure (in the case of adopting the data of the adopter, and in case of death those of the veterinarian, and destination given to the corpse).
Likewise, The Association will keep a veterinary record and history of all the animals collected in The refuge, in the which consist of controls health, diseases and treatments, and any aspect related to the animal.
With respect to what reflected in the article 5. E), the adoption of animals welcomed be supervised by heads of the Association, who will decide if the adopter is suitable or not after the completion of the corresponding rating. The adopter will accept the obligations reflected in the contract of adoption with the signing of this.
3. To carry to out its purposes, the Association will organize the following activities:
a) Disclose the principles protectionist.
b) Instruct on the respect and care that should be given to all the beings alive, both animals and plants, and to all the nature in general.
c) Propose studies, conferences, informative articles , etc. For a greater and better knowledge of the animals.
d) Disclose the legislation protectionist.
e) Perform activities promotional aimed at the acquisition of new partners and funds for the achievement of the aims of the Association
Article 5 Activities of the association
c) Informative talks
All the activities will take to end by means of the fulfillment of the law current regulation of each one of them.
The benefits obtained from the activities carried on out by the entity is earmarked exclusively to the fulfillment of the purposes of interest generally indicated in the statutes.
Article 6 Capacity
They will form part of the Association all the people physical and legal that freely and voluntarily, have an interest in the development of the aims of the association with according to the following principles:
a) The people physical with capacity to act and that not being subject to any legal condition for the exercise of the right.
b) The minor not emancipated from more than fourteen years old of age, must have with the documentary accredited consent of the people who must supply their capacity.
c) The people legal, prior agreement express of your body competent.
They must submit one application by writing to the body of representation, and it it will resolve in the first meeting that it celebrates; if the applicant is adjusted to the conditions required in the statutes, the organ of representation not you can deny the admission.
The status of associated person is non-transferable.
Article 7 Rights of the persons associated
The rights that correspond to the associated persons are the following:
a) To participate in the activities of the Association and in the organs of government and representation, to exercise the right to vote, as well as to attend to the Assembly General of according to the Statutes. In order to be a member of the representative bodies , it is requirement must be greater of age, be in full use of the rights civilians and not be incurso on the grounds of incompatibility established in the legislation in force.
b) To be informed about of the composition of the organs of government and representation of the Association of the state of accounts and of the development of its activity. They can access to all the information on through to the organs of representation.
c) To be heard with character prior to the adoption of measures disciplinary against them and to be informed of the facts that give place to such measures, it must be motivated the agree that, in his case, imposed the sanction.
d) To challenge the agreements of the bodies of the Association that it deems contrary to the Law or to the Statutes.
e) To know the Statutes and the regulations and rules of operation approved by the bodies of the Association. Also have the right to that is they provide a copy of the statutes in force and of the Regulation of Board Internal of the Association, if they exist.
f) To consult the books of the Association.
Article 8 Duties of the associated persons
The duties of the associated persons are:
a) It shares the aims of the Association and contribute to the achievement of it themselves.
b) Pay the fees, spills and other contributions that, in accordance with the Statutes, may correspond to each associated person .
c) Abide by and comply with the agreements validly adopted by the organs of government and representation of the association.
d) Adjust its performance to the statutory provisions.
Article 9 Causes of withdrawal
They are cause for withdrawal from the Association:
a) The own will of the interested / a, communicated by writing to the bodies of representation. You can receive the initial equity participation and other contributions Economic performed without including the fees of belonging to the association and provided that the reduction in equity not involving harm to others.
b) Not meeting the fixed quotas .
Article 10 Sanctioning Regime
The separation of the Association from the associated persons by reason of sanction will take place when committing acts that the make unworthy to continue belonging to that. It will be presumed that there are these types of acts:
a) When deliberately the person associated prevent or put obstacles to the fulfillment of the purposes social.
b) When it intentionally obstructs the functioning of the organs of government and representation of the Association.
In any case for the imposition of the sanction of separation by part of the body of government will need the processing of one record disciplinary instructed by organ different from the competent one to solve it and that guarantees the rights of the people associated to the that it instructs the procedure to be informed of the charge and to formulate arguments against to the same well as to the notice of the Assembly General.
The sanctioning decision will be motivated. The term of prescription of the offenses and penalties will be for 3 years.
THE ORGAN OF GOVERNMENT
Article 11 The General Assembly
The Assembly General is the organ highest of government of the Association, composed of all the people associated by their own inalienable right and on an equal basis absolute, which adopts its agreements by the principle majority or of democracy internally.
All the members shall be subject to the agreements of the Assembly General, even the absent, the dissenting and the that still being present is have refrained to vote, provided it is present the majority of the board.
Article 12 Meetings of the Assembly
The Assembly General will meet in session ordinary as at least one time in the year, in the FIRST trimester.
The General Assembly will meet with extraordinary character whenever it is necessary, at the request of a number of associated persons that it represents, such as at least one ten per cent of the total.
Article 13 Convocation of the assemblies
The calls of the General Assemblies , both ordinary and extraordinary, shall be in writing. The announcements of the call will be placed in the places of usual with fifteen days in advance as a minimum. Provided that either It may be convened individually to all the members. The call will express the day, the time and the place of the meeting, as well as also the order of the day.
At the start of the meetings of the Assembly General, shall be appointed the / the President and the Secretary of the same.
The Secretary will write the Minutes of each meeting that will reflect an extract of the deliberations, the text of the agreements that have been adopted and the numerical result of the voting.
At the beginning of each session of the Assembly General will read the Minutes of the meeting prior to end of which is approved or not.
Article 14 Competences and validity of the agreements
The Assembly will be validly constituted on first call with the attendance of a minimum of one third of the associated people present or represented; and on second call, is which is the number of them, will have to celebrate half an hour later in the first and in the same place.
In the meetings of the Assembly General, it corresponds one vote to each member of the Association.
The responsibility of the General Assembly is :
a) Controlling the activity of the organ of representation and approve their management.
b) Examine and approve or reject the annual budgets of income and expenses, as well as the Annual Report of activities.
c) Establish the lines general of action that allow for the Association meet its ends.
d) Have all the measures aimed at guaranteeing the operation democratic of the association.
e) Set the ordinary or extraordinary fees.
f) Choose and separate to the members of the body of representation.
g) Adopt the agreements regarding :
Ratify the registrations of associates or associates agreed by the body of representation and agree with character definitive the casualties of the same.
Agreeing the union of associations, the integration in federations or confederations, the separation of the same, as well as the creation and participation in coordinators or other specific organizations.
Application of the statement of profit public or of interested public of the Valencian Community .
Agree on the dissolution of the Association.
Modification of the Statutes.
Disposition and disposal of assets.
Remuneration, in the case of the members of the body of representation.
To approve the Regulations of Board Internal of the Association.
Any other that does not correspond to another body of the Association.
The agreements will be made by a simple majority of the people present or represented when the votes affirmative excess to the negative. Note however, will require a qualified majority of the persons present or represented, who It results when the votes concurring exceed the half, the agreements relating to dissolution of the association, modification of the Statutes, disposition or alienation of goods and remuneration of the members of the body of representation, whenever that is It has convened specifically to such object the assembly corresponding.
THE ORGAN OF REPRESENTATION
Article 15 Composition of the body of representation
The Association ‘s govern, manage and represent the body of representation called ORGAN OF GOVERNMENT formed by the / the President, Vice President, Secretary, Treasurer and Members.
The election of the members of the body of representation is made by voting free and secrecy of the members of the General Assembly .
The candidatures will be open, it is in other words, any member may appear, being essential requirements : be older of age, be in full use of the rights civilians and not be incurso on the grounds of incompatibility established in the current legislation , being chosen for the positions of President, Secretary, Treasurer and members the candidates who have obtained the highest number of votes and in this order.
The positions of President / a, Secretary / a and Treasurer / a should fall in people different.
The exercise of the charges will be free.
Article 16 Duration of the mandate in the body of representation
The members of the body of representation, exercise the charge for one period of 1 year (s), and may be re-elected indefinitely.
The halt in the office prior to extinction the term regulation may be due to:
a) resigns voluntarily submitted by one written in the which is to reason the reasons.
b) Disease that incapacitates for the exercise of the office.
c) Cause withdrawal as a member of the Association.
d) Sanction imposed for a fault committed in the exercise of the position.
The vacancies that will occur in the body of representation is covered in the first General Assembly to be held. Note however, the organ of representation may count, provisionally, until the next Assembly General, with one member of the Association for the vacant position .
Article 17 Competences of the organ of representation
The organ of representation has the powers following:
a) Hold and exercise the representation of the Association and carry to term the direction and the management of the way most comprehensive to recognize the law and fulfill the decisions taken by the Assembly General, and in accordance with the rules, the instructions and the guidelines general that this Assembly General established.
b) Make the necessary agreements for the appearance before the organizations public, for the exercise of all kinds of legal actions and to file the resources relevant.
c) Resolve on the admission of new associates, keeping the updated relationship of all the partners.
d) Propose to the General Assembly the establishment of the fees that the Members of the Association have to meet.
e) Convene the Assembly General and check that the agreements that there are adopt, be fulfilled.
f) Communicate to the Registry of Associations, the modification of the Statutes agreed by the Assembly General in the period of a month.
g) Present the balance and the statement of accounts of each fiscal year to the Assembly General for which the approval, and prepare the budgets for the year following.
h) Keep an accounting in accordance with the specific rules that allow obtaining the image faithful to the heritage of the result and of the situation financial of the entity.
i) Carry out the inventory of the assets of the Association.
j) Prepare the report annual of activities and submit to the approval of the General Assembly .
k) Resolve provisionally any case not foreseen by the present Statute and give an account of it at the first subsequent General Assembly .
l) Any other faculty that not be attributed to one so specific in these statutes to the General Assembly .
Article 18 Meeting of the organ of representation
The body of representation, called previously by the / the President / a or by the person who replaces him , will meet in ordinary session with the periodicity that his members decide, that in all cases not be able to be superior to two months.
Will meet in Sign extraordinary if it requests a – third of its components.
The body of representation be validly constituted with call prior and one quorum of the half plus one of its members.
The members of the body of representation are obliged to attend to all the meetings that are called , being able to excuse their attendance for justified reasons .
In any case, will be required the assistance of the President / a and of the Secretary / a or of the people that the replacement.
In the body of representation will take the agreements by majority simplest of votes of the assistants. In the event of a tie, the vote of the President will be of quality.
The agreements of the body of representation is made recorded in the book of records. To the start each meeting of the same, you will read the minutes of the session prior to that was approved or are corrected.
Article 19 The President
The President of the Association will also be President of the body of representation.
Are own of the President / a, the following functions:
a) Those of management and legal representation of the Association, by delegation of the Assembly General and of the body of representation.
b) The President and the direction of the debates of the organs of government and of representation.
c) Sign the calls for the meetings of the General Assembly and the organ of representation.
d) Countersign the minutes and the certificates made by the Secretary / a of the Association.
e) The powers remaining themselves of the charge and of which he delegated the Assembly General or the organ of representation.
The President will be substituted, in case of absence or illness, by the Vice President or the / the voice of the organ of representation.
Article 20 The Treasurer
The Treasurer will have as function the custody and the monitoring of the resources of the Association, as well as the preparation of the budget, the balance and settlement of accounts, to order to subject them to the body of representation, as is determined in the Article 17 of these Statutes.
He will sign the receipts, fees and other documents of treasury. Pay to the bills approved by the organ of representation, of which will have to be previously endorsed by the President.
Article 21 The Secretary
The Secretary must guard the documentation of the Association, write and sign the minutes of the meetings of the organs of government and representation, drafting and authorize the certifications that have to deliver, as well as having updated the relationship of the associates.
THE ECONOMIC REGIME
Article 22 Heritage initial and resources economic
At the present time , the Association is not the owner of any patrimony , not however, they may form part of the same any goods or rights of content economic that are affected to the achievement of the aims of the Association.
The annual budget will be approved each year at the Ordinary General Assembly .
The economic resources of the Association will be nourished by:
a) Of the quotas that the General Assembly fixes to its members.
b) Of the official or private subsidies .
c) Of donations, inheritances or / and bequests.
d) Of the income of the same heritage or good of other income that they can get.
Article 23 Benefit of the activities
The benefits obtained arising from the exercise of activities economic, including the performance of services shall be allocated exclusively to the fulfillment of the purposes of the Association, without which fits in any case its distribution among the partners and between their spouses or persons who live together with those with similar relationship of affectivity, or among his relatives, nor his assignment free to persons physical or legal with interest lucrative.
Article 24 Quotas
All the members of the Association have an obligation to hold financially, through quotas or spills, in the manner and in the proportion that determine the Assembly General a proposal of the body of representation.
The Assembly General may set fees for admission, fees periodic monthly, and extraordinary fees .
The exercise economic remain closed in December of the same.
Article 25 Disposition of funds
In the accounts current or passbooks of saving open in establishments of Credit must include the signature of the President, the Treasurer and the Secretary.
In order to dispose of funds, will be sufficient two signatures, of the which, one will be necessarily the of the Treasurer / a or rather the of the President / a.
DISSOLUTION OF THE ASSOCIATION
Article 26 Causes of Dissolution and delivery of the remainder
The Association will be dissolved:
a) If so it agrees to the Assembly General convened expressly for this purpose and with the vote in favor of the more than the half of the people present or represented.
b) By the causes determined in the Article 39 of the Code Civil.
c) By final judicial sentence.
d) By low of the people associated, of shape that remain reduced to less than three.
Article 27 Liquidation
The dissolution of the association opens the period of settlement, until the end of the which the entity will retain its legal entity.
The members of the body of representation at the time of the dissolution is converted in liquidators, except that the Assembly General designate to others, or rather those that the judge, in your case, agree in your judicial resolution.
Corresponds to the liquidators:
a) Watch for the integrity of the assets of the association and bring their accounts.
b) Conclude the operations pending and make the new that are accurate to the liquidation.
c) Collect the credits of the association.
d) Liquidate the assets and pay to the creditors.
e) Apply the surplus assets of the association to the purposes provided by the Statutes, with the exception of the contributions conditional.
f) Request the cancellation of the seats in the corresponding Registry .
In the event of insolvency of the association, the organ of representation or, if it is the case, the Liquidators have to promote immediately the appropriate procedure bankruptcy before the competent judge .
The remaining net that resulting from the clearance is allocated directly to other entities and associations that have ends similar, preferably to those that their domicile is in the province of Alicante.
The associated persons are not personally liable for the debts of the association.
The members or holders of the organs of government and representation, and the other people who Obren in name and representation of the association, respond to it, before the associates and before third parties for the damages caused and the debts contracted by malicious, culpable or negligent acts .
RESOLUTION EXTRAJUDICIAL OF CONFLICTS
Article 28 Extrajudicial resolution of conflicts
The issues in dispute that may arise with the occasion of the performances developed or of the decisions taken in the bosom of the association, will be resolved by arbitration, to through of one procedure adjusted to the provisions of the Act 60/2003, of 23 of December of Arbitration, and with clamping, in all cases, to the principles essentials of hearing, contradiction and equality between the parties or voluntarily by mediation, according to the established in the Law 5/2012, of 6 of July of mediation in civil and commercial matters.
They end up signing the organ of government of APROSENVEU:
President: Ana Isabel Femenía Ortolà
Vice President: Andrea Michelle Clarke
Secretary: Laura Sastre Dominguis
Treasurer: Maria Consuelo Sendra Dominguis
Rosario Bolufer Garcia
Estefania Sansaloni Andres
Cristina Sansaloni Andres