By-laws

Transalted from Italian. The by-laws in Italian are decisive.

Article 1 – NAME

An association named

ASSOCIAZIONE KAM FOR SUD

Kasturi Mirga Forum for a Sustainable Development

is created, in compliance with articles 60 et seq. of the Swiss Civil Code.

Article 2 – HEADQUARTERS

The association’s headquarters are in Lugano, Switzerland.

Article 3 – OBJECTIVES

With the help of members, supporters, third parties and the proceeds of its own activities, the association aims at promoting educational projects and sustainable development projects for the poorest and most marginalized people in developing countries, particularly in Nepal and other Himalayan countries.

The association is a non-profit organization.

Article 4 – ADMISSION

Anyone who agrees with the association’s objectives and work, and who pays the membership fee, is admitted as a member.

Article 5 – SUPPORTERS

Supporters are those who support the association financially.

Article 6 – REVOKING MEMBERSHIP

1.    Resignation

Any member can resign at any time by written notice.

2.    Dismissing

The general assembly can dismiss members who do not respect the association’s objectives or who fail to pay the membership fee.

Article 7: INTERNAL ORGANIZATION

The association comprises the following bodies:

  1. the general assembly
  2. the committee;
  3. the auditor office.

Article 8 – GENERAL ASSEMBLY

The general assembly is the highest body of the association.  The general assembly is summoned by the committee once a year, generally before May 31st.

An extraordinary general assembly can be summoned by the committee if it considers it necessary, or on the request of min. one fifth of the members, in which case a written demand must be submitted to the committee, along with topics to be discussed during the meeting. The committee must then summon an assembly within a delay of one month following the demand.

Article 9 – ROLES AND RESPONSABILITIES

The responsibilities of the general assembly are the following:

  1. to elect the committee and the auditor office;
  2. to approve management reports, yearly accounts, auditing reports;
  3. to modify the by-laws;
  4. to take decisions concerning the statute of members;
  5. to take decisions about the topics discussed during the meeting;
  6. to dissolve the association and decide about the destination of assets;
  7. to take decisions in cases where the responsibility is not expressively placed on other bodies.

Article 10 – SUMMONING

The members are summoned by the committee through a personal letter or through advising in the newspapers, at least 3 weeks before the date of the assembly. The summoning includes the topics to be discussed.

Members can propose extra topics until two weeks before the date of the meeting.

The association is published on the “official paper of the Canton of Ticino, Switzerland”.

Article 11 – DECISION MODALITIES

The general assembly is directed by a president of the day. Any member of at least 16 years of age, who has paid his membership fees, has the right to vote and to apply for election to all positions. Every member’s voice counts as one vote. Decisions are taken by simple majority of present members; in case of a draw, the vote of the president of the day is decisive. Elections require absolute majority on the first round, relative majority on the second round. Elections and voting are accomplished through hand rising, unless a majority of the present members decide to proceed by secret ballot.

Article 12 – BY-LAWS MODIFICATION AND SPECIAL MOTIONS

Any proposition to modify the by-laws, as well as any special motion, must be submitted to the committee in written form. To be validated, such changes must be accepted by 2/3 of the present members.

Article 13 – THE COMMITTEE

The committee is composed of 3 to 7 members and is elected for one year. Committee members are always re-eligible.

The committee can appoint, among its members, the following:

  • a president;
  • a vicepresident;
  • a treasurer;
  • a secretary.

The committee is summoned by the president or by  one third of its members.

Decisions are taken by simple majority and require the presence of at least half + one members of the committee. In case of a draw, the president’s vote is decisive.

Article 14 – COMPETENCES

The committee may:

  1. represent the association when dealing with third parties and define modalities of signature. The association is considered legally constraint by the collective signature of two committee members;
  2. take decisions for all topics that do not fall under other organs’ responsibility;
  3. employ administrative and technical staff and define its signature rights;
  4. appoint members or third parties to accomplish specific tasks;
  5. fix the annual membership fee;
  6. admit or dismiss members on a temporary basis.

Article 15 – AUDITOR OFFICE

The assembly appoints the auditor office, who may be a legal person. The auditor shall submit a written report on management and on the state of the assets to the assembly. It holds office for one year and may be re-elected.

Article 16 – RESPONSIBILITIES AND ASSETS

The association shall be liable for its financial obligations solely from its assets, excluding any personal liability of members or committee members; they shall have no claim on the assets of the association in the event of its dissolution.

Article 17 – MEMBERSHIP FEES

Members must pay a yearly membership fee, the amount of which is fixed by the committee.

Article 18 – DISSOLUTION

The association is dissolved when 4/5 of the members agree to it during a specially summoned assembly or if the objective cannot be achieved anymore. In case of dissolution, the destination of assets is decided by simple majority. They must go to a similar association or institution in Ticino, recognized by controlling authorities. The distribution of assets among members is impossible.

Article 19 – FINAL INSTRUCTIONS

Any object not covered by the present by-laws falls under articles 60 et seq. of the Swiss Civil Code.

The present by-laws were unanimously approved by the constitutional assembly held on December 26th 1998, by the assembly held on May 23rd 2017, by the assembly held on June 10th 2021 and by the assembly held on April 27th 2023.