By-Laws of the association Kam For Sud

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

Article 1: name

An association named

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

The association’s objectives are to promote educational projects and to support marginalised an poorest people in developing countries, especially in Nepal and in Tibet.

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 organisation

The association comprises the following bodies:

1. the general assembly
2. the committee
3. the auditors

Article 8: general assembly

The general assembly is the highest body of the association. It includes every member of the association. The general assembly is summoned by the committee once a year, generally before March 31st.

An extraordinary general assembly can be summoned by the committee if it considers it necessary, or on the request of min. 1/5 of the association’s 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 president, the committee, the auditors;
2. to approve management reports, yearly accounts, auditing reports;
3. to modify the by-laws;
4. to take decisions concerning the statute of member
5. to decide topics to be 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, legally or according to the present by-laws.

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”.

Articolo 11: decision modalities

The general assembly is directed by a president of the day.
Any member of at least 16 years old 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 must be 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.
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 of modification to 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 the president and 6 members and is in elected for 2 years. Committee members are always re-eligible.
The committee appoints, among its members, the following:

• A vice-president
• A treasurer
• A secretary

The committee is summoned by the president or by someone appointed by the president, or if 1/3 of its members request it.
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 both the president and one committee member, or of two committee members;
2. take decisions for all topics that do not fall under other organs’ responsibility;
3. employ administrative and technical staff;
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: auditors

There are two auditors that are always re-eligible. They must submit a written financial report to the general assembly.

Article 16: responsibility and assets

The association may use exclusively its own assets; any financial responsibility of members or members of the committee on a personal level is impossible; members have no rights on the association’s assets in case of 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.
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 in Locarno on the 26th of December 1998.