Chapter III: On partners: requirements and admission procedure and types
- Chapter I: Name and statutory scheme
- Chapter II: Governing bodies and administration
- Chapter III: On partners: requirements and admission procedure and types
- Chapter IV: Founding assets and budgetary system
- Chapter V: On the modification of the statutes
- Chapter VI: On the dissolution of the associations and application of the net assets
- Chapter VII: Final dispositions
ON PARTNERS: REQUIREMENTS AND ADMISSION PROCEDURE AND TYPES
- Article 26
The members of the Association can be those natural or legal persons who request to be so and meet the following conditions:
- In the case of natural persons: to be of legal age or emancipated minor, and not be subject to any legal condition in order to exercise their right, and their capacity is not limited in virtue of firm court ruling.
- In the case of legal persons an express agreement is required from their relevant body which states their desire to join the associations and also the persons they are represented by.
- That they comply with what is established in Law 7/2007, of 22nd June, for Associations of the Basque Country, and Organic Law 1/2002, of 22nd March, regulating the Right of Association
- Article 27
Those who wish to join the Association, shall make a request in writing endorsed by two partners and addressed to the President, who shall inform the Management Board, which shall decide on the admission or non-admission, whereby the applicant can appeal before the General Assembly.
At the moment they are admitted to the Association, the partners shall fall into one of the following concepts:
- Individual Partners: Natural Persons. Their fee shall be taken as the base in order to establish that of all the other partners.
- Institutional Partners: Legal Persons. Their fee shall be, according to the General Assembly’s decision for each financial year, between 1 and 20 times that of the individual partners.
- Protective Partners: Natural and legal persons who request their incorporation in this concept. Their fee shall be, according to the General Assembly’s decision for each financial year, between 50 and 150 times that of the individual partners. However, the fee of protective partners could voluntarily exceed that agreed by the General Assembly.
Besides full partners, after application and admission by the Management Board, those natural and legal persons whose activity or contribution can favour the achievement of the foundational purpose can join the Association, as collaborating partners, after express admission by the Management Board.
The Management Board shall determine the contribution that collaborating partners must pay.
Collaborating partners shall have the right to attend in an advisory capacity without the right to vote in the Association’s Assemblies, as well as to propose in writing to the governing bodies, complaints and suggestions regarding the Association and its activities.
They shall be obliged to participate in the Association’s activities and work to achieve its aims, to provide all services established in the Statutes, the Internal Regulations and the agreements of the Governing Bodies, to attend the General Assemblies, to meet contributions established and to abide by what is set out in the Statutes.
The status as collaborating partner shall be withdrawn by agreement of the Management Board, at its own discretion, whereby the temporary admission as a collaborating partner shall also be possible.
- Article 28
The Association, by agreement of the Management Board, shall be able to grant the condition of honorary partner to those persons who, by meeting the necessary requirements to become a part of it, cannot serve the Association’s aims with their physical presence. Likewise, it shall also be able to grant the condition of honorary partner to those natural persons who cannot be partners of the Association but who have undertaken or undertake relevant activities within the framework of the Association’s object. The status of these partners is merely honorific and, therefore, does not grant the legal condition of member, or the right to participate in the governing bodies and its Administration, whereby they are exempt of any kind of obligations.
- Article 29
All associated persons have the following rights:
1) To challenge the agreements and actions contrary to the Law of Associations or the Statutes, within the period of forty calendar days, starting from the day on which the claimant was aware, or has the opportunity to be aware, of the contents of the agreement challenged.
2) To be informed about the composition of the governing bodies and representation of the association, of its statement of accounts and of the development of its activity.
3) To be aware, at all times, of the identity of all other members of the Association, the statement of accounts for income and expenditure, and the development of its activity, in the terms set out in the regulations on personal data protection.
4) To be called to the General Assemblies, to attend them and exercise the right to take part and vote at the General Assemblies, whereby they can confer, for this purpose, their representation to other members.
5) To participate, in accordance with these Statutes, in the Association’s governing bodies, whereby they are voter and eligible for them.
6) To figure in the Partners file established in the legislation in force, and make use of the Association’s emblem, where appropriate.
7) To have a copy of the Statutes and of the Internal Regulations where these exist, and present requests and complaints before the governing bodies.
8) To participate in the Association’s collective acts, and enjoy the elements aimed for common use by the partners (social premises, libraries, etc.).
9) To be heard in writing, prior to the adoption of disciplinary measures, and be informed of the causes that have lead to them, which can only be based on the non-compliance of their duties as partners.
10) To withdraw at any time, without detriment to the commitments acquired pending compliance.
- Article 30
The following are duties of the partners:
- To share the purposes of the association and collaborate in achieving these.
- To pay the fees, calls for funds and other contributions which, in accordance with the statutes, may correspond to each partner.
- To comply with all the other obligations that may arise from the statutes.
- To obey and comply with agreements validly adopted by governing bodies of the association.
- Article 31
The persons associated can be disciplined by the Management Board for repeatedly infringing the Statutes, or, the agreements of the General Assembly or the Management Board.
The sanctions can include from the suspension of rights, from 15 days to one month, to the definitive separation, in the terms set out in the following articles.
For these purposes, the Presidency can agree to open an investigation to clarify the conduct that may be punishable. The actions shall be carried out by the Secretary, as the instructive body, who shall propose to the Management Board the adoption of the appropriate measures.
The imposition of sanctions shall be the duty of the Management Board, without the participation of the Secretary (as it is the instructive body), and it must be preceded by the audience of the interested person. They can appeal against this agreement, which shall always be backed by reasons, before the General Assembly.
- Article 32
The condition of partner shall be lost in the following cases:
- Due to death, or, dissolution of legal persons or body of creditors in bankruptcy.
- Due to voluntary separation. The request to withdraw must be presented in writing with acknowledgment of receipt, and comes into effect from its reception.
- Due to separation by sanction, agreed by the Management Board, when any of the following circumstances occurs: serious repeated and deliberate non-compliance with the duties emanated from these Statutes, or, from the agreements validly adopted by the General Assembly or Management Board.
- Due to non-payment of corresponding contributions.
- In the event that a partner falls into an alleged cause of separation from the association, due to serious repeated and deliberate non-compliance with the duties emanated from these Statutes, or, from the agreements validly adopted by the General Assembly or Management Board; the Presidency shall be able to order the Secretary to practice certain prior diligences, in order to obtain the appropriate information, in the light of which, the Presidency shall be able to demand the actions be archived or initiate disciplinary proceedings for separation.
- Due to the loss of conditions required to be a partner.
- Article 33
En caso de incurrir un/una socio/a en una presunta causa de separación de la asociación, por un incumplimiento grave, reiterado y deliberado de los deberes emanados de los presentes Estatutos, o, de los acuerdos válidamente adoptados por la Asamblea General o Junta Directiva; la Presidencia podrá ordenar a la Secretaría la práctica de determinadas diligencias previas, al objeto de obtener la oportuna información, a la vista de la cual, la Presidencia podrá mandar archivar las actuaciones o incoar expediente sancionador de separación.
- Article 34
If disciplinary proceedings for separation are initiated, the Secretary, after verifying the facts, shall inform the interested person in writing stating the charges attributed to them, Which they shall be able to answer pleading what they consider appropriate in their defence in a period of fifteen days after which, in any case, this matter shall be included in the Agenda of the first session of the Management Board, which it shall agree as appropriate, without the Secretary’s vote, as they have acted as the instructor of the sanction.
The separation agreement shall be notified to the interested person, informing them that they can appeal against it before the first Extraordinary General Assembly to be held, and if this is not called within three months, it must be called for this purpose exclusively. Meanwhile, the Management Board shall be able to agree that the person accused is suspended as regards their rights as partner and, if they were part of the Management Board, it must decree the suspension of their position.
In the case that the separation action is raised before the General Assembly, the Secretary shall draw up a summary of this, to enable the Management Board to inform at the General Assembly about the written document presented by the person accused, and duly inform of the events to enable the Assembly to adopt the corresponding agreement.
- Article 35
The separation agreement, which shall always be supported by reasons, must be communicated to the interested person, whereby they can exercise their right to appeal before the Courts, when they deem that it is contrary to the Law or the Statutes.
- Article 36
On informing a partner of their separation from the Association, whether voluntary or as a result of a sanction, they shall be required to comply with the obligations they have pending, where appropriate.
RIGHTS AND DUTIES OF THE PARTNERS
CASE AND LOSS OF THE CONDITION OF PARTNER