STATUTES

INSTITUTO CHECO IBEROAMERICANO

Institute for Friendship and Cooperation of Czech Republic with Iberian Peninsula and Latin-American Countries

Article I. 

Introductory Provisions

Instituto Checo Iberoamericano, an institute for friendship and cooperation of the Czech Republic with Iberian Peninsula and Latin-American Countries (hereinafter referred to as ,the Institute"), is established as a voluntary association to represent and advocate the interests of its members and to fulfil the below stated objectives and tasks of the Institute.

The Institute has separate legal personality and is entitled to gain property and assume rights and obligations.

Article II. 

Objectives and Tasks of the Institute

Primarily the Institute shall fulfil following tasks and objectives:

1. to create and implement social, cultural, educational, commercial, organizational and material conditions facilitating support, development and promotion of the cooperation and friendship between citizens of the Czech Republic and the Iberian Peninsula and Latin-American Countries,
2. to express, present and represent the interests of its members towards other state and non-state subjects in the Czech Republic and abroad,
3. to administer its own property,
4. to provide following services:
   • instructional and educational courses, consultancy,
   • publicizing the activities of its members,
5. to cooperate with other organizations, entrepreneurs, regulatory authorities and additional entities with the aim of attaining mutually beneficial goals, whereby the Institute may enter other interest groups as their member,
6. to act as nonpolitical organization not allowing any political parties or movements to be active within the Institute - however not limitating in whatever way any active participation of its members in the public life.

Article III. 

Rights and Obligations of the Institute Members

1. Member of the Institute may be any natural person fully fit for legal acts who supports the Institute's objectives. Legal entities as well may become Institute members. Membership of the Institute arises from the decision of the Institute's Presidium in respect of the admission of an applicant as an Institute member, based on a written application. The Presidium of the Institute may decide on bestowing an Institute membership of honour. The founding members of the Institute are the preparatory committee's members.
2. The Institute members have the following rights:
   1. to take part in working, cultural and social life within the Institute,
   2. to elect and be elected to the Institute bodies,
   3. to assert and put through their opinions in respect of the Institute's activity,
   4. to ask information of the Institute bodies concerning all activities of the Institute,
   5. to take a share in all benefits rendered by the Institute to its members.
   The Institute members - legal entities shall exercise their right set forth under the letter b) thereof in a fashion that they will vote or be voted to the Institute bodies through the medium of their statutory representatives.
3. Basic duties of the Institute members are as follows:
   1. to fulfil tasks ensuing from the Statutes of the Institute and from the decisions of the Institute bodies,
   2. to observe the set rules and principles of mutual respect and democracy between the Institute members,
   3. according to their possibilities and the needs of the Institute to participate in the activities of the Institute,
   4. to protect the property of the Institute and assist in its development and enhancement,
   5. to avoid doing any harm to the reputation of the Institute, 
   6. to pay the set membership fees and charges, 
   7.  to work actively in the bodies of the Institute which they were elected to.
4. The Institute membership shall terminate upon:
   1. a member leaving the Institute,
   2.  a member being expelled by the Assembly for material breach of a basic member duty,
   3.  the death of a member or the dissolution of a legal entity,
   4. the dissolution of the Institute. 

Article IV.

 Membership Fees and Charges

The amount and due date of membership fees for every calendar year shall be established by the Institute's Presidium according to the needs of the Institute. Membership fees shall be paid by all Institute members. The set amount of membership fees may be different for Institute members - natural persons and Institute members - legal entities. The Presidium of the Institute may also decide on a lump-sum-fee amount to be paid by a legal entity when admittet as a new Institute member. Members of honour are exempt from payment of the membership fees.

Article V.

Breach of Rules of Conduct

Each member of the Institute is liable for any breach of the set rules of conduct which was due to neglect. The breach of the rules of conduct is any breach of the member duties set by the Statutes of the Institute or the Institute's bodies.

Disciplinary measures:
Following disciplinary measures may be imposed by a disciplinary body for a breach of the rules of conduct:

1. reprimand or
2. expelling from the Institute.

A disciplinary body of the Institute is the Disciplinary Commission elected by the Assembly of the Institute. Each member whose breach of the rules of conduct is subject matter of the Disciplinary Commission's agenda has the right to be present at the respective session of the Commission. Each disciplinary measure shall be made out in the written form and delivered to the member at fault. The member has the right of appeal to the Presidium of the Institute within 15 days from the delivery of the disciplinary measure. The decision of the Presidium of the Institute is final.

Article VI.

Bodies of the Institute

1. Bodies of the Institute are as follows: 
   1. Assembly 
   2. Presidium
   3. Supervisory Board
   4. Disciplinary Commission
2. Assembly

   The supreme body of the Institute is the Institute's Assembly formed by all Institute members. The Assembly meets at least once in two years and also any time if the Presidium of the Institute so decides or the Supervisory Board or a quarter of the the Institute membership so require. The exclusive competence of the Assembly includes the election of Institute bodies, changes to the Statutes of the Institute, setting main tendencies and concepts of the Institute development, approvals of the annual report, budget and financial statement of the Institute, approval of the Supervisory Board's report and additional activities to be stipulated by the Assembly.

3. Presidium

   Presidium of the Institute is a statutory body of the Institute that decides upon all aspects of the Institute's activity unless they are reserved for other bodies of the Institute. In respect of third persons the Presidium of the Institute acts on behalf of the Institute. The Presidium of the Institute consists of five Presidium members to be elected by the Assembly for a period of three year. A repeated election of a member is possible. A member of the Presidium of the Institute can resign from his function by a written notice to the Presidium of the Institute. After the elapse of the function term of the Presidium members or in the event of a member's resignation the membership of the Presidium shall not terminate until after the new election of the Presidium members. From among its members the Presidium of the Institute elects the President of the Institute who represents the Institute outwardly. Signature on behalf of the Institute takes place in such manner that the President of the Institute or a Presidium member authorized by the Presidium of the Institute attaches his/her signature to the written or stamped name of the Institute.

4. Supervisory Board

   The Supervisory Board is a control body of the Institute authorized to control all acts of the Institute and its bodies except for the acts of the Assembly. The Supervisory Board is authorized to control the implementation of the Assembly's resolutions. The Supervisory Board consists of three members to be elected by the Assembly for a period of three years. A repeated election of a member is possible. A member of the Supervisory Board can resign from his function by a written notice to the Supervisory Board of the Institute. After the elapse of the function term of the Supervisory Board members or in the event of a member's resignation the membership of the Supervisory Board shall not terminate until after the new election of Supervisory Board members. Chairman of the Supervisory Board is to be elected by the Supervisory Board from among its members.

5. Disciplinary Commission

   The Disciplinary Commission consists of three members to be elected by the Assembly of the Institute. A repeated election of a member is possible. The Disciplinary Commission decides upon imposing disciplinary measures. Chairman of the Disciplinary Commission is to be elected by the Disciplinary Commission from among its members.

6. Voting to all bodies of the Institute shall be made by ballot. Members of the Presidium and the Supervisory Board of the Institute must be elected by an affirmative vote of a clear majority of the Assembly members present, members of the Disciplinary Commission must be elected by an affirmative vote of a clear majority of all memebers of the Institute Presidium. For the election of the President of the Institute and the Supervisory Board's or the Disciplinary Commission's chairmans an affirmative vote of a clear majority of all members of the respective voting body of the Institute is required. Resolutions of the Presidium, the Supervisory Board and the Disciplinary Commission of the Institute must be taken by an affirmative vote of a clear majority of the body members present and each of the stated Institute bodies is only quorate if a clear majority of its members is present. There is a ban on majorization of the founding members of the Institute in respect of voting in the Presidium, the Supervisory Board and the Control Commission of the Institute.
7. The Assembly is only quorate if a clear majority of all members is present. If a duly convened Assembly meeting is not quorate the meeting shall be adjourned to one hour thereafter and at such adjourned meeting any number of the Assembly members present shall constitute a quorum. The Assembly members must be expressly informed that a substitute Assembly meeting may take place by stating this possibility in the respective notice of the Assembly meeting. For the election of the President of the Institute and the Control and Disciplinary Commission's chairmans an affirmative vote of a clear majority of all members of the respective voting Institute body is required. There is a ban on majorization of the founding members of the Institute in respect of voting at the constituting Assembly.

Article VIII.

Legal Position, Property and Economy of the Institute

The Institute is an independent and separate social organization with separate legal personality. The Institute can assume proprietary and other rights on its own behalf, bind itself and has separate liability in respect of property. The property of the Institute is formed by immovable and movable things, receivables and other proprietary rights of the Institute.

Sources of the Institute's property are as follows: 

1. member fees,
2. earnings from educational, consultancy, cultural and social activities,
3.  earnings from own economic activities of the Institute,
4.  contributions and gifts from institutions, companies and private persons.

Economy of the Institute:
To secure regular cash-desk and payment system operations the Presidium of the Institute is entitled and obliged to establish constant cash desk and current accounts and keep accounts within the scope set by legal regulations. The establishment, operation and protection of cash desks and current accounts shall be governed by applicable legislation. The entire economy is subject to budget for a respective calendar year approved by the Assembly at the proposal of the Presidium of the Institute. The economy of the Institute is the resposibility of the Presidium of the Institute.

Article IX.

Dissolution and Liquidation of the Institute

Dissolution of the Institute is subject to the decision of the Institute Assembly. Such decision must be taken by an affirmative vote of at least two thirds of the votes of all Institute members. If the Assembly's resolution on this matter is such that a legal successor to the Institute is appointed at the same time, all rights and obligations and the entire Isnstitute's property are conveyed to the appointed legal successor at the day set forth in the resolution of the Assembly on the dissolution of the Institute. In the event of dissolution of the Institute without any legal successor the Assembly shall appoint a liquidator of the Institute whose duty would be to settle the obligations of the Institute. After settlement of all obligations of the Institute the remaining property of the Institute will be distributed among the Institute members in accordance with the decision of the Institute Assembly.

Article X.

Final Provisions

The Institute is established as legal entity by the day of registration of these Statutes in terms of Act No. 83/1990 Sb. on freedom of assembly and association in the reading of subsequent legislation. Until bodies of the Institute are constituted pursuant to these Statutes their functions will be performed by the Preparatory Committee.

18th February, 2000