THEATRE OF ETERNAL VALUES INTERNATIONAL
Association for social promotion
C.F. 01800010330
Article 1 - CONSTITUTION, HEADQUARTERS AND DURATION
It is hereby stated that, in accordance with the Civil Code, Legislative Decree 117/2017 and the relevant legislation in force, the Association THEATRE OF ETERNAL VALUES INTERNATIONAL, an Association for social promotion or A.P.S., in the form of a non-recognised association, referred hereinafter in this act simply the association, has been constituted. The Association is non-partisan and non-denominational, non-profit, and guarantees the inviolable rights of the individual, the democracy of the structure, equal opportunities for men and women, the electivity and non remuneration of social functions.
The Association uses the acronym "TEV INTERNATIONAL Associazione di Promozione Sociale or A.P.S." (Association for Social Promotion or A.P.S.), the Association pursuant to and for the purposes of Article 101, paragraph II of Legislative Decree 117/17 as amended and supplemented. After the implementation of the Single National Register of the Third Sector and following registration in the same, it will use the acronym "TEV INT Associazione di Promozione Sociale or A.P.S.- E.T.S." (Association for Social Promotion or A.P.S.).
The Association establishes its headquarters in Piacenza in Via Sopramuro n. 60 and the Board of Directors has the power to decide to move the headquarters and establish other secondary operating offices in Italy or abroad, without the need for statutory changes, but it is obliged to notify the competent offices as provided for by the regulations. The social promotion association is governed by Legislative Decree No 117 of 3 July 2017, its implementation rules, regional law and the general principles of the legal system. The assembly may deliberate on any regulations for the implementation of the Statute with regard to more particular organisational aspects. The statute binds the members to comply with it; it constitutes the fundamental rule of conduct for the organisation's activities.
The duration of the Association is unlimited.
The Association may, by resolution of the General Meeting, join other Associations and Bodies, when this is useful for the achievement of the Association's purposes. The President of the Board of Directors is delegated to join in the name and on behalf of the Association, subject to a resolution of the General Meeting.
Article 2 - AIMS
THEATRE OF ETERNAL VALUES INTERNATIONAL was founded with the purpose of organising artistic events and initiatives at national and international level, with the aim of affirming the universal values of art, based on the experience gained by some of the founding members who have already experienced, in other European countries and at other times in history, the educational importance and values of theatre, figurative arts and music, as handed down by the spiritual teachings of the great masters and souls of the past, some of whom are listed below: Adi Shankaracharya, Kabir, Michelangelo, William Shakespeare, Molière, William Blake, J.. S. Bach, W.A. Mozart, Shri Mataji Nirmala Devi and intend to propose art and the approach to artistic forms of expression to both the young and all people, as part of a national and occasionally international network. Here are some concepts that underpin the general direction and values of the Association:
All material things have three dimensions but there is a fourth dimension which only human beings can see and feel. This fourth dimension is the aesthetic dimension created by balanced harmonies and the integration of different textures, forms and lines. Animals have no sense of beauty; only human beings can feel the aesthetics of a composition of different colours, or the movement of lines and the melting of forms. The feelings of joy acquired through this aesthetic sense create a Rasa (a secretion of the essence or juice of a feeling). This Rasa gives one a stimulative feeling that sets in motion waves of aesthetic joy within the inner self. These joys are of different frequencies and vibrations.
Artists have to raise the public eye to their standards of taste, and not stoop down to the cheap demands of the public thus surrendering their freedom. This can be done by contacting of educational and social institutions, by the enlightened artists. Through articles in magazines and newspapers, the ideas of such artists can be propagated. Through dramas, films, and radio talks, people can be educated for the understanding of real art. Thus the dignity of art can be maintained. By coming in contact with the public at large through these societies, the social-self of an artist will develop into a keener and more sensitive being. It will react to the slightest unrest in the nation, to the slightest imbalance in the society. If he sees a leper on the street, his heart will pour out with such sympathy that, through his art, he can create an atmosphere by which social workers, doctors, scientists, and the people in charge of the state will be forced to think of some solution to the problem of leprosy. If an artist finds his countrymen being unpatriotic or cowardly, he can, through others, create a deep impact on their minds. Such is the motivating force of an artist. They are the loveliest flowers of the creation, the sweetest dreams of the Creator, and the dearest parts of human society. Perhaps they do not know how they are loved, worshipped, and followed by their spectators.``
Therefore, art is understood as inner research, meditation, education and symbolic projection of our inner sphere and collective unconscious. Art as the expression and voice of the self, of the spirit and of man's emotional and aesthetic intelligence for the purpose of cultural, emotional, social and psychophysical progress of the individual.
Members therefore embark on an educational-artistic-spiritual path of development and research of the individual's inner potential in the light of a careful analysis of the source and supported by internationally renowned teachers and artists. The association's theatrical productions, concerts and artistic events, in general, include not only individual performances, but also performances by ensembles, orchestras, companies and collective exhibitions, usually included in exhibitions or festivals throughout Italy, in collaboration with local institutions such as municipal administrations, schools of all levels, cooperatives and other bodies that work to create dialogue and bridges using the communication tools of theatre, art, music, dance with the various communities with whom it comes into contact.
In pursuit of its civic, and socially useful aims, the association intends to work toward enabling the cultural and civic development both of its members and of the entire community through the promotion and promotion of a social and recreational atmosphere as a means of forming and reproducing community ties, the promotion and development of participation and supportive relations, and the promotion and development of a sense of community. For the purposes set out in this article, the promotion and free expression of the personality of individuals, including through the support of amateur cultural activities, productions and performances. All the fields in which cultural and recreational, educational, recreational-social, participation, voluntary and solidarity experiences are manifested, gathering of people and social cohesion, support and openness to communities, social and family units, sharing of experiences, also in the forms of mutual aid, as a moment of growth, training, support or cultural gratification, or as a social action of relief, contrast and/or containment of forms and expressions of intolerance, exclusion, violence, ethical and cultural drift, injustice, discrimination and rejection of others, of forced solitude and social marginality, are potential areas of intervention of the association.
Article 3 - ACTIVITIES
The Association THEATRE OF ETERNAL VALUES INTERNATIONAL intends to promote theatre, music and art in general, as an educational and cultural action. In order to achieve its aims, the Association primarily implements and organises activities of general interest in accordance with Article 5 of Legislative Decree 117/2017 as amended:
I) Organisation and management of cultural, artistic or recreational activities of social interest, including activities, including publishing activities for the promotion and dissemination of the culture and practice of volunteering and of the activities of general interest referred to in this article by carrying out the following actions:
- To foster and organise, on its own account or on behalf of third parties, theatrical, musical events, artistic events, festivals, conferences, essays, concerts and any other form of entertainment and spectacle connected with music and art
- Activating musical, artistic and cultural initiatives in the sphere of social gatherings and free time, aimed at promoting the individual and the values of the spirit.
- To set up a youth orchestra
- Organising, musical events, artistic events, festivals, conferences, essays, concerts and any other form of entertainment and show related to theatre, music and art.
- To manage and organise the Nirmal Arts Academy, Culture of The Spirit Festival.
- To give common physical and intellectual spaces for music, arts, culture and all forms of expression that aim to provide a universal and spiritual dimension to the human condition, by valuing and supporting the origins and motivations of all social, religious and ethnic differences.
- To promote, coordinate and manage, theatrical, instrumental and vocal music workshops, workshops on music education and history, advanced courses, seminars, internships and any other initiative aimed at spreading the knowledge and practice of: theatre, music, creative writing, singing and dance.
- To organise courses and workshops in theatre, dance, movement, photography, painting, video editing, screenwriting.
- To collaborate with the associations present in the territories that share the aims of musical and cultural education in general.
- Managing and updating its website and other interactive means of information.
Article 4 - OTHER ACTIVITIES
In order to achieve its aims, the association, pursuant to Article 6 of the Third Sector Code, may carry out activities other than those of general interest, secondary and instrumental to the latter, according to the criteria and limits defined by the relative ministerial decree. Their selection will be determined by the administrative body.
Pursuant to Article 7 of Legislative Decree 117, the association may organise fundraising events aimed at financing and carrying out its general activities, and solicit third parties for bequests, donations and including contributions of a non-monetary nature. Should the association deem it useful in order to achieve its social objectives and carry out its activities, it may avail itself of the financial support and facilities provided for in Articles 69-70-71-72-73-75-77 of Legislative Decree 117/2017 and subsequent amendments.
Article 5 - MANAGEMENT OF ORGANISED ACTIVITIES
In order to carry out the above-mentioned activities and for their management across the territory, at all levels in the field of social associationism, for the achievement of specific objectives, it may collaborate with other bodies of the third sector and with non-profit bodies, as well as with public and private entities. It may also enter into agreements and conventions with them, promote and/or set up and/or join and/or collaborate with associations, institutes, foundations, cooperatives, social enterprises and/or other instrumental non-profit bodies.
For the management of these activities it aims to give priority to contributions based on personal, spontaneous, voluntary and free services, without any profit motive, not even indirect. Volunteers may only be reimbursed for expenses incurred, with the criteria set out in Article 17 paragraph 4 of Legislative Decree 117/2017 as amended. All volunteers are insured for illness, accident and third party liability in accordance with Article 18 of Legislative Decree 117/2017. For the management of the activities organised, the Association may also make use of self-employed or salaried work in compliance with statutory limits. The social promotion association may make use of paid staff within the limits provided for by article 36 of legislative decree 117/2017, also availing itself of its own members, without prejudice, however, to the provisions of article 17, paragraph 5, only when this is necessary for the purposes of carrying out the activity of general interest and the pursuit of the aims. The relations between the association and the paid staff are governed by law and by the specific regulations of the association.
If the revenues, incomes, proceeds or income however denominated are higher than the limits provided for by the regulations in force, any emoluments, remunerations or considerations for any reason attributed to the members of the administration and control bodies, to the managers, as well as to the associates must be published on the association's website.
Article 6 - MEMBERS
The number of members is unlimited. All natural persons may be members; minors under the age of eighteen may become members, subject to the consent of their parents or guardians. Italian or foreign associations and other non-profit organisations or legal entity (through their legal representatives) that do not have interests that conflict with those of the Association and intend to pursue the Association's aims by participating in its activities may also become members. In the event of membership of the Association by other Third Sector or non-profit organisations, the number of social promotion associations shall not exceed fifty per cent of the other members. Members are subject to uniform rules on membership and membership procedures. Members are required to pay an annual membership fee. The membership fee is non-transferable and non-refundable. The Theatre of Eternal Values International Association shall have its own register of members and, if it so wishes, may produce its own membership card; this membership card shall be valid from the date of membership to the end of the relevant calendar year (31 December). Limitations based on the temporary nature of membership are excluded. The membership fee paid by the member represents solely a binding payment to support the association's finances, does not in any way constitute title to ownership or participation in income, is in no case refundable, is not transferable, nor can it be revalued even in the event of death. All members of legal age who have paid their membership fees have the right to vote at meetings, to elect the governing bodies and to be elected to them. Underage members acquire the right to vote when they reach the age of adulthood (18 years); until then they are represented in association matters by the person exercising parental authority.
Article 7 - APPLICATION FOR MEMBERSHIP OF THE ASSOCIATION
The application for membership of the Association must be submitted to the Board of Directors in writing, stating: name and surname, place and date of birth, residence and tax code, telephone number and, if applicable, e-mail address; declaring that it shares the aims of the Association and that it intends to abide by the articles of association, the regulations and the resolutions of the governing bodies of the association.
Article 8 - ADMISSION OF MEMBERSHIP
Acceptance of applications for admission as a member is decided by the Board of Directors, who shall be obliged to specify the reason for any refusal in writing to the person concerned. If the application is rejected, the reasons must be communicated to the interested party within 60 days. The interested party may, within the following sixty days, request that the Assembly decide on the application, which shall deliberate on the request, if not explicitly convened, at the first convenient assembly.
Article 9 - RIGHTS OF MEMBERS
All members of legal age are entitled to cast their vote and enjoy the following rights:
- to participate for an unlimited period in the life of the Association;
- to elect the bodies of the Association
- to be eligible for election to the Association's bodies;
- to vote on the approval of and amendments to the Articles of Association and any Internal Rules;
- to benefit from the insurances provided for by current legislation;
- participate, as far as possible, in all the Association's activities;
- enjoy all the advantages and benefits that the Association may obtain;
- participate in the Assembly with the right to speak and vote;
- to receive information on the activities and agreements made by any of the Association's bodies;
- to inform and monitor within the limits established by law and the Articles of Association.
Article 10 – DUTIES OF MEMBERS
Members have the duty to:
- carry out their activities in a personal, spontaneous, non-profit-making manner;
- attend the Association's Annual General Meeting;
- behave towards members and those outside the Association in a spirit of solidarity and in line with the Association's objectives;
- to participate in the Association's activities as far as they are able;
- comply with the articles of association of the Association and the resolutions passed by the Assembly or the Board of Directors;
- comply with the Association's aims and in all circumstances use the name of THEATRE OF ETERNAL VALUES INTERNATIONAL only for activities promoted by the Association and consistent with its objectives.
- to pay the membership fee.
Article 11 - LOSS OF MEMBERSHIP
Membership shall be revoked for any of the following reasons:
- voluntary renunciation, communicated to and accepted by the Board of Directors;
- non-payment of the annual fee by 30 January of the year following the current year;
- death;
- conduct incompatible with the duties of members and lack of cooperation with the other members of the Association;
- non-compliance with the articles of association and any internal rules;
- abuse of the Association's name or conduct that damages the Association's prestige or seriously disrupts its initiatives;
- conduct contrary to the duty to provide non-monetary service.
- Notice of revocation shall be recorded in the Book of Members.
The Board of Directors of the Association shall be responsible for revoking the membership card, expelling, suspending or expelling members. Against the resolutions of the Board of Directors, the member may appeal, within 60 days from the date on which the measure was communicated to him, to the General Assembly, which shall decide on the appeal, if not explicitly convened, at the first possible occasion. The expulsion is decided by the General Assembly by secret vote and after hearing the statements of the person concerned. Appeal to the judge is nevertheless admissible.
Article 12 - BODIES OF THE ASSOCIATION
The organs of the Association are:
- the General Assembly of Members
- the Board of Directors
- the President
- the Vice-President
- the Secretary
- the Treasurer
- The Artistic Director
A Board of Arbitrators may be established.
The supervisory body if the conditions set out in Article 30 of Legislative Decree 117/2017 are met
The Statutory Auditor if warranted by the conditions set out in Art. 31 of Legislative Decree 117/2017.
Article 13 - GENERAL ASSEMBLY
The General ASSEMBLY is composed of all members and is the sovereign body of the Association. All members are entitled to participate in the ASSEMBLY, whether ordinary or extraordinary. Each member has the right to vote; the vote is open, and will be by secret ballot only if a request to that effect is made by at least 1/10 of the members present. The Assembly is chaired by the President, and in his absence by the Vice President.
Article 14 - CONVENING OF THE GENERAL ASSEMBLY
- The Ordinary General Assembly shall be convened by the President at least twice a year: by 30 April to approve the final accounts and by 31 December to approve the budget.
- The Assembly is convened by the President or his deputy by means of a notice posted at the registered office, which must be sent to all entitled members by any means: letter, fax, email, or other electronic system, at least ten days before the date of the meeting. The convocation must indicate the place, day and agenda of both the first and second call of the meeting.
- The Extraordinary General Assembly may be convened by decision of the Board of Directors;
- whenever requested by the Board of Auditors, if appointed; on written request addressed to the Board of Directors by at least 1/10 of the members.
- Ordinary or Extraordinary General Assemblies are called by the Board of Directors with at least 10 days' notice, by means of an invitation containing the agenda, which must be sent by ordinary mail, e-mail, fax or telegram to each individual member recorded in the register of members; in the event of proven urgency, the Extraordinary General Assembly may be called at other times and in other ways. The notice of convening shall also be posted at the registered office, and shall be made known through any communication tools adopted by the Association. The Assembly may also meet in a place other than the registered office, provided it is in Italy.
Article 15 - VALIDITY OF THE ASSEMBLY
The Ordinary General Meeting is validly constituted on first call when half of its members are present, and on second call whatever the number of members present at the meeting.
Article 16 - TASKS OF THE GENERAL ASSEMBLY
The Extraordinary General Assembly deliberates on:
- the modification of the articles of association and the charter;
- the cessation of the Association's activities and the distribution of its assets;
- The transformation, merger or demerger of the Association;
- deciding on the responsibilities of the members of the corporate bodies and promoting liability actions against them;
- The Ordinary Assembly deliberates on the election of the Board of Directors, after defining the number of directors,
- the revocation of the President and all members of the Executive Board; the appointment and dismissal of the persons indicated in articles 24 and 25. It approves the regulations governing the conduct of the Association's activities;
It also decides on:
- the general policies of the Association and on the activities carried out by it and to be carried out in the various fields of activity;
- admission charges and membership fees;
- approval of the budget and balance sheets;
- approves, when foreseen, in the same terms the annual report or social balance sheet;
- any exclusion of ordinary members.
Any other matter submitted for its approval by the Board of Directors or by individual members.
It deliberates on other matters attributed to its competence by law, by the act of incorporation or by the articles of association. The General Assembly is chaired by the President, or in case of his absence or impediment by the Vice President. The General Assembly deliberates by consensus. Each member is entitled to one vote. Resolutions concerning amendments to the Statute, the dissolution of the Association and the devolution of its assets require the favourable vote of at least 3/4 of the allocated members both in first and second convening. The discussions and resolutions of the General Assembly shall be summarised in minutes drawn up and signed by the President, and kept by him at the Association's head office; every member has the right to consult the minutes. Members may only be represented by other members by means of a written proxy. Each member is entitled to one proxy. The minutes of the meetings of the Assembly shall be recorded in a special book, drawn up by the Secretary or another member appointed by the Assembly. Every member has the right to consult the minutes and to take a copy of them.
Article 17 - BOARD OF DIRECTORS
The Association is administered by the Executive Board of Directors.
The Board of Directors is composed, at the Assembly's discretion, of a minimum of five and a maximum of nine members, including the President, the Vice-President and the Secretary. Offices cannot be accumulated. The term of office of the members of the Board of Directors is three years, and may be renewed. The directors shall meet the requirements of integrity, professionalism and independence.
The Executive Board performs the following tasks:
- appoints the Vice-President, the Secretary and the Treasurer from among its members; these offices are not remunerated:
- decides on the convening of the General Meeting;
- carries out the ordinary and extraordinary management of the Association according to the indications of the Meeting;
- approves the budget and the planning report and proposes them to the Meeting;
- approves the final balance sheet, the final report, and, in the cases provided for by law, the social balance sheet, and proposes them to the Assembly;
- decides on applications for admission as a member;
- decides on any other activity that is not the exclusive responsibility of the Assembly;
- proposes the possible termination of the Association's activities.
Councillors (Directors) are required to actively participate in all meetings. The President has the right to declare a member who unjustifiably fails to attend three consecutive meetings as disqualified. It is the Board member's right to resign from his position by means of a written communication addressed to the Board of Directors and recorded in the minutes of the meeting.
The Board of Directors, by a majority of 2/3 of its members, may, for serious reasons, revoke the Board member who has been responsible for acts detrimental to the image of the association. In this case, the resolution of the Board of Directors to revoke the membership must be ratified by the Members' Assembly within sixty days of its pronouncement. The revocation takes effect from the date of ratification by the Assembly.
If the director does not agree with the reasons for the revocation measure, he/she may appeal to the Board of Arbitrators if within thirty days of the ratification by the assembly; in this case, the effectiveness of the revocation is suspended until the ruling of the Board itself.
If, for any reason, the majority of the Board members are no longer present, the entire Board of Directors is deemed to have lapsed and must be re-elected. If, for any reason, a member resigns, the Board of Directors shall co-opt him/her at the first meeting. The co-opted Board member shall remain in office until the next Assembly, whose agenda shall include the replacement of the absent Board member, who shall remain in office for the same residual period.
Article 18 - MEETING OF THE BOARD OF DIRECTORS
The Board of Directors is convened by the President whenever he deems it useful, or when requested by at least half of the members of the Board itself, and in any case at least twice a year to prepare the final and provisional financial statements to be submitted to the Assembly, to deliberate on the fundamental activities of the Association. Meetings are valid when the majority of the members of the Board of Directors in office are present. Resolutions are taken by consensus. In the event of an equal number of votes, after further discussion, a new vote shall be taken; in the event of an equal number of votes, the side to which the President's vote relates shall prevail. The meetings and resolutions of the Board of Directors are recorded in minutes and signed by the President and the Secretary, and are available to all those who have a reason to view them. In its functions, the Board of Directors may, by its own resolution, set up other committees to study specific issues or for advisory purposes, whose functioning and organisation may be governed by specific Regulations approved by the Board of Directors itself of working committees appointed by it, whose managers may participate as specialists in the meetings of the Board of Directors and the assemblies, but without voting rights. The Board is chaired by the President, in his absence by the Vice-President, in the absence of both by the oldest of those present.
Article 19 - PRESIDENT
The President shall represent the Association to all effects, before third parties and in legal proceedings, and shall remain in office for three years; he shall see to the execution of the decisions of the Assembly and the Board. The President is vested with the corporate signature; he signs conventions and contracts and performs all legal acts relating to the Association. The President may delegate a member of the Board of Directors to carry out acts of ordinary administration. The President chairs the Assembly and the Board of Directors, takes care of the ordinary work of these bodies, signs the minutes of the Meeting and the resolutions of the Board of Directors, and ensures that these documents are kept at the Association's headquarters where they can be consulted by all members. The President takes care of and ensures the appropriate disclosure of the Association's acts, registers and books. In the event of the President's absence, due to serious impediments, the Board of Directors shall be chaired by the Vice President. The President is responsible for the preparation of the financial and social statements, to be submitted to the approval of the Board of Directors and then to the Assembly, accompanied by appropriate reports. The President who intends to resign from office shall formalise the communication in writing among the Board of Directors or to the General Assembly specifying the reasons. In the event of the resignation, forfeiture or serious impediment of the President, the Vice President shall convene the Board to elect a new Board member from among its members in office, and shall replenish the number of Board members in accordance with the rules set out in Article 18 of the Articles of Association. In the event of a justified absence of the President, his powers and duties shall be exercised exclusively by the Vice-President for that period of time. The Meeting, with the favourable vote of half plus one of the members, may dismiss the President.
Article 20 - VICE-PRESIDENT
The Vice-President shall be appointed from within the Board of Directors and shall hold office for three years.
The Vice-President replaces the President whenever the latter is prevented from exercising his functions. The intervention of the Vice-President alone constitutes proof of the President's impediment for third parties.
Article 21 - SECRETARY
The Secretary is appointed by the Board of Directors and remains in office for three years. He shall draw up the minutes of the Assembly and of the Board of Directors, and sign them. He assists the President and the Board of Directors in carrying out their activities. He shall also take care of the keeping and custody of the Association's books and those required by law.
Article 22 - TREASURER
The Treasurer is appointed by the Board of Directors and remains in office for three years. He/She shall be responsible for the financial administration of the Association, take care of the receipts and make payments, and keep the accounts in order. He/She assists the President in keeping a scrupulous administrative and financial management and takes care of the relations with the external tax consultant of the association.
Article 23 - ARTISTIC DIRECTOR AND MUSICAL DIRECTOR
The ARTISTIC DIRECTOR is in charge of the artistic planning, of outlining the playbill of the season, the theatrical, musical and dance productions, reviews, festivals and events, relevant training courses; he/she also has the task of assessing those who intend to collaborate in the regular staff of the association; in his/her function he/she refers to the President and the Board of Directors.
The MUSICAL DIRECTOR confers with and reports to the Artistic Director and the Board of Directors, directs concerts and consequently presides over the musical rehearsals, takes care of the preparation of the students and professional musicians in general; he also has the task of examining those who intend to participate in the musical activities proposed by the association in agreement with the Artistic Director. The Artistic Director and the Musical Director, who have proven experience, may also be chosen from among non-members.
Article 24 - BOARD OF ARBITRATORS
The Assembly Meeting may provide for the election of the Board of Arbitrators, as an internal guarantee body, with between one and three members, also chosen from among the members, with proven sound judgement and objectivity in assessing personal and group facts relating to the members' behaviour among each other and towards the Association. The Board of Arbitrators has the task of settling disputes that may arise between members or between some of them and the Association; its members remain in office for three years and may be re-elected. The office is incompatible with that of a Board Member. The Arbitrators participate by right in the meetings of the Assembly.
Article 25 - CONTROLLING BODY
It is appointed in the cases provided for in Article 30 of Legislative Decree 117/2017. It consists of an auditor registered in the relevant register.
The control body monitors compliance with the law, the articles of association and respect for the principles of proper administration.
It supervises the adequacy of the organisational, administrative and accounting structure and its actual functioning. It monitors compliance with civic, solidarity and socially useful purposes. It certifies that the social report has been drawn up in accordance with the guidelines set out in Article 14. The social report shall record the results of the monitoring carried out. The member of the auditing body may at any time carry out acts of inspection and control and, to this end, may ask the directors for information on the progress of the company's operations and on specific affairs.
Article 26 - AUDITING BODY
It is appointed in the cases provided for in Article 31 of Legislative Decree, 117/2017. It consists of an auditor registered in the relevant register.
Article 27 - THE ASSOCIATION'S PROPERTY
The economic resources of the Association may consist of:
- immovable and movable property; contributions from members, natural persons or legal entities, the State, public institutions, international organisations; disbursements, donations, legacies; reimbursements for conventions or contracts; income from the provision of contracted services;
- proceeds from the sale of goods and services to members and third parties, including through the performance of economic activities of a commercial, artisan or agricultural nature, carried out in an auxiliary and subsidiary manner and in any case aimed at achieving the institutional objectives; donations from members and third parties, also received through awareness campaigns and fundraising; income from promotional initiatives aimed at its support, such as parties and prize subscriptions;
- any other type of income allowed under Legislative Decree 117/2017.
Article 28 - PROPERTY
The Association's assets are: real estate, registered movable property and movable property. Real estate and registered movable property may be acquired by the Association and are in its name. Real estate, registered movable property as well as movable property located at the Association's premises are listed in the inventory that is deposited at the Association's headquarters and can be consulted by the members.
Article 29 - CONTRIBUTIONS
Members' contributions consist of the membership fee set by the Assembly. The membership fee is non-transferable and cannot be refunded.
The Board of Directors accepts extraordinary contributions from members and natural or legal entities.
The Board of Directors accepts contributions from the State, Public Bodies and Institutions, and International Bodies aimed at supporting specific activities or projects.
Article 30 - GIFTS, DONATIONS, BEQUESTS
Voluntary donations in money and gifts shall be accepted by the Board of Directors, which shall decide on their use in accordance with the statutory purposes of the Association. Bequests shall be accepted and inventoried by the Board of Directors, who shall also decide how they are to be used in accordance with the statutory purposes of the Association.
Article 31 - CONTRIBUTIONS FOR CONVENTIONS AND CONTRACTS
Revenues from activities dependent on agreements or contracts are accepted by the Board of Directors, which also decides how they are to be used. It is forbidden to distribute, even indirectly, profits or operating surpluses, howsoever called, as well as funds, reserves or capital during the life of the Association, unless the distribution or destination is imposed by law. In case of dissolution or termination of the Association, the assets owned after the liquidation will be devolved to associations with similar purposes or for purposes of public utility, unless otherwise required by law. The extinction of the association, must be communicated to the Single Register of the Third Sector in accordance with the law.
Article 32 - ASSOCIATION'S OBLIGATIONS
Obligations contracted by the Association are primarily the liability of the Association's assets, since the Association is not recognised and the law of property of "imperfect patrimonial autonomy" applies. Obligations contracted by the Association shall be primarily covered by the Association's assets, and subordinately by the persons who have acted in the name and on behalf of the Association.
Article 33 - FINANCIAL YEAR, BALANCE SHEET AND ACCOUNTING RECORDS
The financial year runs from 1st January to 31st December each year.
For each financial year, the administrative body prepares a balance sheet in accordance with the regulations in force. They shall be approved by the 30th of the fourth month following the end of the financial year and deposited at the single register of the third sector within the deadlines laid down by the regulations in force. They shall be drawn up in accordance with Articles 13 and 87 of Legislative Decree 117/2017 and the relevant implementing rules.
Article 34 - ANNUAL ACTIVITIES REPORT
In the cases provided for by the regulations in force, Annual activities report must be drawn up in accordance with the provisions of Article 14 of Legislative Decree 117/2017 and subsequent amendments, in the manner and within the time limits provided for by the regulations in force, transmitted to all members entitled to vote and filed with the single register of the third sector within the time limits provided for by the regulations in force
Both documents shall be made available to members entitled to vote within seven days from the date of approval.
Article 35 - ASSOCIATION BOOKKEEPING
The Association shall keep the association books required by current legislation. All members in good standing with the payment of membership fees have the right to examine the association's books; to this end, they can access the place where they are kept, on the days and at the times established by the Board of Directors. They may also obtain a copy of the resolutions adopted by making a request to the President of the Association, who will issue it within 10 working days of receiving the request.
Art. 36 - LEGAL AUDIT OF ACCOUNTS
In the cases provided for by current legislation, the Members' Assembly shall appoint a statutory auditor or a firm of auditors, entered in the appropriate register. This obligation does not apply if a member of the supervisory body referred to in Article 24 is a registered auditor.
Article 37 - OPERATING SURPLUS
The Association is prohibited from distributing, even indirectly, profits or operating surpluses howsoever denominated, as well as funds, reserves, capital during the life of the Association itself, pursuant to Article 8 paragraph 2 of Legislative Decree 117/2017, unless the destination or distribution is not imposed by law. The Association is obliged to use the assets, including any revenues, returns, proceeds, income, however denominated, to carry out the statutory activities for the exclusive pursuit of the intended purposes.
Article 38 - DISSOLUTION AND TRANSFER OF ASSETS
The dissolution of the Association shall only be decided by the Extraordinary Assembly in the manner set out in Article 13. In this case, the residual assets will be devolved, unless a different destination is imposed by law, to other Third Sector entities, in accordance with the provisions of Article 9 of Legislative Decree 117/2017.
Article 39 - DELIBERATION AND SIGNING OF CONVENTIONS AND CONTRACTS
Conventions and contracts between the Association and other Bodies are deliberated by the Executive Board. The convention is stipulated by the President of the Association, who also decides on the arrangements for its implementation. A copy of each convention is kept by the President at the Association's headquarters.
Article 40 - PAID STAFF
The social promotion association may use paid staff within the limits provided for in Article 33 of Legislative Decree 117/2017. The relations between the Association and paid staff are governed by law and by specific regulations of the organisation.
Art. 41 - ARBITRATION CLAUSE
Any controversy, which may be subject to an arbitration clause, that may arise between the members or between one or more of them and the Association, regarding the interpretation or execution of the Association contract and of the present statute, shall be referred to the jurisdiction of an Arbitration Board composed of three arbitrators, friendly referees, two of whom are appointed by each of the contending parties and the third by the two elected arbitrators or, in the event of disagreement, by the President of the Court of Piacenza. The arbitrators shall rule ex bono et aequo, without procedural formalities and with final decision within ninety days.
Article 42 - REGISTRATION IN THE SINGLE REGISTER OF THE THIRD SECTOR
The Association intends to enrol in the Single Register of the Third Sector referred to in Articles 45 et seq. of Legislative Decree 117/2017 and subsequent amendments, through its legal representative, providing the information referred to in Article 48 of the same decree, as well as its nature as a non-commercial entity for the purposes referred to in Article 83 of Legislative Decree 117/2017 and subsequent amendments. It also registers in the Single Register all changes to the information provided, within the terms provided for by the legislation in force. Once registered, the association shall compulsorily indicate in its acts, correspondence and communications to the public the details of the register. Pending the setting up of the Single Register, it will register in the existing registers.
Art. 43 - REFERENCES TO THE CIVIL CODE AND SECTORAL LEGISLATION
For whatever is not provided for in these Articles of Association, the provisions of Decree 117/2017 and subsequent amendments shall apply and, to the extent compatible, the provisions of the Civil Code and its provisions for implementation, as well as sector-specific regulations, shall apply. For all matters not provided for in these Articles of Association, the provisions of Decree 117/2017 and subsequent amendments, the Civil Code, the related implementing provisions and the specific sectoral legislation shall be decided by the General Assembly by an absolute majority of the participants.
Art. 44 - TRANSITIONAL RULES
All the obligations and formalities linked to the registration in the Single Register of the Third Sector are operative from the moment of its establishment. All obligations and obligations linked to the approval of a specific regulation are operative from the moment of its entry into force.
