Effective from 27.12.2019
Statutes
The "Associazione AGAPE" is an association established pursuant to Articles 60 et seq. of the Swiss Civil Code.
The association has its headquarters in Bioggio. It may be transferred by simple decision of the Board of Directors.
The association is non-partisan and non-denominational and is not for profit. Its duration is unlimited.
Promote and develop reception, care, and support services for children and adolescents within an educational, family, and community context.
Promote support for families and their specific needs in collaboration with existing institutional and/or private services in the area.
Support all matters related to the promotion of family and youth policies and training.
Promote and develop continuing professional development, as well as provide qualified and operationally qualified personnel to public or private entities that request them within the scope of the organization's mission.
Participate and/or collaborate with local associations and organizations pursuing similar or similar goals.
The following may join AGAPE as active members, with voting rights:
• natural persons who wish to promote the association's goals through active collaboration.
• natural persons who use the structure.
• legal, commercial, public utility, public interest, or public entities promoting the activity in the form of cooperation. The following
may also join AGAPE as passive members, with no voting rights but with the right to speak:
• natural and legal persons who support the association.
Applications for membership from new members must be submitted in writing to the Board of Directors, which has final decision-making authority. Upon admission, new members receive a copy of the bylaws.
Membership is acquired upon payment of the first membership fee. Membership
is lost:
• by voluntary resignation, which occurs by submitting a written resignation to the Board of Directors by the end of the calendar year, with thirty days' notice;
• by failure to pay membership dues, particularly the annual membership fee.
Upon termination of membership, membership lapses and the member loses all rights.
The Committee may expel a member if the member clearly and seriously violates the purposes of the Association or is in arrears with the payment of membership fees.
Each active member has the right to one vote.
Any form of representation is excluded. Legal entities exercise their right to vote through a member of their governing body, with individual signature power.
The association's main financial resource is the annual membership fee, established during the ordinary general meeting and paid annually by members, as well as any other funding decided by the committee.
Other resources include: voluntary contributions and donations from members and third parties; contributions and grants from public and parapublic entities; and revenues from initiatives promoted by the association itself and from consultancy services provided to municipalities.
The bodies of the association are:
1. the members' assembly
2. the committee
3. the audit body
The bodies of the association are:
- the shareholders' meeting
- the committee
- the audit body
The members' assembly is composed of all members who actually attend the meeting.
The assembly is the supreme body of the association and is convened at least once a year in an ordinary session and whenever the committee or at least one-fifth of the members request it, in an extraordinary session.
The notice must be given in writing, stating the agenda, place, and time of the meeting.
Resolutions are adopted by a simple majority of the members present, with the assembly always being validly constituted, regardless of the number of members present.
The assembly is responsible for:
• the appointment of the Chairman of the room and the scrutineers;
• the approval of the minutes of the previous meeting;
• the approval of the annual management reports and the approval of the annual accounts;
• the appointment of the committee and the auditors;
• the committee's discharge;
• the revision of the statutes;
• any other decision reserved to it by law or by the statutes.
The members' meeting is made up of all members who actually participate in the meeting.
The general meeting is the supreme body of the association and is convened at least once a year in an ordinary session and whenever the committee or at least one-fifth of the members request it, in an extraordinary session.
The meeting must be called in writing, specifying the agenda, place, and time of the meeting.
Resolutions are passed by a simple majority of the votes of the members present, with the meeting always being validly constituted, regardless of the number of members present.
The following are within the remit of the social assembly:
- the appointment of the Chairman of the Hall and the scrutineers;
- the approval of the minutes of the previous meeting;
- the approval of the annual management reports and the approval of the annual accounts;
- the appointment of the committee and the auditors;
- the committee's discharge;
- the revision of the statutes;
- any other decision reserved to it by law or by the statutes.
The Committee is composed of 3 to 7 members.
It appoints from among its members the President, the Vice-President, the Secretary and the Treasurer.
The Committee may also provide for the following positions within its members:
- responsible for educational lines
- activity manager
- research and development manager
- Administration / Finance and Logistics Manager
The Committee is appointed by the members' meeting for a three-year term. Each position is eligible for re-election.
The Committee is responsible for the proper functioning of the association and can delegate specific tasks to members or third parties.
The Committee organizes the activities of the social year in the most appropriate way, proposes the calendar, sets deadlines and communicates the date of the ordinary assembly.
It examines and evaluates proposals or complaints from members and takes appropriate action.
The Committee may validly deliberate only when at least half of its members are present. Decisions will be made by a simple majority of the votes cast by the members present. In the event of a tie, the President's vote counts double.
may be re-elected at any time.
The auditor does not need to be a member. His or her duty is to audit the association's accounting and financial situation, submitting a written report to the association, specifically requesting approval of the accounts and discharge of the board of directors.
Members have no personal rights to the association's assets. The accounting year runs from January 1st to December 31st.
These statutes formally entered into force with the decision of the ordinary general meeting of 27 December 2019 and replace the previous versions.
The revision of the statutes is the responsibility of the association's members' assembly and requires a qualified majority of two-thirds of the members present.
To be valid, this decision requires a two-thirds majority of the members present.
In the event of the association's dissolution, the Committee is empowered to proceed with its liquidation.
Any assets must be donated to charities pursuing the same purpose or to public benefit institutions with similar goals, which in turn benefit from tax exemptions. The decision on their destination must be made at the time of the association's dissolution.
