THAI ASSOCIATION OF MALTA (TAM)

Transcription

1 THAI ASSOCIATION OF MALTA (TAM) STATUTE 2009 Article 1:

2 Name, Legal, Form, Seat, Duration 1. The name of the Association is THAI ASSOCIATION OF MALTA(TAM) in English. Its registration was effected under the Laws of Malta. 2. The Office is located at Havana Flat 4A, St. George Road, Paceville, Malta. 3. The Thai Association of Malta was established in Malta in two thousand and nine (2009) by Nattapat Nopsomboon. 4. The Thai Association of Malta is constituted for an indefinite period of time. 5. The Thai Association of Malta is a non-profit organization. 6. The Thai Association of Malta is a Voluntary and Autonomous organization. 7. The Thai Association of Malta (hereinafter called Association ) defines and implements its programme according to its stated mission, goals and functions and within the framework of the budget adopted by its Board of Administration. Article 2: Mission 1. To establish the Office of the Thai Association of Malta 2. To organize public relations and social events related to social, historical and cultural heritage and traditions of Thailand. 3. To provide guidance and assistance to all Thais and their families who are living in Malta to meet their basic needs and requirements and obligations set forth by the Laws of Malta. Article 3: Goals 1. The Thai Association of Malta is established to be a Center of Communications and Consultation for the Thai people and their families in Malta. 2. To promote the social, historical and cultural heritage and traditions of Thailand. 3. To assist all Thais and their families in Malta when needed in consultation with the General Consul of Thailand for Malta, the Royal Thai Embassy in Athens, Greece and the Ministry of Foreign Affairs of Malta. Article 4: Functions The Thai Association of Malta pursues its mission and achieves its Goals through:

3 1. Meeting a. Annual General Meeting of Thais and members; b. Special meetings. 2. Social events a. To organize specific social events related to historical, cultural heritage and traditions which promote friendships among Thais and foreign members. 3. To cooperate with other associations and organizations in building up mutual relationships and cultural diversity among them. 4. To coordinate with the Thai General Consul, the Royal Thai Embassy in Athens, Greece, the Ministry of Foreign Affairs of Malta and other relevant organizations. 5. Promotion and communication a. To develope interactive website and other forms of communication. b. To distribute promotional material publicizing the aims and activities of the Association in all sections of the media. c. To publish the annual report. 6. The organization of fund raising activities pursuant to the association s mission. Article 5: Membership 1. Membership in the Association shall be opened to all Thais and foreigners who will strive forward to achieve the Association s goals and mission. Membership will take effect from the date when the annual membership fee¹ is paid and the notification is accepted by the Board of Administration of the Thai Association of Malta. The notification for membership shall include a statement indicating acceptance of the Statutes of the Association. 2. Membership implies the following rights and obligations. a. Signing of agreement with the Secretarial of the Association; b. Compliance with the Statutes of the Association; c. Collaboration with and support for the programmes of work of the Association; d. Participation in the annual general meeting, social events and activities of the Association; e. Participation in the meetings of the Board of Association upon invitation; f. Any other responsibilities the Board of Association may decide. ¹The annual membership fee dues payable to the Association by each member shall be twenty five Euros. The Annual dues will be payable and submitted in full with the application for the membership. Annual dues all shall due and payable on the first day of January each year. If a member joins after July 31 st of the year, then his dues until December 31 st that year shall be twelve Euros and fifty cents. All members who join before July 31 st shall be assessed a full year s dues of twenty five Euros. 3. The Director may suspend the membership of Thais and other foreign persons subject to the death of a member, the failure of a member to pay fees on due date, and for cause

4 inconsistent with the best interests of the Association. An expelled member has the right to appeal to the board, membership can be resumed upon the unanimous vote of the board. A terminated or expelled member shall have no right to the assets or property of the Association. A terminated or expelled member shall have no right to the assets or property of the Association. 4. Any member can withdraw from the Association by providing a written notice to the Director. Article 6: Institutional Structure The Association shall consist of the Board of Administration, the Secretariat and the members. Article 7: Board of Administration The Board of Administration (hereinafter the Board ) is the decision making organ of the Thai Association of Malta and shall perform the functions specified under sub Articles 2 of the present Article. 1. Composition a. The Board shall be composed of up to 15 members including the President, Vice President, and Treasurer, selected on the basis of their expertise and their experiences and contribution to the development of the Association. The members serve in a personal capacity. b. The Secretariat of the Association shall be a Member of the Board, c. Members of the Board shall be appointed by at least two-thirds of the vote cast at a Board meeting at which at least three-fourths of the Board Members are present, either by person or by proxy. d. The mandate of the Members of the Board shall commence at the end of the Board meeting during which they have been elected and expire in three years. Member of the Board may be re-elected for one successive term of three years. The mandate shall be terminated at the end of the term(s) of service, or in the event of written notice of withdrawal from a Board Member. e. The President shall legally represent the Association and take necessary follow-up steps to the decisions of the Board of Administration, to preside over the sessions of

5 the Board, to guide and coordinate the activities of the Association, to issue directives to the Director with respect to the fulfillment of his/her duties. f. The Director and Deputy Director are ex-officio Member of the Board of Administration without a right to vote. In the absence of the Director and the Deputy Director, the Board may designate a Board Member to serve in the official capacity of Acting Secretary. g. The Board may invite other members of the Association to the Board meetings with observer status. h. Legal representation of the Association was vest in the Board and/or the Secretary of the Board. 2. Functions In accordance with Articles 2, 3 and 4 of the Statutes, the Board of Administration shall: a. Establish general policy, the main lines of work of the Association, and shall approve the Annual draft programmes and budget of the Association. b. Approve the Association s Rule and Procedures. c. Elect from its own members its President, Vice President and a Treasurer. d. Establish and maintain a fund or funds, and receive and administer the revenue of the Association. 3. General Rule and Procedures a. The Board of Administration shall meet once a year. Extraordinary sessions may be convened if so decided by the President in consultation with the Director, or at the request of at least one third of the members of the Board, under conditions specified in the Rule of Procedure. b. The Vice President shall preside at a meeting when the President is unable to attend. c. The meeting of the Board shall be convened by the Board Secretary by means of invitation letter to the address of the Board Members at least fifteen working days prior to the date of the meeting. d. The Provisional Agenda² of the meeting should be annotated and with the provisional list of documents shall be sent by the Board Secretary to the Board Members at least one week prior to the date of meeting. ²The provisional agenda shall normally include a. approval of the agenda; b. reports of the President and the Director with the review of previous decisions of the Board; c. review of the Association s programmes; d. long term planning, financial report by Director and the proposed budget for the next two years; e. cooperation with other organizations; f. general legal, financial and administrative matters; g. items submitted by the Board Members; h. Election of its President and Vice President: i. Election of Members of the Board; j. Appointment of the Director.

6 e. Reports of each session should be kept at the Secretariat. They shall include results of discussions, resolutions, list of participants and all necessary annexes. The Board will review the draft session s decision at the end of the session. They shall then be adopted by the President and the Board Secretary not later than one month after the Closure of the session. f. Resolutions may be prepared, discussed and adapted without a meeting provided the votes are cast in writing-including by fax or by all those entitled to the right to vote. g. Any Board Member may be represented by proxy and in accordance with the Rule of Procedures at any meeting of the Board by another Member of the Board. A Member of the Board may only represent one other member. A Member of the Board may not be represented by someone who is not a Member of the Board. h. When the result of a vote on a particular issue is equally divided, the president has the right to cast a vote which will resolve in favour or against the issue. i. The Director, or in his/her absence the Deputy Director shall serve as the Secretary of the Board. Article 8: The Secretariat 1. The Secretariat of the Association shall consist of the Director, the Deputy Director and other staff remunerated by the Association as recommended by the Board for carrying out the association s activities. 2. The Director is appointed by the President of the Board following the decision of the Board for a fixed term subject to renewal. The Deputy Director is appointed by the Director in consultation with the President for a fixed term subject to renewal. 3. The Director is the Chief Executive Officer of the Association for the implementation of the policies and decisions of the Board and reports to the President and the Board. 4. The Deputy Director will assist the Director in implementing his/her duties in the development implementation and coordination of the Association s activities. 5. The Deputy Director will report to the Director on the progress of implementing his/her functions. Article 9: Financial year and reporting 1. The financial year of the Association runs from the first January up to and including the thirty first December of each year. 2. The Association is to keep comprehensive financial records which ensure that transactions are accurately recorded. The income and expenditure report and financial statement is to be accounted by latest 31st January of the following year.

7 3. By June 30 th the external auditors nominated by the Board shall finalize the auditor s report of the previous year which consists of income and expenditure account of the Association and of an explanatory statement. 4. The independent auditor or in his/her absence the Director shall present the auditor s report for consideration and approval of the Boards. 5. The Secretariat is obliged to keep the documentation referred to in the article for a ten-year period of time. 6. Annual work plans and budgets shall be compiled by the Secretariat. 7. The Director shall provide the Treasurer with quarterly reports on the implementation of the budget and on the progress in fund raising. 8. The Treasurer shall assist the Secretariat in fund raising and provide advice on financial policy and to synergy with the strategies of the Association activities. Article 10: Amendment 1. The Board may amend the present Statues. Amendments of this Statue shall enter into force on the date of its adoption by the Board of Administration. 2. Proposals for the amendments shall be presented to the Members of the Board not less than 30 working days before they are called upon to decide on them. Resolutions to amend will be validly adopted with at least a two-thirds of the majority vote of the members of the Board of Administration. Article 11: Dissolution and liquidation 1. The Board is authorized to take the decision to dissolve the Association. 2. With regards to a decision to dissolve the Association the provisions of Article eleven (11) shall apply accordingly. 3. The Members of the Board of the Association can in no way be held liable for errors and omissions or acts of negligence committed by the Association and their employees. 4. After the decision of the dissolution of the Association, its assets, both movable and immovable, shall be liquidated by the Board of Administration and, to the extent possible, all obligations of debt shall be met. 5. After the decision of the dissolution, the Association continues to exist in so far as such is necessary for the liquidation of its affairs. 6. During the liquidation, the provisions of the Statue shall remain in force as far as possible. 7. After the debts have been paid, the Board of Administration shall determine the allocation to the remaining assets of the Association by the donation of its assets to a non profit/purpose organization with similar purpose.

8 Article 12: Final Provision 1. The provisions of the Statue are laid down in the Thai and in the English language. 2. The Statue in the English language is laid down in a signed annex to be affixed to the deed. 3. Should there be a discrepancy between the Thai and the English version of the Statue, it is the English version will prevail. 4. The present Statues has in the Thai and in the English language been adopted by the first (1 st )meeting of the Board of Administration, held in Paceville, Flat 4A, 1st Floor, Havana Building, St. George Road, Malta on the fifteenth (15 th ) of January two thousand and nine (2009).