CHARTER - NS MAS ČR

CHARTER
of the National Network
of Local Action Groups of the Czech Republic, registered association
PART I
§1
Name, headquarters and region of interest
1. The National Network of Local Action Groups of the Czech Republic is an association of
organizationally independent legal entities – local action groups – whose activities are based on
community-based rural development – the Leader method for the benefit of rural areas in the
Czech Republic.
Name:
CZ: Národní síť Místních akčních skupin České republiky, z. s.
EN: National Network of Local Action Groups of the Czech Republic, registered association
(hereinafter as “NN LAG” or “association”)
2. The status of the NN LAG is that of an independent legal entity established for the purpose of
the assertion of common interests of the Local Action Groups (“LAG”) through an association in
the form of the National Network of LAG. Within the framework of its activity, the NN LAG shall
abide by this charter, internal standards, generally binding legal regulations of the Czech
Republic and, to the applicable extent, the principles announced by the European commission
for the activity of local action groups and community-based rural development.
3. The headquarters of the NN LAG are located at Hlavní 137, 788 33 Hanušovice.
4. NN LAG as a registered association has the status of the umbrella association. Organizational
units with the status of secondary associations are regional associations of the NN LAG
(hereinafter as “RA LAG”) established by local action groups within individual self-governing
regions of the Czech Republic.
5. NN LAG is registered in the registry of associations kept by the District Court in Ostrava, Section
L, File 7497.
6. Registration number: 28554272
§2
Mission of the association
The main mission of the NN LAG includes, but is not limited to, the following:
1. to associate Local Action Groups working in accordance with the basic criteria issued for the
activities of the LAG,
2. to promote cooperation with other stakeholders working in the field of rural development and
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for the benefit of local people,
3. to protect common interests of member LAG’s towards state authorities; to promote
transparent, equal and, in terms of administration, simple enforcement of procedural rules of
LAG and for the creation of conditions enabling the increasing influence and roles of the LAG in
the process of administration of subsidies from funds aimed at rural development,
4. to represent member LAG’s in negotiations on the national and international levels, in
knowledge dissemination and GP sharing processes,
5. to promote and increase awareness about the role of LAG in community-based rural
development and to organise seminars, trainings and instructions in this area for the sake of
increased effectiveness of the activities aimed at rural development,
6. to take part in the organisation of national and international conferences, exhibitions, tours,
competitions, fairs and social and cultural events whose aim is to promote the sustainability and
functioning of rural areas.
§3
Membership
1. Membership in the NN LAG is voluntary.
2. Members are admitted by the NN LAG Committee based on the member’s application.
Prospective members must attach to their application a copy of their Charter or Articles, plus an
excerpt from the Commercial Register or another document proving their legal status and scope
of activities. Reasons for rejection of an application may include the incompatibility between the
activities and goals with the mission of the NN LAG or the fact that the admission of the member
would harm the reputation of the NN LAG or cause similar harm. If an application is rejected, the
prospective member has the right of appeal to the General Meeting of the NN LAG whose ruling
is binding and final.
3. The admission of a new member is acknowledged by the NN LAG Committee by issuing a
registration certificate, once the new member has paid their member fee. The new member has
the right to join their respective RA.
4. Membership expires upon:
a) resignation – membership expires upon the day of delivery to the headquarters of the
association of the written letter of resignation of the respective member,
b) cancellation of membership due to non-payment of member fees in accordance with the
resolution of the NN LAG Committee expressing the cancellation of membership as at
31 December of the current year in which the member has failed to pay their fees, in spite of
proper warnings to that effect,
c) expulsion in accordance with a resolution of the General Meeting,
d) loss of legal personality.
5. A member can be expelled:
a) in the event of a material breach of the principles of coexistence which had negative effects
on the proper organisation of the association or which has degraded the activity, reputation or
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significance of the mission of the NN LAG,
b) if they breach or fail to fulfil obligations of members arising from the provisions of the
Charter, in spite of warnings to that effect by the competent body of the association, asking the
member to refrain from said actions,
c) if their actions caused significant material or other property damage to the NN LAG or its
organizational unit,
d) in the event of a final judgment carrying unsuspended sentence of imprisonment for a
premeditated criminal offense.
6. A member whose membership has expired has no right for the remuneration of their
member fees.
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§4
Rights and obligations of members
1. Members have the right to:
a) take part in the activities of the association and use their statutory bodies for this purpose,
b) vote and be elected to the association’s bodies,
c) cast their votes at meetings of statutory bodies and, therefore, make decisions regarding the
activities of the NN LAG,
d) apply to the association’s statutory bodies with motions, proposals and inquiries with the
right to be heard,
e) appeal to the NN LAG Control Commission in disputed issues.
2. Members are obliged to:
a) abide by the Charter of the association and other internal standards adopted by the
association and its individual organizational units,
b) act on the resolutions adopted in accordance with this Charter and other standards of
NN LAG bodies and its organizational units, and to fulfil contractual obligations assumed by
them,
c) participate actively in the activities of the association,
d) pay member fees when due,
e) refrain from any actions that could harm the interests and reputation of the NN LAG and its
organizational units; be mindful of other members’ rights, respect them and ensure peaceful
coexistence.
PART II
STRUCTURE AND STATUTORY BODIES OF THE ASSOCIATION
§5
Statutory bodies of the NN LAG
1. The following are the statutory bodies of the NN LAG:

NN LAG General Meeting (hereinafter as “General Meeting”)

NN LAG Committee (hereinafter as “Committee”)


NN LAG Control Commission (hereinafter as “Control Commission”)
NN LAG Working Groups (hereinafter as “Working Groups”) as professional advisory
bodies working for the NN LAG Committee
2. All statutory bodies of the association decide on a collective basis. The adoption of motions and
resolutions is subject to the majority of votes of members present, unless otherwise stated in
other provisions of this Charter. Resolutions of statutory bodies adopted within the framework
of the Charter are binding. The NN LAG Committee and the NN LAG Commission are elected by
the General Meeting. Working groups are appointed by the NN LAG Committee.
3. Statutory bodies of the NN LAG execute their authorities within the framework defined by the
Charter. To this end, they can adopt the necessary internal standards within the framework of
their authorities defined by the Charter. Meetings of the statutory bodies of the association are
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governed by the respective rules of procedure and regulations.
4. If necessary, the necessary number (for the last vote) of members of a statutory body of the NN
LAG can be achieved through cooptation. The new members of the statutory body may remain
as long as the cooperation is approved, at the nearest meeting, by the respective statutory body
which is authorised to elect the statutory body with its new members.
§6
NN LAG General Meeting
1. The General Meeting is the supreme statutory body of the association, with each member of the
association having one vote. The General Meeting comprises members of statutory bodies
representing individual legal entities or statutory bodies of members of the association who can
be represented at specific sessions of the General Meeting by virtue of a power of attorney.
2. The General Meeting meets at least once per calendar year. The General Meeting is convened by
the Committee. Furthermore, the Committee shall be obliged to convene the General Meeting if
asked in writing by at least one-third of members of the association who have approved the
agenda of the meeting. The Committee shall convene the General Meeting at least 21 days prior
to the scheduled date. Invitations sent in a regular manner to all members must state the venue,
date and time and proposed agenda of the meeting. Documentation for each item of the agenda
must be made available at least seven days prior to the scheduled date of the General Meeting.
Furthermore, the Control Commission of the association may request that the General Meeting
be convened.
3. The General Meeting has a quorum if more than 50% representatives of members of the
association with the right to vote are present. The adoption of any resolution requires the
approval by two-thirds of members present.
4. If the General Meeting does not have a quorum within 20 minutes of the scheduled beginning of
the meeting, it shall be adjourned. The Committee shall convene a new General Meeting with
the same agenda within 40 minutes of the scheduled date and time of the General Meeting. The
alternate General Meeting may adopt resolutions via a majority vote of any number of members
present. The alternate General Meeting may only decide on issues on the agenda of the previous
regular General Meeting.
5. The General Meeting decides on all matters of the association, including but not limited to:
a) approvals, changes and amendments to the NN LAG Charter (with the exception of
extraordinary General Meeting),
b) approvals of the scope of activities of the association for the upcoming period, and the annual
budget of the association,
c) negotiations and approval of trading income in accordance with the budget, and changes
thereof, financial statements, annual report and report of the Control Commission on the annual
trading income,
d) negotiations and approval of the report of the Committee on the activities and other tasks of
the association,
e) negotiations regarding the proposals of the Committee and motions, comments and proposals
submitted by members,
f) approval of members of the Committee elected by RA LAG and their alternates
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g) election, for a two-year period, of members of the Control Commission from amongst
candidates nominated by RA LAG,
h) election, for a two-year period, of the Chairperson of the NN LAG and usually two Deputy
Chairpersons from amongst the persons already elected members of the Committee,
i) determination of the amount of regular and extraordinary member fees and due dates for the
upcoming year,
j) decisions regarding expulsions of members subject to the provisions of Section 3 Clause 5 of
this Charter,
k) final approval or rejection of appeals filed by prospective members,
l) decisions regarding recalls of members and alternate members of the Committee and Control
Commission during any session of the General Meeting,
m) decisions regarding dissolution or division of the association, including the management of
the liquidation balance,
n) decisions regarding the disposal (acceptance or alienation) of assets of the association whose
value exceeds CZK 500,000. The election of member or alternate member of the Committee on
the part of the RA LAG and nomination of a member for the position of the Chairperson and/or
Deputy Chairperson for RA LAG, or the nomination of a candidate for the position of a member
of the Control Commission, must take place at a General Meeting of the RA LAG taking place at
least 3 months prior to the General Meeting of the association; at least two members of the
current Committee are invited to this meeting of the RA LAG.
6. Minutes of the General Meeting are drawn up and published on the website of the association
within 15 days of the session of the General Meeting.
§7
NN LAG Committee
1. The Committee is a statutory body of the association. It has thirteen members, including the
Chairperson and Deputy Chairpersons. It comprises representatives of RA LAG elected in
accordance with Section 6 Clause 6 of this Charter. The Chairperson and Deputy Chairpersons
are members of the Committee. The Committee ensures activities of the association in
accordance with the resolutions of the General Meeting and in accordance with this Charter. It
manages financial resources in accordance with the approved budget, subject to the applicable
generally binding legal regulations. With regard to its activities, the Committee answers to the
General Meeting.
2. The Committee meets as necessary, at least four times a year. The meetings are convened by the
Chairperson or a Deputy Chairperson authorised by the Chairperson at least 14 days prior to the
scheduled date. Invitations sent in a regular manner to all members of the Committee or their
alternates must state the venue, date and time and proposed agenda of the meeting.
3. The Committee has a quorum if more than 50% of its members are present. A resolution is valid
if at least seven votes have been cast.
4. In particular, the Committee:
a) manages the activities of the association between two consecutive sessions of the General
Meeting and ensures the fulfilment of the tasks of the association; to this end, it can issue
organisational standards or other regulations necessary for the internal activities of the
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association,
b) defends, protects and promotes the interests of local action groups in relation to state
authorities,
c) prepares draft activity plan and budget plan,
d) submits the annual report to the General Meeting,
e) registers RA LAG and issues sample Charter of the RA LAG,
f) establishes working groups and expert commissions as necessary and appoints their members
and heads,
g) ensures professional education of members and bodies of the association,
h) approves contracts, statements and agreements regarding the realisation of communitybased rural development (LEADER method),
i) admits new members of the association and makes decisions regarding the effective date
termination of membership of delinquent members.
5. Urgent matters within the authority of the Committee are handled, between two consecutive
meetings, by the Chairperson, Deputy Chairpersons or an authorised member. These
measures must be referred to the Committee for approval at the nearest official meeting.
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§8
Chairperson and Deputy Chairpersons of the NN LAG Committee
1. The Chairperson of the Committee manages and organises the activities of the association
between two consecutive General Meetings and meetings of the Committee itself. In the event
of absence of the Chairperson he or she is substituted by one of the Deputy Chairpersons. They
inform the Committee and the membership of the association about their activities on a regular
basis.
2. The Chairperson represents the association in public; said representation is governed by the
previous clause. When signing documents on behalf of the NN LAG, the Chairperson (or, in the
absence of the Chairperson, one of the Deputy Chairpersons authorised by the Chairperson or
the Committee) shall provide the signature next to the printed name of the NN LAG.
3. The Chairperson of the Committee is responsible for the operation of the office of the NN LAG.
§9
NN LAG Control Commission
1. The Control Commission carries out inspections of the financial management and activities of
the association as necessary, in any event at least once a year. It also deals with disputable
issues submitted by members within the meaning of the provisions of this Charter. The
Commission submits to the General Meeting its statement regarding the trading income of the
association for the previous period, including proposals for financial measures. The Commission
is entitled and obliged to inform the Committee and the General Meeting about discrepancies
found in the activities of the association and request that corrective measures be adopted.
2. The Control Commission submits to the association its written statement on the annual report
before the annual report is finally approved by the General Meeting.
3. The Commission may request that the General Meeting be convened if a breach of the Charter is
found to have occurred.
4. The Control Commission has five elected members, unless the General Meeting decides
otherwise during the election. Should more candidates receive votes in the election, the
candidates who have placed sixth and seventh shall become alternates (in case the number of
members of the Commission drops below the minimum number during the term). Members of
the Commission cannot be, at the same time, members of the Committee or employees of the
Office of the NN LAG.
5. Members of the Commission elect their Chairperson (or Deputy Chairperson, as the case may
be) from amongst their members. The Chairperson (or Deputy Chairperson) may attend
meetings of the Committee where they have a consultative vote.
6. The Control Commission meets as necessary, in any event at least twice a year. The Commission
has a quorum if more than 50% members are present. Resolutions are adopted according to the
majority vote principle.
7. All members of the Commission as well as the staff or personnel of the NN LAG CR are obliged to
cooperate with the Control Commission as necessary in the execution of its duties.
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§ 10
Office of the NN LAG
1. The Committee establishes the office of the NN LAG whose role is to ensure the administrative
and technical activities of the NN LAG. The head of the office is the secretary.
2. The activities of the office of the NN LAG are ensured by NN LAG employees, members of the
Committee or volunteers.
3. The Office is in charge of asset management and records and ensures regular member fee
collection.
PART III
REGIONAL ASSOCIATIONS OF THE NN LAG AS SECONDARY ASSOCIATIONS
§ 11
Regional associations of the NN LAG
1. Regional associations (RA LAG) can be established in self-governing regions of the Czech
Republic if approved by more than 50% of the LAG, members of the NN LAG CR in the respective
region and a request for the registration of the RA LAG is submitted to the NN LAG Committee
with minutes of the meeting on the foundation of the RA LAG, with a list of attendees. If the RA
LAG requests the granting of legal personality, it also must submit for approval a draft of its own
Charter prepared in accordance with the template prepared by the Committee (Section 7 Clause
3 of this Charter). In other cases the RA LAG shall approve the statute and the code of procedure
and it shall submit to the general provisions of this Charter.
2. RA LAG may, based on a decision of its members, request the granting of legal personality for its
RA LAG as a secondary association. The granting of legal personality is contained in a registration
certificate which also contains the registered seat, territorial authority and date of registration.
The registration certificate is issued by the NN LAG Committee which also files a motion for the
entry of the secondary association into the respective public registry.
3. RA LAGs are entitled to have rights and obligations and acquire them in the full extent on their
own behalf.
4. Regional associations are governed by the same principles as the NN LAG (see PART I of this
Charter).
5. Regional associations elect their Chairpersons, Deputy Chairperson (s) and members of RA LAG
Control Commission. In the event of resignation of an elected member or expiry of term of office
in his or her LAG, temporary cooptation is acceptable, usually per request of the LAG which was
represented by the elected member, until the nearest General Meeting where a new member
will be elected. RA LAG shall also nominate their representatives to the Working groups of the
NN LAG.
6. The number of Deputy Chairpersons, members of the Control Commission and the course of
action of these bodies shall be determined by the General Meeting of the RA LAG in the Articles
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drawn up in accordance with a template issued by the NN LAG CR Committee or its Statutes.
7. A RA LAG is represented by its Chairperson who is the statutory body of the RA LAG. In the
absence of the Chairperson he or she is substituted by a Deputy Chairperson or other duly
delegated persons.
8. The obligations of RA LAG towards the NN LAG include the following:
- monitoring and control, on a regular basis, of activities of LAG in the respective region,
- dissemination of information to members regarding the activities of the NN LAG and
provision of information to the NN LAG about the activities in the respective region,
- appointment of a member and alternate member of the NN LAG Committee,
- respecting recommendations of the Control Commission,
- guaranteed participation of nominated representatives of RA LAG at meetings of Working
Group
9. A RA LAG is dissolved if the resolution to do so is adopted by the General Meeting of the RA LAG
or if this dissolution is requested by more than 50% of the LAG of the respective region and it is
approved by the Committee. A liquidator is appointed in the event of dissolution. The motion for
the entry of the entering into liquidation of a RA LAG shall be entered into the registry of the
association by the RA LAG. The liquidation balance of the RA LAG shall be transferred to the
NN LAG CR.
PART IV
PROPERTY AND FINANCIAL MANAGEMENT OF ASSOCIATION
§ 12
Principles of financial management of the NN LAG
1. NN LAG CR and its regional associations manage their assets in accordance with generally
binding legal regulations and rules independently, within the framework of each association’s
legal personality; they keep accounting or tax records of these assets, as well as other
documentation. They can transfer assets between each other and dispose of these assets within
the scope of their respective ownership rights.
2. Assets comprise tangible and intangible assets, funds, cash, receivables and other property
rights. The association’s property, including monetary and other proceeds, can be used only for
the principal purposes of the association.
3. Sources of assets include, but are not limited to, the following:
a) tangible assets and property rights,
b) ordinary and extraordinary member fees,
c) proceeds from activities organised in accordance with the mission of the association,
d) donations, subsidies or other contributions from regional governments and other entities,
e) proceeds from the association’s activities, capital contributions and interests.
4. The NN LAG Committee is responsible for the financial management of the association and for a
third-party audit of this financial management.
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5. The NN LAG as the umbrella association is not responsible for debts of any RA LAG as a
secondary association.
§ 13
Dissolution, liquidation and termination of the NN LAG
1. NN LAG is dissolved via a resolution of the General Meeting or in accordance with a court
resolution due to reasons stipulated by the provisions of Section 270 of the Civil Code.
2. A decision on the dissolution of all RA LAG shall be made simultaneously with the resolution on
the dissolution of the NN LAG as such.
3. Along with the decision on the dissolution of the NN LAG, the General Meeting of the NN LAG
shall appoint a liquidator of the NN LAG and liquidators of individual RA LAG. Decisions on the
dissolution of regional associations can also be made separately, in accordance with Section 11
Clause 9.
4. The liquidator shall draw up a list of assets of the association. The list shall be made available in
the headquarters of the association. The liquidator shall inform members about the publication
of the list. If asked to do so by a member, the liquidator shall provide to the member a copy of
the list (subject to the reimbursement of expenses incurred with the making of the copy). A
similar process shall apply to the liquidation of a RA LAG.
5. Other actions of the liquidator shall be governed by the provisions of Section 187 et seq. of the
Civil Code.
6. The liquidation balance of the NN LAG shall be transferred to another entity that is concerned
with activities similar to those of the NN LAG, in accordance with the resolution of the General
Meeting.
7. The NN LAG shall cease to exist upon deletion from the registry of association.
PART V
COMMON AND FINAL PROVISIONS
§ 14
Final provisions
1. This Charter of the NN LAG shall become valid once approved by the General Meeting of the NN
LAG on 13 March 2014.
2. This Charter shall fully replace the Charter registered by the Ministry of the Interior of the Czech
Republic on 12 April 2007 under reference number VS 1/1-67265/07-R, within the meaning of
the provisions of the amendment acknowledged by the Ministry of the Interior of the Czech
Republic on 23 March 2009.
Týnec nad Sázavou, 13 March 2014
Ing. František Winter
Chairperson, NN LAG
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