CONSTITUTION

governed by articles 21 to 79 -III of the Local Civil Code maintained in force in the Upper Rhine where the present Association sits.

 

ARTICLE 1 - NAME

 

Among all the people who adhere to the present statutes, it is formed an association denominated Association of Aikido Handi-Valide and Associated Disciplines. It may be designated by the acronym: AAHVDA.

 

This association is governed by articles 21 to 79-III of the Local Civil Code maintained in force in the departments of Bas-Rhin, Haut-Rhin and Moselle, as well as by the present statutes.

 

The association may set up local branches outside the departments of Bas-Rhin, Haut-Rhin and Moselle. The accounts and the management of these antennas will be ensured by the treasurer of the association.

 

By vote at the General Meeting of June 26, 2017, it was decided that the head office of the association is fixed at Colmar, at Mrs. Chambenoit, President and Founding Member of the Association, at:

10, rue Aristide Briand 68000 Colmar

 

It may be transferred at any time on the proposal of the Board of Directors and ratification of the General Meeting. It will therefore appear in the rules of procedure.

 

The Association is registered in the register of associations of the Court of Colmar.

 

ARTICLE 2 - PURPOSE - MEANS OF ACTION

 

The aim of this Association is the promotion and development of Aikido "Handi-Valide" and the application of its principle in other martial arts, in France and abroad.

 

"Handi-Valide" is defined as the inclusion of the public of people with disabilities among people who are physically active.

 

ARTICLE 3 - MEANS OF ACTION

 

The Association may:

organize event awareness events, conferences or seminars, participate in events for which its know-how or presence will be solicited (in France or abroad);

provide advice and assistance to natural or legal persons, whether or not they carry a project, requesting the Association's assistance in relation to the objectives of the AAHVDA;

develop, hold intellectual property and disseminate educational tools adapted to the various handicaps related to the practice of a Martial Art, such as publishing and sale of publications, books, audio and videograms;

participate in humanitarian action projects aimed at helping people with disabilities;

animate a website and develop its communication through the various media and social networks.

and any other actions to strengthen the purpose of the association.

The means listed above are indicative and not limiting.

 

ARTICLE 4 - DURATION

 

The association is constituted for an unlimited duration.

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ARTICLE 5 - RESOURCES

 

The resources of the association are constituted by

- membership fees

- subsidies from public or private bodies

- the proceeds of events organized by the Association

- donations and legacies

- the income of the property and values of the Association

- all resources that are not prohibited by the laws and regulations in force

 

Article 6 - MEMBERS

 

May become a member any natural or legal person interested in the object of the association.

Each member undertakes to respect the present statutes and the rules of procedure.

 

The association consists of:

at. Founders

 

Founding Members, members for life, are the members who participated in the constitution of the Association, and are named below and identified as such in the minutes of the Constitutive General Assembly. They retain for life the rights to sit, veto, reserve and vote three votes for one per member at Ordinary and Extraordinary General Meetings, as well as the Board of Directors, except at the Exclusion Board where members vote at parity of a voice. They hold and ensure for life the right of leader, of representation of the Association in all the acts of the civil life, as well as with all the regional, departmental, national or international instances of which the association belongs or depends, and this remains subject to the provisions of Article 8.

 

These members are:

- Magali Chambenoit-Levy, born on 27/11/1981 in Colmar (68),

- Fabien Barjon, born on 30/11/1978, in Draguignan (83),

- Laure Barjon, born on 10/09/1977, in Draguignan (83),

- Muriel Melun, born on 31/10/1967, in Carcassonne (11),

- Pascal Mâchin, born 19/06/1967, in Hyères (83),

- Sylvain Chambenoit, born on 05/02/1983, in Lillebonne (76),

- Eric Jeanleboeuf, born on 10/07/1960, in Nimes (30),

- Philippe Bury, born on 30/12/1956, in Colmar (68).

 

b. Honorary Members

 

Any natural person who is a member or not having distinguished himself by having particularly worked for the good of the Association and elected to this distinction by the Board of Directors.

 

c. Honorary Members

 

Any non-adherent physical or legal person (public or private) having rendered outstanding services to the Association or in one of the fields covered by the objectives of the Association, and elected by the Board of Directors .

 

d. Associate Members

 

Any legal person or any natural person who is a local representative of a legal person who, without having a purpose proper to the same purpose as the AAHVDA, contributes to its development by its own actions

 

e. Benefactor Members

 

Distinction on the proposal of the Board of Directors, any natural or legal person who is an Active Member who pays a higher than required contribution, or who has paid the required minimum contribution, actively works in voluntary contributions in kind by contributions to work, in services, in goods.

 

f. Donor Members

 

Any natural or legal person who donates a value at least equivalent to the required entrance fee.

 

g. Active and Volunteer Members

 

Any natural or legal person who is personally involved in the activities of the Association being the bearer or taking part in the realization of projects.

 

h. User Members

 

Any natural or legal person who has paid the minimum annual subscription required for his status.

 

i. Member of law

 

Any natural or legal person that the Association agrees to accept as a member of society by dispensing with the procedure of admission imposed on other categories of members.

 

j. Members for life

 

Any natural person receiving the status of Associate of the Association throughout his / her life, exempt from membership fees, but still subject to Article 8.

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ARTICLE 7 - ACCESSION PROCEDURE

 

The Founding Members hold and reserve the right to nominate, collegially by agreement or sponsorship, any natural or legal person proposed in accordance with paragraph i. and j. of Article 6 above, as an ex officio member or life member of the Association, and admitted as such to sit.

This right of appointment, individual and inalienable, is transferable in the event of resignation by the sole decision of the founding member holding the right, to the person of his choice, or in case of exclusion or death of the founding member by unanimous decision of the college from founders to the most meritorious person within the Association.

 

The conditions of admission to the Association for members are laid down in Articles 1.1 to 1.3 of the Internal Regulations.

 

The amounts of membership fees and entrance fees relating to the various statutes and distinctions of members are set in Article 4 of the Rules of Procedure.

The payment of membership fees and membership fees, in addition to the one submitting the registration of the latter, is due for the fiscal year to come at the end of the Annual General Meeting ending the current financial year. 

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ARTICLE 8 - LOSS OF MEMBER QUALITY

 

Membership is lost by:

 

at. Resignation:

 

It must be sent to the Chairman of the Board of Directors by registered letter. It does not have to be motivated by the resigning member.

 

b. Radiation:

 

For non-payment of the contribution of the coming financial year at the end of the Annual General Meeting, intervening within one month after a second reminder to contribution by mail or electronic mail remaining unanswered. This cancellation is worth a definitive exclusion from the Association.

 

c. Exclusion:

 

It is proposed for debate by the Board of Directors, by the Board of Directors or at the request of the College of Founding Members, for serious reasons.

 

In particular, serious grounds are deemed to be:

- a criminal conviction for felony and misdemeanor;

- any action or behavior likely to directly or indirectly prejudice the activities of the Association, its image or its reputation.

 

The procedure for exclusion is served on the person concerned by Registered Letter A.R.

 

The decision to exclude is adopted or rejected after examination by the Board of Directors meeting in an Extraordinary Assembly constituting a Board of Exclusion, and ruling by a majority of the votes cast (any sitting present or represented having only a voice equal to the other members of the Board).

 

In any case, the interested party is able to present his defense, in writing or in person, assisted or not by a third party of his choice, before the Council prior to the exclusion decision.

 

The exclusion pronounced, it is notified to the interested party by Registered Letter A.R. and is irrevocable.

 

d. Death:

 

Heirs or legatees may be eligible for membership in the Association.

 

ARTICLE 9 - GENERAL ASSEMBLY

 

Registered seat of any member of society up to date of his contribution or entrance fee, at least 16 years old on the day of the Assembly. Headquarters any natural or legal person, non member, invited by the Board of Directors of the Association.

 

 

He is distinguished:

 

- The Ordinary General Assembly

It is convened by the President, or according to a schedule of meetings established by the Board of Directors according to the needs and the volume of activities of the Association. This timetable is the subject of an appendix to rule 5 of the rules of procedure.

 

- The Annual General Meeting

It may be confused for the current financial year with a single Ordinary General Meeting, and will be convened every year during the second half of October, closing the financial year and the annual accounting year of the Association. .

 

The sitting member with the capacity to vote must be of age and have belonged to the Association for more than six months. He can be represented.

 

at. convocation

 

The procedures for sending to the members of the convening notices containing the agenda of the meeting, and the establishment of proxies for representation and vote, as well as the modalities of requests for modifications to the agenda, are fixed by the articles 5.1, 5.4 and 5.5 of the rules of procedure. The conditions of access to the documents necessary for the information of the Member (annexes to the Internal Regulations, various documentation, profit and loss accounts, etc.) are defined in article 5.1 of the same regulations.

 

b. Voting procedure and condition

 

To be admitted as a voting representative, the member must have two years of seniority in the Association, hold the right to vote and can not hold more than two terms.

 

The right to vote and the number of votes for each category of member is set in Articles 1.4; 3; 6 and 7 of the rules of procedure.

All votes cast by a member shall be sent to the proxy by the power of attorney established. Any member can not accumulate the number of votes allocated to his status and his various functions in the association. Only the use of the largest number of votes is granted. The votes are made by the expression of the votes of the members present and represented. All deliberations are adopted by an absolute majority.

 

For the opening of the meeting of the Meeting and to be able to deliberate validly, a quorum of 33% of the votes cast by all registered members with voting rights must be attained.

In the framework of an Ordinary General Assembly, if the quorum is not met, and on the decision of the chairman of the meeting, the meeting can be adjourned or canceled, for lack of a sufficient number of votes to validate the votes which makes the AGO can not be a decision maker.

In the context of the Annual General Meeting closing the financial year and the annual accounting year, in case of quorum not reached, a second meeting will be held in the following month and may validly deliberate regardless of the number of votes to be cast. members present or represented.

 

All deliberations are taken by a show of hands, except at the request of the Board of Directors or by a quorum of 25% of the votes to be cast present and represented.

 

The secret ballot is mandatory when voting on people.

 

The secret ballot procedure must be established after the opening of the session and before any deliberations. Abstentions are not included in the calculation of the majority.

 

In case of geographical distance, the votes by email are authorized according to the modalities fixed by the rules of procedure in article 5.4.

 

Any member who is present at the seat of the General Assembly or by videoconference is considered a "voting member present".

Any member whose power of attorney or power given, or voting by email, has been validated at the opening of the meeting by the secretary of the meeting shall be deemed to be a "represented voting member". The procedures for the validation of the represented votes are set out in Rule 5.4 of the Rules of Procedure.

 

c. Organization

 

The agenda, set by the Board of Directors for the sending of notices to the General Meeting, is modified by it, if necessary, after examination of the specific requests made by the members to its modification. The modalities of requests for modifications to the Agenda of a General Assembly are defined by Article 5.1 of the Rules of Procedure.

 

For the Annual General Meeting, the agenda must include a moral report, a report of activities; a financial statement; various questions; and if applicable, the renewal of the members of the Board of Directors.

 

The Bureau of the General Assembly is that of the Board of Directors

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For the Annual General Meeting, the Chairman, assisted by the members of the Board of Directors, presides over the Assembly and explains the situation by reading the report on the moral situation and the report of activities of the Association. For any other Ordinary General Meeting, a member of the Board of Directors may be delegated and assume the presidency of the meeting. For the Annual General Meeting, the Treasurer reports on his management and submits the annual accounts (balance sheet, income statement and appendices) to the approval of the Meeting.

 

The Annual General Meeting sets the amounts of the membership fees and entrance fees to be paid by the different categories of members for the coming financial year. It votes the budget of the following year and the approval of the accounts of the closed fiscal year. Ordinary and Annual General Meetings may only deliberate and deliberate validly on the matters set out in the agenda and specified in the notice of meeting. If necessary, after the exhaustion of the agenda, the renewal of the retiring members of the council by election, and the ratification of the provisional appointments are carried out.

 

The General Assembly authorizes the conclusion of acts or operations which exceed the powers of the Council. In addition, it deliberates on all the questions put on the Agenda at the signed request of half plus one of the registered members, request deposited at least ten days before the meeting to the secretariat of the Association.

 

d. Decision and Minutes of the General Meetings

 

The decisions of the General Assemblies are binding on all members, including absent or represented.

 

The deliberations of the General Assemblies are recorded on minutes containing the summary of the debates, the text of the deliberations and the result of the votes.

 

The minutes are transcribed, without blanks or erasures, in chronological order on the register of the deliberations of the Association, previously quoted and initialed by the President.

 

The minutes of the deliberations are drafted by the Secretary General and signed by the President and another member of the Council.

 

The Secretary General may issue any certified true copies to third parties.
 

ARTICLE 10 - POWERS OF THE ORDINARY AND ANNUAL GENERAL MEETING

 

Within the limits of the powers conferred on them by the local Civil Code and by the present statutes, the assemblies oblige by their decisions all the members, including the absentees.

 

The meeting hears the reports on the management of the management and in particular on the moral and financial situation of the association.

The meeting, having deliberated and ruled on the various reports, approves the accounts for the financial year closed, votes the budget for the following year and deliberates on all the other items on the agenda.

It provides for the appointment or renewal of members of management under the conditions provided for in article 12 of these statutes.

It provides for the appointment of the auditors under the conditions set out in article 13 of these articles of association.

It fixes the amount of the annual subscription and the entrance fees to be paid by the various categories of members of the association.

The general meeting is also competent to examine all the points that do not fall within the remit of the management.

 

ARTICLE 11 - EXTRAORDINARY GENERAL ASSEMBLY

 

If need be, at the request of the Board of Directors or half plus one of the registered members, the President may convene an Extraordinary General Assembly, in accordance with the terms and conditions provided for in these statutes, indicating the Extraordinary Agenda, and only:

for the dismissal of executive mandates;  for modification of the statutes;

for dissolution of the Association;  for acts relating to buildings;

to decide on its merger with other associations or its transformation.

 

The Extraordinary General Assembly includes at least 2/3 of the registered members of the association present or represented. It shall be decided by a two-thirds majority of the votes cast by the members present or represented. If the quorum is not reached, a second Extraordinary General Assembly is convened within 15 days, it can deliberate validly regardless of the number of registered members present or represented.

An attendance sheet will be signed and certified by the members of the Board of Directors.

 

If the President does not convene within one month the Extraordinary General Assembly requested in the above conditions, any member of the Bureau, or even of the Board of Directors may then take the place of him.

 

Only those items specified in the Extraordinary Agenda and specified in the notice of meeting may be discussed.

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ARTICLE 12 - MANAGEMENT

 

at. Board of directors

 

The Association is administered between two Ordinary General Meetings by a Board of Directors, including:

the college of Founding Members sitting as ex officio legal officers of the Association, without term of office and in accordance with article 6 above; and including on the other hand; a panel of members elected as de facto directors for a term of 4 years, re-eligible and dismissible by the General Assembly.

 

Eligible members of the Board of Directors are any active members or major benefactors on the day of the election who have joined the Association for more than two years and are up to date with their contributions.

The Founding Members reserve the right to nominate or nominate by co-optation to the Board of Directors any natural person who is a member or not, and who is deemed validly qualified to administer the Association.

 

It is proceeded to the renewal of the college of the elected members of the Council every year by quarter, the outgoing members for the first three renewals will be designated by lot.

 

Elected members are eligible for re-election but can not serve more than two terms consecutively.

 

In the absence of candidates for election to the Board of Directors, the outgoing members may be re-elected by the next General Assembly for a specific period or until the first nomination.

The number of leaders of the Association is not limited and depends on the needs to cope with the volume of activities of the Association.

 

When a Leader (Founding Members, Board members) is unable to attend a meeting or a meeting, he may give power to a counterpart.

 

The power must be in writing, dated and signed by the leader who gives power. The leader to whom the power has been given must attend the meeting of the council with the said power accompanied by an identity document.

 

The Board of Directors is vested with the broadest powers to make or authorize all acts or operations within the limits of its purpose and which are not the responsibility of the General Meeting. It authorizes the President to take legal action. It monitors the management of Bureau members and has the right to be accountable for their actions. It fixes the budget and the annual accounts of the Association. He may make any delegation of authority for a specific question and a limited time. It appoints on proposition, retrograde or dismisses the members to the different titles, names and distinctions.

In addition to the directors' duties, the directors will assume responsibility for the projects carried by the Association.

 

In case of vacancy or incapacity to perform his duties, the Board of Directors provisionally provides for the replacement of the defaulting member. It is proceeded to its definitive replacement by the nearest General Assembly. The powers of the member so elected shall terminate upon the expiry of the original term of the member replaced. The Board of Directors meets at least every three months during the financial year and at the latest the day before the convocation is sent to a General Meeting by the secretariat. It may sit at the invitation of the President, at the request of one of the members of the Bureau, or at the request of at least a quarter of its members.

 

In the event that the President, at the request of at least a quarter of the members, does not meet the Council, the meeting may be convened by the Secretary General.

 

To deliberate validly, the presence of half of the members of the Board of Directors having voting rights is required, if the quorum is not met, the deliberation is postponed to two weeks. The Board of Directors may validly deliberate regardless of the number of members present.

 

Decisions are taken by an absolute majority of the members present, and represented members having given Power. Abstentions are not recognized for the calculation of the majority.

In case of sharing the voice of the President is preponderant.

 

Any member of the Board who has not been excused by the Board of Directors and who is absent from three consecutive meetings, or whose contribution ceases to show up for the project for which he is responsible, will be deemed to have resigned.

Minutes of meetings are kept.

 

The minutes are drawn up by the Secretary General or a secretary of the meeting and signed by the Chairman and another member of the Board of Directors.

 

They are transcribed on a register listed and initialed by the President.

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b. The Director's Office

 

The Board of Directors elects, by secret ballot among its members, a Bureau composed of:

a chair, who can be assisted by a vice-chair

He / she ensures the respect of the statutes and the safeguarding of the moral interests of the association. He oversees the conduct of the affairs of the association and ensures that the decisions of the management are respected. It assumes the functions of representation: legal, judicial and extra-judicial of the association in all the acts of the civil life. He may delegate to other members of management for the exercise of his representative functions.

 

a secretary general, who can be assisted by a secretary-assistant (e)

He is in charge of all that concerns the correspondence of the association. He drafts minutes of meetings and management meetings. It also keeps the register of the proceedings of the general meetings and the register of the deliberations of the management.

 

a Treasurer, who can be assisted by an Assistant Treasurer

He ensures the regularity of the accounts and has good accounting. He reports on his management at each general meeting.

These functions are not cumulative.

 

The Bureau meets whenever necessary, when convened by the President or at the request of half of its members.

 

It oversees the operation of the association in accordance with the general guidelines defined by the General Assembly and pursuant to the decisions of the Board of Directors.

 

Minutes of meetings are kept. It will be signed by the President and the Secretary General. If no particular point, specified in the articles of the present statutes or of the rules of procedure contradicts the following, and in the respect of the rules of procedure and the laws in force, the Bureau with competence to contract, to establish any act or convention, to receive and cash, invite, organize, delegate and mission.

 

The President assures jointly with the Founding Members the right of representation of the Association in all the acts of the civil life, and is invested with all the powers to this effect, as well as in all the departmental, regional, national or international authorities of which is part of or on which the association depends.

 

In case of absence or illness, he is replaced by the Vice-President, or if this position is vacant, by any other administrator specially delegated by the Council. He may delegate some of his duties. He convenes the general meetings and the meetings of the board of directors. In particular, he has standing to sue in the name of the association, both in demand and in defense. The respective roles of the members of the Bureau and the details of their prerogatives are described in Rule 7 of the Rules of Procedure as provided for in these Statutes.

 

Failure to perform their function is considered a serious fault. Given the activity of the Association, a Projects Committee can be created. The terms of its creation and the election of its members will be set in the rules of procedure and submitted to the General Assembly for deliberation.

 

The Bureau is elected to the Board of Directors at each new election of the latter.

 

ARTICLE 13 - VERIFIERS TO ACCOUNTS

 

The accounts kept by the treasurer are audited annually by the auditors who must present to the general meeting their written reports on their audit operations. They are elected for 2 years by the ordinary general assembly and are eligible for re-election.

Their number is 2.

 

ARTICLE 14 - RETURNS AND REIMBURSEMENT OF FEES

 

All functions performed within the Board of Directors, the Bureau or a Committee are voluntary and free.

 

Only the directors (members of the Board of Directors and Founding Members) and the active members appointed by the administrative bodies of the Association may claim reimbursements for the actual costs incurred in the performance of their duties and on receipts, insofar as the aforementioned expenses are included in the estimated budgets and for missions previously authorized by the Bureau.

 

It is possible to give up its reimbursement allowances and to donate them to the Association (for the purposes of the tax reduction on income art.200 of the CGI). The financial report presented to the Ordinary Shareholders' Meeting presents, per beneficiary, the reimbursements of expenses of mission, displacement or representation.

 

ARTICLE 16 - AMENDMENT OF ARTICLES

 

The modifications of the statutes are obligatorily submitted to an Extraordinary General Assembly convened especially for this purpose as it is said in article 11 above. The dissolution can be pronounced only if the Extraordinary General Assembly includes at least 2/3 of the registered members of the Association, having the right to vote, present or represented. The decision must be taken by a two-thirds majority of the votes cast. If the quorum is not reached, a second Extraordinary General Assembly is convened within 15 days: it can deliberate validly regardless of the number of members present or represented.

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ARTICLE 17 - DISSOLUTION OF THE ASSOCIATION

 

The dissolution of the association must be decided by the extraordinary general assembly by a majority of the members present (or represented).

The meeting designates one or more members or non-members of the association who will be responsible for the liquidation of the property of the association.

 

The remaining net assets will be attributed to:

- an association pursuing similar goals,

- an organization aiming at general interest (school, commune, trade union ...) chosen by the general assembly.

 

The dissolution will be the subject of a report signed by the president and the secretary and will be sent to the court as soon as possible.

 

ARTICLE 18 - LIBERALITIES

 

The report and the annual accounts, as defined in Article 9 (including those of the local committees) are archived. The association undertakes to present its books and records on any requisition of the administrative authorities with regard to the use of donations it will be authorized to receive, to let its institutions visit by the representatives of these competent authorities and to report to them on the operation of these establishments.

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ARTICLE 19 - FORMALITIES

 

The Chairman or any other officer of the association, on behalf of the Board of Directors, is responsible for fulfilling all the formalities of declarations and publications prescribed by the legislator.

 

This document relating to the status of Association Aikido Handi-Valide and Associated Disciplines includes 13 (thirteen) pages and 19 (nineteen) articles.

 

Fait à COLMAR,   le  12 juin 2017           

 

 

Les Membres fondateurs :

 

La Présidente de l'Association                                                                  Magali CHAMBENOIT     

      

 

 

 Le Secrétaire Général de l'Association                                                 Philippe BURY      

 

 

 

La Trésorière de l'Association                                                                   Laure BARJON  

 

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