heritage  Associazione degli Emigrati  calabria emigrants association
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"HERITAGE CALABRIA"
Emigrants Association
Via Posta Vecchia, 6
87055 San Giovanni in Fiore
CS- Italia

-STATUTE OF THE ASSOCIATION-


SECTION 1: CONSTITUTION- HEADOFFICE- TERM- PURPOSE.

Art. 1.:
An association called "HERITAGE CALABRIA", Emigrants Association, called "HERITAGE", has been formed, established as a constitution among non profit social organizations (ONLUS) adherent and governed by legislative decree no.460 art.10 dated 04 December l997.
Founded by Francois-Xavier Nicoletti and Luigi Oliverio as a result of the merger of "CALABRIA-MAREMONTI" or "CMM" and "HERITAGE" Florense Emigrants Association or "HERITAGE-AFE' respectively established on the 16 June 2000 and on the 28 March 2003.
Its head office is in San Giovanni in Fiore (Cs) in Via Posta Vecchia 6, but it can carry on its activities in whatever location within the national territory and wherever it is convenient and opportune for the achievement of the Association's objectives, which will from time to time be identified and decided in accordance to the present statute and regulations the Associations may adopt.
The Association intends to keep close ties with groups or entities like the Audia Caring Heritage Association, the West Virginia Italian Heritage Festival, etc. and with all Calabrian Emigrants Associations having their offices in Italy or abroad.
The emblem of the Association is a circle of yellow stars on a dark blue background on which appears, both in yellow, the shape of Calabria and a small star indicating the location of the Sila National Park.

Art. 2.:
The Association will have an undetermined duration, but it can be dissolved by any assembly called and complying with all formalities as foreseen in Art.17 of the present statute.

Art.3.:
The Association, without intentions of gain, proposes to promote all possible initiatives, which directly or indirectly would contribute to the cultural, economic, and social development of Calabria.
In particular it can:
a) Stimulate and maintain ties of friendship, harmony and fraternity among the immigrants of the district, their children who are abroad and their country of origin, Calabria and Italy. Stimulate interest in the history of their native town, Calabria and Italy, their political, social and economic evolution, the language, literature, the arts and all their cultural expressions including the spirit and thought of Gioacchino da Fiore and all other philosophers and thinkers of Calabria.
b) Strengthen ties of friendship and co-operation among Calabresi associations in the world.
Develop good neighborly relations, reciprocal sentiments of respect and esteem and cultural exchanges among Calabria and other regions, Calabria and countries where the Calabresi reside.
c) Concur to identify and then execute the course of the district's development.
d) Promote initiatives, which create opportunities of work in the territory, co-operating as necessary with institutional bodies, with particular emphasis on facilitating the professional development of the new generations.
e) To facilitate meetings and debates among cultural, social and economic agents and agencies, who share the objective of the formation and information of the local communities.
f) In order to attain its aims the Association can perform all its transactions of whatever kind which are necessary or simply useful to the predetermined objectives.
g) The Association is politically and religiously neutral. It however, reserves the right and option to take positions in all that concerns the economic, political and religious process of the country which can in any way effect the membership.

SECTION II : Members

Art.4.:
The membership number is unlimited. Membership is extended to all Italian citizens or foreigners descendents of Italian citizens who are in good standing in their respective countries and who have at heart the development of Calabria. Categorically excluded from the Association are those who have been or are under investigation for transgressing the law or even if covertly are part of criminal associations, or are joined to people who are, even if covertly, members of criminal associations.
Whoever wishes to become a member of the Association must present a written request to the area Delegation where resident. The applicant must avow to meet the conditions necessary to be part of the Association and undertake to observe the present statute and the deliberations adopted by the bodies of the Association.

Art.5.:
The admission request will be decided upon by the President of the Association or the Board of Directors, prior to favorable recommendation by area Delegate, without obligation to specify the reason of any eventual denial in the reply to the applicant. In case of denial the applicant may appeal to the Arbitration Board within thirty days of communication.

Art.6.:
The members are obliged:
a) to observe the statute and the deliberations legitimately adopted by the Delegates' Assembly , the Board of Directors and the Delegation Council of the district of residence.
b) To concur freely, according to their means, to the maintenance of the Association.
c) To personally collaborate towards attaining the objectives of the statute, as per art. n. 266 of the law ll Aug. 1991.

Art.7.:
Membership is terminated at death, exclusion and withdrawal. The President of the Association or the Board of Directors, upon the Delegation's proposal has the exclusive authority to deliberate the exclusion of a member that:
a) does not observe the statutory provisions and the deliberations of the Delegates' Assembly , of the Board of Directors and the Delegation Council.
b) In whatever way harms or attempts to harm morally or materially the Association or foments dissent among the members.

Art.8.:
The excluded member, with consent of the Board of Directors, may appeal to the Arbitration Board within 30 days of exclusion notice.

SECTION lll. PATRIMONY OF THE ASSOCIATION.

Art.9.:
The patrimony of the Association consists of :
a) Members contributions
b) Free will donations by third parties, peoples, associations, and entities, both public and private.
c) Contributions from public or private organizations.

Art.10.:
Donations greater than three thousand Euros will require the approval of the Board of Directors for its acceptance, such approval will be required at all times with regards to donations of any real estate regardless of value.

Art.11.:
Donations on behalf of a donor, with particular purpose, will not be accepted even if they fall within the scope of the Association.
However, the Board of Directors can set aside special funds for the achievement of determined objectives.

SECTION lV: CORPORATE STRUCTURE

Art.12. :
The Association is made up of :
A. the Delegates' Assembly
B. the Board of Directors,
C. the President
D. the Secretary
E. the Delegate
F. the Delegates' Council
G. the Auditor/Auditors
H. the Board of Arbitration.

Art. 12A..
The Delegates' Assembly represents the deliberating body of the Association. It will establish its course of action, approve budgets , examine and decide on every issue to it submitted. The Delegates' Assembly is constituted by all Delegates, each of which is assigned one vote. The Assembly can be ordinary or extraordinary and is presided by the President of the Association or, in his absence, by the Vice President, senior according to age.
The ordinary meeting of the Assembly will be every two years to adhere to all legalities.
The extraordinary meeting of the Assembly can be called at whatever time it is deemed necessary and whenever the President sees fit.
The Notice of Assembly Meeting with its relative agenda must be mailed to the Delegates at least 10 days prior.

The Delegates' Assembly in regular session has the following duties;
a. sets the general directives by which to achieve its social purposes
b. elects the President of the Association and the Vice Presidents ( minimum 2-maximum5) The General Secretary , The Members of the Board of Directors(minimum 2 - maximum5), The Auditor and the members of the Board of Arbitration.
c. Deliberates on other issues posted on the meeting's agenda

The first meeting of the regular Assembly is formed by the presence of ,or delegation thereof, at least one half plus one of its members and the second meeting- which can be effected one hour after the first- is normally constituted by whatever number of present or represented members. The deliberations of the regular Assembly will in any case be effected by the majority of the members present or represented.

The Delegates' Assembly in extraordinary session must perform the following duties;

a. deliberate changes to the present Statute an the day-by-laws
b. deliberate on the eventual dissolution of the Association

The extraordinary Assembly 's first meeting is normally constituted by the presence or proxy of at least one half plus one of its members and the second meeting- which can be held after one hour- by the presence or proxy of at least one third of its members.
The deliberations of the extraordinary Assembly can nonetheless be effected by the favorable vote of at least two thirds of those present.

Art.12B
The Board of Directors is in charge of the management of the Association, and in particular :

a) Sees to the implementation of the resolutions adopted by the Delegates' Assembly.
b) Draws up the annual budget to be submitted to the Delegates' Assembly.
c) Compiles eventual internal regulations to be submitted for the Delegates' Assembly's approval.
d) Stipulates all deeds and contracts inherent to the activities of the Association
e) Deliberates with regard to admissions and exclusions of members
f) Can nominate on its own, or by Delegates application, honorary members, distinguishable personalities who, by the office they hold, can have a relationship with the Association and acquire special merits.
g) Presides over the daily activity of the Association and deliberates on all matters which are not constitutionally reserved for the Delegates' Assembly.
h) Adopts all provisions in terms of personnel needs
i) Deliberates on budget and special expenditures
j) It will oversee the formation and the cessation of area Delegations of the Association both in Italy and abroad, and take an interest in its development.
k) It ill nominate and revoke the Delegates responsible for each area. Delegates' office duration to be 2 years and can be re-elected.

The Board of Directors is convened by the President or in case of his absence or impediment, by the Vice President, Senior according to age, subject to five days notice, in whichever mode, to each board member, with information as to the agenda, the place and time of the meeting. In case of emergency the meeting notice can be communicated telegraphically.

Art.12C
The President of the Board of Directors presides the Delegates Assembly, represents the Association to third parties and in legal issues, upon prior approval by the Board of Directors,
can nominate attorneys and lawyers to both active and passive legal controversies.
The President of the Association is the legal representative of the Association, his position has a 2 years duration and can be re -elected.
The President accepts from every Delegate admission requests to the Association and can fulfill all other acts not expressively reserved for the Delegates' Assembly.
It is understood that the President is fully capable to carry out all constitutional obligations
Upon recommendation of the Board of Directors, he can nominate one or more Delegates and Honorary Members.

Art. 12D
The General Secretary will assist the President.
He is responsible for the central and peripheral organization of the Association and supervises the office operations.
His office is combined with that of Treasurer
The position has a three year duration and can be extended by re-election.

Art. 12E
The Delegate is a member of the Association to whom the Board of Directors or the President of the Association has given the responsibility to preside a Delegation of the Association within a determined territory.
The position has a 3 year duration and can be , without mention , reconfirmed. The Delegate represents the Association in its own territory and is responsible for the Delegation and proposes tot he President of the Association and to the Board of Directors the admission of new members. The Delegate is also invested by the individual Members of his Delegation, - by virtue of being part of the Association- of their singular representation in the Delegates' Assembly and of their consequent right to exercise vote in unitary representation.
The Delegate can sub-delegate the assembly vote only to an associate- member of the Association.

Art.12F
The Delegation Council is composed of the Delegate and no more than 5 other members.
The number of Consultants and their nomination is the duty of the Delegation with ratification by the Board of Directors or the President of the Association.
The Delegation Council will give its opinion to the Delegate regarding the admission of new members.
It will co-operate with the Delegate for the achievement of the purposes of the Association within the territory of the Delegation and will approve the preliminary and final annual budget of the Delegation presented by the Delegate.
The Consultants are elected for a 3 year term which can be carried over.


Art.12G.
The Auditor or Auditors , one of which can preside the office and the other or others can be substitutes.
His, her or their position is for a term of three years / can be re-elected.

Art.12G
The Appeal/Arbitration Board is composed of three permanent and two temporary members whose term has a 2 years duration. The Board oversees the administration of the Association and the day to day book -keeping , ensures that the Board of Directors and the Area Delegation Council follows the laws and the statute, agrees that the Board of Directors performs the deliberations of the Delegates' Assembly.
To such body, also, is requested the resolution of all controversies to it submitted, relative to the interpretation of the provisions contained in the constitutional act and in the statute, deriving from deliberations of the Delegates' Assembly, the Board of Directors and of the President of the Association or concerning the relationship between the Association and its members.

SECTION V : GENERAL AND FINAL PROVISIONS

Art. 13.
The present constitution can be modified at any special meeting of the Delegates' Assembly.

Art.14.
The members of the Board of Directors, of the Delegations' Council and the members of the Appeal/Arbitration Board will carry out their duties completely free of charge. Expenses incurred for the fulfillment of tasks previously authorized by the Board of Directors will be duly acknowledged and reimbursed.

Art.15.
In case of anticipated dissolution or termination, the entire patrimony of the Association will be transferred to charitable organizations operating in Calabria.

Art. 16.
The internal and area operations of the Association will be guided by Bylaws which will be part of the present Statute/ Constitution.
Every proposal to modify the Bylaws can be examined and approved by the Board of Directors.

Art.17.
Every proposal to change the present Constitution must be examined and accepted by the Board of Directors.
If accepted the President of the Association must, within 60 days, convene a special meeting of the Delegates' Assembly to deliberate.

Art.18.
As soon as possible, the Association will apply for lawful recognition as per art. 12CC of the law.


San Giovanni in Fiore, 30th October 2003