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Caritas Eparhial Oradea

Address:

Str. Mihai Pavel nr. 3
410210 - Oradea, BH
ROMÂNIA

Phone:

+40.359.418.212

Fax:

+40.359.418.211

Email:

caritaseparhial@yahoo.it

Statute

Chapter I: Name, Legal status, Adress, Duration

Art. 1. The name of the association is “CARITAS EPARHIAL ORADEA”.

Art. 2. “Caritas Eparhial Oradea” Association is a charity association, a non-governmental organisation, non for profit, legally registered in Romania based on Governmental Ordinance nr. 26 from January 30th, 2000 referring to associations and foundations, published in Official Monitor nr. 39/01. 31. 2000

Art. 3. The official adress of the association is in Oradea, Episcop Mihai Pavel Street no. 4, Bihor County. Later on the adress of the association can be changed by abiding the law. The association is allowed to establish branches and field offices in country and abroad.

Art. 4. “Caritas Eparhial Oradea” Association is legally established at the date it has obtained its legal status for an unlimited period, for as long as reaching its aim is actual, possible and legal.

Chapter II: Aim and activity

Art. 5. The aim of the association is exclusively humanitarian and consists of providing efficient support through donations of foods, clothes, medicins, money, services to different social categories without any discrimination in what regards nationality, religion, race, gender or political ideas.

Art. 6. The objectives of the association are:

a). To encourage and promote science, trust among people, justice, moralty, social order and peace; charity and relief sufference of humanity.

b). Fight against hunger, misery, diseases and marginalization of any kind.

c). To get directly involved in respecting and protecting child’s rights. National and international child adoptions.

d). Support education in kindergartens and schools of different grades and learning systems.

e). Support cuolture and sports; promote the principle of competence, of multiple qualification and of professional mobility.

f). efficient encouragment to relaunch the agriculture and environment protection.

g). Educate the population in the spirit of charity and raise the society’s level of morality.

Art. 7. Means and ways to achieve its objectives

Build and support the building of hospitals, of offices for medical investigations, dentist offices, and foster houses for children in difficulty, houses for old people and hospices as well as other buildings of public interest including social homes for poor, old people or ill people.

Collaborate with County’s General Departments for Child Rights’ Protection (DGJPDC, in Romanian) within child placement and family reintegration projects.

Collaborate with DGJPDC, with County Penal Courts and with Police Inspectorates for clarifying the legal situation of abandoned children or children in difficulty.

Collaborate with Romanian Committee for Adoptions in what regards the mediation of national and international adoptions.

Collect and distribute supplies and humanitarian funds received from in country and from abroad.

Promt and efficient intervention in case of earthquakes, fires, floods, radiations or other calamities that are declared so, through first aid activities, foods, clothes and barrack equipage providing.

Facilitate endowment of schools, hospitals and other cultural or public interest institutions with furniture, professional equipments and computers.

Organise symposiums, conferences, seminars, film projections, trips, experience exchanges, specialised training courses and other activities that can contribute to the enlargement of the cultural horizon of pupils, students or citizens in general.

Publish books, brochures and other documentary publications.

Carry on social investigations in order to identify the real needs of the citizens; identify the ones with health problems or chronical diseases, record them and periodically intervene, according to the needs; visit and provide care to those who are immobilised or hard to be transported by organising a special social and medical assistance service that will be provided at home.

Respect individuals’ dignity by treating them with discretion in what regards the situation of their families.

Sustain, through scholarships system or ocasional financial interventions, the children with real intelectual resources but who lack financial resources, to follow school at least at the level of high-school.

Run economical activities aimed to bring incomes which will be used by the association exclusively for funding humanitarian and charity projects.

Collaborate with traditional partners from in country and abroad for promoting rural tourism. Support farmers and encourage them to establish new farms; acquire, offer them in leasing or rent to them the entire range of agricultural machines and equipments needed.

Establish polyclinics, pharmacies and social canteens.

Collaborate vith other associations, foundations or local or central institutions qualified to intervene in social, cultural or environmental protection field.

Chapter III: The patrimony of the association

Art. 8 The innitial patrimony of the association was made up from the contributions of associate funding members and it is 6.000.000 lei, a value that is higher than the legal minimum stipulated, which is double the minimum gross wage per economy, established by Governmental Decision no. 101/2000.

The association’s funds - which complete the innitial patrimony will be formed by:

- taxes of registration and dues from funding members and associate members;

- interests and shares resulted from financial placements, with abide by the legal stipulations.

- shares from companies established by the association

- incomes from direct economical activities which have an accessory character and are closely related with the main aim of the organisation;

- donations, sponsorships or related;

- resources attracted from state budget and/or from local budget;

- other legal resources;

The association’s patrimony is distinctive from the patrimony of each associate member.

In order to complete the funds of the association, small companies will be established according to Law no. 31/1990. The profit will be used for reaching the objectives of the association.

The association will elaborate the annual balance of spendings and incomes and the balance sheet, according to the legal stipulations.

Art. 9. The patrimony of the association is dedicated exclusively to humanitarian aims.

Chapter IV: The leading bodies and their competency

Art. 10. The leading bodies of the association are:

The General Assembly

The Board of Administration

The President of the Board of Administration

Art. 11. The General Assembly is the leading body of the association and also its main decision making body. The General Assembly will be convened by a member of the Board of Administration who is appointed in this respect.

The convene of the General Assembly will take place any time the Board of Administration will decide this or when at least a third of the associate members will request it through a motivated written request.

The General Assembly can take decisions at the first convene in the presence of a simple majority of associate members with a simple majority of votes and at a second convene with a majority of the present memebers.

The competence of General Assembly:

To set up the strategy and the general objectives of the association;

To approve the budget of incomes and spendings and the balance sheet;

To confirm or revoke the President proposed by the Bishop and the Board of Administration proposed by the President;

Vote and revoke the auditor or the Audit Commision;

Establish new branches;

Modify the Constitution or the Statute of the association;

Dissolve or liquidate the association.

Has the right and the duty to permanently control the Board of Directors and the Audit Commision.

Any other prerogatives stipulated in Law or in the Statute.

Based on the proposal submitted by the Board of Administration, the General Assembly approves the quantum of the registration tax and of members’ due.

The General Assembly meets once per year in an Ordinary Meeting, when the auditor’s’ report is presented.

The extraordinary meeting of the General Assembly will take place any time the Board of Directors will decide it based on strong reasons or when at last a third of the associate members will submit a motivated written request, in this respect.

The decisions taken by the General Assembly are compulsory also for the associate memebrs who did not take part in this meeting or who voted against. The associate member who has a personal interest or through his wife/her husband, descendants or ascendants, relatives up to the IV grade inclusively will not be alowed to take part in the debates or to vote.

The decisions of the General Asembly that are against law or against the Constitution of the asociation or against the Statute of the association can be contested in court by any of the associate members who did not take part in the General Assembly meeting or who voted against and demanded this to be included in the meeting’s minute. The deadline for the call for court is 15 days since the day the meeting took place or, in case the contestant was absent, since the day s/he was informed about the decision.

Art. 12. The Board of Administration is formed by 3-5 members, appointed for a period of four years, with the possibility to be re-elected. In case the General Assembly cannot be convened, at the end of the Board of Administation’s mandate this can be extended with maximum 6 months.

The Board of Administration ensures the implementation of the decisions taken by the General Asembly.

The Board of Administration has the following duties:

Submits to the General Asembly the activity report for the previous period, the execution of the incomes and spendings budget, the balance sheet, the project of the next budget and the project on association’s programmes.

Signs legal douments in the name and on behalf of the association.

Approves the organisation chart and the human resources policy of the association.

Accomplishes any other prerogatives given by the General Assembly.

The Board of Administration can delegate one or more members of the executive, including non-associated members, to sign legal documents in the name and on behalf of the association.

The board of administration decides in all current and operative issues as well as in all issues which are not included in the area of competency of the General Assembly, according to the present statute. Between the ordinary meetings the General Assembly will delegate the competency to the Board of Directors.

Art. 13. The President and, the vice-president (when the President is missing) represent the association in relation with authorities and with third parties. In case due to the given situation it will be impossible for the President to continue the activity within the association, his/her place will be taken by the vice-president.

Art. 14. The Board of Directors will approve an internal set of regulations in order to detail the way the specific activities of the association are to be carried on.

Art. 15. The General Assembly will appoint one auditor. When the number of members will exceed 100, an auditing commission will be appointed.

The competences of the auditor (audit commission):

- checks the way the patrimony of the association is administrated

- elaborates reports and submits them to the General Assembly

- can participate in the Board of Directors’ meetings but with no right to vote

Chapter V: Members of the association

Art. 16. Untill present, the members of “Caritas Eparhial Oradea” Association are the three funding associated members, mentioned in the minute at the establishment of the association, minute that is part of the present statute.

Art. 17. An individual or a legally established entity can become a member of the association after the adhesion request will be favourably advised by the Board of Administration and approved by the General Assembly.

Art. 18. The membership status can be lost by request or by the decision of the General Assembly, based on the proposal of the Board of Administration, in the following situations:

- for not fullfilling or respecting the stipulations of the present statute

- for not paying the financial contributions for 1 year

- for carrying on activities that are contrary to the aim and interests of the association

- for making public declarations and statements regarding the activity of the association without the authorisation of the Board of Directors

- based on the decision of the Board of Directors, when this has strong reasons for exclusion.

Chapter VI: Dissolution and liquidation of the association

Art. 19. The association will dissolute

a) By right

At the moment the aim it was created for cannot be achieved anymore or if within three months after this came out, the aim is not changed;

In case it is impossible to organise the meeting of the General Assembly or of the Board of Administration according to the constitution stipulations, if this situation lasts longer than an year;

In case the number of the members of the association decreases to less than three, if this was not completed within three months;

b) As a result of a legal decision, by request of any person interested:

When the aim or the activity of the organisation became illegal or against the public order;

When the aim is reached through means that are illegal or against the public order.

When the aim is different than the one the association was established for.

When the association became insolvent;

When the association couldn’t obtain the administrative licence necessary to carry on the activity it was established for;

c) As a result of a decision made by the General Assembly:

Within 15 days after the association was dissoluted as a result of a decision made by the General Assembly, which had this issue on its agenda, an authenticated minute will be submitted to the court of law of the territorial circumscription where the association is officially registered.

The minute will be written down in the Register of Associations and Foundations. After dissolution, the association enters the liquidation process in order to complete the balance sheet documents.

Along the liquidation process, the association maintains its status of legal entity.

The liquidation procedure is carried on acording to the specific legal stipulations.

In case the liquidation was decided by the General Assembly, this will assume the role to appoint the liquidators.

Once the liquidators are appointed, the mandate of the Board of Administration will end.

The patrimony remained after the liquidation will be transferred to the Oradea Greek-Catholic Bishopric.

Art. 20. The “Caritas Eparhial Oradea” Association will have its own distinguishing marks (coat of arms, flag, badge) and in case of affiliation to international, European or national Caritas structures, the association will be alowed to display the marks of the respective associations, with their permission.

Art. 21. In order to conclude the necessary formalities for registering the association as a legal entity, the five members of the association who have expressed their agreement in this respect, in the minute of the establishing of the association, appoint Mr. TODOREAN GRIGORESCU OLIMPIU, owner of ID XH series, no. 178056 for signing the papers necessary for establishing the association, including the authentic notarial papers.

Edited and authenticated, in six original copies, at the office of Public Notary _________________, today, the day of completing the present statute.

1. TODOREAN OLIMPIU _________________

2. BUBOI GAVRIL _________________

3. LAZA VIOREL _________________

4. NEGREA FELIX _________________

5. DOMUTA VALERIU _________________

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