In accordance with the provisions of Article 11 and 12 of the Law on Association (>Official Gazette of RS<, No 51/09), at the founding assembly held on 21.12.2010, in Kragujevac
The Articles of Association of Citizens were adopted, “The Construction Cluster of Šumadija and Pomoravlje“
Domain of achieving goals
Article 1
The association of Citizens “The Construction Cluster of Šumadija and Pomoravlje“ (hereafter called: The Association) is non-governmental and non-profit Association, which was established for an indefinite period to achieve the goals of promotion of the Cluster concept, ie. Association to provide mutual benefit, to increase the level of stability in business and to improve market performance.
Goals of the Association
Article 2
The Goal of the Construction Cluster of Šumadija and Pomoravlje is to act in the area of the Region of Šumadija and Pomoravlje for strengthening of capacity and improving the quality of business of all the members of the cluster by introducing of new forms of associations and networking and strengthening the competitive position, at the national level as well as the international level. The Cluster will be recognized for the high quality services that will be offered to the market in the following areas: designing, supervision and technical acceptance, consulting and engineering.
Article 3
Area of the Association is improvement of working condition for the holder in the field of construction and other activities that are in the interests of members.
Article 4
To achieve its goals the Association especially:
1. Gives its support for collecting necessary licenses for work in construction, gives support for business and financial consulting, technical consulting among members, legal information and accounting advices;
2. Allows the training of new staff, professional training, joint procurement and use of hardware and software as well as joint promotional activities;
3. Obtains, prepares, gives support and monitor the institutions;
4. Gives support and cooperation in communication on national, local, and international level with institutions;
5. Allows linkage within the sector and inter-sectoral linkage as well as linkage within the cluster for applying for jobs of higher values;
6. Coordination of price policy
Article 5
The Association is independent in in achieving the goals and task laid down by this Statute.
Article 6
The Association is a legal entity with rights, obligations and responsibilities that arise from the Construction , Law and this Statute.
Article 7
The Association adopted the program of work, in order to implement common needs and interests.
Article 8
The Association collaborates with related association and organization in the Country and abroad, as well as with relevant institution in order to achieve its goals and to work more efficiency and to exchange ideas and information.
Name and address
Article 9
Name of the Association is: Association of Citizens “The Construction Cluster of Šumadija and Pomoravlje“
Abbreviation of the name is “The Construction Cluster of Šumadija and Pomoravlje“
The Association is based in Kragujevac.
The Association conduct its activity on the territory of Republic of Serbia.
Appearance and content of the seal
Article 10
The Association has its own seal and stamp.
The seal is round, with a diameter of 30 mm with the following text: The Association of Citizens “The Construction Cluster of Šumadija and Pomoravlje“ Kragujevac, in Serbian version with the Cyrillic alphabet: The Association of Citizens “The Construction Cluster of Šumadija and Pomoravlje“
No___________/____________
Kragujevac,________________
Condition and ways of becoming a member and termination of membership
Article 11
The member of the Association can be any person who accepts the goal of the Association and the Statute and who submit an application for membership to The Board of the Association and meets the requirements of Rules of admission. Minor who has attained 14 years of age can also become a member of the Association if he attach a certified statement of the legal representative of approval. For a person under the age of 14 years, referred to in paragraph 1 of this Article, the application is submitted by his legal representative.
Article 12
The members of the Association has equal rights and obligations. The rights of the members can not be limited, except as provided by law.
Article 13
Motion on the membership is submitted by a member of the Assembly, and the decision on the membership is made by the Commission to receive and immediately they notify the applicant. Criteria for deciding on the request for motion on the membership are defined by the Regulations on Admission. A member may withdrew from membership by giving a written statement of resignation. A minor member may withdrew from membership without the consent of legal representative. The membership in the Association may be terminated violating the provision of this statute or damaging the reputation of the Association. The decision on termination of membership is made by the Commission to receive, due to reasoned proposal of the Board. The member has to be allowed to come out about the reasons for submission of the proposal for a decision on the termination of his membership in the Association.
The rights, obligations and responsibilities of members
Article 14
The member of the Association has right to:
1. An equal footing with other members in achieving the goals of the Association.
2. Be directly involved in decision of the Assembly, and trough the authority of the Association.
3. Elect and be elected to the Association.
4. Be promptly and fully informed about the activities of the Association.
The member is required to:
1. Actively contribute to achieving the goals of the Association.
2. Participate, according to his interests, in activities of the Association.
3. Pay the membership fee.
4. Perform other duties assigned to him by the Broad.
Article 15
The membership in the Association is ceased because of:
1. arbitrary withdrawal;
2. exclusion from the Association;
3. the death of a member;
Article 16
A member can be excluded from the Association if:
1. Fails to fulfill predicted tasks;
2. He doesn`t comply with the provisions of this Statute while he fulfills the tasks;
3. He damages to the reputation of the Association and interests of the society by his work and behavior;
4. He didn`t pay the membership fee, after he had already received Written warning.
The decision about the excluded from the Association is made by the Commission to receive due to reasoned proposal of the Board.
Article 17
Interested party may file a complaint against the Decision of exclusion from the Article 15 of the Statute, to the Commission to receive, within 8 days of their Decision on exclusion.
If the Commission determines that the complaint is reasonable, they will annul the Decision on exclusion and the complaint will be accepted; but if they determine that the complaint is non-reasonable they will confirm the Decision on exclusion and the complaint will be rejected. The Decision of the Commission to receive is final.
Article 18
Mandate of the Representative Assembly of the Association and other authorities and bodies of the Association shall ceases before the expiration of the term for which he was elected:
1. In the cases from the Article 14 of this Statute;
2. If he Resign;
3. By the revocation of the authority that had elected him.
Internal organization
Article 19
Authorities of the Association are the Assembly, and the Broad. The Representative of the Association is president of the Board, and in his absence the vice president of the Board.
Article 20
The Assembly of the Association consists of all its members. The Assembly meets regularly once a year. Extraordinary Meeting of the Assembly may be appointed upon a proposal of the Board, as well as on the initiative of at least one third of the Assembly. Extraordinary Meeting of Association has to be held on later than 30 days from the date of application for its convocation. Assembly Meeting is convened by the President of the Assembly, by written notice about the time and place of the assembly and about the draft agenda. The President of the Assembly chairs the session. The Assembly:
1. Makes a plan and work program;
2. Adopts the Statute, as well as amendments to the Statute;
3. Adopts other general acts of the Association;
4. Appoints and dismisses members of the Board;
5. Considers and Adopt, at least ones a year, the report of the Board;
6. Considers and Adopt the financial plan and report;
7. Makes decision about status changes and dissolution of the Association;
8. Makes decision about joining alliances and other associations in the country and abroad;
Assembly decision are valid if at least one-half of the members is present. The Assembly makes decision according to the majority vote of the members present.
The decision on amendments to the Statute, status changes and dissolution of the Association, requires a two-thirds majority vote of the members present.
Article 21
The Assembly may established expert and working groups to perform certain tasks, whose function, content and scope of work would be additionally determined by specific Decision of the Assembly. The Decision from the previous paragraph determines tasks, ways of work, and other issues connected to the choice and work of these authorities.
Article 22
The President of the Assembly organizes the work of the Assembly, convened and chairs its sessions and he performs other duties in in accordance with the Statute and other Association Act.
The President of the Assembly is elected among members of the Assembly for the period of two years, by public voting, and by majority vote of all members. The President of the Assembly can be resolved even before the end of his mandate in the same way he was elected.
Article 23
The Broad of the Assembly is the executive body of the Assembly, and its work is to work on achieving the Associations goals that are determined in this Statute. The Board has tree members, The President, the vice President and member of the Board, that are elected and dismissed by the Assembly. The mandate of the members of the Board is 4 years and can be elected again for the same function. The Board elects the President and vice President among its members.
Article 24
The President of the Board presents and represents the Association in Transactions and has rights and obligations as financial principal. The vice President is authorized to represent the Association and to sign all financial documents in the name of the Association, in the absence of the President.
Article 25
The Board:
1. Menages the work of the Association between two session of the Assembly and makes decision in order to achieve the goals of the Association;
2. Organizes regular activities of the Association;
3. Entrusts specific tasks to certain members;
4. Makes financial decision;
5. Decides to initiate the procedures for amending the Statute, either on its own initiative or on the proposition of at least 5 members of the Association and prepares proposed amendments, that submits to the Assembly for the adoption;
6. Decides to initiate the procedures for compensation in cases from the Article 25 paragraph 2 of the Law on Association, and, when it is needed, the Board elects representative of the Association for those procedures;
7. Decides about other issues for which others authorities of the Association are not in charge according to the Law or the Statute;
The Board validly decide if at least one-half of the members is present , and decision are made by majority vote of all the members. Meetings of the Board are convened by the President and in his absence, by vice President.
Publicity of work
Article 26
The work of the Association is public.
The Board regularly informs members and public about work and activities of the Association, directly or through its publications, ie through press releases, or in some other appropriate way.
Annual accounts and reports on the activities of the Association are submitted to the members on the meeting of the Association.
Article 27
The Association can join unions, other organization and international organizations, and the Assembly of the Association makes decisions about that. Associating an international organization is reported to the competent authority in accordance with the law, within 30 days.
The way of acquiring resources to achieve the goals and disposal of assets
Article 28
The Association rises funds through membership dues, donations and gifts, financial subsides, and other legally permitted metods.
Article 29
Material and financial resources needed to achieve the goals and tasks of the association can be implemented and used only in the manner provided by Law and this Statute.
Article 30
The Assembly makes financial plan financial statement of the Association each calendar year.
Article 31
The President of the Board is responsible for the legal use of funds by the financial plan of the Association.
Article 32
Association property may be used only for the goals in accordance with this Statute and the Law. Association property can not be divided among its members, founds, members, of the Association authorities, directors, employees, and others in accordance with the Law. Provisions of paragraphs 1 and 2 of this Article shall not apply to the provision of appropriate awards and reimbursement of eligible costs incurred to the Association (travel expenses, wages, costs of overnight stays, and so on), to the contractual obligations cargo, and other in accordance with Law.
Amendments to the Statute
Article 33
The amendments to the Statute may be initiated by:
1. Association members as individuals;
2. Authorities and bodies of the Association;
Initiative to amend the Statute is submitted to the Board of the Association. If the Board accepts the initiative then proceeding for changing the Statute are initiated, but if the initiative is rejected then the Board informs initiator about that.
Article 34
The Board shall submit the proposed Statute changes to the previous discussion to the members of the Association in order to get theirs suggestions, opinions and remarks. After gaining remarks, suggestion and opinions of the members the Board makes drafts amendments to the Statute and delivers it to the members for adoption. The members of the Association decide about adoption of amendments to the Statute by direct vote on the Assembly.
Dissolution of the Associations
Article 35
The Assembly decides about the dissolution of the Association when there are no conditions for achievement of goals of the Association, as well as in order cases provided by Law.
Treatment of the Association property in case of dissolution of the Association
Article 36
In case of dissolution of the Association, the Association property will be transferred to the regional center of Serbian Chamber of Engineers in Kragujevac, according to the provision of Article 42, paragraph 1 of the Law on Association it is predicted that in case of dissolution of the Association only local non-profit legal entity can be determined by the Statute to receive the Association property, on condition that this legal entity is founded for achieving the same or similar goals.
Transitional and Final Provisions
Article 37
The provisions of the Law on Associations will be directly applied to all the questions that are not regulated by this Statute.
Article 38
This Statute is valid from the date of its adoption at the founding assembly of the Association of citizen “Construction Cluster of Šumadija and Pomoravlje“, and it is applied from the date of its registration in the register of the competent authority.
Regulation on membership and withdrawal from the Association of Citizen “ Construction Cluster of Šumadija and Pomoravlje“
Article 1
This Regulation defines the procedure for admission to membership in the Association of Citizen “Construction Cluster of Šumadija and Pomoravlje“.
Article 2
The membership in the Association is free and voluntary.
Article 3
The member of the Association can be any adult person who is interested for work in the Association and who accepts provisions of the Statute of the Association and this Regulation.
Article 4
Application for membership consist of the following documents that are submitted of the Board to the address of the Association:
• Completed questionnaire for examining the needs for the membership which is also application for membership.
• Report on the basic of financial indicators of a company that applied for membership done by a person employed in the Service center.
• Signed statement in written form on the acceptance of the Statute of the Association.
• Completed application form.
Article 5
The Assembly of the Association makes decision about the acceptance of the application or the termination of the membership, on the suggestion by the Board of the Association.
Article 6
Membership is gained by signing the application form and entry in the Register of members held by the Association.
Article 7
The members of the Association pay the annual membership fee in amount determined by the Board of the Association.
Article 8
The member of the Association have the same rights and obligations. A member has right:
• To be involved in achieving goals of the Association equally with other members;
• To directly participate in making decision in the Assembly , as well as over authorities of the Association, to elect and be elected in authorities of the Association;
• To be fully and timely informed about work and activities of the Association, to use facilities and services, professional and technical assistance and common equipment of the Association to get an answer, in written form, to this suggestions, complains and appeals;
A member is obligation to :
• Actively contributes to achieving goals of the Association;
• Be involved in activities of the Association. In accordance with his interests;
• Pay the membership fee regularly;
• Perform other duties assigned to him by the Board;
• Actively advocate for the implementation of the Program Orientation of the Association;
• Respect the Statute and the Rules of Procedure;
• Protect the reputation of the Association and act in accordance with human and business ethics;
• Behave correctly with other members;
• Keep business secret of the Association;
Article 9
Membership in the Association ceases because of:
• Arbitrary withdrawal, providing a written statement of withdrawal from membership;
• Exclusion from the Association;
• The decision of the Assembly of the Association about dissolution of the Association;
• The death of a member;
Article 10
Membership fee paid for the current year is not reimbursed if the membership ceases. All the rights and obligations gained through the membership cease if membership ceases . Termination of membership is possible by the end of financial year with a notice period of 3 month.
Article 11
A member can be excluded from the Association if:
• He doesn`t respect the Statute of the Association and Rules of Procedure;
• Even after receiving two written reprimands he doesn`t pay the annual membership fee within 60 days of receiving the warning;
• Doesn`t fulfill determined tasks;
• He damages the reputation of the Association by his work and behavior;
• The decision about the exclusion is made by the Assembly of the Association with reasoned proposal of the Board.
Article 12
Interested party may file a complaint against the decision on exclusion from the Association to the Assembly , within 8 days of the date of the decision on exclusion. If the Assembly of the Association determines that the complaint is reasonable and the complaint will be accepted, on the contrary, they will confirm the decision and the complained will be rejected.
The decision of the Assembly is final.
Article 13
Mandate of the representative of the Assembly of the Association and other authorities and bodies of the Association ceases before the expiration of the term for which he was elected:
• In cases from the Article 10 of this Regulation;
• If he Resign;
• By the revocation of the authority that had elected him.