Statues of the SVSS

Statues of the SVSS (civic association)

Article 1: Basic Provisions

  1. The Association of Construction Equipment Manufacturers, hereinafter referred to as the Association, is an interest association of construction equipment manufacturers with its registered office at U Kodetky 1978, 263 01 Dobříš, Czech Republic.
  2. The Association was established pursuant to Act no. 83/1990 Coll. on association of citizens by resolution of the congress of founding members in Nové Město nad Metují on 16 July 2009.
  3. The Association is an independent legal entity.

Article 2: Mission and Purpose

  1. The Association’s mission will be to facilitate and promote, both nationally and internationally, coordination among manufacturers, development offices and other entities in the sphere of construction equipment and thus to:
    • Contribute to the improvement of the market environment
    • Improve the technical sophistication, competitiveness, quality, safety and environmental performance of the products
    • Defend and promote the interests of its members in the technical, economic and legislative spheres both nationally and internationally
  1. The Association will cooperate with the European CECE (Committee for European Construction Equipment), based in Brussels, for the Czech Republic, and further this cooperation in the following areas:
    • Coordination with sister national organisations from CECE
    • Mediation and exchange of information on objects of common interest
    • Expert work in expert committees and boards
    • Monitoring and support of standardisation and legislative processes within and outside the European Union in spheres of common interest
  1. The Association will do other activities as needed in support of the information of its members:
    • Arrangement of translation of articles from foreign professional journals and their distribution.
    • Development of overviews of domestic and foreign products and the situation on the domestic market.
    • Organisation of technical and marketing assistance, arrangement of contacts abroad.
    • Monitoring and support of standardisation and legislative processes within the Czech Republic in spheres of common interest.
    • Organisation of joint professional events, etc.

Article 3: Membership

  1. Any natural person or corporate body doing business in the Czech Republic and pursuing activities that are in conformity with these Statutes may become a full member of the Association.
  2. Companies or persons that support the Association’s objectives and purpose may become honorary or affiliate members.
  3. Application for membership in the Association shall be delivered to the Chairman of the Association in writing. Membership can only be granted to entities that accept the approved Statutes of the Association and that can be expected to fulfil their obligations arising from the Association and whose admission is in the interest of the existing members of the Association. When a membership application is refused, the applicant may request, with due written rationale and within 1 month of receiving the decision on refusal, that its application be reviewed by the next Congress.
  4. Membership in the Association is terminated upon the announcement of bankruptcy proceedings, liquidation of the business or a written notice of dismissal with a half-year notice period as of 31 December of the respective year.
  5. Detecting misconduct or conduct in contradiction to the Statutes of the Association, or by resolution of the Association bodies, the Association Congress may expel a member by a separate resolution.
  6. An expelled member has no title to any assets of the Association.

Article 4: Rights and Obligations of Members

  1. All the full members of the Association have equal rights and obligations. They acquire equal amounts of professional information, advice and assistance from the Association when handling issues that are within the sphere of activity of the Association.
  2. Rights and obligations of full members do not apply to honorary and affiliate members. The Congress that approves their admission shall define their rights and obligations.
  3. Membership in the Association binds to promotion and implementation of the Association’s mission and purpose, consistent arrangement and execution of any adopted resolutions, and close cooperation with the Association management in fulfilling the Association’s main tasks.
  4. Members of the Association agree to provide the Association with information on production and products necessary for the execution of the Association’s tasks and, when needed, participate in work in the Expert Sections and working groups.
  5. Honorary and affiliate members of the Association agree to support the Association’s mission and purpose as part of their own activities.

Article 5: Association Bodies

The Association bodies are as follows:

  1. Congress
  2. Chairman
  3. Auditing Committee
  4. Expert Sections

Article 6: Congress

  1. The Congress is the supreme body of the Association. Each member of the Association has the right to participate in the Congress. Members present shall be recorded in an attendance sheet, which shall contain names and registered offices of corporate bodies and names and addresses of natural persons that are members of the Association.
  2. A member may choose to participate in the Congress in person or by proxy based on a written letter of authorisation.
  3. Each full member of the Association has 1 vote.
  4. The Chairman summons the Congress in writing. The Congress needs to be summoned if more than ¼ of the members request it, but no less than once a year, a month in advance. The Chairman sends the invitation together with the agenda, and sends any discussion papers 10 days before the Congress meeting.
  5. Each Congress that is duly summoned in accordance with these Statutes has a quorum if members possessing more than 75% of the votes are present.
  6. The Congress decides on motions to expand the agenda during the meeting by voting.
  7. The Congress decides by a qualified majority of the voices of those Association members present. A qualified majority means that at least three quarters of the voices of those members present have to be submitted in order to pass a decision.
  8. When necessary, a Congress decision may take place by means of Association members’ voting outside a Congress meeting (per rollam) in the form of a letter or e-mail (can be tentatively confirmed by fax or e-mail). Then, however, all the full members of the Association have to provide their position on the motion in writing by fax or e-mail, and the decision has to be passed unanimously.
  9. The Chairman leads the Congress; he shall appoint a deputy if too busy. Minutes shall be made on the course of each Congress, particularly on the conclusions and resolutions passed; the minutes shall be signed by the presiding member and one other member of the Association and distributed to all the members of the Association.
  10. The sphere of activity of the Congress includes primarily the following:
    • election of the Association Chairman for a 2-year period
    • election of the Auditing Committee for a 2-year period
    • establishment of Expert Sections and confirmation of appointment of their warrantors by the Chairman
    • approval of tasks for the current business year, the Association budget, annual accounts, the Chairman’s and the Auditing Committee’s reports on the Association’s activities and economy
    • removal of the Association Chairman
    • definition of the methods of Association funding, including remuneration for the Association Chairman
    • approval of amendments to Statutes
    • approval of the Election Rules
    • decision on the termination of the Association

Article 7: Chairman

  1. The Association Chairman manages the Association in between Congresses and reports to the Congress on his activity.
  2. The Chairman’s tasks include notably the following:
    • preparation of Congress meetings
    • assurance of implementation of Congress resolutions
    • managing the Association’s funds and assets
    • modifications to the budget within the approved total
    • approval of admission of new members following consultation with existing members
  3. The Association Chairman’s shall execute his duties until the next election. Re-election is permissible.
  4. When needed, the Chairman summons Association members for non-Congress meetings and manages such meetings. If absent, he shall appoint a deputy to manage a meeting. The meeting has to be duly summoned if requested by at least 75% of the Association members. Resolutions are passed by a qualified majority of the votes of those members present. In necessary cases that cannot be delayed, the Chairman may issue a resolution (per rollam) based on a written or tentatively confirmed (by fax or e-mail) approval of all the full members. Minutes shall be made from the meetings and signed by the meeting presiding member and one other member. The Chairman shall distribute the meeting minutes to all the Association members.
  5. The Chairman or a member authorised by the Chairman is authorised to represent the Association in person towards third parties.
  6. The Chairman or a member authorised by the Chairman is authorised to act on behalf of the Association in various bodies, sections and committees, such as the CECE.
  7. The Chairman appoints warrantors of the Expert Sections.

Article 8: Auditing Committee

  1. The Auditing Committee is the Association’s inspection body. It reports on its activity to the Congress; the Congress shall determine the number of its members and its composition.
  2. Above all, the Auditing Committee:
    • reviews the Association’s economic activities
    • points out any decisions made by the Chairman if in violation of the Statutes of the Association or generally binding regulations. It shall present its warnings to the Association Congress.

Article 9: Expert Sections

  1. The Association’s activity may be expanded by setting up Expert Sections based on the technical disciplines that implement the activities as per the Statutes.
  2. Association members work in Expert Sections based on their orientation.
  3. An Association member may work in multiple Expert Sections.
  4. By approval of the Association Chairman, Expert Sections dispatch their representatives to the expert committees and boards of the CECE and any other such associations, panels, etc.
  5. The Congress establishes Expert Sections and confirms the appointment of their warrantors by the Chairman. The warrantors shall coordinate and manage the work of each Expert Committee.
  6. The warrantors shall only provide Association members with the outcomes of the Expert Committee work in an agreed form; third parties may be provided the outcomes pursuant to Article 11, paragraph 3, of these Statutes.

Article 10: Funding, Economic Activity

  1. A budget and annual accounts have to be made for each business year, submitted to the Auditing Committee for approval and then discussed and approved by the Association Congress.
  2. The Association’s economic activity has to conform to generally binding regulations on the financial management of organisations.
  3. The Association’s activities are funded by billing costs of services provided for Association members.
  4. The Chairman or a member authorised by the Chairman shall keep payment records.
  5. The Chairman or a member authorised by the Chairman shall do the bookkeeping; it can also be done by an independent company based on a separate contract approved by the Congress.

Article 11: Confidentiality Concerning Concealment of Association Members’ Business Activities

  1. Association members and bodies and their collaborators shall hold all discussions impartially and shall keep any knowledge of the Association members’ business and operational conditions as well as any other important information about the Association in absolute secrecy.
  2. Observance of the confidentiality rule in connection with confidential materials and information within the Association applies to all the Association members, including after termination of their membership and activity in the Association bodies.
  3. Only such information and data may be disclosed that have been approved for disclosure by the Association Congress or the member to whom such information pertains.
  4. Passing information and data to Association members is not considered disclosure.
  5. The Congress shall decide on the method of recourse in the event of a breech of the confidentiality rule.

Article 12: Final Provisions

  1. Upon dissolution of the Association based on a Congress resolution, the Chairman and the Auditing Committee shall use the Association’s assets to cover any obligations.
  2. The Chairman and the Auditing Committee shall distribute any remaining balance among the Association members proportionately to the membership fees paid in the last 3 years.
  3. The applicable registration authority shall be informed about the Association dissolution.

Article 13:Validity of the Statues

These Statutes shall enter into force upon approval by the Association Congress and registration by the Ministry of the Interior of the Czech Republic.

Nové Město nad Metují, 16 July 2009

Approved by the Association Founding Congress.

 

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