Statutes

STATUTES OF THE ASSOCIATION

CHAPTER I

DENOMINATION, AIMS, ACTIVITIES, ADDRESS AND SCOPE.

Article1.- Denomination.

With the denomination of Association of Victims 11M, a nonprofit organization is constituted, under the protection of the Article 22 CE, which will be governed by the Organic Law 1/2002, of March 22 which regulates the right of association and concordant norms and those that at any time are applicable to it and by the current Statutes.

Article 2. -. Length

This association is constituted for an indefinite period.

Article 3. – Aims

Aims of the Association:

To protect the provision of the assistance of all kinds to the victims and to those affected by the terrorist attacks of March 11 in Madrid, as well as, to those victims of acts committed in the Spanish national territory, or Spaniard’s victims of terrorist actions committed outside the Spanish territory.

  1. To Inform and communicate to the victims and affected all the help channels from the different organisms and public administrations, private entities, associations or foundations.
  2. To process the requests and petitions from victims and their relatives before the different institutions (public or private) of local, regional, national or international scope and their respective representatives.
  3. To defend and facilitate the access of the victims and affected to the clinical health instances and to the entities that provide psychological, psychosocial and therapeutic Support
  4. Channel requests for legal and tax advice for victims and those affected by the terrorist attacks.
  5. To promote training courses and job placement programs, as well as to protect the labor and welfare rights of victims and affected.
  6. To schedule and organize cultural, touristic, sports and social activities within the framework of the association.
  7. Any other purpose that seeks to give help and service to the victims and those affected by the March 11 attacks in Madrid, and those victims of acts committed within the Spanish territory, as well as the Spanish victims of terrorist actions committed outside the national territory.
  8. Awareness and social consciousness against terrorsm.
  9. Cooperation and exchange of knowledge between analogous existing bodies (associations, foundations, etc. . .).
  10. To develop social action projects that collaborate in the execution and optimization of the previous purposes.
  11. To provide technical assistance to the governments of countries that need the necessary help after a terrorist act due to their special situation of vulnerability or lack of necessary resources.

Article 4. – Activities

To the fulfillment of the aims, the following activities will be carried out:

  1. Information and communication programs aimed at the legitimate defense of the rights of the victims and those affected on March 11, and those victims of acts committed within the Spanish territory, as well as the Spanish Victims of terrorist actions committed outside the national territory. As well as to raise social awareness against the terrorist threat, condemning terrorism in all its forms. To channel health and psychological assistance and legal and administrative advice.
  2. Development of cultural, touristic, sports and social activities, as well as training and discussion forums, seminars and conferences.
  3. Start-up of a website and social nets to the disclosure of activities and the interrelation between partners and stakeholders.
  4. To facilitate training courses (self-managed or through other entities) and actions for labor insertion (job board, business prospecting, socio-labor orientation, etc.).
  5. Social reintegration programs for Victims.
  6. Public events aimed to awaken feelings of solidarity with the Victims

Article 5.- Address and Scope.

The Association establishes its registered office at Villaamil street number 12, down floor H, Madrid municipality, province of Madrid, Postal Code 28039; and its scope of action includes the Spanish territory.

CHAPTER II

GOVERNING BODY OF THE ASSOCIATION

Artícle 6.- Governing and representatives bodies of the association.

The governing and representative bodies of the Association are, respectively, the General Assembly and the Board of Directors.

CHAPTER III

GENERAL ASSEMBLY

Artícle 7.- Nature

The General Assembly is the supreme governing body of the Association and will be composed of all the associates.

Article 8.- Meetings

The General Assembly meetings will be ordinary and extraordinary. The ordinary meetings will be held twice a year, in the second and last quarter of the year; The extraordinary meetings, in the cases foreseen by the law, previous convocation from the Board of Directors or when it is requested by write from a number of associates not less than 10 per 100.

Article 9.- Convocations

The convocations of the General Assemblies, both ordinary and extraordinary, will be made in writing, stating the place, date and time of the meeting, as well as the order of the day. Between the convocation and the designated day for the celebration of the Assembly, in the first convocation will have to elapse at least 10 days, it may also be recorded the date on which the Assembly will meet on the second convocation, without between both convocations elapse a period less than half an hour.

For urgent reasons, the mentioned deadlines can be reduced.

Article 10.- Quorum for constitution validity and adoption of resolutions.

The General Assemblies, both ordinary and extraordinary, will be legally constituted when at least one-third of the associates, present or represented, with voting rights attend them.

Agreements will be taken by simple majority of votes from present or represented people, except in the cases of modification of statutes, dissolution of the association, disposition or transfer of assets or remuneration of the members from the Board of Directors, where it will be necessary a 2/3 majority votes of the present or represented people, deciding in case of a tie the quality vote of the President, or whoever does the times.

Article 11.- Ordinary General Assembly faculties

Ordinary General Assembly faculties are:

The appointment of the Board of Directors and their positions, administrators, and representatives, as well as their honor partners.

  1. To examine and approve annual budgets and accounts.
  2. To approve, where appropriate, the management of the Board of Directors.
  3. To set ordinary or extraordinary fees.
  4. Agreement to constitute a Federation of Associations or to be integrated into any existed.
  5. To request the declaration of public utility.
  6. Disposition and alienation of goods.
  7. To approve the Internal Regime Regulations.
  8. The Board of Directors Remuneration, if applicable
  9. Any other that is not within the exclusive competence of the Extraordinary Assembly.

Article 12.- Extraordinary General Assembly faculties.

Corresponds to the extraordinary general assembly the amendment of the Statutes, the formulation of accounts, the expulsion of members at the proposal of the Board of Directors, the constitution of or integration into Federations, and the dissolution of the Association.

CHAPTER IV

BOARD OF DIRECTORS

Article 13.- Nature and composition.

The Board of Directors is the representative body that manages and represents the interests of the Association in accordance with the provisions and directives of the General Assembly. It shall consist of a President, a Vice-President, a General Secretary, a Treasurer and Members, appointed by the General Assembly among the legal age associates, in full use of their civil rights who are not involved in grounds of legal incompatibility Established. His term of office will last for 2 years.

The Board of Directors position is voluntary and is exercised free of charge, however, the expenses and decreases that are duly justified and that arise from the exercise of the positions can be reimbursed. 

The President, Vice-President and The General Secretary of the Board of Directors, shall also be President, Vice-President and General Secretary of the Association and of the General Assembly

Article 14.- Procedures for the election and members replacement. 

The election of Board of Directors members by the General Assembly will be made through the submission of nominations, where the proper dissemination will be allowed, 30 days before the corresponding meeting.

In case of absence or illness of any member from the Board of Directors, it may be provisionally replaced by another member of the Board, prior appointment by a majority of its members, except in the case of the President who will be replaced by the Vice President. 

The Board of Directots shall cease:

  1. Throughout the period of his term.
  2. By express waiving.
  3. By  the general assembly agreement

The   Board of Directors members that have exhausted the term for which they were elected, will continue to hold their positions, until the moment when the acceptance of those who substitute them takes place.

Article 15.- Meetings , quorum of constitution and adoption of agreements.

The Board of Directors shall meet upon convocation, having to mediate at least three days between it and its holding, as often as determined by its Chairman and at the request of the qualified majority of its members. It shall be constituted when half more than one of its members attends its and for its agreements to be valid they must be adopted by a majority vote. In the event of a tie, the vote of the President or the person who does his times will be of quality.

Article 16.- Faculties of the Board of Directors.

The Board of Directors faculties are:

  1. Direct social activities and take the economic and administrative management of the Association, agreeing to carry out the appropriate contracts and acts, without prejudice to the provisions of article 10.
  2. To execute the agreements of the General Assembly.
  3. To prepare and submit for approval by the General Assembly the annual budgets and Accounts.
  4. To prepare, where appropriate, the Internal Regulations. 
  5. To resolve on the admission of new associaties.
  6. To propose the expell of partners. 
  7. Order payments 
  8. To appoint delegates for some specific activity in the Association.
  9. Any other faculty that is not of the exclusive competence of te Geneneral Assembly.

Article 17.- The president. 

The president will have the following attributions: 

  1. Legal representation of the Association before all kinds of public or private bodies.
  2. Convene, preside over and hold the sessions held by the General Assembly and the Board of Directors.
  3. Direct the deliberations of one and the other.
  4. Authorize  and sign the documents, minutes and correspondence.
  5. Custody the funds along with the Vice-president and the treasurer.
  6. Adopt any urgent action that the smooth running of the Association advises, is necessary or appropriate for the conduct of its activities, without prejudice to subsequently giving account to the Board of Directors.

Article 18.- The Vice-President.

The Vice-President shall replace the President in his absence, motivated by illness or any other reason, and shall have the same powers as the president.

Article 19.- The General Secretary

The General Secretary shall be responsible for the management and the administrative work of the Association, issue certifications, carry the files and guard the documentation of the entity, forwarding, where appropriate, communications to the Administration, with the relevant requirements. 

Article 20.- The Treasurer. 

The Treasurer will raise the funds belonging to the association and comply with the order of payment issued by the Board of Directors.

Article 21.- The Members. 

The members shall have their own duties as members of the Board of Directors, as well as, those that rise from the delegations or working committees entrusted to them by the Board itself.

CHAPTER V 

ASSOCIATED

Article 22.- Requirements to associate

Legal age people may belong to the association, with the capacity to act and not be subject to legal status that prevents it, affected in one way or another by the terrorist attack of  March 11th, 2004, and those of acts committed on Spanish territory, as well as, Spaniards who are victims of terrorist actions committed outside the national territory. Whenever they requested and be identified with the purposes of the Association.

Article 23.- Class of Associates  

The following partner classes will exist: 

  1. Founders, who will be those who participate in the act of constitution of the association.
  2. Of number, which will be those who enter after the constitution of the association.
  3. Of honor, those who, for their prestige or for having contributed in a relevant way to the purposes of the Association, are credited to such a distinction. 
  4. Juvenile Associates: affected minors  will be represented by their father, mother or guardian for their right to vote.
  5. Supporters, who will be those who, without having been directly or indirectly affected, agree to the purposes of the association and want to be part of it.

Article 24.- Causes of loss of associate status

Associate status will be lost for any of the following reasons:

  1. By voluntary resignation, communicated in writing to the Board of Directors.
  2. For non-compliance with its economic obligations, if it ceases to meet periodic quotas (if any).
  3. For misconduct, for discrediting the Association with facts or words that seriously disturb the acts organized by it and the normal coexistence between the associates.

In the supposed cases of sanctioning and separation of the associate, the affected partner shall be informed of the facts that may give rise to such measures and shall be heard in advance, and the agreement which, in that sense, is adopted, must be reasoned. 

Article 25.- Rights of associates

Number Associates and Founders shall have the following rights:

  1. To participate in the association activities and in the governing and representative bodies.
  2. Exercise the right to vote, as well as attend the General Assembly.
  3. Be electors and eligible for managerial positions. 
  4. Be informed about the composition of the governing bodies and representation of the association, its statement of accounts and the development of its activity. 
  5. Be heard prior to any disciplinary action against it. 
  6. To challenge the agreements of the bodies of the association which it deems contrary to the law or statutes. 
  7. Make suggestions to the  Board of Directors members to the better fulfillment of the purposes of the Association.

Honorary associates, supporters and minors shall have the same rights except for the right to voice and vote in the General Assembly and to participate in the Board of Directors of the Association.

Article 26.- Duties of associates

The founding associates and those of number will have the following responsibility:

  1. Share the aims of the association and collaborate to achieve them.
  2. Pay the fees, spills and other contributions that, according to the statutes, may correspond to each associate, except those of honour. 
  3. Comply with all other obligations resulting from the statutory provisions. 
  4. To abide by and comply with the valid agreements adopted by the governing and representative bodies of the association.
  5. Assiduously Attending to the Assemblies and other acts that are organized.

CHAPTER VI

REGIM OF FINANCING, CONTABILITY AND DOCUMENTATION  

Article 27.- Documentary and accounting obligations

The Association will have an up-to-date associate relationship. It will also keep an accounting where the faithful image of the estate, the results, the financial situation of the entity and the activities carried out will be reflected. It will also have an up-to-date inventory of its goods.

A Book of Minutes shall contain meetings held by its governing and representative bodies. 

Article 28.- Economic Resources 

The economic foreseen resources for the development of the aids and activities of the Association shall be as follows:

  1. Entry fees, periodic or extraordinary.
  2. Grants, legacies or inheritances that the association may receive legally from associates or third parties.
  3. Any other lawful remedies.

For the extraction of funds from the banks where the Association has deposited them, the signature must be recognized in the bank by the President, Vice President and Treasurer, for the common use of at least two firms. 

Article 29.- Initial assets and Closing of The Year

The Association lacks  initial assets. 

The closing of the associative fiscal year will coincide with the last day of the calendar year.

CHAPTER VII 

Dissolution 

Article 30.- Dissolution agreement

The association shall be dissolved:

  1. At the will of the partners expressed by agreement of the General Assembly.
  2. For the impossibility of fulfilling the aids laid down in the statutes assessed by agreement of the General Assembly. 
  3. By court ruling.

The dissolution agreement shall be adopted by the Extraordinary General Assembly, convened for that purpose, by a majority of 2/3 of the partners. 

Article 31.- Liquidating Commission

In case of dissolution, a liquidating commission shall be appointed, which, once the debts have been extinguished, and if a remnant exists, will allocate it for non-profit purposes. 

Liquidators shall have the functions laid down in paragraphs 3 and 4 of Article 18 of the Organic Law 1/2002 of 22 March.