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INTERAMERICAN FEDERATION OF PHILATELY (F.I.A.F.) BYLAWS
2011
CHAPTER I
NAME, ADDRESS AND PURPOSE
Article 1:
Name and Address
With the name FEDERACIÓN INTERAMERICANA DE FILATELIA, F.I.A.F., on November 8, 1968, a cultural not for profit entity was constituted, with legal address in the city of Santa Fe de Bogotá, Republic of Colombia.
Article 2:
Purpose
Its mission is:
2.1. To bring together the Entities representing the philatelic activities in the countries of the American Continent.
2.2. To collaborate with all the International Philatelic Organizations, and specially with the International Federation of Philately, FIP.
2.3. To maintain institutional contacts with the Postal Administrations of the countries represented in this Federation.
2.4. To promote the development of stamp collecting and philately in the American Continent.
2.5. To sponsor, auspice and/or support Philatelic Exhibitions in the American Continent and in the member countries, subject to the compliance with the regulations.
2.6. To take charge of the printing of publications of philatelic interest whose themes are related to the philately represented in the Federation.
2.7. To facilitate the formation and training of Continental Jurors.
2.8. To defend and/or present at International Philatelic Forums the interests and goals of American Philately.
2.9. To encourage the presentation of Philatelic Congresses and Seminars in the countries where the Federation has Member Entities.
2.10. To recommend that Postal Administrations
in the Member countries abstain from releasing speculative or abusive postal issues as defined by the norms of the Universal Postal Union, UPU, recognized by the FIP and according to the criteria of this Federation.
CHAPTER II
CAPACITY, PATRIMONY AND RESOURCES
Article 3:
Capacity
The Federation has the capacity to acquire goods and enter into contracts, and it can operate with banks or financial, official or private entities.
Article 4:
Patrimony and resources
The patrimony of the Federation is made up of the real estate and furniture that it presently has, and those acquired in the future by any means, and the resources obtained by:
4.1. Ordinary dues and extraordinary dues paid by the Member Entities.
4.2. Donations, inheritances, legacies and subventions.
4.3. Income from its goods.
4.4. Every other economic resource that could be licitly obtained in accordance to the not for profit nature of the Institution.
CHAPTER III
MEMBERS; CONDITIONS FOR ADMITTANCE AND DISCIPLINARY REGIME
Article 5:
Membership
The following member Entity categories are established:
5.1. REGULAR MEMBERSHIP:
Regular Membership should be given to the National Federations of National Societies within a country. A country shall be defined as a self-governing entity that issues its own postage stamps. A National Federation or Society should:
5.1.1. Present its membership application during the annual Assembly.
5.1.2. Be legally constituted in its country.
5.1.3. Provide an address in the territory and an electronic address for the Federation or Society.
5.1.4. Provide a list of its directors and the members of the board of directors, including their address in the territory and their electronic address.
5.1.5. Give the number of members in the organization
It would be ideal, although it is not necessary, that the Federation or Society:
5.1.6. Realize a periodic publication for its members.
5.1.7. Realize national exhibitions, from time to time.
5.1.8. Has a relationship with and receives support from its Postal Department .
5.2. CORRESPONDING:
Is for the National Federations or the country’s most representative National Philatelic Institution, when the former has not been constituted, FIP members with whom there are traditional ties of historical or cultural nature, as long as they are accepted by this Federation’s Assembly. For this they have to be full members of their respective Continental Federations.
5.2.1. In the same way will be accepted the National Federations or in their absence the country’s most representative National Philatelic Institution in whose Continent a Federation to group them has not been formed and until one is formed. For this they have to be accepted by this Federation’s Assembly and be FIP
Members.
Article 6:
Condition for admission
Only one Entity from each country can be accepted as member of the Federation. It will be the Federation’s Assembly that determines which Philatelic Entity is the most representative of the country it tries to represent.
Article 7:
The Federations or most representative Philatelic Entities that wish to incorporate, in the conditions determined in the Articles 5 and 6 of the present bylaws, should present their application in writing to the FIAF Presidency with at least sixty (60) days prior to the date of the first Assembly to be held, which will decide by a voting majority.
Article 8:
Rights and obligations
Active Members have the following obligations and rights:
8.1. Pay ordinary and extraordinary dues established by the Assembly.
8.2. Fulfill the rest of the obligations imposed by the Bylaws, the resolutions, regulations and decisions established by statute.
8.3. Participate, with voice and vote in the Assemblies when they
have reached one (1) year of membership.
8.4. Integrate, through a representative, the Commissions.
8.5. Enjoy the benefits granted by the Federation
Article 9:
Corresponding Members have the rights and obligations established in Article 8, entries 8.1, 8.2 and 8.5 of the current Bylaws. At the Assemblies they shall have the right to participate with voice and vote after they have been in the FIAF for a period of one (1) year.
Article 10:
Loss of membership status
The member entity that no longer meets the conditions required by these Bylaws will lose its membership status. The Member Entity that fails to pay two (2) of its dues, or any other established contribution, will be notified of its irrefutable obligation to be up to date with the Treasury. If the situation has not been resolved after one month from the date
of notice, the Executive Council could terminate entity in arrears. Membership could also be lost due to resignation or expulsion.
Article 11:
Disciplinary sanctions
11.1.The Executive Council may apply the following sanctions:
11.1.1. AmonestaciónReprimand.
11.1.2. Suspension, whose maximum period may not exceed one (1) year, and
11.1.3. Expulsion.
11.2. These sanctions will be graduated according to the gravity of the offense and the circumstances of the case, for the following causes:
11.2.1. Failure to meet the obligations determined by the Bylaws and regulation, resolutions and/or decisions adopted by the statutes.
11.2.2. Notoriously bad conduct.
11.2.3. To voluntarily harm the Federation and maintain attitudes that are deleterious to its
interests and goals.
11.2.4. Notoriously bad behavior by the Active Member affiliates against this Federation which are allowed or encouraged without taking corrective measures.
Article 12:
The sanctions referred to in the previous article will be resolved by the Executive Council, following a defense by the accused Entity. In every case the affected party may request, within thirty (30) days of being notified of the sanction, an appeal before the first Assembly to be held. This request will result in a suspension of the sanction. In case a representative
of the sanctioned entity is occupying a position in the Board of Directors, he or she may be temporarily excuse until the issue is resolved by the Assembly.
CHAPTER IV
EXECUTIVE COUNCIL AND EXECUTIVE CONTROL
Article 13:
Executive Council
The Federation will be headed and administered by an Executive Council formed by nine (9) members, who will have the following positions:
- President
- First Vice President
- Second Vice Presidente
- Secrety
- Treasurer
- Four (4) Directors
Their mandates will last four (4) years and they can be reelected only one more time. In every cases these mandates can only be revoked by the Assembly.
The Immediate Past President by his or her own right, in accordance to Article 23 of these bylaws and regardless of nationality, will also be part of the Executive Council.
The Auditors may participate during the meetings of the Executive Council, as members without a right to vote.
Article 14:
Executive Control
There will be executive control formed by two members. Their mandates will last four (4) years and they may be reelected.
Article 15:
Requisites to be part of the Board of Directors
15.1. To belong to the Board of Directors one has to be a resident of one of the countries whose Philatelic Entities form part of FIAF as Active Members and have the backing of the Federated Member. See Article 15.3.
15.2. With the exception of the President and the Secretary, the rest of the members of the Board of Directors must be from different countries.
15.3. Candidates must be backed up in writing, by the Member Entity that they represent, unless it is its President or its Vice President who has been designated Delegate of the Member Entity before the Continental Federation and as long as this mandate has not been revoked.
Article 16:
Replacements
In case of resignation, death, or any other reason there is a vacancy of an elected member in the Board of Directors or the Audit Committee, the Board will appoint a replacement for the rest of the term of that position, unless it is otherwise specified in these bylaws.
Article 17:
From the Executive Council
The duties and attributions of the Executive Council are.
17.1. To Direct and Administer, subject to these Bylaws.
17.2. To execute the resolutions of the Assembly, to follow and enforce the compliance of these Bylaws and the stated Regulations, to interpret them in case of doubts,
and to report to the first upcoming Assembly.
17.3. To convene Ordinary and Extraordinary Assemblies.
17.4. To sanction the member entities in accordance to what is authorized by these Bylaws.
17.5. To present to the annual Ordinary Assembly the Agenda, Memorial,
General Balance, Inventory, Expense and Income Report, and report of the Executive Control. All of these documents shall be made available to its affiliates sixty (60) days prior to the date of the Assembly.
17.6. To dictate the internal regulations necessary to carry out the goals of the Federation, that should be approved by the Assembly.
17.7. To create and integrate Commissions for
the completion and the development of the goals of the Federation.
17.8. To grant sponsorship, auspice or support, to exhibitions as well as displays and/or activities of philatelic interest whenever it is requested by Members and shall present it to the first Assembly form its ratification. Members of the Board can be consulted by electronic means when no meetings are scheduled. See Article 25.3.
Article 18:
From the Executive Control
The Executive Control will have the following attributes and duties:
18.1. To permanently control the accounting documentation, supervising the administration and checking the status of the treasury, as well as the existence of funds, titles and other valuables.
18.2. To verify the compliance with the Bylaws and regulations.
18.3. To annually rule on the Memorial, Inventory, General Balance, and expense and Income
report presented by the Executive Council
18.4. To convene an Ordinary Assembly if the Executive Council does not do it, after obtaining its relevant information, for el term of thirty (30) days.
18.5. To solicit to convene an Extraordinary Assembly when it deems necessary, directly convening it if the Executive Council does not do it .
CHAPTER V
FROM THE PRESIDENT AND VICE PRESIDENT
Article 19:
From the President. Rights and Duties.
Corresponde al Presidente o a quien lo reemplace estatutariamente:
19.1. To carry out the representation of the FIAF in all of its acts.
19.2. To call for the Assemblies and convene the meetings of the Executive Council..
19.3. To sign with the Secretary all the documentation and official correspondence.
19.4. To authorize the Treasurer the Expense Account, signing the receipts and additional documentation of the Treasury, not allowing the investment
of funds for purposes other than what is prescribed in this Bylaw .
19.5. To maintain accounts in Official or Private Banking institutions in the name of the Federation accessible to the President, Treasurer and Secretary, each of whom may operate with their individual signature. To conduct, realize and subscribe in the same way every type of transaction and banking contract. In case of the situation foreseen
in Article 22.8., the accounts will be kept in Canada and the operations shall proceed as stated.
19.6. To preside with voice and vote, the meetings of the Executive Council.
19.7.To preside over the Assemblies without the right to vote, except when there is a tie.
19.8. To watch for the well-being and management of the Federation ensuring that the Bylaws, Regulations and the resolutions of the Assemblies and the Executive
Council are followed.
19.9. To occupy the position of Immediate Past President during the presidential mandate that follows his or hers, being able to continue in that capacity if the successor is reelected .
Article 20:
From the Vice President. Rights and Duties
The First Vice President shall replace the President in case of the latter’s temporary or permanent absence, with the same attributions established in this Bylaw. In case the First Vice President is absent, the Second Vice President will assume this post with the same attributions. Also, it is a shared responsibility for both Vice Presidents to control the existing
Commissions and those to be created.
CHAPTER VI
FROM THE SECRETARY
Article 21:
Rights and Duties
It is expected from the Secretary or the person who replaces him or her by statute:
21.1. To attend the meetings of the Executive Council, with voice and vote transcribing the respective minutes, that will be placed in the corresponding book and will be signed with the President.
21.2. To attend the Assemblies, without
the right to vote, transcribing the respective minutes.
21.3. To sign the correspondence all the official documents with the President..
21.4. To organize the documents to be sent to the Assembly .
CHAPTER VII
DEL TESORERO
Article 22:
Rights and Duties
It corresponds to the Treasurer or to his or her replacement by statute:
22.1. To attend the Executive Council meetings, with voice and vote.
22.2. To attend the Assemblies without the right to vote
22.3. To keep the accounting books.
22.4. To supervise the collection of regular and extraordinary dues.
22.5. To present to the Executive Council the General Balance and the Expense and Income
Report to be approved before it is presented to be considered in the next Assembly .
22.6. To deposit in a Banking institution in the name of the Federation and under the control of the President, Secretary and Treasurer, whose funds may be accessed by either one of them independently, for an amount to be determined by the Executive Council.
22.7. To report the economic and financial status of the Institution to the Executive Council and to the Executive Control whenever it is requested.
22.8. Since the Federation has established an account in a Canadian Banking institution, when the Treasurer does not reside in said country, then account will be kept by the Royal Philatelic Society of Canada, for the sake of continuity, which will be done automatically according to what is established in this article when it is relevant and
especially to what is determined in Article 22.6. This does not rule out that the Executive Council may choose another country.
CHAPTER VIII
FROM THE BOARD MEMBERS AND IMMEDIATE PAST PRESIDENT
Article 23:
Attributions and Duties
23.1. It corresponds to the Board Members:
23.1.1. To attend the Executive Council meetings, with voice and vote
23.1.2. To attend the Assemblies without the right to vote.
23.1.3. To carry out the tasks and commissions assigned by the Executive Council.
23.2. It corresponds
to the Immediate Past President:
23.2.1. To attend the Executive Council meetings, with voice and vote.
23.2.2. To attend the Assemblies without the right to vote.
23.2.3. To carry out the tasks and commissions required by the Executive Council. .
CHAPTER IX
FROM THE ASSEMBLIES
Article 24:
Classes
There will be two classes of Assemblies:
24.1. Ordinary
The Ordinary Assembly will take place annually, preferably in the American Continent, at the time and place determined in the previous Assembly.
In case the Assembly cannot take place as indicated, it will be held in the city of Santa Fe de Bogota, Republic of Colombia, FIAF host city, at a date selected by the Council Executive, unless a Member Entity offers to host it .
24.2. Extraordinary
Extra-ordinary Assemblies will be called for by the Executive Council when it is felt to be necessary or when it is requested by the Executive Control or by twenty percent (20 %) of the Active Member Entities. These requests have to be answered within thirty (30) days and the Assembly should take place, if possible, within the following sixty (60) days .
24.3. Invitations
24.3.1. When a Member Entity makes an invitation for the Assembly to be held in their country, it should pay for the required expenses, including the room and board of the Council Members, the Delegates and the Presidents of the Technical Commissions for three days, as much as possible. Transportation does not have to be paid.
24.3.2. When a Member Entity organizes an Exhibition in its country under the FIAF sponsorship, the Assembly will take place at the same time, in order to take advantage of the presence of the largest possible number of delegates from member countries, covering the expenses according to what is established in the previous section. An exception
will be if the Assembly chooses another site when offered by another Member Entity.
Article 25:
From the Ordinary Assemblies
The Ordinary Assemblies will deal with the following items:
25.1. Consider, approve or modify the Memory, General Balance, Inventory and Income and Expense Report, and report of the Executive Control pertaining to the previous period. Each period will start on January 1 and end on December 31 of each year.
25.2. Elect the Committee Members every other year.
25.3. Ratify the sponsorship, auspice or support of exhibitions and/or philatelic displays or
activities of philatelic interest when given by the Executive Council in accordance withArticle 17.8.
25.4. Determine the ordinary and extraordinary dues, if necessary, which shall be administered by the Council Executive. The Active Member Entities may contribute more than the established amount according to this entry. In every case, the dues and donations have to be finalized with the first four months of the start of each new period.
25.5. Deal with the reforms to the bylaws, when proposed by any of the Member Entities or by the Executive Council itself, in order to adapt them to the new changing circumstances.
25.6. Address the issues presented sixty (60) days in advance by at least twenty percent (20 %) of the Active Member Entities, unless the totality of the Active Member Entities salvo are present in the Assembly and the incorporation of the subject is voted unanimously.
Article 26:
Validity
26.1. The Assemblies will officially take place, even in the case of reforms to the Bylaws, regardless of the number of Active Member Entities present, half an hour after the time stated in the announcement, unless the an absolute majority of affiliates with right to vote have already gathered.
26.2. It shall be presided by the FIAF President or in his/her absence, by the Vice President, or if not available by a person designated by the majority of the Assembly. Whoever exerts the Presidency will only have the right to vote in case of a tie.
Article 27:
Decisions
27.1. The resolutions and decisions will be adopted by simple majority of the secret votes casted.
27.2. In case or recognized urgency, the Executive Council may resort to a vote by mail.
27.3. No Member Entity may have more than one (1) vote and the members of the Executive Council and the Executive Control may
not be able to vote on the issues that they are dealing with.
27.4. The Delegates that arrive after the start of the Assembly may only vote on the issues not previously resolved .
Article 28:
Representation
Each Member Entity may be represented by an established Delegate and a substitute. These Delegates shall be appointed by the organization they represent, that must communicate their designation to the Secretary of the FIAF, in writing on the entity’s letterhead signed by its highest authorities, with at least thirty (30) days prior to the date of the respective Assembly.
Article 29:
Elections
When the Assemblies are convened to elect the Members of the Board, this is the procedure to be followed:
29.1. The lists of candidates shall be presented with at least forty five (45) days prior to the date established for the elections.
29.2. For the realization of the elections, the Executive Council will send to the Member Entities the lists of proposed candidates with at least thirty (30) days prior to the date of the elections.
29.3. LThe Assembly shall appoint a Supervising Electoral Board formed by three members, elected among the Delegates of Active Member Entities that are not represented in the Executive Council.
Such Board will reach its decisions by an absolute majority of votes from those present and has the responsibility to oversee the election process
and to solve any issues that arise about it .
29.4. The election shall take place by secret vote and by simple majority of the votes that are cast during the Assembly.
In case of a tie another vote between the delegates present at the moment .
Article 30:
Power of Representation
The Delegates present at the Assembly may only assume the representation of up to two (2) Member Entities. To that effect it will be according to what is stated in Article 28 of these Bylaws.
CHAPTER X
THE OFFICIAL LANGUAGE
Article 31:
Writing of the documents
31.1. The Bylaws and the Regulations will be written in the Spanish, Portuguese and English languages.
31.2. In case of differences in interpretation due to translation, the text in the
Spanish language will prevail and shall be interpreted according to the laws in the Republic of Colombia.
31.3. The documentation presented to the Assemblies and their Minutes shall be written
in Spanish .
CHAPTER XI
OF THE DISSOLUTION AND LIQUIDATION OF THE FIAF
Article 32:
Common Dispositions
32.1. The Assembly may not decide the dissolution of the Federation as long as there are enough Active Member
Entities committed to support it and that allow for its regular functioning.
32.2. If the dissolution becomes effective, liquidators may be appointed such as the Executive Council itself or those designated for
that purpose by the Assembly.
32.3. The Executive Control shall oversee the liquidation process.
32.4. Once the debts have been paid, the remaining goods shall be destined to a not for profit philatelic institution for the common good. The beneficiary shall be designated by the Dissolution Assembly .
CHAPTER XII
GENERAL DISPOSITIONS
Article 33:
Knowledge of the Dispositions
NNo Member Entity may claim lack of knowledge of these Bylaws and of the Regulations and resolutions that come out of it in order to elude the responsibilities that may pertain to them for violation of such norm.
Article 34:
Reflex Responsibilities
34.1. The FIAF will not incur any responsibility, legal o financial, related with any exhibition or activity that has received it sponsorship, auspice or support.
34.2. The members of the Executive Council and of the Commissions may not commit the FIAF to any responsibility, legal o financial, without prior approval by the Assembly.
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