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History Statute
HISTORY
On the initiative of employers
from 17 companies from the mining sector - 3 from geology, 6
from ore mining, 3 from uranium mining, 3 from the mining of
natural minerals and rock decorative materials, and 2 from mining
construction, on 9 August 1991, a Branch
Union was established of the employers from the sectors of geology,
ore mining, uranium mining, natural minerals and rock decorative
materials, and mining construction.
This was an attempt to put up an organized resistance to the
extremely active trade union actions in that sector and the
progressive withdrawal of the State from the problems, which
had emerged in the companies.
An interim Board of Managers comprised: Chairman
- Lachezar Tsotsorkov, Managing Director of "Asarel-Medet",
Vice-Chairman - Haralampi
Dragiev - Interim Manager of "Gorubso", Petar
Kazandziev - Manager of "Vatia", Kiril
Gradev - Manager of "Bulgarigranite", and
Secretary Petar Petrov, Managing Director of "Georesource".
The task of the interim Board of Managers was to legitimize
the new structure before the public and to popularize its purposes,
to seek co-operation with the ministries with the purpose of
attracting all companies within the branch, to prepare a constituent
assembly and provide for the registration of the Association.
Through a period of 3 months, the interim Board of Managers
prepared the Statute of the Association, gained the support
of the Ministries, including that of Energy, popularized its
aims and tasks among the companies from the branch, established
contacts and specified principles for cooperation with the central
bodies of the mining trade unions.
The General Constituent Assembly of the Branch
Chamber was held on 20.11.1991. Employers from 43 companies
from the branch took part in it - 4 from geology, 8 from coal
mining, 10 from ore mining, 9 from uranium mining, 3 from natural
resources mining, 1 from the mining of rock facing materials,
8 from mining construction.
The Assembly approved the Statute of the Association called
Bulgarian Branch Chamber of the commercial companies from the
sectors of exploration, mining and processing of mineral resources;
it elected Governing Council of 7 members
- Lachezar Tsotsorkov (ore mining)
- from Chairman and members:
Toncho Valkanov (uranium mining),
Dimitar Ruschev (coal mining), Serafim
Elenkov (rock mining), Nikolay Valkanov
(mining construction).
By decision of 30.06.1992, the Sofia City Court of Justice enrolled
the Association, its Statute and managing bodies in the Court
Register.
The decision on company case 2701 is under batch No 495 and
is in volume VIII, section V, p. 157.
In 2001, in accordance with the new Law for Legal
Non-Profit Making Persons, the Association was re-registered
and enrolled with its brief name: Bulgarian Chamber of Mining and Geology.
By now, the members of the Bulgarian Chamber of Mining and Geology are 69 commercial companies from the sectors
of geology, mining and processing of coal, ores, industrial
raw materials, rock facing materials and decorative rocks, research,
designing and engineering related to the mining sector, mining
construction, trade with products from the mining industry.
The personnel employed in these companies amounts to over 35
000 people. More than 90 per cent of the companies are private
and the rest (mainly from coal mining) are in the process of
privatization and restructuring.
The Bulgarian Chamber of Mining and Geology is a voluntary
(non-governmental) organization of the employers from the mining
sector and is an associate member of the Bulgarian Industrial
Association.
Since November 1999 it has also been an associate member of
the European Association of Mining Industries,
Metal Ores & Industrial Minerals - EUROMINES seated in
Brussels, of EURACOAL (European
Association for Coal and Lignite's) and of CEPMC
(Council of European Producers of Materials for Construction).
The Bulgarian Chamber of Mining and Geology has
signed agreements for cooperation with the mining chambers of
Mexico, USA, SAR and Sweden.
The basic aims of the Bulgarian Chamber of Mining and Geology
stated in the Association's Statute are:
to enhance the transition
towards a market economy;
- to prompt and encourage
its members in their activities;
- to represent its members
and stand for their interests.
The main partners of the Bulgarian Chamber of Mining and Geology are:
- the State institutions
(ministries) linked with the mining industry, such as the Ministry of Economy and Energy (for the successful restructuring of the companies from the sectors of geology, ore mining, coal mining, uranium mining in liquidation, production and processing of mineral resources, production and processing of rock facing materials, trading with mineral resources, mining research and design, mining and energy construction), the Ministry of Environment and Waters (for the strategy and financing of geological survey activities, the protection and preservation of the bowels of the earth), the Ministry for Regional Development and Public Works (the production and processing of building materials and decorative rocks), the Ministry of Finance (for the budgetary financing of liquidation and reclamation work on mining sites, subsidies, customs and fiscal policies for the branch), the Ministry of Education and Science (for the training of high-school and university degree holders for the branch, recruitment and new jobs), the Ministry of Labour and Social Policies (programmes for alternative employment of workers and specialists dismissed from the branch, programmes for creating conditions for safe and healthy conditions at work), the Privatization Agency (privatization of the assets within the branch), the Parliament - Committee for the Economy, Committee for the Energetics (branch-related legislation), with the regional authorities and the mayor’s offices in the mining regions (for the development and smooth restructuring of the sector).
the miners' trade unions
- Federation of the Independent Miners' Union with the Confederation
of the Independent Trade unions in Bulgaria and the Miners'
Trade Union Federation "Podkrepa" - for the social
relations between employers and employees within the branch,
collective labour contracting in the branch, Social Cooperation
Committee, Branch Council on Labour Conditions.
The Bulgarian Chamber of Mining and Geology works in close cooperation with
the rest of the non-governmental organizations from the branch:
the Scientific and Technical Union for Mining and Geology, the
Bulgarian Geological Society, the Association "Coal Mining",
the Branch Chambers for Ferrous and Non-Ferrous Metallurgy,
the Bulgarian Chamber for Building.
The logo (symbol) of the Bulgarian Chamber of Mining and Geology displays a stylized miner's lamp in the basic colours
of yellow - the symbol of light, and black - the symbol of the
darkness in the bowels of the earth.
The patron of Bulgarian miners and the Bulgarian Chamber of Mining and Geology
is St. Ivan Rilsky, and the day of his succession (death) -
18 August) - is commemorated as the Professional Day of the
Miner. Each year on that day, the Bulgarian Chamber of Mining and Geology organizes
a nation-wide celebration of the Professional Day, and diplomas
are awarded to the most successful companies in the various
sub-sectors.
The Bulgarian Chamber of Mining and Geology is governed by
the General Assembly, which elects the Governing Council, consisting
of 15 members and comprises representatives of all sub-sectors
within the branch.
The Chairman of the Governing Council is Dr. Dipl. Eng. Lachezar
Tsotsorkov. Dipl. Eng. Petar Petrov is the Executive Secretary.
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STATUTE |
OF A
NON-PROFIT MAKING ASSOCIATION
FOR ACTIVITIES TO PRIVATE BENEFIT
"BULGARIAN BRANCH CHAMBER
OF THE COMMERCIAL COMPANIES FROM THE SECTORS
OF EXPLORATION, MINING AND PROCESSING
OF MINERAL RESOURCES"
/"Bulgarian Chamber of Mining and Geology"/
I. GENERAL PROVISIONS ARTICLE
1. The Bulgarian Branch Chamber of the commercial companies
working in the sectors of exploration, mining and processing
of mineral resources (hereunder "Bulgarian Chamber of Mining and Geology")
is a voluntary NON-PROFIT MAKING ASSOCIATION FOR ACTIVITIES
TO PRIVATE BENEFIT and comprises the branch commercial companies
from the sectors of exploration, mining and processing of mineral
resources. ARTICLE
2. The Association is a non-profit making legal person
and is considered established since its enrolling in the Trade
Register of Non-Profit Making Persons at the District Court
of Justice with respect to the seat of the legal person.
ARTICLE 3. The
non-profit making legal persons are bearers of all rights and
obligations, which are not related to the innate characteristics
of the natural persons, and they can possess property.
ARTICLE 4.
THE Bulgarian Chamber of Mining and Geology is a collective member of THE BULGARIAN
INDUSTRIAL ASSOCIATION and is also an associate member of EUROMINES.
DEFINITION OF THE ASSOCIATION'S
ACTIVITIES.
AIMS AND MEANS TO THEIR ACHIEVING
ARTICLE 5. THE
Bulgarian Chamber of Mining and Geology is a NON-PROFIT MAKING association
for activities to PRIVATE BENEFIT and is established in view
of the following aims:
- To assist and prompt the activities related to enhancing
the transition towards market economy within the branch;
- To assist, represent and defend the interests of its members;
- To exercise appropriate impact in order to enhance the
process of restructuring within the branch;
- To cooperate and efficiently assist its members in the
activities related to carrying out the privatization within
the branch;
- To cooperate for the attraction of foreign investment
in the production and servicing sectors within the branch;
- To assist its members for the modernization of the enterprises
and in providing safe and healthy conditions at work, modern
technical and technological level and ecologically cle3an
working environment;
- To develop programmes and cooperate for the attainment
of high level of professionalism and authority of the managerial
potential of its members.
ARTICLE 6. In accordance
with the national law in force and the current Statute, THE
Bulgarian Chamber of Mining and Geology implements its purposes, by performing
the following activities TO PRIVATE BENEFIT, as follows:
- Discusses, prepares and defends concepts and strategies
for the development of the branch and the related activities
and to submit them to the competent state authorities.
- Expresses opinion and provides motivated written positions
on submitted drafts for legislative acts related either
directly or indirectly to the branch.
- Represents and defends the economic interests of its
members and the branch as a whole, before the central and
local state and trade-union authorities, organizations and
persons, in the development and discussion of projects concerning
preferences, taxation, duties, interest rates and other
economic and organizational conditions, which ensure efficiency
in the activities and the development of the branch and
the related productions.
- Coordinates and cooperates for the interests of its members
in the various areas of activity, at the same time observing
the principles and requirements for legal and economic independence,
non-intrusion in the activities of the members, loyal competition,
lack of monopolistic actions, protection of commercial and
company secrets, ethics and correctness in the relations.
- Assists the development of the intercommercial and technological
relations between its members and the branch.
- Cooperates to the carrying out of market research, studies
and analyses of the conditions on the domestic and foreign
markets.
- Assists its members and gives recommendations as to the
efficient development of their economic activities and prompts
their cooperation in cases of large orders both in the country
and abroad.
- Accomplishes business contacts and collaboration with
local and international organizations and persons for the
assistance, exchange of opinions and discussion of the general
and specific problems, as well as for the attracting of
Bulgarian and foreign investment in the branch and for the
establishing of joint ventures.
- Assists for the crediting of loans from Bulgarian foreign
financial and banking institutions for the development of
the economic activities within the branch.
- Informs its members about opened tenders, exhibitions,
fairs and other public events related to the interests of
its members and assists their participation in them by providing
type contracts, samples, tender papers and other materials,
if possible.
- Cooperates for the establishment and functioning of commodity
and labour exchanges in favour of the branch.
- Assists for the improvement of the qualification and specialization
of the managerial and servicing potential of its members,
by organizing and carrying out national and international
meetings, symposia, seminars, conferences, courses and others
aimed at the vocational training and qualification, jointly
with state bodies, organizations, national and foreign institutions
and persons.
- Cooperates for the voluntary and mutually beneficial solving
of any disputes between its members.
- Participates and represents the members of the branch
in the collective labour negotiating and tripartite collaboration
in signing collective labour contracts with the trade unions
and the employers at a branch level by signing a sectoral
(branch) collective labour contract.
- Participates in the organs for social collaboration and
partnership at a branch level, by protecting the interests
of its members.
- Consults its members on problems of the labour legislation,
healthy and safe conditions at work, social relations.
- Participates in the elaboration of standards and technical
requirements for the products.
- Elaborates and gives proposals to its members within the
branch, aimed at good production practices.
- Participates in the work of consultation councils at the
state and municipal bodies.
- Elaborates and submits to the respective competent state
authorities and institutions analyses, expertise and other
proposals of interest to the developments in the branch.
- Prepares annual reports for the state-of-the-art and the
perspectives for development of the branch.
- Assists and exerts control over the observance of business
ethics, morale and the rules for loyal market behaviour
in the branch.
- Issues certificates for the professional right to operate
to those who have passed the forms of vocational training.
- Prepares and updates detailed lists of experts in property
assessment with specific knowledge in the various areas
of the branch in favour of its members, of the state and
municipal bodies, and the procurement commissioners.
- Issues certificates for activities performed by its members
for origin and quality of the goods to be of use in their
economic relations, insofar this is not imposed onto a state
organ or institution.
- Also implements other assigned tasks within the framework
of its competence and purposes.
ARTICLE 7. /1/
The Association could also carry out additional economic activities,
if only they are related to the subject of the main activity
for which it has been registered and if using the revenues for
the achievement of the purposes as defined in the present Statute.
/2/ The area of economic activity is defined in
the Statute of the Association as a non-profit making person
for activities to private benefit.
/3/ The carrying out of economic activity in line
with the previous Section is subject to the national law in
force. NAME OF THE ASSOCIATION
ARTICLE 8. The
name of the non-profit making association is: A NON-PROFIT MAKING
ASSOCIATION FOR ACTIVITIES TO PRIVATE BENEFIT, "BULGARIAN BRANCH
CHAMBER OF THE COMMERCIAL COMPANIES FROM THE SECTORS OF EXPLORATION,
MINING AND PROCESSING OF MINERAL RESOURCES" (henceforth "Bulgarian Chamber of Mining and Geology"). (The name is spelled in Latin characters:
"Bulgarian Chamber of Mining and Geology"). SEAT
AND ADDRESS OF THE MANAGEMENT
ARTICLE 9. THE
SEAT AND ADDRESS OF MANAGEMENT of the Association is: Sofia
1309, "Krasna Poljana" municipality, 205 Al. Stambolijski Blvd.,
Fl. 2, Office 30. TERM
OF EXISTENCE
ARTICLE 10. THE
Bulgarian Chamber of Mining and Geology is established FOR AN INDEFINITE PERIOD
OF TIME and its existence is not restricted by terms or any
other condition. WRITTEN
ACTS OF THE ASSOCIATION
ARTICLE 11. Any
written statement on behalf of THE Bulgarian Chamber of Mining and Geology
and in its capacity of a non-profit making association for activities
to private benefit should necessarily contain its name, seat,
address, as well as data about its registration, including BULSTAT
number. REPRESENTATION
OF THE ASSOCIATION
ARTICLE 12. /1/ The
non-profit making association expresses its will and performs
legal actions through its bodies. It is REPRESENTED BY ITS MANAGEMENT
ORGAN, THROUGH THE CHAIRMAN OF THE GOVERNING COUNCIL.
/2/ In cases of legal disputes between the Association,
as a legal person and its management body, or members of the
managing organ, respectively, the legal person could be represented
by one or more persons elected by its GENERAL ASSEMBLY.
/3/ The non-profit making legal person can participate
in the work of an organ of the non-profit making legal person
THROUGH A REPRESNTATIVE OR A PERSON AUTHORISED BY IT.
CONSTITUTION
ARTICLE 13. /1/
The constitution of the non-profit making Association is governed
by the Law for Non-Profit making Legal Persons and the Constituent
Act, or the Statute.
/2/ The non-profit making legal person could also
have BRANCHES. THE BRANCH MANAGER represents the non-profit
making legal person for the activities of the branch.
II. ESTABLISHMENT OF THE ASSOCIATION.
STATUTE. ARTICLE
14. The non-profit making Association is established
by five or more persons, which unite with the purpose to carry
out non-profit making activities to private benefit.
ARTICLE 15.
The founders accept a Statute, which should contain the provisions
and data required by force of Art. 20 of the Law for Non-Profit
Making Legal Persons. III.
MEMBERSHIP RIGHTS AND OBLIGATIONS ARTICLE
16. /1/ Membership in THE Bulgarian Chamber of Mining and Geology IS
VOLUNTARY.
/2/ The members of the Bulgarian Chamber of Mining and Geology
may be natural or legal persons and companies carrying out production
and commercial activities within the branch, as well as non-profit
making companies, whose tasks and purposes do not contradict
the present Statute.
/3/ Any legal or natural person according to the
provisions of the previous Section, which is not a founder of
the Bulgarian Chamber of Mining and Geology, can declare its will for membership
BY A WRITTEN APPLICATION TO THE GOVERNING COUNCIL with the explicit
statement that it accepts indisputably the terms of the present
Statute.
/4/ The application for accession of new members
to the Association should be accompanied by: Court decision
for the registration of the legal person, a statement of the
current state-of-the-affairs, a reference by a member of the
Bulgarian Chamber of Mining and Geology, payment document for entrance fee
and annual membership fee for the current year.
/5/ The membership application is considered by
the Governing Council in the presence of the applicant and the
decision of the Governing Council is communicated to him within
7 days. ARTICLE
17./1/ Each member of THE Bulgarian Chamber of Mining and Geology has
the RIGHT:
- To participate in the management of the Association;
- To be informed about its activities and to look through
the documents of the Association;
- To make use of the Association's property and the results
of its activities by the order stipulated in the present
Statute;
- To pose for discussion and to seek solutions to problems
related to the carrying out of its economic activities and
labour relations.
/2/ Each member of THE Bulgarian Chamber of Mining and Geology has the OBLIGATION:
- To comply with the Statute and the decisions of the General
Assembly;
- To pay property fees in case this is provided for by the
Statute and in the specified size and terms;
- Not to use the Association for purposes which contradict
the Statute and the professional ethics;
- As for the collective members - to report within 14 days
about the changes in their staff and management bodies,
as well as about other important events.
/3/ Any member of the Bulgarian Chamber of Mining and Geology is responsible for the Association's liabilities
up to the size of the property fees provided for by the Statute.
/4/ Any member of the Bulgarian Chamber of Mining and Geology
is not PERSONALLY responsible for the Association's liabilities.
/5/ With the exception of the property rights,
the membership rights and obligations are non-transferable and
are not passed onto other persons in cases of death or termination,
respectively. The carrying out of the membership obligations
and the exerting of the membership rights could be transferred
to another person, in case the Statute stipulates it.
IV. CESSATION OF MEMBERSHIP:
ARTICLE 18.Membership
is TERMINATED:
- By a multilateral statement of will expressed before
the Governing Council of the Association, through submitting
a written warning for voluntary withdrawal;
- In case of death or placement under judicial disability;
- By expelling;
- By termination (cessation) of the non-profit making legal
person;
- In case of falling out.
ARTICLE 19. /1/
EXPELLING of a member of the Association is undertaken in cases
of behaviour which makes further membership incompatible, in
the following cases:
- In case of violating the Statute and the national law
in force;
- In case of harming the purposes and interests of the
non-profit making Association to private benefit;
- In case of taking actions which do harm to the image
of the Bulgarian Chamber of Mining and Geology;
/2/ The decision for expelling is taken by a DECISION
OF THE GOVERNING COUNCIL, with a qualified majority by all members.
/3/ The decision for expelling could be protested
before the General Assembly within one month since the notice
for expelling, however not later than one year since the date
of passing the decision. ARTICLE
20./1/ FALLING OUT of membership in the Bulgarian Chamber of Mining and Geology takes place in the following cases:
- In case of non-payment of the established property fees
and non-fulfillment of the financial obligations to the
Association in the determined size and terms, except under
force-major conditions.
- In case of consistent non-participation in the activities
of the Association.
/2/ The falling out is established by documents
and is voted ON THE DECISION OF THE GOVERNING COUNCIL BY MAJORITY
OF THE VOTES OF THE PRESENT MEMBERS.
/3/ the decision for falling out could be protested
before the general Assembly within one month of the notice of
falling out of membership, but not later than one year from
passing the decision. V.
MANAGEMENT BODIES OF THE ASSOCIATION ARTICLE
21. The management bodies of THE Bulgarian Chamber of Mining and Geology
are:
- General Assembly;
- Governing Council;
- Chairman;
- Control Council.
GENERAL ASSEMBLY
ARTICLE 22. The
General Assembly is the supreme organ of THE Bulgarian Chamber of Mining and Geology and it comprises all members of the Association.
RIGHTS OF THE GENERAL ASSEMBLY
ARTICLE 23. /1/
The General Assembly:
- Approves and amends the Statute;
- Approves other internal acts;
- Elects and dismisses the members of the Governing and
the Control Councils and their Chairmen;
- Takes decisions as to the opening and closing down of
branches;
- Takes decisions as to the membership in other organizations;
- Takes decisions as to the transformation or cessation
of the Association;
- Approves the major trends for the activities of the Association,
determines the strategy and the prospective programmes for
the actions of the Association within the branch;
- Approves the annual budget and a report about the financial
affairs of the Association.
- Takes decisions as to the size of the due membership fee,
as well as to the terms for its payment;
- Approves the report of the Governing Council;
- Waives decisions of other organs of the Association, which
contradict the Law, the Statute and other internal acts
stipulating the activity of the Bulgarian Chamber of Mining and Geology;
- Takes other decisions, according to the provisions of
the Statute.
/2/ The rights of the General Assembly as per
Sect. 1, items 1, 3, 6, 8, 10 and 11 of the previous Section
cannot be assigned to other organs of the Assembly.
/3/ The decisions of the General Assembly are
obligatory for the other members of the Association.
/4/ The decisions of the General Assembly are
subject to judicial control with respect to their legality and
compliance with the Statute before the Court of Justice, with
regard to the registration of the Bulgarian Chamber of Mining and Geology by
each member of the Association, or of its member, or of the
prosecutor within a month of receiving notice, but not later
than one year of the date of taking the decision.
/5/ Decisions contradicting to the law, the Statute
or a previous decision of the General Assembly, could be protested
before the General Assembly on demand of the interested members
of the Association or of its organ within one month of receipt
of notice, but not later than one year of the date of taking
the decision. SUMMONING
OF THE GENERAL ASSEMBLY
ARTICLE 24. /1/
The General Assembly is summoned:
- On the initiative of the Governing Council;
- ON THE INITIATIVE of 1/3 OF THE ASSOCIATION'S MEMBERS
in the settlement of its seat. In this case, if the Governing
Council does not publish a written invitation in one month's
time for summoning the General Assembly, it is summoned
by the Court of Justice in the settlement of the seat, upon
the written request of the interested members, or a person
authorized by them.
/2/ The invitation for summoning necessarily contains:
agenda, date, timing and venue for holding the General Assembly,
as well as information on whose initiative it is summoned.
/3/ The invitation is published in the State gazetteer
and is also popularized by placing announcements in the building
where the premises of the Association's management are, at least
one month prior to the day specified. MEETINGS
OF THE GENERAL ASSEMBLY
ARTICLE 25./1/
The meetings of the General Assembly are either regular or extraordinary.
/2/ The regular meetings are summoned once a year
according to the provisions of Art. 24 of the present Statute.
/3/ The EXTRAORDINARY MEETINGS are summoned by
the Governing Council or its Chairman on the basis of a motivated
written request of at least 1/10 of the Association's members.
If the Governing Council refuses or delays the summoning of
the meeting for more than 14 days of registering the request,
the General Meeting is summoned on a judicial basis.
ARTICLE 26. /1/
The meetings of the General Assembly are recorded in a Protocol,
which reflects all decisions and election results.
/2/ The Protocol is signed by the Chairman of
the meeting, the Protocol-keeper and the Chairman of the Governing
Council. QUORUM
ARTICLE 27. /1/
The General Assembly is legal if MORE THAN HALF OF ITS MEMBERS
is present.
/2/ In case of a lack of quorum, the meetings
is postponed for an hour later at the same place and the same
agenda and could be held irrespective of the number of members
present. VOTING
ARTICLE 28. /1/
Each member of the General Assembly has the right to one vote.
/2/ A member of the General Assembly does not
have the right to vote in cases of solving issues related to:
- Members, their spouses or relatives of direct line without
restrictions, of lateral branch to the fourth degree, or
by marriage to the second-degree incl.;
- Legal persons for whom the member is a manager or could
impose upon or prevent from decision taking.
/3/ Voting at the General Assembly by a Letter
of Attorney is admissible if one person could represent not
more than 3 (three) members of the General Assembly, on the
basis of an explicit Letter of Attorney. Re-authorization is
not admitted.
/4/ Voting is open, unless the General Assembly
decides otherwise. DECISION
TAKING
ARTICLE 29./1/
THE GENERAL ASSEMBLY takes decisions with a MAJORITY OF THOSE
PRESENT.
/2/ The decisions for CHANGES AND AMENDMENTS TO
THE STATUTE, as well as for transforming or terminating the
Association are taken by A MAJORITY OF 2/3 OF THOSE PRESENT.
/3/ No valid decisions could be taken on problems,
which are not included in the agenda specified in the invitations.
GOVERNING COUNCIL
ARTICLE 30. /1/
THE GOVERNING COUNCIL of the Bulgarian Chamber of Mining and Geology is its
managing body.
/2/ The Governing Council consists of at least
3 persons, members of the Association. The legal persons, members
of the Association, could nominate persons who are not members
of the Association for members of the Governing Council.
/3/ The members of the Governing Council are elected
for a period of up to 5 years. CHAIRMAN
OF THE GOVERNING COUNCIL
ARTICLE 31. /1/
Out of the members of the Governing Council, the General Assembly
elects a CHAIRMAN. HE IS ALSO THE CHAIRMAN of the Bulgarian Chamber of Mining and Geology and REPRESENTS THE ASSOCIATION. The Chairman
of the Governing Council is elected for a period of 5 years.
/2/ On the decision of the General Assembly, the
functions of the Governing Council could be performed by a single
person-manager. AUTHORITIES
OF THE GOVERNING COUNCIL
ARTICLE 32.The
Governing Council has the following authorities:
- Represents the Bulgarian Chamber of Mining and Geology through its Chairman,
and also determines the scope of representation of its members.
- Ensures the implementation of the General Assembly's decisions.
- Accepts new members of the Association.
- Disposes of the property of the Association in observing
the provisions of the Statute and the national law in force.
- Prepares and submits to the general Assembly a draft budget.
- Prepares and submits to the general Assembly a report
about the Association's activities.
- Determines the procedure, organizes and directs the activity
of the Association according to the strategy and programmes
for a fruitful development of the Association and bears
the responsibilities for that.
- Takes decisions for the determining of the annual membership
fee due by the members of the Bulgarian Chamber of Mining and Geology in
accordance with the Statute and the law in force.
- Takes decisions for the expelling or falling out of the
members of the Bulgarian Chamber of Mining and Geology in accordance with
the statute and the law in force.
- Carries out decommissioning (liquidation) of the Association
in case of closure of the non-profit making legal person.
- Takes decisions on all matters within its authorities,
apart from those of the exclusive competence of the General
Assembly and other organs according to the Statute and the
law in force.
- Performs the obligations stipulated in the Statute.
MEETINGS OF THE GOVERNING COUNCIL
ARTICLE 33. /1/
The meetings of the General Council are summoned and chaired
by its Chairman at least once every three months. In the absence
of the Chairman, a meeting of the Governing Council could be
summoned by a member nominated by the Governing Council.
/2/ The summoning is carried out on a written
invitation with explicit mentioning of the agenda, date, venue
and timing of the meeting, at least 14 days before the day of
the meeting.
/3/ In exceptional cases, the summoning is carried
out within 24 hours by telephone, fax or e-mail.
/4/ THE CHAIRMAN OF THE GOVERNING COUNCIL is obliged
to summon a meeting of the Governing Council on the WRITTEN
REQUEST OF 1/3 OF ITS MEMBERS. If he fails to do so within one
week, the Governing Council could be summoned to hold a meeting
by any of the interested members of the Governing Council.
/5/ The Governing Council could take decisions
if MORE THAN HALF OF ITS MEMBERS ARE ATTENDEES at its meeting.
In legal terms, AN ATTENDEE is also a person with whom there
exists bilateral telephone or other connection, which ensures
the person's identification and provides for his/her participation
in the discussion and in the decision taking. The Chairman of
the meeting then certifies the vote of that attendee.
/6/ The meeting of the Governing Council is recorded
in a written Protocol, signed by the Chairman of the Governing
Council and the Protocol-keeper. DECISION
TAKING BY THE GOVERNING COUNCIL
ARTICLE 34. /1/
The decisions of the Governing Council are taken by MAJORITY
OF THOSE PRESENT at the meeting. Discussions about liquidation
of the Association, about disposal of its property and determining
of the order and organization for carrying out the activities
of the Bulgarian Chamber of Mining and Geology are taken BY A MAJORITY OF ALL
MEMBERS.
/2/ Upon SEPARATION OR DIVISION, the non-profit
making legal persons are SOLIDARILY RESPONSIBLE for the liabilities
having emerged prior to their transformation.
/3/ The members of the non-profit making legal
persons, who have MERGED or JOINED, become members of the NEWLY
ESTABLISHED non-profit making LEGAL PERSON. The members of the
non-profit making legal person, who have SEPARATED, become members
of the NEWLY ESTABLISHED non-profit making legal persons on
their choice. VII. CESSATION
AND LIQUIDATION OF THE ASSOCIATION ARTICLE
36./1/ The non-profit making Association IS CEASED:
- With the expiry of the term for which it was established;
- By a decision of the General Assembly as the supreme organ;
- By a decision of the District Court of Justice at the
seat of the non-profit making legal person, in case: it
was not established according to the national law in force;
it carries out activity which contradicts the law or is
contrary to the public order or good manners; it is declared
insolvent;
/2/ The Court decision of Section 1, items 1 and
3, is enacted by a claim of each interested member of the Association,
or the prosecutor.
/3/ The Court of Justice could assign an appropriate
term for removing the grounds for the cessation and its consequences.
/4/ In the cases of Section 2, the cessation is
EX OFFICIO written and the Court of Justice appoints a liquidator.
LIQUIDATION
ARTICLE 37. /1/
In case of ceasing a non-profit making company, liquidation
takes place.
/2/ The liquidation is carried out by the managing
organ or by a person appointed by him.
/3/ If, by force of the above Section 2, no liquidator
is appointed, as is the case of ceasing the Association on the
decision of the General Assembly, the liquidator is determined
by the District Court of Justice, according to the seat of the
Association. IX. OBLITERATION
OF A NON-PROFIT MAKING LEGAL PERSON ARTICLE
39. Upon distribution of the property, the liquidator
is obliged to demand obliteration of the record of the non-profit
making legal person by the District Court of justice.
COURT REGISTER OF NON-PROFIT
MAKING LEGAL PERSONS
ARTICLE 40. /1/
A Register of the non-profit making legal persons is kept at
the District Court of Justice.
/2/ Subject to enrolling in the Register of Non-Profit
Making Legal Persons are the circumstances considered in Art.
18, Sec. 1, from the Law for Non-Profit Making Legal Persons.
/3/ Subject to enrolling are also the changes
in the circumstances of Sections 1, 2 and 3 of Art. 18 of the
above-mentioned Law. X.
PROPERTY OF THE ASSOCIATION.
FINANCIAL SUPPORT OF THE Bulgarian Chamber of Mining and Geology
ARTICLE 41. /1/
The property of the Bulgarian Chamber of Mining and Geology is constituted
by property rights and other real rights on real estate and
movable property, rights to intellectual property and rights
to takings, etc.
/2/ Sources of the property, as well as of the
financial support of the Bulgarian Chamber of Mining and Geology are: membership
fees, revenues from own property, interests on deposits, donations
from local and foreign persons and subsidies from the state
budget, as well as any other income permitted by the law in
force.
/3/ All incomes of the Association, as of Sec.
2, irrespective of their nature and source, are included in
the property and budget of the Association and serve to cover
the expenses and/or are included in funds.
/4/ The finances of the Association's budget are
earmarked. They could not be used for any other purposes, different
from those specified in the Statute, as well as for carrying
out activities stipulated in the Association's annual programme.
/5/ The budget of the Bulgarian Chamber of Mining and Geology
is constituted and implemented annually on the principle of
economic expenditure and in accordance with the economic possibilities
of its members.
/6/ The Association could also collect extraordinary
input fees for covering expenses related to the activities in
the branch. ARTICLE
42. On the decision of the General Assembly, earmarked
funds could be formed, and the sources and the procedures for
their use are exceptionally defined by the decision for their
formation. ARTICLE
43. THE Bulgarian Chamber of Mining and Geology is responsible for the
obligations undertaken with its property. It does not bear responsibility
for the material obligations of its members, and they are not
responsible for the obligations undertaken by the Association
as a self-sustained legal person. REMUNERATION
ARTICLE 44. /1/
The elective organs of the Bulgarian Chamber of Mining and Geology work on
public principles.
/2/ The appointed personnel of the Association
receives labour remuneration in accordance with the Labour Law
in force and the branch agreements under the collective contracting.
/3/ The Chairman and the members of the Governing
and Control Councils could receive, in view of their contribution,
lump annual remunerations, determined on an individual basis
and in the respective size by the General Assembly, and included
in the budget of the Bulgarian Chamber of Mining and Geology.
/4/ The experts and collaborators of the Bulgarian Chamber of Mining and Geology receive remuneration according to the commissioned
contracts and the work done, as well as according to the national
law in force. FINAL
PROVISIONS
PARAGRAPH 1. The
Bulgarian Chamber of Mining and Geology has its logo, registered in accordance
with the respective procedure. The Association has a round seal
with the stamp "Bulgarian Chamber of Mining and Geology" Sofia. The stamps
could be two - with Bulgarian and Latin letters.
PARAGRAPH 2.
For any problems not regulated by the present Statute, the provisions
of the Law for Non-Profit Making Legal Persons, as well as the
national law in force. PARAGRAPH
3. /1/ The amount of the INITIAL MEMBERSHIP FEE is determined
by the GENERAL ASSEMBLY, the term for its payment being 15 FEBRUARY
OF THE CURRENT YEAR.
/2/ The amount of the ANNUAL MEMBERSHIP FEE is
determined by the GOVERNING COUNCIL and is due within ONE MONTH
SINCE THE ACCEPTANCE AS A NEW MEMBER.
The present Statute was accepted at the General
Assembly of the Bulgarian Chamber of Mining and Geology held on 5 April 2001
and is enrolled in the Register of Non-Profit Making Legal Persons
on the lot of the Association by a decision No 3 of 17.05.2001
of the Sofia Court of Justice. |
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