Articles of Association

INTERNATIONAL FEDERATION OF PERSONS WITH PHYSICAL DISABILITY (FIMITIC ASBL)

Articles of Association

(Updated May 2015)

Article 1 : Name and Seat

The name of the Association is International Federation of Persons with Physical Disability (FIMITIC), hereinafter referred to as FIMITIC.

The Association is to be registered in the Register of Associations.

The seat of the association shall be at Rue Antoine Gautier 110, Brussels (1040 – Belgium).

A transfer of the seat shall be decided by the Delegates Conference.

FIMITIC is a non-profit, politically independent and religiously neutral organization.

Article 2 : Purpose, Non-profit Association

The purpose of FIMITIC shall be the improvement of social, occupational and societal conditions of persons with physical disability.

FIMITIC promotes the equalization of opportunities for disabled persons and fights against their discrimination.

It shall outline in appropriate planning concepts how this objective is to be attained and what priorities will be established.

The purpose of the Association as laid down in the Articles of Association shall especially be the:

  1. Improvement worldwide of social relations among persons with physical disabilities
  2. Strengthening of the representation of interests within the national member organizations and institutions
  3. Development of demands and actions vis-a-vis authorities, influential institutions and other bodies in matters of a supranational nature with the aim to improve the rights and opportunities of persons with physical disabilities to achieve full social equality and full participation.

The purpose of the Association as laid down in the Articles of Association shall be especially achieved through the mutual exchange of experience and opinions by means of meetings, conferences and other gatherings as well as through advisory services provided for the national member associations and co-ordination of their activities.

The Association's purpose is entirely and directly that of a non-profit organization.

The Association only acts in a non-profit capacity and does not pursue any economic objectives of its own.

The financial assets of the Association may only be used for the purposes set down in the Articles of Association. Members do not receive any share of profits and also no other grants or subsidies from Association funds in their capacity as members. No person shall benefit from any expenditure alien to the purpose of the Association, or from any disproportionately high remuneration.

Article 3 : Membership

Members shall be representative; national, non-governmental organizations (NGOs) of physically disabled persons, parents' organizations or organizations of physically disabled who are unable to speak for themselves.

The admission as member shall be decided by the Executive Board on submission of an application in writing.

Members should be associations with legal capacity according to the legal system of the respective country.

Each member shall have one vote at the Delegates' Conference. As per October 2014, up to 3 NGOs from each country can register at FIMITIC.

Article 4 : Withdrawal

Withdrawal from FIMITIC membership must be notified in writing to the President (by registered mail for the purpose of proof) observing a period of notice of three months to the end of the business year. Subscriptions due up to the time of withdrawal must be paid.

Article 5 : Exclusion

A member may be expelled by resolution of the Delegates' Conference if it is acting against the Articles of Association, with a majority of two thirds of the votes of the present or represented members.

Article 6 : Organs

FIMITIC shall have the following organs:

  1. The Delegates' Conference
  2. The Executive Board
  3. The Auditors

Article 7 : Delegates' Conference

The Delegates' Conference shall consist of the representatives of members authorized to represent them. It will assemble every two years and shall have the competence to deal with the following:

  1. Approval of the working report, the accounting and auditor's report.
  2. Adopting decisions in respect of the two-year budget and two-year plan.
  3. Determining members' subscriptions.
  4. Election of the Executive Board (the President, the two Vice-presidents, the Secretary General, the Treasurer, two to four additional Board members) and the Auditors.
  5. Resolution as to an amendment of the Articles of Association proposed by the Executive Board.
  6. Approval of the rules of procedure.
  7. Decision on the motions/proposals of members.
  8. Dealing with other business as assigned by the Executive Board.

An Extraordinary Delegates' Conference may be convened on application of 1/5 of the members.

The Delegates' Conference is to be convened by order of the Executive Board, stating the subjects to be dealt with, and shall be convened at least two months prior to the meeting.

Proposals of a motion to the Delegates' Conference shall be submitted to the President in writing and not later than six weeks prior to the meeting.

The resolutions adopted must be recorded in the minutes of the meeting. The minutes must be signed by the President and the person recording the minutes. The minutes will be filed in the Secretary office, and sent to all the members by e-mail or regular mail.

Article 8 : Executive Board

The Executive Board shall have seven to nine (7-9) members. It is composed of the President, two Vice-presidents, the Secretary General, the Treasurer and two to four (2-4) further members.

The election (and destitution) of the Executive Board by the Delegates' Conference shall be for a period of four years. The Executive Board shall however continue to remain in office when this period has expired until a new Executive Board has been elected. In case of vacancy or absence of Executive Board, an organisation member is elected until the next election of the Executive Board.

Executive Board meetings shall be convened by the President. A meeting may also be convened on application of not less than four members of the Executive Board. Otherwise a meeting shall be convened as per the needs of the organization, but at least twice annually.

The Executive Board shall appoint commissions, committees and project groups, promote relations with all members and all agencies and institutions relevant to FIMITIC. It shall deal with the business of FIMITIC in so far as this has not been assigned to other organs.

The Executive Board may appoint a management board made of up of three persons and lay down rules of procedure for management of the business.

The resolutions adopted must be recorded in the minutes of the meeting. The minutes must be signed by the President and the person recording the minutes. The minutes will be filed in the Secretary office, and sent to all the members by e-mail or regular mail.

The Executive Board, as defined in Article 13 of the “Law on Non-profit associations, International Non-Profit Associations and Foundations” (Loisur les associations sans but lucratif, les associations internationales sans but lucratif et les foundations) of June 27th, 1921, will be formed by at least three members with the power of taking care of all needed operations or actions for the fulfillment of the purpose of the Association.

The representation of the Association in legal and extralegal acts can be exercised by delegation by a number of people, members of the association and part of the Executive Board (with a minimum number of two), acting jointly.

Article 9 : Auditors

The auditors shall consist of two experts to be elected from among the member associations, except members of the Board, or shall be an approved trustee. They shall have access to all documents and recordings and shall examine cash, accounts and bookkeeping at least once annually. They shall report the results to the Delegates' Conference not less than every two years.

Article 10 : Resolutions

Resolutions and elections require a simple majority of votes in so far as these Articles of Association or the provisions of law do not require a different majority.

Resolutions on the exclusion of members or on the dissolution of FIMITIC shall be possible only with a two-third majority of votes.

 Article 11 : Financing, Liability

FIMITIC is financed from:

  1. Annual member subscription
  2. Allocation of public funds
  3. Special financing actions
  4. Donations, inheritances and legacies.
  5. Income from services rendered in execution of its tasks in accordance with the Articles of Association
  6. Revenues from the Association's assets

The annual subscriptions of members shall be determined on the basis of the number of members of each national association. The subscription shall be due on 1 January every year and must be paid by the respective national association without special request not later than 31 March of the current year.

The annual fees will be calculated annually according to each member’s finances, within a reasonable limit in order to maintain the equality within FIMTIC. The scale of fees will be approved by the Conference of Delegates. The minimum fee will be established at 200€ and the maximum fee will be established at 2500€.

Any FIMITIC commitment shall be entirely the liability of the Association's assets.

Article 12 : Interpretation of the Articles of Association

Any questions as to the interpretation of the present Articles of Association shall be definitely decided by the Delegates' Conference.

Article 13 : Dissolution of FIMITIC

In the case of the dissolution of FIMITIC or if the tax-privileged purposes do no longer apply the remaining property or funds shall be assigned to a corporation under public law or to another inland and tax-privileged corporation which shall use it to help civilian handicapped and disabled persons.

The Delegates' Conference shall determine who is to execute the liquidation.

Article 14 : Business Year

The business year shall be the calendar year.

Article 15 : Coming into Force

These Articles of Association were adopted by the Foundation Assembly on 7 April, 2000 in Bonn. They were modified in October 2014 to include more members and change the seat to Belgium thus performing the modifications required to adapt the present Articles of Association to the requirements of the Belgium Law.