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diff --git a/ur/about/constitution/mageia.org_statutes_en.md b/ur/about/constitution/mageia.org_statutes_en.md deleted file mode 100644 index a7e94be8f..000000000 --- a/ur/about/constitution/mageia.org_statutes_en.md +++ /dev/null @@ -1,397 +0,0 @@ -> This is a translation of the statutes of the association Mageia.Org. -> Since the association was registered in France, those were written in French. -> As a result, this translation is purely for information and transparency, -> the legal document being the French version. -> You can access the original French version from either -> -> * [http://www.mageia.org/fr/about/constitution/](/fr/about/constitution/) -> * [svn://svn.mageia.org/svn/org/constitution/](svn://svn.mageia.org/svn/org/constitution/) -> - -Association under the (French) Law of Associations of 1901 - -# Mageia.Org - -8B rue de la Terrasse 75017 Paris France - -## Statutes - -The undersigned: - -* Anne Nicolas, -* Arnaud Patard, -* Damien Lallement, -* Nicolas Vigier, -* Olivier Blin, -* Romain d'Alverny, -* Séverine Wiltgen, -* Frédéric Cuif, -* Olivier Méjean, -* Colin Guthrie, -* Thomas Backlund, -* Anssi Hannula, -* Raphaël Gertz, -* Jérôme Quelin, -* Wolfgang Bornath, -* Josep L. Guallar-Estevem, -* Michael Scherer, - -founding members - wish to constitute an association subject to the Law of 1st July 1901. - - -## Article 1 - Constitution - -A voluntary association governed by the French law of July 1, 1901 -and the French decree of August 16, 1901, is hereby constituted between -the undersigned and any individual adhering to the present statutes. - - -## Article 2 - Denomination - -The association takes the following name: Mageia.Org. - -## Article 3 - Purpose - -The association is an information-technology and cultural association -on a non-profit basis governed by the terms of the French Law of Associations of 1901. - -The purpose of this association is: - -* to organise, develop and promote the free (libre) operating system Mageia, - it's derivatives and related free software projects; -* to coordinate the communities surrounding these projects. - -## Article 4 - Registered office - -The registered office of the association is in Paris, France: - - Mageia.Org - 8B rue de la Terrasse - 75017 Paris - France - -The registered office might be transferred at any time by simple resolution of the Board. - -The activities of the association may be exercised in any place outside of it's offices. - -## Article 5 - Duration - -The duration of the association is unlimited, counting from the signature of the statutes. - -The financial year runs from January 1 to December 31. - -## Article 6 - Composition of the association - -The association is composed of: - -* founding members, -* honorary members, -* benefactor members, -* donor members, -* active members. - -Founding members are the actual people who instigated the founding of the association. - -The distinction of honoroary member may be given by the general assembly -to individuals who render or have rendered significant services to the association. -This title confers on those who have obtained it the right to participate -in the general assembly without having to pay any financial contribution. -They participate in general assemblies only with consultative vote and are not eligible. - -Benefactor members are the people who pay an annual subscription fixed -each year by the administrative council. They participate to the general -assemblies only with consultative vote and are not eligible. - -Donor members are the people who donate punctually. -They do not participate in general assemblies and are not eligible. - -Active members are the people chosen by the administrative council, -after proposition and sponsorship by another active member. -They are people involved in the life of the association, -either by their benevolent activity or by exercising a function in the association. -They participate in the general assembly with deliberative vote and are eligible. - -The founding members are members active in founding the association. - -If an active member has not participated or has not been represented -in the last two general assemblies, he becomes a //de facto// honorary member. - - -## Article 7 - Loosing the qualification of member - -The qualification of membership is lost as a result of: - -* sending a letter addressed to the President; -* decease; -* exclusion pronounced by the Board of Directors due to non-payment - of the contribution or an offence harmful to the moral and material - interests of the association after having been been invited, - by registered mail, to present themselves before the Board of Directors - in order to provide an explanation. -* being struck by the Board of Directors for serious reasons. - -## Article 8 - Board of directors - -The association is run by a Board of Directors made up of at least 6 members -and no more than 12 members, designated by the general assembly -and are chosen from among the active members. - -The members of the board of directors are elected for three years, -renewable each year by one third. - -Afterwards, they are re-elegible. - -The number of the renewable members equals the third of the Board -of Director's members for the actual year, rounded down to the nearest number -(in case they are less than 12) with a minimum equal to the number -of the resigning members. The selected members are the first in order -as resigning members, next the ones whose last election to the board -of directors is the oldest. In case of equal election dates, then the one -or those whose membership of the association is the oldest will be kept on. - -In case of vacancies the board of directors provisionally provides -replacement of its members. Their definite replacement will be provided -for at the next general meeting. The powers of the members so elected come -to an end on the date when the mandate of the replaced members would have ended. - -The first board of directors is only made up of the executive committee -members and will be completed without consultation by co-optation. - -Each board member, who has not attended three consecutive meetings -without having been excused, may be considered as resigning. - -## Article 9 - Executive committee - -The board of directors chooses an executive committee by secret ballot -from amongst its members and made up of: - -* a chairman, -* a secretary, -* a treasurer. - -The executive committee is renewed every three years, members are re-elegible. - -The first executive committee is made up of: - -* Anne Nicolas, born on 18th February 1971 at Maisons-Lafittes (78), - French nationality: chairwoman ; -* Damien Lallement, born on 21st May 1980 at Lille (59), - French nationality: treasurer ; -* Arnaud Patard, born on 26th January 1980 at Harfleur (76), - French nationality: secretary. - -## Article 10 - Duties of the Executive committee members - -### 10.1 - The chairman calls the meeting of the Board of Directors. - -He represents the association for all functions in social life -and holds all powers needed to that effect. - -He is qualified to appear in court as defendant on behalf of the association -and as plaintiff with the Board of Director's authorisation by simple majority rule. - -He can appeal under the same conditions. - -He can only compromise with the executive committee's authorization -by the simple majority. - -He presides all assemblies. In case of absence or illness, he is replaced -by the vice-chairman or, if not available, by the senior member of the Board -of Directors and in case of equality by the oldest. - -### 10.2 - The secretary general is in charge of everything relating to the correspondence as well as the records of the association. - -He writes the minutes of the assemblies and boards of director's meetings, -and in general, anything in writing about the functioning of the association, -with the exception of it's accounting. - -He is in charge of the special register provided by article 5 of the Law of 1st July 1901, -and the articles 6 and 31 of the Decree of 16th August 1901. -He ensures the execution of the formalities stipulated in those articles. - -### 10.3 - The treasurer is in charge of all that is related to the administration of the assets of the association. - -Under the supervision of the chairman, he effects any payments -and receives any sums owed to the association. - -He is responsible for the accounting of all operations he carries out -and which he reports to the annual general meeting, -which in turn approves his administration as far as required. - -## Article 11 - Meeting of the Board of Directors - -The board of directors meets when convoked by it's chairman: -at least once every 6 months or at the request of a quarter of it's members. - -The board of directors can hold valid meetings by teleconference -or by authenticated IRC (Internet Relay Chat). - -The presence of half of the members of the board of directors is required -in order that the deliberations be valid. - -Decisions are taken with the majority of the recorded votes. - -In case of equality of the votes, the chairman has a decisive vote. - -Minutes of the meetings are recorded. - -The minutes are signed by the chairman and the treasurer. They are written -without gaps or alterations on numbered sheets and kept at the registered -office of the association. - -The board of directors is invested with the largest powers to execute -or to entitle all deeds or operations which meet the association's purposes -and that are not reserved to the general assembly. - -It convokes the general assembly. - -It oversees the executive committee members' administration and may ask them -for an accounting of their deeds. - -It decides on the admission or expulsion of the association's members. - -It entitles the chairman and the treasurer to make any purchase, transfers -or rentals necessary for the functioning of the association. - -In addition, the members of the board of directors may get a refund -on their expenses. - -The deliberations of the Board of Directors about property acquisitions, -exchanges and transferrals necessary for the purposes of the association, -taking on of mortgages on those properties, leases exceeding nine years, -transferrals of possession and loans must be approved by the general assembly. - -## Article 12 - Ordinary general assembly meeting - -The general assembly meeting is composed of the founding members, -the active members, the honorary members and the benefactor members -of the association, upto date with their subscription dues. - -It meets at least once a year, at the latest six months after closing -of the accounting year and each time when it is convoked by the board -of directors, or at request of at least a quarter of it's members. - -For each meeting, the convocations must be sent 10 days in advance -and contain its agenda. The calls are sent by e-mail -and by displaying them on the association's web site. - -The agenda is set by the board of directors. - -The chairman is the president of the general meeting. - -The chairman describes the state of affairs of the association. - -The treasurer accounts for his administration in a financial report -which he submits for the general meeting's approval. - -The general meeting acquaints itself with the board of director's administrative reports. - -It approves the financial report of the past year's accounts, -votes on the budget of the next year's accounts, deliberates the questions -on the agenda and if applicable, votes on the renewals in the board of director's memebers. - -All deliberations of the general meeting are taken with a simple majority -of the rexpressed votes. However, dismissals from the board of directors -are decided by a three-quarter majority. - -The general assembly quorum is set at 50% of the present and represented members. -Any member cannot have more than two powers to vote. - -The secret ballot is adopted if a member asks for it. - -Ballot conditions are defined each year by the board of directors. - -Board of director's deliberations concerning property acquisition, transferral -and alienation necessary for the purposes of the association, -taking on of a mortgage on this property, leases beyond nine years, -alienation of possession and loans must be approved by the general meeting. - -Minutes of the meetings' deliberations are recorded by the secretary -in a register and signed by himself and the chairman. - -## Article 13 - Extraordinary general meeting - -The statutes can be modified by the general meeting, -at the board of directors' instigation, or at the instigation of at least -20% of the members that attend the general meeting. - -In each case, the proposed modifications are recorded in the next -general meeting's agenda which must be sent to every assembly member -two weeks in advance. - -The extraordinary general meeting's deliberations are invalid -if not at least one third of it's members are present or represented. - -If this quorum is not reached, a second general meeting is called with -the same agenda, with a delay of at least two weeks' time. - -No quorum is required for the second call. - -The statutes can only be modified with a two-third majority -of the members present, both after the first and after the second convocation. - -## Article 14 - Dissolution - -The general meeting can also be called, on the same terms as above, -to pronounce it's opinion about the dissolution of the association. - -It's deliberations are not valid if not at least half of it's members -are present or represented. - -If this quorum is not reached, a second assembly is called for, -with the same agenda, after a minimum period of two weeks' time. - -For the second convocation a quorum is not required. - -The dissolution of the association can only be approved with a two-thirds -majority of the members present, both after the first and after the second call. - -The general meeting makes one or several liquidators responsible -for the liquidation of the association's liabilities and assets. - -It gives the net assets to one or several similar organisations, -or to any one organisation it will decide, but excepting the members of the association. - -The liquidator(s) is (are) charged to carry out all declarations -and publication formalities as provided for by the laws and regulations currently in force. - -## Article 15 - Resources - -The association resources are made up of: - -* help, mostly financial, that can be put at the disposal of the association - by any natural or legal person -* donations received by natural or legal persons -* income from assets -* subcriptions or inscriptions of its members as they are set by the general meeting -* grants from the State, from departmental or communal authorities, - and from public enterprises -* resources created on an exceptional basis and as far as needed - with any agreement by the authorities (collections, lectures, raffles, - meetings, shows, etc., authorised for the profit of the association) -* sales to the members - -and any other resources authorised by the law - -* proceeds from sales of assets or of services delivered -* industrial property ('trademark') revenues. - -## Article 16 - Internal regulations - -The board of directors may set out internal regulations that will be approved -by the general assembly. - -Such regulations, if any, will specify the modalities of executing the present statutes. - -They may equally fix any points not foreseen in these statutes. - -Subsequently, it will be possible to update the internal regulations -through modifications that the board of directors will have to submit -for approval to the general meeting. - -The internal regulations are applicable to all association members. - -## Article 17 - Legal competence - -The competent court for any actions concerning the association is the one -in whose area the association has it's registered office.
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