283 lines
18 KiB
TeX
283 lines
18 KiB
TeX
\documentclass[a4paper,french,10pt]{article}
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\usepackage[french]{babel}
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\usepackage[dvipsnames]{xcolor} % Pour montrer les diffs
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%% Autres pages
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\fancyhf{} % enlève les en-têtes par défaut de LaTeX
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\lhead{\small{\textsl{Statutes of the organization Rézo Metz on \theday{}}}}
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%%%%%%%%%%%%%%%%%%%%%%%
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% Date de l'assemblée %
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%%%%%%%%%%%%%%%%%%%%%%%
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\newcommand{\theday}{May 15, 2018}
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\author{Organization Rézo Metz}
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\title{Statutes of the organization Rézo Metz}
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\date{\theday}
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% Substitution pour permettre les petites majuscules
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{<-> ssub * cmr/bx/sc}{}
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\makeatletter
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\def\maketitle{%
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\begin{center}
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{\huge \@title}\\[3ex]
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amended by the general assembly gathered on \theday{} in Metz (this document is the result of our efforts to translate faithfully the statutes of the organization, but has no legal validity in itself)
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\end{center}
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}
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\makeatother
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\begin{document}
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\maketitle
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\section*{Article 1 : \textsc{Name}}
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The organization called \og{}Rézo Metz\fg{}, regulated by the articles 21 to 79-III of the local civil code, is recorded in the organizations register of the court of Metz under volume CXXIII n\textsuperscript{o}~102/95.
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\section*{Article 2 : \scshape{Aim}}
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The organization is a non-profit entity. Its purpose is the achievement and upkeep of a network in the residence ALOES on CentraleSupélec school's campus of Metz.
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\section*{Article 3 : \scshape{Head office}}
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The head office is set in Metz, at the CentraleSupélec school, 2 rue Édouard Belin, 57070 Metz.
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\section*{Article 4 : \scshape{Duration}}
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The duration of the organization is unlimited.
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\section*{Article 5 : \scshape{Composition}}
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The organization is made up of :
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\begin{itemize}
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\item honorary members ;
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\item benefactor members ;
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\item full members.
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\end{itemize}
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\emph{Honorary members} are legal or natural persons who provided oustanding services to the organization and who received this title from the steering committee.
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\emph{Benefactor members} are legal or natural persons who provided a financial support to the organization and who received this title from the steering committee.
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\emph{Full members} are legal or natural persons who satisfy the terms set by the article 6 and who are up to date regarding their fees according to the article 7. Full members can either be active members or inactive members. Active members are those who were specified as such by the steering committee and who contribute to the organization's life by other means than paying the fee.
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\section*{Article 6 : \scshape{Terms of admittance of members}}
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Any natural person can, on request, obtain the title of full member of the organization providing that :
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\begin{itemize}
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\item they are registered in CentraleSupélec, as student, doctoral student or intern ;
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\item they live in the residence ALOES on CentraleSupélec's campus of Metz.
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\end{itemize}
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Any request for dispensation with regard to the terms of membership hereinabove is submitted for opinion to the steering committee, the administration of CentraleSupélec and the internet service provider RENATER. The final admittance is delivered by the steering committee that, in the event of refusal, does not have to explain its reason.
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\section*{Article 7 : \scshape{Fees}}
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The amount of the subscriptions and the amount of the entrance fee are set by an ordinary or extraordinary general assembly. When they are changed, the new amounts are only implemented for the subscriptions and the entrance fees paid from the date set by the general assembly and at the earliest the following day.
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They are owed by full members only. Any paid fee shall be retained by the organization, save dispensation granted by the treasurer, in agreement with the president of the organization.
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\section*{Article 8 : \scshape{Loss of membership}}
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The membership is lost :
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\begin{itemize}
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\item by death of the natural person or by dissolution of the legal person ;
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\item following the withdrawal from the organization, addressed in writing to the president;
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\item by cancellation delivered by the steering committee for non-payment of the fee, for ingorance of the internal rules and regulations, or for any action causing moral or physical harm to the organization ;
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\item as soon as one of the terms of admittance set by the article 6 is no longer fulfilled.
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\end{itemize}
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Prior to any cancellation, the concerned party is asked by the steering committee to give their written remarks within a two-week period and, if they want to, their oral remarks.
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\section*{Article 9 : \scshape{Resources of the organization}}
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The resources of the organization are made up of:
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\begin{itemize}
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\item the result of the subscriptions and the entrance fees ;
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\item gifts and bequests of all sorts, in compliance with current legislation ;
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\item subsidies that may be granted by the European Union's structures, the State, local communities, public communities or public institutions, as well as organizations or any other legal person in conformity with legal conditions ;
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\item the result of celebrations and events, interests and license fees of possessions and values that it could own as well as remunarations for services provided ;
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\item any other resources or subsidies that would be granted and that would not be contrary to current legislation.
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\end{itemize}
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\section*{Article 10 : \scshape{Steering committee}}
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The organization is directed by a committee of members elected by the general assembly for a one-year term, called steering committee.
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The steering committee is made up of:
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\begin{itemize}
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\item a president ;
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\item a vice-president ;
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\item a secretary and, if necessary, an assistant secretary ;
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\item a treasurer and, if necessary, an assistant treasurer.
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\end{itemize}
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Any member of the organization older than 18 years old, student and up to date regarding their fees, is eligible for the steering committee. The candidates will have to enjoy their civil and political rights. No one can hold several posts of the steering committee at the same time.
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The steering committee is elected for a one-year term by the general assembly one month before the expiration of the previous steering committee at the latest. It will be able to exercise its functions after the expiration of this term. A partial or total replacement of the steering committee can take place on another date in the sole case of the written resignation of one or several of its members. The term of the members of the steering committee elected in this way expires on the date when the term of the replaced members should expire.
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According to the terms of the article 67 of the local civil code : \og{}\emph{Any change of the management as well as any replacement of one of its members must be declared with the aim of registration by the management. To this declaration must be joined a copy of the change or replacement decision\dots{}}\fg{}
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\section*{Article 11 : \scshape{Powers and functions of the members of the steering comittee}}
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The steering committee is in charge of the administrative and financial managements of the organization.
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\subsection*{The president}
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The president is in charge of the moral management of the organization ; he is the only one entitled to take legal action and to represent the organization in every action of the civil life and he is invested with powers to this end. He convenes the general assemblies. He orders the expenses in agreement with the treasurer. In cases of absence or illness, he is replaced with the vice-president.
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\subsection*{The vice-president}
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The vice-president replaces the president in cases of unavailability or holiday. He is then invested with the same powers than the president until the return of the president or the election of the new president. Usually, he is also in charge of assisting the president in the exercise of his functions.
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\subsection*{The treasurer}
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The treasurer is in charge of the accounts and financial managements of the organization, especially the operation of its bank accounts as well as the accounting entry. He insures the recovery of the organization's fees and resources of any kind. He performs the payment and collects the income in agreement with the president.
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\subsection*{The secretary}
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The secretary is in charge of the correspondence and the archives. He writes the official reports of the decisions of the organization and insures the recording in the registers. He is also in charge of the membership file's management. He insures the arranging of the voting processes and insures its smooth running.
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%\subsection*{The assistant treasurer}
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%In the event that this post is filled, the assistant treasurer's mission is to assist the treasurer in the exercise of his functions and to replace him in cases of unavailability or holiday. He is then invested with the same powers than the treasurer until the return of the treasurer or the election of the new treasurer.
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%\subsection*{The assistant secretary}
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%In the event that this post is filled, the assistant secretary's mission is to assist the secretary in the exercise of his functions and to replace him in cases of unavailability or holiday. He is then invested with the same powers than the secretary until the return of the secretary or the election of the new secretary.
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\section*{Article 12 : \scshape{Remuneration}}
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The members of the organization cannot receive any remuneration. However, they will be able to get the repayment of the expenses incurred for the purposes of the organization upon presentation of supporting documents and after the agreement of the president and the treasurer.
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\section*{Article 13 : \scshape{General assembly}}
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\subsection*{Article 13-1 -- Composition and remit}
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The general assembly is made up of all the members of the organization up to date regarding their fees and older than 18 years old on the assembly's date.
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The general assembly is the forum for discussion and direction of the organization in order to facilitate in particular the communication between the members. Moreover, it has sole jurisdiction to vote any amendment of these statutes as well as to dissolve the organization.
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\subsection*{Article 13-2 -- Procedures for convening and agenda}
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The general assembly is convened at least a week before the date of its meeting, in writing, by email, by display on the provided notice boards or by display on the homepage of the organization's website. The general assembly can be convened by the president in the name of the steering committee or when at least a quarter of the members make a written request indicating the aim and the reasons.
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The complete agenda must compulsorily be specified in the general assembly's notifications. A topic different from the amendment of the statutes or the dissolution of the organization can be added to it on request addressed to the president by at least five members of the organization three days before the date set for the assembly at the latest. When the general assembly meets upon request from its members, they have to set the agenda that will appear on the notifications themselves.
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The general assembly is chaired by the president of the organization or, in case of impediment, by the vice-president. Any member of the organization unable to attend the general assembly may be represented by another member of the organization by granting a procuration, delivered in writing or by email to the secretary the day before the general assembly at the latest. No one can hold more than one procuration.
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The general assembly deliberates over the topics included in the agenda and cannot vote in favour of any resolution regarding topics that do not appear on the agenda.
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A report will be written at the end of every general assembly and will be available on one of the organization's websites.
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No quorum is necessary except in cases of the amendment of the statutes or the aim and the dissolution of the organization, as specified in the articles 15 and 16.
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\subsection*{Article 13-3 -- Validity of the decisions}
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The general assembly's decisions are taken by a majority the members in attendance. In case of a division, the president's vote is deciding. These decisions are taken with a show of hands.
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\subsection*{Article 13-4 -- Ordinary general assembly}
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The ordinary general assembly meets once a year, on a date set by the steering committee. It deliberates over the topics included in the agenda and especially % over the official report of the previous general assembly,
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over the financial statements of the past fiscal year and over the budget for the next fiscal year. For this purpose, it hears the reports of the president about the moral situation and about the activities of the past year, as well as the report of the treasurer about its financial situation.
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After having deliberated and ruled over the previous topics, the members of the organization proceed to the election of the new steering committee in conformity with the terms set by the article 10. The newly elected steering committee will then be able to present the outlines of its projects for the coming year, over which the assembly deliberates and rules.
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\subsection*{Article 13-5 -- Extraordinary general assembly}
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The president must convene an extraordinary general assembly in conformity with the procedures of the article 13-2 :
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\begin{itemize}
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\item as soon as he considers it required ;
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\item upon written request addressed to him by at least a quarter of the members of the organization indicating the aim and the reasons ;
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\item upon decision of the steering committee.
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\end{itemize}
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\section*{Article 14 : \scshape{Internal rules and regulations}}
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Internal rules and regulations may be set up by the steering committee before being validated by an ordinary or extraordinary general assembly.
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\section*{Article 15 : \scshape{Amendment of the statutes}}
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These statutes of the organization can only be amended on a proposal from the steering committee or from half the members of the organization, submitted to the steering committee at least a month before the next general assembly.
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For the decisions to have validity, the attendance of half of the general assembly, as specified in the article 13-1, is necessary. If this proportion is not reached, the assembly is convened again, but with a one-week interval at least. It can then legitimately deliberate, regardless of the number of members in attendance.
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Any resolution concerning the amendment of the statutes or the aim can only be adopted by the majority of three quarters of the members in attendance.
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According to the terms of the article 71 of the local civil code : \og{}\emph{Any amendment of the statutes must be declared with the aim of registration by the management to be effective. To this declaration must be joined the original and a copy of the decision to amend}\dots{}\fg{}
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\section*{Article 16 : \scshape{Dissolution}}
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The general assembly called upon to decide the dissolution of the organization and convened specially to this end must comprise at least half of the members of the organization. If this proportion is not reached, the assembly is convened again, but with a one-week interval at least. It can then legitimately deliberate, regardless of the number of members in attendance.
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In all cases, the dissolution of the organization can only be delivered by the majority of three quarters of the members in attendance.
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\section*{Article 17 : \scshape{Devolution of possessions}}
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In case of dissolution by any mode, the general assembly appoints one or several auditors in charge of the liquidation of the organization's possessions. The net asset will be assigned to other organizations or charities pursuing similar goals and insofar as possible authorized by the responsible ministry (at present called ministry of sports, youth, popular education and community life) or appointed by it.
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In no case the members of the organization can receive any share of the possessions of the organization, apart from the repossession of their contributions.
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\section*{Article 18 : \scshape{Insolvency and liquidation proceedings}}
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According to the terms of the article 42 of the local civil code, in its wording resulting from the article 20-III of the law n\textsuperscript{o}~2003-709 of 1 August 2003 :
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\og{}\emph{When the organization is unable to face its current liabilities with its available asset, the management must apply for the opening of insolvency or liquidation proceedings. In case of delays in submitting the opening's application, the members of the management whom a fault is attributable to are responsible to the creditors for the resulting damage. They are considered as joint debtors.}\fg{}
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\vfill
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\vfill
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\vfill
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\hrule height .7pt
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\vfill
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These amended statutes were adopted today by the general assembly and will be declared to the court of Metz, by the president of the organization Rézo Metz, within three months.
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\begin{flushright}
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Done in Metz, on \theday{} in six original copies.
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For the general assembly,
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\end{flushright}
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\begin{center}
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\begin{tabular}{p{3.7cm}p{3.7cm}p{3.7cm}p{3.7cm}p{3.7cm}}
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The president, & The Vice-president, & The Secretary, & The Treasurer
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\end{tabular}
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\end{center}
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\vfill
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\end{document}
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