ACU attempted to keep statutes secret

Nieuws, gepost door: Ex-ACU volunteer M op 11/12/2013 12:01:53

Wanneer: 11/12/2013 - 14:33

When requested by email ACU did not provide their statutes. Here they are anyway.

Statutes of foundations are available at the chamber of commerce, also the ACU ones. that however is an extra step to take and costs a little. In reaction to the refusal of ACU to provide them by email they were requested from the chamber of commerce and here they are.

The annual-reports were also asked for and refused. ACU is obliged to keep them, but not to hand them over to the chamber of commerce. Hopefully ACU will change their mind and publicise them. The measures to publicise them without ACU's consent might escalate the situation even further.

Disclaimer: ACU don't ostracise the emailer, he is not the author of this article.

File: statuten.pdf


Wie: 
hielke

As I said before, the ACU statutes are behind the bar. Everyone can have a look at them when they ask. I put the translations there as well as I also said before. I also said I would put the translation online, in that I am a bit late, sorry ye'all ! But here they are ! And what a lovely read it will be ( not boring at all ).

The translation is not a direct translation in legal terms as I tried to keep it readable so it cannot be used in any legal situation.

Hope you have more fun reading it than I did translating it.

Greetz, Hielke, sometimes nn, sometimes volunteer X, sometimes Prince Ali von Always Laughing Puppets.

1.1
The stichting name is Stichting “Kraakhelder en toch niet fris”.
1.2
The stichting is situated in Utrecht.
1.3
The stichting was established indefinitely.

Purpose, (financial) means.
2.1
The purpose of the stichting is the providing of social-, cultural- and political activities for a wide audience and to help out other organisations with a similar purpose.
The stichting is not after making profit.
2.2
The stichting tries to accomplish this by renting out space to carry out the before-mentoined activities.
2.3
The stichtings financial means consist of:
-what it receives out of subsidies, inheretance, bequest or donations:
-the money it makes from its activities:
-the income from its capital:
-eventual other means.
2.4
The stichting will use all its financial means to reach these purposes.
2.5
The stichting must take care of good management of its capital.

About the board/ management.
3.1
The board of the stichting consists of at least three people, they cannot be underage. The members of the board must be able to make a contribution to the stichting so it can reach its purpopse.
3.2
The board can decide there will be more than three members; this decision must be made unanimous.
3.3
One member of the board must be chosen by the “team”of the stichting.
3.4
When the board has less than three members it can still operate as a board, they must however make sure that as soon as possible the board has at least three members again.
3.5
The members of the board choose from their midst a head of the board, a secretary and a treasurer. The head of the board can only be the head of the board.

The period for being a member of the board.
4.1
The members of the board are appointed for the period of one year. They can be appointed again after this.
4.2
Membership of the board ends:
-after the end of the period for wich a member was appointed;
-by resignation;
-when a member has been dismissed by the board;
-when a member of the board has gone bankrupt or placed under guardianship;
-when the member dies.
4.4
Putting in a resignation or being dismissed can only happen by registered letter.
4.5
A dismissal by the board can only happen when a decision was made by two thirds of the board at a meeting where all the members accept the member being dismissed were present or represented.
Before this happens they must have written consent by the “team”.
4.6
The “team”can make a suggestion for dismissal. The board is free to act on this suggestion.

Boardmeetings and decisionmaking.
5.1
The board meets when the head of the board or two members of the board or the “team”want this to happen but at least once every month.
5.2
The members of the “team”have access to all the boardmeetings. They have the right to speak at a meeting. They do not have a vote at a boardmeeting.
5.3
The boardmembers and the “team”must have a written invitation for every boardmeeting. This must happen seven days before the meeting and contain the points that are going to be discussed.
5.4
The board can only make decision when two third is present.
5.5
If at a meeting two third of is members are not present the board can have a new meeting at least fourteen days later but no more than twenty-eight days. In this meeting they can make a decision on the topics from the meeting before and make this decision when three-fourth of the people there agree, despite how many of the board are present.
5.6
Unless the statutes say different, the board makes its decision on a majority of votes. When someone does not vote the proposal is not agreed upon.
5.7
The board can also make decisions outside meetings. All of the members must, by written consent, be in favor of this decision and be able to show this in any form of written communication.
5.8
Every meeting the secretary, or someone else appointed by the board, keeps a record of the meeting. In the next meeting the board will go over the record and by way of approval, the head of the board will sign these records.

About representation of the stichting and of the members of the board.
6.1
The board represents the stichting, the stichting can also be represented by two members of the board acting together.

6.2
In a boardmeeting a member of the board can only represent one member of the board that is not present and vote for this member. This can only happen with written consent of the member not present.
6.3
The board can give authorisation to one or more of its members and/or a third party to represent the stichting. This has to be a written authorisation and be made public.

The powers of the board.
7
The board is, after written consent by the “team”, able to make agreements on the bying or not bying of registered goods.After written consent by the “team”they can also make an agreement in which the stichting makes a guarantee for someone else.

About the “team”of the stichting.
8.1
The stichting has a “team”. On this “team”are all the members of the stichting as agreed by the board.
8.2
The “team”can authorize one of its members to represent them on the board and let this person make decisions for the “team”as authorised in these statutes.
8.3
The “team”has a right to have a member of the team on the board, as mentioned in article 3.3 and make decisions as mentioned in articles 4.5, article 12 and article 13, decisions that need to be approved or not before the board can make a decision on its own.
There must be a boardmeeting when the “team”requests one.
8.4
The “team”is allowed to be present at every boardmeeting.
8.5
The “team”makes decisions on a consensus of votes in a meeting where at least three quarters of its members are present or represented. If there are not enough members, the “team”can have a new meeting at least fourteen but at most twenty-eight days after the first meeting. On this second meeting the “team”can make a decision based on two thirds of the votes regardless of the fact that not all its members are present or represented.
Different rules on decisionmaking within the “team”can be written down by the board after receiving written consent by the “team”.
8.6
In a boardmeeting a member of the board can only represent one other member of the board. This can only happen after written consent.

The possibillity of a dispute committee.
9.1
If the stichting has people working for it, it must be able to have a dispute committee. The purpose of this committee is to make binding decisions when there is a dispute between the board and the people working for the stichting.
9.2
A dispute is real as soon as one of the parties in the stichting think it is.

9.3
The dispute committee consists of three people, one appointed by the board, one appointed by- and coming from the “team”. The third will be appointed by the first two and has to come from outside the stichting. When this decision cannnot be made by the first two, a soliciter will have to make a decision on account of the party that thinks there is a dispute.

Committees.
10
The board can install committees that can carry out responsibilities for the board.
The committees that will be installed by the board are a bar committee, a cleaning committee, a programming committee and a committee responsible for buying everything, drinks for the bar, new lights, soundsystem, everything.

Rules.
11
After approval by the “team”, the board can make rules. Rules on what the board does and rules for the different committees.
The board can also make rules on what the “team”does, after written consent by the team.
The board will also make a set of houserules for the people that rent/use a space.

Bookkeeping and financial year documents.
12.1
The stichtings booking year is the same as the calendar year.
12.2
Within six months after the end of every booking year/ calendar year, the board must have made ready their financial statements over the previous year.
12.3
This financial statement must include a year-balance. Also a state of revenu and expenditure (what did we earn, what did we spend) and a clear explanation on both.
12.4
This financial statement must have been checked by a registered accountant or a financial specialist appointed by the board.
12.5
In the boardmeeting where the financial statements are dicussed, the secretary will make a report on everything the stichting has been doing the year previously.
12.6
At this same meeting the treasurer will make a report about the statements and what this person did over the previous year.
When the financial statements have been set, the board is discharged.
12.7
The board must send the financial statements to the “team”for approval.
12.8
The board must keep the financial statements for a period of at least ten years.

Changing these statutes or ending the stichting.
13.1
After written consent by the “team”, the board can make changes in these statutes or end the stichting based on a decision that has been made by a majority of two third of the votes in a boardmeeting at which all boardmembers are present or represented.

13.2
If not enough members of the board are present or were represented the members that are present on the meeting can call for a new meeting that has to take place at least fourteen days after and at most twenty-eight days after the first meeting. At this meeting the board can make a change in the statutes or end the stichting with a majority of two third of the votes regardless of how many members of the board are present.
13.3
When a meeting is going to take place about changing the statutes or ending the stichting, the agenda must have a verbal account on the changes or the ending of the stichting.
This agenda must be sent to the members of the board and to the members of the “team”at least twenty-one days before this meeting is taking place.

Dealing with the finances when the stichting is ended.
14.1
After the decision has been made to end the stichting, the board must liquidate the finances of the stichting unless the board appoints another party to do this.
14.2
The liquidation must take place under the conditions put forward according to the Dutch book of law, article 2.23.
14.3
When there is a credit balance, the members of the board have to distribute this money in accordance with the goals of the stichting.
14.4
After the stichting has ended the financial statutes and other papers from the stichting must be kept for at least ten years by a person appointed by the board who has to let this know to the Kamer van Koophandel within eight days.

Final acts.
15.1
In all cases/ situations in which these statutes are not clear, decisions are made by the board.
15.2
Handles about male/ female form which I did not use.
15.3
The stichting, in their proceedings, will not tolerate distinctions based on race, nationality, national minority, gender, personal state, or because of convictions, political preference or sexual preference.
The stichting cannot work for people or organisations that make this distinction.
This article does not include persons or groups that try, by way of “positive”discrimination”to end unequality.

PS, did you like it?


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