Association subject to the French law of 1st July 1901 and the decree of 16 th August 1901.
Head office : 6 Rue des Fonds Verts, 75012 Paris
Association declared n° W751245451 - Registered on 28th July 2018
Rules and regulations
Ratification by the Extraordinary General Meeting of 28 th April 2019
These internal regulations are established by the Board of Directors in application of article 13 of the articles of association of the Naktivity Association, subject to the law of 1 July 1901 and the decree of 16 th August 1901.
It is intended to supplement the Association's Articles and to fix various unspecified points, in particular those relating to the Association's internal administration.
The present rules of procedure should be send to all members of the Association. They apply to all members and are annexed to the Association's Articles.
It could be modified by decision of the General Meeting.
The Rules of Procedure provisions should be interpreted in the light of the Association's articles. In the event of any ambiguity or contradiction, the statutes will be applied in priority over the rules and regulations.
TITLE I - MEMBERS OF THE ASSOCIATION
ARTICLE 1. – MEMBERSHIP
Newcomer can join the association at any time.
Membership is free and open to any applicant wishing to join. To become a member of the Association, each applicant simply needs to fill in a dated and signed membership form, specifying the commitment to respect the statutes and internal regulations.
Once the membership form has been sent to the Association, the member is required to pay the membership fee. An acknowledgement of receipt of the membership will be sent to the member, together with a copy of these rules and regulations. All members must accept the Association's Articles and these internal regulations in full and without reservation.
ARTICLE 2 - MEMBERSHIP FEES
Membership is subject to the payment of an annual membership fee, the amount of which is fixed each year at the Association's Ordinary General Meeting.
The membership fee for the current financial year is €10 (ten euros).
Membership is valid for a period of one year from the date of payment of the membership fee. Any membership fee paid to the Association is definitively due. No refund of membership fees may be required during the year for any reason.
Each member will be reminded of the need to renew their membership fee every year, without payment of this fee, a reminder will be issued to the member by mail, post or e-mail, granting a period of time to regularize the situation. If, at the end of the period granted, the member has still not paid his subscription, he will be automatically withdrawn from the Association.
ARTICLE 3 - RIGHTS AND DUTIES
Members may take part in all the activities provided by the Association, according to the number of places available. They may take part in the Association's activities and projects. They agree to respect the facilities and equipment provided by the Association.
Members undertake not to cause moral or material damage to the Association and/or other members. They also agree not to harm others by inappropriate words or behavior.
The members have the right to participate in the general meetings of the Association, with the right to vote. They are also eligible for election to the Association's Executive Committee or the Board Management, provided that they are up-to-date with their subscriptions.
ARTICLE 4 - DISCIPLINARY PROCEDURES
The members are required to respect the statutes and these internal regulations, as well as the safety instructions given by the members of the Association. Failing this, when circumstances so require, the Association may issue a warning against a member who does not comply with the established rules, whose attitude is prejudicial to the Association, or who declines to pay his or her dues, without this list being exhaustive.
This warning is given by the Association's board or the Administrative Council, after hearing the explanations of the member against who a warning procedure has been initiated. Members receiving two warnings will be subject to an exclusion procedure for a temporary or final period, as described below.
Exclusion from the Association
In accordance with the articles, a member of the Association may be excluded for the following reasons, this list is not exhaustive:
- non-payment of contribution
- damage material
- dangerous and disrespecful behavior
- offensive remarks towards other members of the association • Behavior that is not in line with the ethics and value’s association
This exclusion will be pronounced by the Executive Committee, the Board of Directors or the General Assembly after the testimony of the member against who an exclusion procedure will be initiated.
In addition to the above-mentioned cases, a member can be removed from the office by a reasoned decision of the Board of Officers or the Administrative Council on serious and justified grounds. The member affected by the removal measure is notified by registered letter with acknowledgement of receipt, 15 days before the actual decision is taken, in order to allow him/her to explain his/herself reasons before a final decision. The removal measure will be taken after hearing the member concerned.
Any violence, disrespect, behavior or communication that is harmful to the Association may result in legal pursuit and immediate expulsion from the Association.
If it considers useful, the Executive 's Committee or the Board of Directors may decide, for the same reasons as those indicated above, to suspend a member temporarily rather than expel him or her.
This decision results of the concerned member losing its membership and its right to participate in the life of the Association for the duration of the suspension. If the suspended member was also entitled to hold elective office, the suspension automatically entails the ending of its mandate.
ARTICLE 5 - CANCELLATION
In cases other than those resulting from disciplinary sanctions as described above, members of the Association also lose their membership in the event of resignation, death, or non-payment of the annual membership fee.
The resignation of a member of the Associationis done by simple mail, which may be freely written, addressed to the President of the Association. The resigning member is then immediately cancelled from the list of the Association’s members and is no longer liable for future contributions. No refund of membership fees is due to the resigningmember.
Member resigning retains the possibility of renewing their membership with the Association at any time.
In the event of death, the membership will be automatically cancelled.
TITLE II - ACTIVITIES AND ASSOCIATION'S PREMISES
ARTICLE 6 - PROCESS OF ACTIVITIES
The activities of the Association are carried out in accordance with the Statutes and these Rules of Procedure of the Association. These regulations are therefore binding on the members of the Association, as well as on its volunteers.
The activities take place under the responsibility of the volunteers, who may in particular exclude or prohibit access to any member who does not respect the rules of behavior and safety in force in the Association or in the host structure.
ARTICLE 7: - PREMISES
The members of the Association undertake to comply with the rules and customs of the premises used by the Association, such as the instructions for access and use of equipment, and to ensure the proper occupation of the premises.
TITLE III - HOW THE ASSOCIATION WORKS
ARTICLE 8. - GENERAL ASSEMBLY
Ordinary General Assembly
Notice of the Ordinary General Meeting is sent to the members of the Association fifteen days in advance by mail, post or e-mail. It defines the agenda.
During the Annual General Meeting, are presented to the members :
- The moral report of the association submitted by the president
- The association's activity report submitted by the secretary
- The association’s financial report including the management report and the accounts cancelled by the treasurer
- Any other document that the board will consider necessary to send to the members of the association for the preparation of the GA.
The Ordinary General Assembly is qualified to :
- Approve the moral report
- The activity and financial report
- Set the fees to be paid by members each year
- Renewing the members of the bureau
- Deliberate on the agenda items
The deliberations of the Ordinary General Assembly are taken by show of hands, with the exception of those relating to the election of the Bureau, which are carried out by secret Ballot.
The deliberations of the Ordinary General Assembly are recorded in minutes containing a summary of the debates, the text of the deliberations and the results of the votes. They are drawn up by the Secretary and signed by the Bureau, and will be transcribed in chronological order on the Association's register of deliberations.
Extraordinary General Meeting
The invitation of the Extraordinary General Assemblyis send to the members of the Association fifteen days in advance by post or e-mail. It defines the agenda.
The deliberations of the Extraordinary General Assembly are carried out by secret ballot.
The deliberations of the Extraordinary General Assembly are recorded in minutes containing a summary of the debates, the text of the deliberations and the result of the votes. They are drawn up by the Secretary and signed by the Office, and will be transcribed in chronological order on the Association's register of deliberations.
ARTICLE 9. - ADMINISTRATIVE BOARD OF DIRECTORS
The composition of the Association's Board of Directors is described in the Association's Articles.
The Board of Directors is in charge of the management of the Association and the preparation of the work of the General Assembly, of which it establishes the agenda and implements the decisions. It is also competent to decide on the expulsion of a member having committed a serious fault. It is vested with the broadest powers to carry out or authorize all acts or operations within the limits of its purpose and which are not within the responsability of the General Assembly.
It oversees the management of the member’s Office and a right to be held accountable for their actions. It also closes the budget and the annual accounts of the Association, this list not being exhaustive.
The Board of Directors meets at least four times per year, when convened by the Chairman or at the request of at least 50% of its members.
Any member of the Board of Directors who, without excuse, has not attended three consecutive meetings, may be considered to have resigned.
At the end of each meeting, minutes are drawn up which record all the points discussed and decisions taken.
ARTICLE 10. – OFFICE
The composition of the Bureau of the Association is described in the statutes of the Association.
I. - Chairman
The President convenes the General Assemblies as well as the meetings of the Bureau and the board of directors and executes their decisions.
He represents the Association in all acts of civil life and has the capacity to take legal action in the name of the Association, but may not act without consultation or deliberation of the Board of Directors.
He is in charge of all correspondence and archives. In the event of impediment, he may delegate his duties to the Deputy Secretary, or failing that, to any other member of the Board of Directors.
II. - Secretary
The Secretary acts on delegation of the President by ensuring the administration, organization and proper functioning of the Association of the Association.
III. - Treasurer
The treasurer keeps the accounts of the Association, decides on current expenses as well as presenting a financial report to each Ordinary General Meeting.
He is in charge of the management of the Association's accounts and assets. He keeps regular financial accounts of all operations and reports to the General Assembly, which decides on the management. He makes all payments and receives all receipts.
In the performance of his duties, the Treasurer may have a special mandate in order to carry out the necessary banking acts.
In the event of incapacity, he or she may delegate his or her duties to the Deputy Treasurer, or failing that, to any other member of the Board of Directors.
TITLE IV - VARIOUS MEASURES
ARTICLE 11. - REFUND OF EXPENSES
Only organizational costs incurred by members of the Association on its sole and exclusive account may be undertaken and reimbursed by the Association on presentation of supporting documents, if such costs are proportional to the activity for which they were paid.
A member who has paid an expense on behalf of the Association is thereby justified in claiming a refund, but may also prefer to donate the expense to the Association.
ARTICLE 12. - DEONTOLOGY AND MANNERS
All the activities of the Association must be carried out in a spirit of openness, voluntary work, tolerance and respect. Any behavior contrary to the ethics and values of the Association may be subject to prosecution.
Furthermore, there should be no mention of religion, politics or discrimination of any kind. Members undertake to remain moderate, conscientious, calm and neutral politically, philosophically or religiously, and not to state their preferences, beliefs and ideals.
ARTICLE 13 – PRIVACY
The list of all members of the Association is strictly confidential. Each member of the Association undertakes not to divulge to third parties the contact details and personal information of otherAssociation’ s members, which they have known through their membership of the Association.
The Association also undertakes to comply with the charter of the National Commission of Computing and Liberty (CNIL), as well as the Data Protection General Regulations (RGPD). The file of members of the Association may not be communicated to any person outside the Board of Directors upon request. This file, including the information collected from members necessary for membership of the Association, may give rise to the exercise of the right of access and rectification of the data by each member, in accordance with the provisions of Law No. 78-17 of 6 th January 1978 relating to information technology, files and freedoms.
ARTICLE 14. - ADOPTION, AMENDMENT AND PUBLICITY OF THE RULES OF INTERNAL PROCEDURE
On the proposal of the members of the Association, the Board of Directors or the Executive Committee, it may be modified at the Annual Ordinary General Meeting, after ratification in accordance with the procedures described in the Association's Articles of Association. Once revised, a copy of these internal regulations will be sent to all members within thirty days of the changes being made. These internal regulations may be easily modified, provided that the modifications do not alter or call into question the founding principles and the rules set out in the Association's Articles of Association.
– Done in Villecresnes, on the 28 th april 2019