Children Welfare Association Switzerland
Association for supporting people in Nepal
Statutes
A. Name, location, purpose and activity
Art.1
Children Welfare Association Switzerland is a not for profit organization established according to Art. 60 et seq. of the Swiss Civil Code (ZGB), based in Riehen. The association is politically and denominationally neutral.
Article 2
The purpose of the Children Welfare Association Switzerland is to provide assistance to particularly disadvantaged, poverty stricken, underprivileged people in Nepal, in the specific fields of childcare, of promotion of schooling, training and education, and of health care.
The means for this assistance are raised by way of monetary contributions and contributions in kind in all their possible forms like membership fees, donations and subsidies.
Article 3
The Association works in close collaboration with the not-for-profit organization “CWA Pokhara, Nepal”. This latter organization operates a children’s home in Pokhara, Nepal,and has a similar task of charity while being officially registered with the Social Welfare Council in Kathmandu, Nepal.
Art. 4
The promotion and support of the above-mentioned body c.q. organization does not exclude the promotion and support of other comparable organizations/institutions for the fulfillment of the Association’s aims and purposes.
Article 5
The Children Welfare Association Switzerland aims at achieving its purposes as follows, by:
A) Recruitment of members
B) Searching for sponsors from either the private sector or the public sector
C) Maintaining contacts with sponsors
D) Executing any required activities, like e.g. attending bazaars and Christmas markets.
B. Membership
Article 6
Both natural and legal persons can become Member of the Association, provided they support the purpose of the Association. For Membership, registration with the board is required.
Article 7
The members undertake to pay the annual contribution.
Article 8
All members have the same voting rights at the Annual General Assembly.
Only natural persons can be elected in any position.
Article 9
The membership expires either by a written petition for dismissal to the board; or by a resolution of the board in case of non-payment of the annual membership fee despite a reminder; or if the member damages the reputation and interests of the Association.
C. Finances
Article 10
The Association CWA is financed by membership fees, donations and from the proceeds of activities.
Article 11
All members and persons functioning in any way within the Association, do so solely on a voluntary basis.
Article 12
In case of any liability, only the Association’s assets are liable to be charged. Herewith, any personal liability of the association members is excluded.
Article 13
Exiting members or excluded members are not entitled to any part of the Association’s assets.
D. Organization
Article 14
The organs of the association are:
A) the General Assembly (GA)
B) the board
C) an auditor, either male or female
Article 15
The year begins on January 01 of any calendar year and ends December 31 of that year.
Article 16
The Annual General Assembly is held annually before May 31. At least 14 days in advance, GA is invited by letter or by e-mail.
Article 17
Requests to attend by members are to be communicated to the Management Board in writing no later than 8 days before the General Assembly.
Article 18
An Extraordinary General Assembly is convened by the Executive Board if important business requires a GA or if at least one fifth of all members require, in writing, a GA.
Article 19
The transactions of the Ordinary General Assembly are:
- Election of the [vote] counter
- Minutes of the GA
- Annual Report of the Management Board
- Annual accounts
- Setting membership fees
- Approval of statutory revisions
- Election of the Board, President and Auditor
- Treatment of applications
- Various
Article 20
Elections and votes shall occur by straight forward open hand-poll, unless a majority of the members present require a secret ballot. In the event of a tie, the president’s vote is decisive.
Article 21
The Board acts as the governing body and consists of at least 2 members, with a maximum of 5 members. The term of office is 4 years. Re-election is possible. The President can be either male or female and is elected by the General Assembly. For the rest, the Management Board constitutes itself.
Article 22
The executive responsibilities of the Board can be summarized as follows:
- implementing any activities necessary to realize the purpose/goal of the Association
- Keeping the Accounts
- Representing the Association to the outside world
- Preparing annual reports and annual accounts
- Preparing, convening and conducting the AGA
- implementing the decisions of the General Assembly
- Settling all matters not expressly reserved to other bodies.
Article 23
Any two members of the Board in cooperation with each other hold the legally binding signature for the Association.
Article 24
The auditor checks the annual financial statement
and prepares a written report to the GA.
Art 25
The term of office of the auditor is 4 years. The term commences with the election by the General Assembly.
Re-election is possible.
E. Final provisions
Article 26
For any amendments to the Statutes – like e.g. the dissolution of the Association – a two-thirds majority of the members present at the General Assembly is required.
In case of a dissolution of the Association, the GA determines with absolute majority to which not-for-profit purpose with the aim of supporting children’s homes is allocated the association’s funds to, as well as decides on the use of the Association’s Documents and files. Any distribution of Association’s funds amongst the members is prohibited.
Article 27
To the extent that the above statutes contain no explicit rules, the provisions of Art. 60 et seq. of the Swiss Civil Code apply to the Association.
Article 28
These Articles of Incorporation were adopted by the Founding Assembly on June 8, 2008 and will enter into force immediately.
