Statute

Pursuant to Article 12 of the Law of Non-Governmental Organisations (Official Gazette of Montenegro” No. 39/11) founding Assembly of ‘NGO ECOBIOM MONTENEGRO’ (NVO EKOBIOM CRNA GORA) on session from 12.09.2020. adopted:

 

STATUTE

 

I GENERAL PROVISIONS

Article 1
The name of the non-governmental association in the Montenegrin language is: NGO EKOBIOM MONTENEGRO’ – and in the English language in accordance with Article 13 of the Law of Non-Governmental Associations, the name of the NGO is ‘NGO ECOBIOM MONTENGRO’.

Article 2
The abbreviated name of the non-governmental association in the Montenegrin language is: ‘EKOBIOM’ – and in the English language, the abbreviated name of the NGO is: ‘ECOBIOM’.

Article 3
The seat of the association is in Sutomore, Pobrđe, no. 252.

Article 4
The work of the association is public.
The publicity of the work of the association is realised through a press release, by publishing annual financial reports and other data relevant to the work of the association, which can be found on the website of the association, through social media etc.

Article 5
The association is established for an indefinite period of time.

 

II OBJECTIVES AND ACTIVITIES

Article 6
The goals of the association are:
1. supporting and promoting development of social and ecological humanity in Montenegro, to inspire individual and group contribution towards the development of a safer, healthier and better life in their country;
2. supporting humanitarian factors, organisations and actions for the common good, necessary for development of a healthy society; as well as for social stability, resilience and self-sustainability of the country even in the most disadvantageous conditions of natural or manmade induced global crises and catastrophes (e.g. sudden climate changes, economic crush, epidemics etc);
3. raising Montenegrins’ awareness about the importance of healthy nutrition, healthy lifestyle, a more humanistic relationship with themselves and towards others, as well as raising ecological awareness to know how to better care for their environment;
4. facilitating healthy psychophysical development of Montenegrins’ youth via spreading knowledge of health-building, organising preventative, regenerative and recreational sport activities, and their voluntary active involvement in humanitarian actions for a higher good;
5. facilitating harmonious family dynamics, as well as helping and supporting elderly and ill people, who are not sufficiently taken care of by their family, relatives, friends or the government.

Article 7
The activities of the association are:
1. raising awareness in Montenegro about the importance of voluntary humanitarian activism for the benefit of society as a whole; about strengthening physical, mental, emotional and social health; about improving quality of interpersonal relationships towards achieving harmonious private and professional relationships of the citizens of Montenegro; as well as about the ways and means of improving, taking care and raising awareness of our environment;
2. organising social initiatives of humanitarian, ecological and economic benefits for Montenegro and voluntary actions for strengthening an individual’s and group’s physical and psychological health and stamina, as well as voluntary actions for ecological sustainability and prosperity (e.g. foresting, recycling, cleaning beaches etc.);
3. organising and offering help and support to neighbours and other citizens who do not have the necessary help from family, relatives, friends or government;
4. facilitating, promoting and organising recreational sport activities (such as yoga, pilates, meditation, tennis, classical and modern dancing etc.);
5. raising foundations necessary to sustain the organisation from national and international donors and organisations.

Article 8
An NGO is a legal entity that has its own seal. NGO ECOBIOM MONTENEGRO. The seal of the organisation is round in shape, with writing around the rim containing the full latinic script containing the name of the NGO in Montenegrin and English ‘NGO EKOBIOM SUTOMORE NGO ECOBIOM MONTENEGRO’ ; and in the middle is the logo of the association, which is in the shape of a red heart with a green leaf, as seen below:
The seal is kept by the person authorised to represent the association.

 

III INTERNAL ORGANISATION

Article 9
The bodies of the association are the Assembly and the person authorised to represent (President).
An NGO may have members, supporters and honorary members.

 

IV ASSEMBLY

Article 10
The Assembly is the highest governing body of the association.

Article 11
The Assembly consists of all members of the non-governmental association. The president is elected from among the members’ associations at the constitutive session of the Assembly.

Article 12
The mandate of the Assembly lasts 10 years.
After the expiration of the mandate, the Assembly continues to work until a new one is constituted, which can last up to one year.
The term of office of the President of the Assembly is five years. The same person can be elected as President of the Assembly more than once.

Article 13
Powers of the Assembly:
1. Adopt the statute of the association;
2. Adopt amendments to the statute;
3. Elect and dismiss the person authorised to represent;
4. Provide guidelines for the work of the NGA;
5. Elect and dismiss other bodies of the association;
6. To make decisions about the association and other forms of the association;
7. Adopt the work plan for the following year and the reports from the previous calendar year;
8. Adopt the annual financial report;
9. Decide on change of purpose and activity cessation of work and distribution of the remaining assets of the association;
10. Decide on other issues for which the statue does not determine the competence of other bodies of the association.

 

V CONVENING THE ASSEMBLY

 

Article 14

The work of the Assembly is managed by the President of the Assembly.
The Assembly can be regular or extraordinary.
The Assembly is convened by a written invitation indicating the time and place of the meeting and proposing its agenda, at least 10 days before the event; with a call for appropriate materials (reports, proposals, etc.)
An extraordinary session of the Assembly may be scheduled at the initiative of at least one third membership, no later than 30 days from the day of submitting the request for its convening.

Article 15

The Assembly meets regularly once a year. The regular session of the Assembly is convened by the President of the Assembly.
An extraordinary session of the Assembly may be scheduled at the initiative of at least one third membership, no later than 30 days from the day of submitting the request for convening.

 

VI QUORUM FOR WORK AND DECISION MAKING

Article 16
The Assembly may sit and decide it more than half of the members of the NGA are present, in person, or through an authorised representative.
The quorum for work and decision-making is determined by the President of the Assembly, who opens its session.

Article 17
Each member of the Assembly carries one vote.
At the beginning of the session, the President of the Assembly informs those present about any absent members who have issued a power of attorney or authorisation to a third party established as a part of the quorum.

Article 18
If the Assembly could not be held due to lack of quorum, it shall be reconvened within seven days, with the same agenda.

Article 19
The initiative for beginning the procedure of amendments to the Statute may be given by at least two thirds of the members of the Assembly, as well as the President of the non-governmental association.
Amendments to the Statute of the Assembly are decided by two-thirds majority vote of the present or authorised members of the association.

Article 20
The Assembly decides on other issues within its scope, by a majority vote of the present members of the association.

 

VII METHOD OF DECISION MAKING

Article 21
The Assembly decides by public vote, which is done by raising one’s hand or voting by roll call of members.

Article 22
The Assembly decides by silent vote on certain issues, when required by at least 50% plus one member of the association. The secret vote is conducted through ballots.

Article 23
An absent member may also vote in writing.
The letter by which the absent member votes on the issues from the agenda is valid and is taken into account if it reaches the Assembly before it is held.
The President of the Assembly is obliged to inform the present members how the absent member voted.

 

VIII CONCLUSION OF VOTING RIGHTS

Article 24
A member of the Assembly may not vote when deciding on issues:
1. Exemption from certain obligations and responsibilities of that member;
2. On determining the requirements, it has in relation to that article;
3. On initiating and withdrawing from a dispute against that member
4. In other cases, when the member has an interest against the interest of the organisations.
5. When the interest of the member referred to in paragraph 4 of this Article is contrary to the interest of the organisation.
When the interest of the member referred to in paragraph 4 of this Article is contrary to the interest of the organisation, the Assembly shall evaluate in each specific case.
The exclusion of members’ voting rights refers only to the question of when the exclusion occurred.

 

IX MINTUES OF THE ASSEMBLY

Article 25
Minutes of the Assembly are kept at each session of the Assembly. The minutes include data on the work of the Assembly and in particular:
1. Place and day of the session
2. Agenda
3. Names of present members
4. Name and surname of the President or Chairman (if the President cannot attend the session for justified reasons)
5. Name and surname of the recorder
6. The course of work and especially the issues under discussion, the names of the persons who participated in the discussion and the summary of their presentations;
7. Result of voting on individual items on the agenda;
8. Statement of the chairman on decision making;
9. Dissenting opinion of members;
10. Session end time.

Article 26
Each decision of the Assembly is recorder in the minutes.
Evidence of convening the Assembly shall be attached to the minutes.

Article 27
The minutes shall be signed by the President of the Assembly and the recorder.
If the minutes consist of several pages, the President and the recorder shall put on each page of the minutes its abbreviated signature (initials).

Article 28
Members of the Assembly have the right to review the minutes after their compilation and signing by the Chairman and the recorder.

Article 29
The minutes of the work of the Assembly are kept in the archives of the organisation, as a document of permanent value.

 

X MEMBERSHIP IN THE ORGANISATION


Article 30
Members of the non-governmental association may be an adult of legal age and business-able person and a legal entity that:
1. Wishes to contribute to the achievement of the goals of the non-governmental association;
2. Accept the goals and activities determined by the Statute of the NGA;
3. Pays the membership fee in accordance with a special decision on membership fee, which is made by a person authorised to represent the non-governmental association.

Article 31
The procedure for admission to the membership of a non-governmental association is initiated by signing the application form.
The decision on admission to membership is made by the President of the non-governmental association, within 30 days from the day of submitting the application and notifying the applicant without delay.
The condition for admission to membership is the payment of membership fees for the current year within 15 days from the date of the decision on admission, under the threat of its abolition.
Records are kept on the members of the non-governmental association, and in particular:
1. Full name and surname as well as residential address;
2. Telephone number and email address;
3. Date of joining the organisation;
4. Date of termination of membership.
The records are available for inspection to all members of the non-governmental association and the authorities upon their request.

 

XI RIGHTS AND OBLIGATIONS OF MEMBERS OF THE ASSOCIATION


ARTICLE 32
Each member has the right to:
1. Participate on an equal footing with other members in achieving goals of the association;
2. Directly participate in decision-making at the Assembly, as well as through the bodies of the association;
3. Elects and is elected to the bodies of the organisation;
4. Be timely and fully informed about the work and activities of the association.
Each member is obliged to:
1. Actively contribute to the achievement to the goals of the association;
2. Participate in accordance with the interest in the activities of the association;
3. Pays the membership fee;
4. Performs other tasks entrusted to him by the Assembly of the association.

Article 33
The person authorised to represent determines the amount of the membership fee that the members of the association pay no later than the end of January of the current year.
The person authorised to represent may, on the basis of transparent and objective criteria, determine one or more categories of members to whom the association provides certain services or who engage the association for certain areas of interest to the association, and accordingly determine a higher or lower membership fee than the membership fee specified for other members of the association.
The person authorised to represent the decision on changing the amount of the membership fee is obliged to inform the Assembly at the next session.

 

XII TERMINATION OF MEMBERSHIP

Article 34
A member may withdraw from membership by giving a written statement of withdrawal.
Membership from the association is terminated on the basis of the decision of the Assembly, in case of non-compliance provisions of this statue or damage to the reputation of the association.
The initiative for expulsion from the organisation can be submitted by any member of the association.
The member must be given the opportunity to state the reasons for which the proposal for making a decision on the termination of his membership in the association was submitted.

 

XIII SUPPORTERS OF THE ASSOCIATION

Article 35
A supporter of the association is a natural or legal person who materially or otherwise helps the work and achievement of the goals of the association.
The supporter of the association signs a statement which legitimises himself or herself in that capacity and declares the type of help and support they provide to the association.
The supporter has the right to participate in the realisation of the goals of the association and attend the session of the Assembly at which the report on the work and financial operations of the association is adopted without the right to vote, but with the right to discuss that agenda item.
Records are kept on the association’s supporters, which contain information on personal name, date of birth and an address for an individual, registered offices, email address and contact telephone number, date of giving the statement of accession, as well as date, type or amount of assistance provided to the association.

 

XIV HONORARY MEMBER OF THE ASSOCIATION

Article 36
An NGA may also have an honorary member.
An honorary member is an individual or legal entity who has significantly contributed to the work of the non-governmental association and the achievement of its goals.
The honorary member is obliged to respect the Statute and other acts of the non-governmental association and to do so raises his reputation.
The proposal for the appointment of an honorary member is submitted by the President of the NGA and the decision on the appointment is made by the Assembly.
An honorary member of the NGA has the right to participate in the work of the Assembly without the right to vote, to give proposals and suggestions regarding the work of the body of the NGA and to be informed about its work not attending sessions.
The NGA keeps a special record of honorary members which contains information about their name or/and title, address of location including offices/headquarters or similar, contact telephone and email address.

 

XV PERSON AUTHORISED TO REPRESENT THE ASSOCIATION

Article 37
The President is the person authorised to represent the NGA.
The President is appointed by the Assembly at the constitutive session of the association.

Article 38
The term of office of the President is five years.
At the end of the term, the President may be reappointed.

XVI AUTHORISATIONS OF THE PERSON AUTHORISED TO REPRESENT


Article 39
The President of the association has the following powers:
1. Proposes and executes the decisions of the Assembly;
2. Organises the performance of the activities of the NGA;
3. Responsible for the legality of the work of the NGA;
4. Adopts general acts of the NGA;
5. Makes decisions on starting the development of projects that achieve the goals of the NGA;
6. Signs contracts and undertakes other legal actions for the purpose of the realisation of projects of the NGA, as well as for other contracts;
7. Adopts an act on the internal organisation and systematisation of jobs; as well as undertakes the procedures regarding permanent employment or temporary contract within the NGA; oversees the procedures and makes the appropriate decisions for all employment-related activities within the organisation.
8. Forms working bodies for the development of projects and action plans;
9. Decides on the logo and website of the NGA;
10. Submits to the Assembly the annual work report and periodic reports;
11. Submits to the Assembly the annual work plan and the annual financial report;
12. Makes decision on the amount of membership fee of the NGA;
13. Makes a decision on a reasonable monthly remuneration for its work in accordance with the possibilities of the NGA;
14. Makes a decision on a reasonable monthly or one-time fee to the members of the NGA for performing activities within the association as well as for professional consultants;
15. Regularly informs the public about the work and activities of the association, through internal and public media;
16. Performs other tasks in accordance with the law, the statute and the adopted acts of the NGA.

XVII LIABILITY OF THE PERSON AUTHORISED TO REPRESENT

Article 40
The President is accountable for his work to the Assembly. For each session of the Assembly of the association, the President is obliged to submit a report on his work for the period between two sessions.

Article 41
The President may be removed from office in the following cases:
1. If there are losses in the business of the association;
2. If by his negligent or unprofessional work or exceeding of authority, he inflicts damage to the association, or if damage could have occurred as a result;
3. Due to the inability to organise and manage the tasks entrusted to him and the tasks within his scope.
Article 42
The Assembly of the association decided on the dismissal of the President.
The decision of the Assembly of the association on the dismissal of the President is final.

 

XIX OFFICIALS (STAFF)

Article 43
Officials will be employed in accordance with the law, according to the act on job systematisation, issued by the Assembly of the Association.

 

XX CONNECTING


Article 44
The organisation may associate, join alliances and make other appropriate associations within the country and/or abroad.

XXI FINANCING

Article 45
The association acquires property from membership fees, voluntary contribution, gifts and donations, as well as in other ways that are in accordance with the law

Article 46
The association will not perform economic activities.

 

XXII TRANSITIONAL AND FINAL PROVISIONS

Article 47
One third of the members of the Assembly may initiate the procedure for terminating the work of the association.
The Assembly decides on the termination of the work of the association by a two-thirds majority vote of the present members of the members of the association.

Article 48
In case of termination of the association, the property of the association will be ceded to another non-governmental organisation/association by the decision of the Assembly.

Article 49
The provisions of the ‘Law of Non-Governmental Organisations’ will be directly applied to all issues that are not regulated by this statute.

Article 50
This statute enters into force on the day of registration of the NGA.

 

Signed on 12.09.2020 in Podgorica:

Dr Tatyana Bosh, MD
Chairwoman of the Founding Assembly