BYLAWS OF THE ASSOCIATION « JARDINS D’ISSOLE »
Version of 14 April 2022 – Not final
Article 1: Constitution and name
An association is hereby founded between the members bound by these bylaws. It is a non-profit organisation governed by the French law of 1901, and is entitled: « Jardins d’Issole »
To provide further detail on how the association operates and what it does, and to give it greater capacity to adapt to changes in its environment, these bylaws are supplemented by internal rules.
Article 2: Purpose
The purpose of this association is to develop activities, in whatever form, that share know-how and knowledge about gardening and biodiversity, and everything related to them. These activities will also aim to strengthen social ties between everyone who takes part. In doing so, the association will seek to be of cultural and social benefit across the whole Issole basin.
Article 3: Registered office and administrative addresses
The registered office is at 727 Chemin Louis Blériot, 83136 GARÉOULT. It may be moved by a simple decision of the Collège des animateurs (Facilitators' Board) (see Article 9). The next general meeting following this decision will be informed.
The administrative addresses are set by the CAN and specified in the internal rules.
Article 4: Duration of the association
The association is established for an unlimited duration.
Article 5: Affiliation
The association is not affiliated to any federation.
Article 6: Admission and membership
To be part of the association, you must agree to these bylaws and to the internal rules (see Article 11), and pay the membership fee, the amount of which is set by the general assembly. The Collège des animateurs (see Article 9) may refuse admissions, giving the persons concerned a reasoned opinion. In the event of an appeal, the General Assembly will rule as the final authority.
The association and its members refrain from any political or religious demonstration and from any form of discrimination, ensure that these principles are respected and guarantee freedom of conscience for each of its members.
Article 7: Composition of the association
The association is made up of members and honorary members, appointed by the CAN.
Members are those who agree to these bylaws and who are up to date with their annual membership fee.
Article 8: Loss of membership
Membership is lost upon death or if one of the conditions set for admission and/or membership (see Article 6) is not met. In addition, the internal rules (see Article 9) specify the conditions under which a member may be struck off.
Article 9: Administration
The association is run by a collège d’animateurs, hereafter referred to as the “ CAN ”, made up of at least 7 members, elected for one year.
All members of the association who are up to date with their membership fee are eligible.
In the event of a vacancy, the CAN provisionally arranges for the replacement of its members. They are permanently replaced at the next general assembly. The powers of members appointed in this way end at the time when the term of the members they replaced would normally have expired.
The CAN implements the decisions of the general assembly, manages and energises the life of the association, within the framework of, and with regard to, the aims set out in the bylaws.
The internal rules set out the operating rules of the CAN that are necessary for the management of the association and the running of its activities.
Each of its members may be authorised by the CAN to carry out all the declaration and publication formalities required by law and all other acts necessary for the running of the association, provided that they have been decided on beforehand by the CAN.
All members of the CAN are jointly responsible for the commitments entered into by the association.
Any contract or agreement made between the association on the one hand, and a member of the CAN, their spouse or a close relative on the other, must first be submitted to the CAN for authorisation and presented for information at the next general assembly.
The CAN meets as often as necessary and whenever a simple majority of its members requests it. At least half of the members must be present for the CAN to deliberate validly. Decisions are taken by consensus or, failing that, by a simple majority of the votes of those present. Voting by proxy is not permitted.
Article 10: The finances of the association
The financial resources of the association may consist of:
* membership fees;
* grants, whatever their origin;
* donations, where applicable;
* any occasional surpluses generated by the organisation of the activities run by the association;
* any other resource authorised by law.
Management accounts are kept up to date. In addition to its assets, these accounts must make it possible to determine the nature and amount of all the association’s income and all its expenditure.
Article 11: Internal rules
Internal rules are drawn up by the CAN to supplement these bylaws. They must be approved by the general assembly when the association is founded, and any changes to them must be reported, after the fact, at the following annual general assembly.
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Article 12: The general assembly
12.0 – Statutory general assembly
It meets every year.
At least fifteen days before the set date, the members of the association are summoned by the CAN by any available means. The agenda is stated on the notices of meeting. The documents needed for the discussions and decision-making are enclosed with the notice.
The quorum required for the assembly to be held must represent at least 30% of the members of the association who are up to date with their membership fee. Proxies addressed to the CAN and validated by it are permitted. They are limited to three per member.
If there is no quorum, a new general assembly, with the same agenda, is called within the following month, with no quorum required in order to deliberate.
The CAN leads the general assembly and reports to the members on the management of the association and on the activities carried out during the financial year in question. After these reports, a vote on their approval is put to the members.
Furthermore , on the proposal of the CAN:
*The general assembly sets the amount of the annual membership fees.
*It approves the plan of activities envisaged for the following financial year.
*It approves the association’s provisional budget.
*It is informed of changes to the operating structure of the CAN.
Decisions are taken by a simple majority of the votes cast by a show of hands. A secret ballot may be held if requested by any member present.
At the end of the meeting, members may raise any other business they wish
The minutes of the general assembly are drawn up by the CAN and sent to the members by all the means at its disposal.
12.1 – Extraordinary general assembly
If necessary, at the request of the CAN or of a quarter of the members of the association, an extraordinary general assembly may be called by the CAN, in particular for an amendment to the bylaws or the dissolution of the association.
The conditions for calling the meeting are the same as for the ordinary general assembly. For its deliberations to be valid, at least 30 % of the members of the association who are up to date with their membership fee must be present. If the quorum is not reached, the extraordinary general assembly, with the same agenda, is called again, fifteen days later. It may then deliberate whatever the number of people present. Decisions are taken by a simple majority of the members present.
The minutes of the general assembly are drawn up by the CAN and sent to the members by all the means at its disposal.
Article 13: Dissolution
The dissolution of the association, which is carried out in accordance with the legal procedures, is decided at a general assembly, ordinary or extraordinary.