BRENTA RIVER WATER BASIN Amateur Sports Association
Via A. Volta n. 3
36061 - Bassano del Grappa - (VI)
Fiscal Code and VAT number 02858270248
* * *
* * *
TITLE I °
Of the Association in general - Purposes and purposes
The Amateur Sports Association is established with unlimited duration
"BRENTA RIVER WATER BASIN"
with headquarters in Bassano del Grappa (VI), Via Margnan n. 15.
The "BACINO ACQUE RIVER BRENTA" is a free association of amateur and sport fishermen, animated by the common intention to practice fishing itself in rational and organized forms, without professional or profit purposes. The Association agrees to comply with the rules and directives of CONI, as well as the Articles and Regulations of the Recognized Entity to which it will eventually be affiliated.
To achieve its goals, the Association aims to:
a) to manage, by means of concessions, the public waters of the Province of Vicenza in order to organize and regulate the exercise of sport and amateur fishing, in compliance with the obligations deriving from possible concession measures and the general and particular precepts established by the laws and from the relevant regulations;
b) to provide for a rational cultivation of water, based above all on increasing the natural productivity of aquatic ecosystems, on biological rebalancing and maintenance of the original genetic lines of fish species, conforming to the indications contained in the Fish Charter of the Province of Vicenza;
c) to promote meetings, sporting and recreational events, promotions
tourist motion and any other initiative aimed at enhancing the ethical and social values of the sport of fishing, as a means of moral upliftment, physical improvement and healthy use of leisure time.
The Association draws the means for its operation and for the achievement of its goals from the financial contribution of the Members.
Means, equipment and other sources of finalized funding that may derive from the Province of Vicenza for the management of the Concession.
It can also accept contributions in cash or in another form, even from external sources, public or private, because they consist of mere liberality and do not, however, purpose in contrast with those pursued by the Association and do not affect it, in any way , the activity.
The Association, in order to allow amateur and sport fishing to be granted to the fishermen who request it, may also make the daily payment of daily permits, in compliance with the obligations established by the current provisions on tax matters.
The social exercise, to the juridical effects and of the administration, begins with the first January and ends with the last day of December.
Anyone can apply to become an Associate.
All Associates are required to pay the annual fee established within the set deadlines. All members of major age(18) are recognized the same voting rights, eligibility and participation in the life of the Association.
For minors it is necessary that the association request is accompanied by the consent of the parents.
Applications for admission must be submitted to the Association specifying complete personalities and the applicant's domicile; they must contain the declaration by the applicant of the commitment to observe the provisions contained in the Articles of Association, in the regulations in force and in the Policy
Provincial Committee for Fisheries.
The Board of Directors decides on the acceptance of the applications.
It is incompatible with the quality of Associate:
a) the exercise of activities contrary to the institutional aims of the Association;
b) the practice of fishing, which is knowingly implemented in violation of the rules governing sport fishing;
c) trade, for profit, of the product obtained from fishing in the waters of the concession served by the Association.
Membership fees are not transferable except for transfers due to death and can not be re-evaluated.
The membership dues correspond, as a rule, in a single solution, at the time of initial registration and subsequent renewals, within the deadlines set by the Board of Directors.
These terms must be adequately publicized by posting at the headquarters and at any contact details. The withdrawal of the membership after the beginning of the fishing season does not give the right to the reimbursement of the fee paid at the time, whatever the reason.
The quality of Associate is lost, as well as for the cases of incompatibility provided for in Article 7), even for failure to pay the annual membership fee within the terms established by the Board of Directors.
TITLE III °
Of the Bodies of the Association
The organs of the association are:
the Assembly of Associates;
the Board of Directors;
the Board of Auditors.
The organs of the Association are elected by the Assembly of Associates and remain in office for five years.
The Assembly of Associates is the supreme deliberative organ of the Association. The meetings of the Shareholders' Meeting are chaired by a Chairman designated by the same and may be, on the basis of the ordinary and extraordinary decisions on the Agenda.
The Ordinary Shareholders' Meeting is called at least annually and the following powers are reserved to it:
a) to approve annually the Statement, both the Final and the Budget, prepared by the Board of Directors;
b) to propose to the Board of Directors any interventions aimed at a more effective, efficient and economic management, in compliance with the general principles indicated in the previous Article 2).
In the Ordinary Shareholders' Meeting, to be held on a public holiday or on a pre-summer evening, every five years, the organs will be renewed as per Article 25).
The following skills are reserved for the Extraordinary Meeting:
a) to approve the Statute of the Association and its possible modifications, respecting the limits established by the legal system;
b) deliberate the eventual termination of the Association.
The convocation of the Assembly of Associates is made through a notice containing the indication of the day, time and place of the meeting and the list of subjects to be treated, to be sent to the Associates at least eight days before the meeting itself letter to the associate's address or by means of notices to be posted, at least fifteen days before the date set for the first call, at the headquarters of the Association and in other appropriate places. The date of the second call must be fixed in the notice of call, to be held at least one hour after the first call.
The Ordinary Shareholders' Meeting must be convened at least once a year, before 31 (thirty-first) January, for the approval of the Statement, both the Consumptive and the Budget.
A copy of the Accountability Report must be kept at the disposal of the Associates, at the Association's headquarters, at least eight days before the date of first call of the Assembly and also posted at the meeting place.
The Assembly of Associates can also be called:
a) on the resolution of the Board of Directors, approved by a majority of at least 2/3 (two thirds) of their members;
b) at the request of at least 1/5 (one fifth) of the Associates who will submit a reasoned request to the Board of Directors.
The Ordinary and Extraordinary Shareholders' Meetings are valid on the first call when there are at least half plus one of the Members with voting rights and, on second call, whatever the number of participants.
The resolutions of the Ordinary Shareholders 'Meeting are taken by a majority of the Members present, while for the resolutions reserved to the Extraordinary Shareholders' meeting, unless otherwise provided by law, a majority of 2/3 (two thirds) of the Members present are required.
Each member, as long as he is of age, has the right to one vote and delegations of representation in the Assemblies are not admitted.
The management of the Association is entrusted to a Board of Directors elected by the General Assembly of Associates, composed of an equal number of Councilors, between a minimum of 8 (eight) that can be raised to a maximum of 12 (twelve) and a ratio of 2 (two) components every 500 (five hundred) Associated or fraction of 500 (five hundred) exceeding the first 1000 (one thousand).
The Councilors remain in office for five years and lend their work for free.
Members of the Board of Directors and in any case may not be elected to the various bodies, and if elected, members who hold associative positions in other fishing associations and the Associates for whom, at the discretion of the other members of the Board of Directors, are ascertained the causes of incompatibility referred to in Article 7 above).
At the meetings of the Board of Directors may participate, without the right to vote, a representative of the Province designated by the same and a representative designated jointly by the Mountain Communities in whose territory they are
including the waters of the basin.
The Board of Directors elects from among its members the President and one or more Vice Presidents, one of whom with vicarious functions, appoints the Technical Director and the Administrative Director.
The Board of Directors may entrust tasks to other subjects chosen from among the Associates or between persons with proven experience in carrying out the technical and administrative management of the waters assigned to management.
The President, assisted by the Board of Directors, is entrusted with the ordinary administration of the Association and the technical management of the concession.
In particular, they are tasks of the Board of Directors:
a) to convene the Ordinary Shareholders 'Meeting by the 31st (thirty-first) January of each year and any extraordinary shareholders' meetings;
b) draw up the annual forecast statement and the related social activity program;
c) prepare the Annual Financial Statement, accompanied by the report of the auditors;
d) adopt disciplinary measures against the Associates;
e) evaluate and decide the cases of incompatibility provided for in articles 7) and 14);
f) give practical implementation to the technical management of the waters covered by the concession in compliance with the management plans identified by the province, as part of the general project contained in the Fish Charter;
g) to formulate to the Province motivated proposals for improvement or modification of the management plan established by the Fish Charter;
h) fixing the annual membership fees, extraordinary contributions for the first admission, as well as the amount to be paid for the assignment of daily permits;
i) provide for repopulation of fish;
j) provide for the recovery of the fishing material in the restocking areas, as well as during natural or artificial dry water courses, availing, if necessary, the means of the Province which will also ensure adequate technical and operational assistance;
k) compile and distribute the personal permit cards for access to the Concession;
l) liquidate the reimbursement of expenses incurred by the members of the Board of Directors and by the supervisory staff not dependent on the Province, as well as the fees for any activities commissioned from external collaborators;
m) identify within the Concession sections of watercourses ("sectors") in which fishing may be otherwise regulated or limited;
n) to deliberate on any commitment to expenditure for the tasks of the institution, verbalizing all the deliberations that must be kept at the disposal of the control bodies;
o) to establish the headquarters of the Association.
The President convenes and presides over the Board of Directors, has the social signature and the legal representation of the Association, can collect sums due in any way also from Public Administrations, releasing receipt. Coordinates and monitors the work of employees in the technical and administrative sector. The President is elected by the Board of Directors, during the first meeting, according to the modalities foreseen by the art. 25 and, in case of resignation or forfeiture, the Board of Directors must provide for the election of the new President within thirty days from the date of resignation or declaration of forfeiture.
The Board of Directors, with the majority representing at least two thirds of its members, can express a motivated motion of no confidence in the President-elect, with consequent loss of office. At the same session the Board will have to provide for the election of the new President.
The Deputy Vice-President, if identified by the Board of Directors, replaces the President in cases of absence or impediment. In his absence, the Board of Directors is presided over by the oldest counselor in age.
The Technical Director proceeds to have the decisions of the Board of Directors carried out
organizing the technical and surveillance services, through voluntary security guards and the services of Associates who voluntarily accept the requested services.
For the fulfillment of his duties, the Technical Director will be assisted by at least one other Director, who in the case of absence or impediment of the Technical Director fulfills the relative functions.
The Administrative Director waits for the accounting organization of the Association.
It also provides for the collection of the revenue of the Association, the custody of the sums available in the current bank, takes care of the internal organization of the Office, implements all the legal and tax obligations deriving from the administrative activity.
He is responsible for the ordinary keeping of the archive, the custody and preservation of correspondence and records of the Association.
It also prepares to draw up the Estimate and Surveying Report as well as the other acts necessary for the association life, such as the minutes of the meetings of the Assemblies of the Associates and of the Board of Directors.
For the fulfillment of his / her duties the Administrative Director will be supported by at least one other Director, who, in case of absence or impediment of the Administrative Director, fulfills its relative functions.
The members of the Board of Directors may be declared expired from their mandate in case of unjustified absence at Board meetings for at least 3 (three) consecutive times or for 5 (five) times in the social year.
In case of resignation, forfeiture or other impediment, the member of the Board of Directors will be replaced by the first of the non-elected in the previous elections.
In the event that there are no other unelected candidates, the President appoints Councilor, on a unanimous proposal of the Board of Directors, an Associate of the Association who has made himself available to lend his work voluntarily.
The Board of Auditors, elected by the Assembly, holds office 5 (five) years and is composed of 3 (three) effective members and 2 (two) substitutes. The College elects a President from among the actual members of the College itself.
The Board of Auditors checks the administration of the Association and its decisions are taken collectively, in the form of a written report.
At least one of the effective members of the College must be an Accountant or graduate in economics and business or other equivalent degree and, if not present among the elected, will be preferentially co-opted among the Associates by the Board of Directors.
For the performance of the various administrative, technical and supervisory tasks, the Association uses mainly the voluntary contribution of its Associates.
The quality of an associate is a preferential title for accessing tasks, except for the possession of the necessary requisites by the interested parties.
The various tasks, such as the security guard, the overseer, the employee for the introduction of fish or other fauna, do not constitute a working relationship, but represent an assignment conferred by the Association and freely accepted by the interested parties.
Tasks must be disengaged for free; however, unless a specific resolution is passed by the competent statutory bodies, reimbursements may be established for expenses incurred or compensation for the activities carried out.
In any case, the staff employed by the Association, for the disengagement of the tasks conferred by it, must be protected by accident insurance.
The Board of Directors may also deliberate to assure the members of the statutory bodies for the risks deriving from the exercise of their mandate, as well as all the Associates for the risks deriving from themselves and / or third parties in relation to the exercise of fishing activities. .
The Association, however, can not be called to respond directly by the Associates or by third parties for damages deriving from the fishing activity of the Associates or other authorized subjects.
They must be called to vote for the election of the corporate bodies and all the adult members can be elected.
The election of the Board of Directors takes place upon presentation of lists accompanied by the signatures of at least 20 subscribing members and presented at least 15 days before the date set for the elections.
Each list must contain a number of candidates for the position of Director, not less than the number of members of the Board of Directors plus one.
Each Member may vote for only one list and can express a maximum number of preferences equal to half of the Directors to be elected.
The votes cast for candidate Board members included in different lists or for a number of candidates superior to the expected number are void.
Candidates for the list obtaining the majority of votes will be elected as Councilor, in order of personal preference.
The Governing Council, during the first meeting, will provide for the election of the President.
In the event of a tie between the lists, voting must be held for the ballot within 15 days; in case of equality between the candidates the eldest candidate will be elected.
The election of the Board of Auditors is in any case on a single list of at least 7 (seven) Members and presented by at least 5 (five) sub-writers; the expressable preferences will be at most 3 (three).
The three candidates who obtained the highest number of personal preferences are elected as standing members of the Board, while the next two will be elected as alternate members.
In case of equal preferences obtained by two or more candidates, the oldest candidate will be elected.
Associates who have signed for the presentation of a list can not sign for the presentation of another list.
The Associates can not be candidates and list subscribers at the same time.
TITLE V °
Of the Transitional and Final Provisions
The present Statute will be transmitted to the Province for the control of the compliance with the Bylaws - the type of concessionary associations.
The norms of the present Statute are binding for all the Associates who renounce, in case of controversy, to every legal action.
Any disputes may be submitted by the statutory bodies and by the individual associated with a conciliation committee composed of two members appointed by the Board of Directors and two members indicated by the Province and chaired by the President of the Association or by a delegate.
The decisions of the Conciliation Committee are final for the Associate.
It is forbidden to distribute, even indirectly, profits and operating surpluses, as well as funds, reserves or capital during the life of the Association.
In case of dissolution of the Association, the patrimony of the same will be devolved to another association with similar purposes indicated by the Province preferably operating in the same territory.
For anything not expressly provided for by this Statute, the provisions of the Bylaws and Regulations of the Recognized Entity to which it will be affiliated, the Rules and the Directives of the CONI are valid and, in the absence, the Civil Code Rules, the Special Laws and the Current Regulations .
THE ORIGINAL STATUTE IS ANNEXED TO n. 89.832 of repertoire and n. 25.848 for the collection of the Notary Fietta of Bassano del Grappa.
The changes proposed at the Extraordinary Shareholders' Meetings on 25/01/2009 and 24/01/2010 are highlighted in bold and underlined