Statute

Statutes
of a non-profit legal entity

“The Bulgarian Association of
Agricultural Producers”

I. General principles

Art. 1. The non-profit legal entity “The Bulgarian Association of Agricultural Producers”, written in Latin as The Bulgarian Association of Agricultural Producers, called just The Association in the present Statute, is independent legal entity.

Art. 2. The Association is an organization, registered for an implementation of activity in private benefits.

Art. 3. The Association is an independent civil non-political organization.
Art. 4. The legal status and the activity of The Association are determined by the edicts of the present Statute, The law for non-profit legal entities and the provisions of Bulgarian laws and international contracts, in which Bulgaria takes part.
Art. 5. The seat of The Association is in Sofia.
Art. 6. The Association has its own staple and bank account.
II. Aims and methods for their realization
Art. 7. The aims of The Association are:
1. to represent, to maintain and to support the agricultural producers in Bulgaria with a view to their activities and to concern for the interest of all its members in front of all state and municipal institutions and in front of any other organs and institutions.
2. to collect, to generalize and to present an agricultural and any other information to its members;
3. to maintain the development of the effective agricultural production and competitive alimentary manufacturing sector, through an improvement of the market and technological infrastructure and strategic investing policy, aiming to reach the European standards in agricultural producers’ activity;
4. to develop the village regions, in line with the best ecological practices, through creating an alternative work load, a diversification of the economic activities and through creating the necessary infrastructure, that shall increase the life standards, the incomes and the job possibilities for people, living in village regions.
5. to maintain its members to develop their activity through providing different services, making business relations and to popularize their possibilities, products and services.

Art. 8. The methods for a realization of The Association’s aims:
1. preparation of positions, recommendations and offers, in a relation with the operative enactments, related to the activity of the agricultural producers;
2. collection of information about national and European programs, related to the sector of agriculture;
3. analyzes and generalization of the information about processes and tendencies in the sector of agriculture;
4. preparation and presentation of offers, analyzes and examinations, related to the development of the agriculture ,to all state and municipal institutions;
5. organization of a professional tuition, qualification an prequalification of agricultural producers, according to the operative enactments;
6. participation in the process of determining the standards and the technical conditions of the products and services in the agricultural sector in line with international and European standards as a guaranty for good productive practice;
7. organization of conferences, seminars, round tables, press – conferences and other forums;
8. preparation of analyzes and leading working negotiations, as a consultation of Bulgarian and international government and non government organization;
9. working in a direction to find voluntary solutions of the arguments, raised in between its members, through the methods of mediation;
10. assistance and vindication of its members’ interests in law trials;
11. partnership with similar organizations in Bulgaria and abroad and participation in the activity of European and other international organizations.
12. taking part in national and international projects and programs;
13. organization and funding of the activities, related to the aims of the association, allowed by law;

Art. 9. (1) The main activity of the Association is: an assistance to the agricultural producers in Bulgaria, with a view to increase their prestige and economic progress.
(2) The whole activity of the Association is working according to the Constitution and the Bulgarian legislation.

Art. 9a. The Association is able to accomplish an additional profit activity.

III. Property

Art. 10. The property of The Association is composed of the right of ownership and other real rights about real estates, movable property, bank accounts and objects of the intellectual property, securities and claims, maintaining the non-profit aim of The Association.

Art. 11. The property of The Association is collected voluntarily from the members and from the other physical or juridical persons trough:
1. a subscription, whose amount is determined by MS or RMC;
2. donations, sponsorships and wills;
3. a transaction of rights and claims;
4. interests of funds and deposits.

IV. Membership

Art.12 (1) Members of The Association can be:
1. Physical persons and juridical persons, occupied by agricultural activity or any other activity connected with it in Bulgaria, as well as the registered, according to Decree № 3 from 29.01.1999 for creating and maintaining a register of the agricultural producers, agricultural producers who must accept the present statute and work in a direction to achieve the aims of the Association.
2. Non-profit legal entities with aims, corresponding with the aims of The Association (collective members);
3. members of non-profit legal entities according to p. 2, are members by rights of The Association since the legal entity gets a membership by itself. In these cases according to art. 21, par. 5 from Law for non-profit legal entities, realizing all members’ authorities and discharging all members’ property duties is a liability of the legal entities, in which the members by rights take part.
(2) The Association has honorary members. Voting honorary membership in The Association is opened to important public figures from Bulgaria and from other countries, capable of significantly assisting The Association in realizing its aims.

Art. 13. Request for admission shall be sent by the candidate to the MC. The decision must be taken on the next assembly of the MC, following the date of the relevant written request according to art.30 of the present Statue. The decision muss be announced to the candidate.

Art. 14. The membership exists since the decision for accepting is taken by MC. The decision must be signed in the protocol book of MC and the name of the new member must be signed in the members’ book of The Association (stringed through and stamped with the stamp of The Association)

Art. 15. Voting membership in The Association is opened to other persons, beside these according to art.12, working in a direction to support its aims and to realize its tasks.

Art. 16. The membership in The Association is voluntary. Every member has right to:
1. to vote and to be voted for a member of The General Assembly /GA/ of The Association as a deputy of Regular members committee /RMC/ of The Association;
2. to take part in the discussions about all matters, connected with the activity of The Association, to make freely proposals and to make his attitude known;
3. to participate in all kind of events, organized by The Association.

Art. 17. The members’ rights and duties, except the property rights and duties, are untransferable and they can not be transferred to the other persons in case of death or termination. Discharging the members’ duties and realizing the members’ authorities can be given as a liability by a member to someone else.

Art. 18 The membership of The Association is terminated:
1. voluntary by the member, after sending a written request to MC or
2. by decision of MC for an expulsion. The expulsion is used as a disciplinary measure in case of a rough non–observance of the statute’s edicts, in case of non –payment of the membership dues till 31 June of the following year with regard to the year for which it should be paid and in all cases of showing no interest and not participating in the activity of The Association .

Art. 19. (1) The amount of the subscription is determined by MC of The Association.
(2) The members by rights realize their property duties according to art.12, par.1, p. 3. In reference to it the Regular members committee /RMC/ has the right to determine a higher amount of the subscription for the members by right according to art. 12, par. 1, p.3
(3) The subscription for the present year must be paid latest till 31 January.
(4) Every member has limited liability till the amount of his property membership dues and he has no personal liability for the duties of The Association.
(5) The honorary members of The Association have no property membership dues.

V. Organization and organs of The Association

Art. 20. (1) According to Art. 24 of The law for non –profit legal entities the organs of The Association are;
a) General Assembly /GA/
b) National branch counsel /NBC/
c) Managing committee /MC/
d) President and Wise President of MC
e) Regular members committee /RMC/
f) Control committee /CC/
(2) The activity of The Association is supported by executive bureau, leaded by executive director.
(3) The members of the governing organs, except the executive director, are working in public principles and their work is not paid. For the realization of the representative obligations, the president of the MC gets monthly funds for representative costs in a amount, determined by a decision of the Managing committee.

A) GENERAL ASSEMBLY

Art. 21. The General Assembly is the main organ of The Association, representing the interests of all its members and it is able to take decisions about all kind of matters, connected to the activity and the existence of The Association.

Art. 22 (1) GA consists of the initial structure of MC, and after the formation of RMC, of the members of MC and 3 deputies of RMC, voted according to the rules of art.34 of the present Statute.
(2) The member, unable to take part personally can make his attitude about the current questions known by giving a written statement to the President of MC.

Art. 23. (1) The General Assembly is convened by MC on its initiative or in initiative of one third of the members of RMC of The Association. It holds in the city, where the seat of the association is. In the last case, if the MC does not extend a written invitation for convening of the General Assembly in a period of one month, the General Assembly will be convened by the local court to the seat of the Association on a written initiative of the interested members or of a person authorized by them.
(2) The invitation must contain the agenda, the date, the time and the place of the General Assembly and on whose initiative it was convened.
(3) The invitation must be established in The State Newspaper and muss be put at a place for announces in the building, where the management of the association is, at least 15 days before the date of the assembly. It must be put on the internet page of the association as well.

Art. 24. (1) The authorities of the General Assembly are:
1. accepts, changes and supplements the Statute;
2. takes a decision for termination, reorganization, amalgamation of the Association;
3. votes and dismisses the members of MC and the members of CC, relieves them of responsibilities, except the executive director. The members of MC and the members of CC do not get payment in this capacity, except the executive director;
4. accepts the report for the activity of MC and for the budget of the Association.
5. overrides the decisions of the other organs of the association, that are against the law, the statute or other inner acts, stipulated in the statute;
(2) The decisions in paragraph 1, p. 1 and 2 shall be accepted with majority of two thirds and the other decisions – with a simple majority of those present.

Art. 25. General Assembly is lawfully transacted if at least half of all members of the Association take part in it. In the event that this quorum is not present the General Assembly is postponed for an hour and after that it is lawfully transacted no matter how many of the members and the delegates participate in it.

Art. 26 . (1) Every member of the general assembly or every delegate has one vote. Voting by authority is not allowed. The members by rights have the members’ authorities according to this statute and according to the law – art. 12. par. 1, p. 3.
(2) Decisions can not be taken about questions, not included in advanced in the agenda and not announced in an appropriate way.

B) NATIONAL BRANCH COUNSEL

Art. 27. (1) The National branch counsel is composed of physical persons, deputies of all collective members of the Association.
(2) In The national branch counsel can not participate more than one deputy of any members of the Association. Connected persons, according to commercial law can not have more than one deputy in the national branch counsel. In RMC can not take part persons who are married, straight kinsmen or collateral kinsmen – brothers and sisters of a member of RMC or Control Committee.
(3)The President of the RMC is the President of Managing Committee.
(4) The national branch counsel:
1. takes decisions for accepting and expulsion of the collective members of the Association;
2. takes decisions about the amount of the subscription of the collective members;
3. reports its activity to General Assembly;
4. votes 2 prime presidents out of its members;
5. prepare documents about a particular branch in agricultural sector, which after an approval of MC are represented as a position of the association about concrete questions;
6. accepts activities’ rules, that must be approved by Managing Committee;
(5) The national branch counsel will be convened at least once a month or in initiative of Managing Committee. The request for convening, together with agenda and written materials will be sent per internet at least 14 working days in advanced before the meeting. The organization of the meeting is a responsibility of the executive director of the Association.
(6) The meetings of The National branch counsel are lawfully transacted if at least half of all its members plus one take part in it. The decisions will be taken with a simple majority of those present.
(7) The decision of The National branch counsel can be taken without organizing a meeting, if the protocol of the taken decision is signed without any notices and objections by all members of The National branch counsel.

C) MANAGING COMMITTEE

Art. 28. MC is a managing organ of the Association, working according to the law, edicts of the present statute and the decisions of the GA.MC takes decisions about the concrete actions of the Association.

Art. 29. (1) MC is composed of 3 /three/ till 7 /seven/ members. The executive director is member by rights of the managing Committee.
(2) The members of the MC are voted for a period of 5 /five / years. After the end of the mandate of the relevant member of the MC, GA takes a decision for his revote or for his dismissal with regard to the end of his mandate. In case of a dismissal the GA votes a new member of the MC on his place.

Art. 30. The meetings of MC are holed at least once in 3 /three/ months. The meetings are lawfully transacted if at least half of all its members plus one take part in them. The decisions will be taken with a simple majority of those present.

Art. 31. A member of MC can not be authorized for more than 2 following mandates, without a decision of GA of the Association.
(2) The member of the MC will be dismissed with a decision of GA in case of non –appearance to the assembly of MC according to art. 30 of the present Statue three times in a row when he has no good reason – illness, military assembly, appearance before the court or before any other state institution or when he has no other reasons, accepted by MC for every single case. The presence of the good reasons muss be proved with a relevant official document according to the Bulgarian legislature.

Art. 32. (1) The Managing Committee:
1. represents the Association and determines the amount of the representative authority of his particular members;
2. works in a direction to realize the decisions of General Assembly and approve the decisions of NBC according to art. 27, par. 4, p. 5;
3. takes decisions about disposition with the property of the Association, according to the edicts of the statute;
4. prepares and presents to GA a budget project;
5. prepares and presents to GA a report for the Association’s activity;
6. determines the order and organizes the accomplishing of the association’s activity and assumes the responsibility for it;
7. determines the address of the Association;
8. takes decision about all issues, that are not part of the authorities of any other organ by law or according to the statute;
9. votes a president and a wise president out of its members;
10. accepts regalements for creation of branch and municipal structures of the Association;
11. votes a national coordinator and regional coordinators of the Association;
12. gives a permission in advanced for the appointment of the executive director and determines his payment.
13. takes decisions for the amount of the subscription, except those for the collective members, determined by The national branch counsel;
14. accepts the basic principles and the activity program of the association.
15. takes decisions about the amount of the representative expense of the President of MC.
16. takes decisions about opening branches of the Association and about choosing and dismissing their managers.
17. takes decisions about participating in other organizations.
18. accepts other inner acts of the Association beside the Statute
19. accepts and expels the members of the Association

(2) The decision of The Managing Committee can be taken without organizing a meeting, if the protocol of the taken decision is signed without any notices and objections by all members of The Managing Committee.

D) PRESIDENT

Art. 33. (1) The President of MC represents the Association in front of all organs and institutions of the state, public institutions, physical and juridical persons in the country and in abroad and leads the present activity of the Association. In absence of the president his authorities are responsibility of the wise president of MC.
(2) The president of MC signs a labor contract with the executive director of the Association.
(3) The president and the wise president of the Association will be voted by MC for a period of 3 (three) years.

E) REGULAR MEMBERS COMMITTEE

Art. 34. After signing up in the list of the regular members of the association, the new member gets part of RMC of the Association.

Art. 35. RMC is a consultative organ of the Association, that represents the interests of all its members and is able to offer projects of decisions about all matters, connected with the activity and the existence of the Association to MC and GA.

Art. 36. (1) RMC is convened in initiative of its president or in initiative of one third of the members of RMC of The association.
(2) The invitation must contain the agenda, the date, the time and the place of the RMC and on whose initiative it was convened.
(3) The invitation must be put at a place for announces in the building, where the management of the association is, at least one month before the date of the committee.

Art. 37. (1) The authorities of RMC are:
1. votes delegates of RMC, to represent it in GA for a period of 5 /five/ years;
2. votes a President of RMC of the association;
3. makes proposals to be voted by MC and/or GA of the Association;
(2) The decisions of p. 1 are accepted with majority of two thirds, and the other decisions – with a simple majority of those present.

Art. 38. RMC is lawfully transacted if at least half of all its members take part in it. In the event that this quorum is not present the meeting of RMC is postponed for an hour and after that it is lawfully transacted no matter how many of the members participate in it.

Art.39. (1) Every member of RMC has one vote. Voting by written authority with notarial attestation is allowed. The members by rights have the members’ authorities according to this statute and according to the law – art. 12. par. 1, p. 3.

Art. 40. The new delegates of RMC in GA of the Association must be voted by RMC latest one month before their mandate is over.

F) EXECUTIVE DIRECTOR

Art.41. (1) The authorities of the executive director of the Association are:
1. does the administrative management of the association’s structures and supports the operative activities of the Managing committee and The president.
2. represents the Association in front of all physical and juridical persons in the country and in abroad, if he is specially authorized by MC.
3. works in a direction to realize the decisions of GA, MC and The president of the Association.
4. gives projects for working programs of the association, connected to its aims as an offer to MC.
5. offers projects for organizing structures and regular schedule of the employs of the Association, to be approved by MC.
6. signs labor contracts with the employs of the association.
7. presents financial reports at the request of MC;
8. does all other tasks, assigned by MC.
(2) In the case of par.2, p. 1 The president and the executive director are able to represent the Association separately and together, if only the MC do not decide something else.
G) CONTROL COMMITTEE

Art. 42. (1) The Control committee is composed of three members, voted for period of 2 years and for not more than two following mandates. The control committee votes a president out of his members.
(2) The Control Committee:
1. realizes the whole inspection activity, connected with the accomplishment of the decisions of GA and MC and those, eventuated from enactments all inner structured documents;
2. sees to the correct use and the defense of the Association’s property;
3. makes checks about activities in the previous 2 points at least once in three months.
4. prepares and presents to GA annual report of its activity;
5. in case of need convenes The managing committee for a discussion of the checks’ results.
(3)The control committee is convened by its president at least once in six months.
(4) The meetings of CC are lawfully transacted if at least half of all its members take part in them.
(5) The decisions of the CC are taken with a simple majority of those present.
(6) A decision of The Control Committee can be taken without organizing a meeting, if the protocol of the taken decision is signed without any notices and objections by all members of CC.
(7) With a view to its authorities, the Control Committee has an excess to the whole documentation of The association.

VI. PERIOD OF EXISTANCE

Art. 43. (1) the association will remain in existence for an unlimited period.
(2) The Association can be terminated by GA, with a decision, taken according to the statute.
Art.44. In case of liquidation, the property of the association, left after the satisfaction of all its creditors, must be given to organizations with same of similar aims, by decision of the liquidator.
VII. COMMON EDICTS

Art. 45. Every member of the association is able to take part in other civil organizations, if their aims do not contradict to the present statute.

Art. 46. Unsettled matters and relations in the present statute must be decided according to the edicts of The Law for non-profit legal entities, according to other edicts in the Bulgarian legislation, connected with the non-profit legal entities and other enactments in the sector of mediation.

Art. 47. The present statute is accepted in The Constituent assembly of the non-profit legal entity “The Bulgarian Association of Agricultural Producers”, holed on third of August in 2004, changed and supplemented by The General assembly of The Association on 31 of March 2008, changed and supplemented on 25 of May 2009, changed and supplemented on 9 of November 2009, changed and supplemented on 10.05.2012, change and supplemented on 10.04.2014.