| Statute |
|
In accordance with article 14 and article 18 of Associations and Foundations Act (Federation of B&H gazette, number 45/02), the Assembly of “Hrvatsko kulturno društvo “Napredak”” (Croatian Cultural Association “Napredak”), on a meeting held on June 30 2007, issued: STATUTE OF CROATIAN CULTURAL ASSOCIATION “NAPREDAK” I. GENERAL PROVISIONS Article 1 This Statute determines and regulates purpose and organization of Croatian Cultural Association ““Napredak”” (“Hrvatsko kulturno društvo “Napredak””) (hereinafter the Association), rights, obligations and responsibilities of its members, as well as other assumptions and conditions relevant for the work of the Association wherever it operates. Article 2 “Croatian Cultural Association” was created from two associations, one of which was founded in Mostar on September 14 1902, as “Hrvatsko potporno društvo za potrebne đake srednjih i visokih škola Bosne I Hercegovine” (Croatian Support Association for Students of Secondary and High School of Bosnia and Herzegovina in need”), and the other was founded in Sarajevo on November 11 1902 as “Hrvatsko društvo za namještanje djece u zanatstvu i trgovini” (Croatian Association for Installation of Children in Crafts and Trades). These Associations were united based on the decision of their respective Assemblies on January 10 1907, in Mostar and on June 9 1907 in Sarajevo, under unique and joint name “Hrvatsko kulturno društvo “Napredak”” (““Napredak””) (Croatian Cultural Association ““Napredak””). In year 1923 CCA “Napredak” founded “Napredak”’s Cooperative Association for insurance, savings and economy, whose members, after the decision of Regional Court in Sarajevo, number 29/1939 from August 28 1939, joined in Association of “Napredak”’s cooperatives of Sarajevo, whose founder and legal adept is current ““Napredak”” with its center in Sarajevo. Current ““Napredak”” with its center in Sarajevo is legal successor of “Hrvatsko potporno društvo za potrebne đake srednjih i visokih škola Bosne i Hercegovine” founded in 1902, in Mostar, of “Hrvatsko društvo za namještanje djece u zanatstvu i trgovini” founded also in 1902 in Sarajevo, e.g. of united ““Napredak”” from the year 1907, and terminated in 1949, and it is also a successor of all the property and real estates that were given for usage to other subjects in 1949 and later and that were nationalized. Restoration Act and HKD ““Napredak”” Statute were issued on the Restoration Assembly from September 29 1990 in Sarajevo. II. NAME AND CENTER Article 3 Association is named: “Hrvatsko kulturno društvo “Napredak””. Abbreviated name of the Association is HKD “Napredak”. Name of the Association in English language is: Croatian Cultural Association “Napredak”. Abbreviated name is CCA “Napredak”. Article 4 Headquarters and the center of the Association are located in Sarajevo, Maršala Tita Street no. 56. Article 5 Association’s seal is of oval shape, with text: “Hrvatsko kulturno društvo “NAPREDAK”. The Association can have more than one seal, and they are numbered. The resolution of issuance of seal is determined by Central Management of the Association. Article 6 The Association has a symbol which consists of four red squares, three of which are set diagonally, in such a way that the outermost left square is situated at the lowest position, and the outermost right square is at the highest position, while the fourth square touches with its left tip lower right tip of the middle square in the diagonal. Right from the red squares, in blue letters, in the upper line there is text “Hrvatsko kulturno društvo”. Word “Napredak” is written in stylized secession letters’ font.
Article 7 The Association operates in the entire Bosnia and Herzegovina, Croatia and abroad in accordance with laws of the country in question, and according to unique rules, program principles and this Statute. Article 8 The Association is non-factional. In general, head officials from political parties are not elected into any governing bodies of the Association and subsidiaries/organizations. Members of the Association governing body cannot be persons, who were issued with security measures, ban on public appearances or persons who lost their capacity to exercise rights. Article 9 The Association has its legal entities with the remark that it (the Association) is the head Association (“Napredak”) on the entire area of B&H and outside of it, in accordance with provisions of this Statute. III. PURPOSE, PROGRAM GOALS AND ACTIVITIES OF THE ASSOCIATION Article 10 The purpose of the Association is cultural and educative work, economic improvement and the improvement of social security of Croatian people. Article 11 Program goals of the Association are: 1. promotion of Croatian spirituality, strengthening of national awareness, preservation and development of all Croatian cultural values; 2. preservation and cultivation of the originality and characteristics of Croatian language through promotion of its usage in the family, in the public and cultural sphere, in the economy sphere and in the mass media. 3. strengthening of economy and economic position of Croats. 4. cooperation with scientific, cultural, educational and economic institutions, with organizations and associations, with the goal of promotion of living culture of all the Association members, regardless of whether they live in the country or abroad. Article 12 The purpose and program goals of the Association will be achieved through following activities: 1. helping scientists and artists in their further development 2. helping pupils and college students in their education, scientific and artistic improvement, in the country and abroad; 3. issuing regular and periodical publications and books in accordance with the Law; 4. following educational process in elementary schools, high schools, higher education and colleges, and insisting to participate in creation and implementation of their programs. 5. spreading and cultivating general culture amongst people and taking care for cultural and economic advancement. 6. founding bookstores, libraries, reading rooms, media centers and clubs in accordance with the Law. 7. founding singing, musical, theater, artistic, folklore, sport and other groups; 8. founding dormitories and canteens for students. 9. organizing professional associations and societies in accordance with the Law; 10. organization of manifestations of the Association and other performing activities; 11. organization of expert and scientific gatherings as well as other thematic gatherings; 12. organization of periodical and regular public lectures of the Association; 13. organization of courses for the cultural and economic education; 14. organization of founding subjects for economic and other activities; 15. practicing of unrelated economic activity only through specially established legal entity; 16. cooperation with religious institution in promotion of spiritual and moral values as inseparable parts of the culture. 17. development of cooperation with other similar associations; 18. development of ecological consciousness for preservation of the nature and human environment; 19. establishment of direct cooperation with cultural, education, scientific and economic institutions and organizations; 20. care for national and cultural conscious of Croats abroad; 21. collection and distribution of the humanitarian aid from individuals and institutions in the country and abroad, in form of money contributions, food resources, clothing and footwear, to help members of the Association and take care for people victims of the war and postwar conditions, as well as other distresses caused by natural disasters and other difficulties. 22. providing legal and physical aid to the Association members; 23. all other activities which contribute to fulfillment of the purpose and program goals of the Association.
Article 13 The Association consists of subsidiaries/organizations and committees, as its core organizations. There are different kinds of foundations, associations, sections and other forms of organization from the framework of the basic activity of the Association working within the Association. The Association can form committees in accordance with this Statute All organization forms make one entirety within the Association and they perform directives and directions of governing bodies of the Association, and they base their work and organization on this Statute. Subsidiaries/organizations can have capacity of the legal entity, as well as other organization forms within the Association. In the event that they desire to have capacity of the legal entity, they must acquire approval from the Head Council, for their registration with the authorized governing body. But, subsidiaries/organizations can be registered in the governing body through CCA “Napredak”, with its central in Sarajevo, based on the Associations and Foundations Act of Federation of B&H, and in this instance they do not have capacity of the legal entity. Article 14 The work of the Association is public. Publicity is achieved through having public assemblies and gatherings of governing bodies, through free presence of all interested on all manifestations, sending reports and notifications to the media Exceptionally, when the Body itself decides so, assemblies of the Association body are held partially or fully without public present. Article 15 Exceptionally, president or Head Council can decide if some information should be kept secret as business secret, if it could be misused to damage work of the Association or public moral.
IV. RELATIONS AND COOPERATION WITH OTHER ORGANIZATIONS Article 16 The Association cooperates in its work with social, political, economic, cultural, scientific and other government and non-government organizations from the country and from abroad and with their governing bodies, to achieve its (Association’s) goals and missions. Article 17 The Association can become member of related local and international organizations and associations or cooperate with them in other ways. The Association can also enter federation of association. The Association Assembly, on the proposition of the Head Council, decides on the membership of the Association in some other related organization in the country or abroad as well as the membership of the Association in a federation of associations. V. FUNDS Article 18 Property of the Association consists of all the funds, property, real estates, claims, rights and obligations, balanced on the December 31 of a current year. Article 19 Income of the Association consists of: 1. membership fees of regular members 2. voluntary contributions of natural and legal entities; 3. contribution from the main foundation; 4. income from different manifestations of the Association (parties, concerts, exhibitions, gatherings, trips, lottery, bingo etc.) 5. income from the publishing work of the Association (calendars, magazines, books, brochures, postcards, etc.) 6 income from the business with the real estates owned by the Association, corporations and other legal entities founded by the Association; 7. income from interests, dividends, capital gains, rents, fees, advertises and similar passive incomes; 8. income from base organizations and for the use of the names and rights conceded by the Association; 9. income from the Budget 10. other acquired incomes, in accordance with the Law and the Statute.
Article 20 Gathered funds are used according to the financial budget, for following purposes: 1. financing programs of cultural and other activities 2. scholarships of pupils and college students 3. material expenses 4. amortization of base funds; 5. payments of employees; 6. help to other organizations and persons 7. other purposes. Profit acquired by the Association from unrelated economic activities can be used only to achieve purposes determined by this Statute. Funds are used based on the decisions of governing bodies of the Associations or President’s directives, or directives of person substituting President, in accordance with legal regulations regulating financial business activity. The Association maintains regular records of financial and material business activities, in accordance with positive law regulation, which is responsibility of the Association treasurer within administrative and professional service of the Head Council. It is not allowed for founders, members, members of the governing bodies, responsible persons, employees and donors to, either directly or indirectly, gain profit or other material gains from activities of the Association. Article 21 The Main Fund constitutes backup money reserve of the Association. The Association Assembly disposes with the Main Fund of the Association, and, if needed, the Head Council, with prior permission of the Assembly. The Main Fund consists of: 1. contributions of benefactors and recorded possessions; 2. real estates based on the decision of the Association Assembly and 3. other income in accordance with designation of the Head Council The Activity of the Main Fund is regulated by the Work Regulations determined by the Association Assembly. Article 22 Money from the Main Fund is invested in money institutions, securities, firms, real estates, and if needed and so determined by the Assembly, for the Association’s regular purposes. VI. MEMBERSHIP Article 23. Membership in the Association is voluntary, and every natural or legal entity that accepts the Statute, as well as goals and tasks of the Association, can join the Association, in the manner determined by the Statute. A person who wishes to become the member fills in the membership application. Article 24 Members of the Association are: 1. Honorary, 2. Founders 3. Big benefactors 4. Benefactors 5. Lifetime members 6. Regular members 7. Genial members and 8. Collective members
Article 25 One can become honorary member if they have acquired special merits for Croatian people and the Association, through their work. Honorary member is elected by the Association Assembly by the proposition of the Head Council or 10 subsidiaries/organizations or assemblies of main subsidiaries/organizations. One can become Founder if they found (under their or other name) regular foundation for purposes of the Association, with an amount determined by the Assembly. One becomes big benefactor if they give all at once, or leave as inheritance, money or property of the value determined by the Assembly. One becomes benefactor if they pay into the Association treasury, all at once or in the period of one year, an amount determined by the Association Assembly. One becomes lifetime member if they pay into the Association treasury, all at once or in the period of one year, an amount determined by the Association Assembly. One becomes regular member by registration and by paying the membership fee for one year upfront. Genial members can only be members of elementary and high schools, college students and retired persons, whose membership fee is also determined by the Association Assembly. Legal entity can also become a member of the Association (collective member), and its representative is equalized with regular member. Decision about acceptance of collective members is made by the Head Council of the Association. After permission of the Head Council, legal entity admitted into the membership can display the Association emblem in its name, under certain agreed conditions. Every member of the Association belongs to one branch/organization of the Association, generally according to the place of residence. By becoming member of one of subsidiaries or organizations (art, music etc) one becomes regular member of “Napredak”. Article 26 Rights and obligations of the Association members are: 1. to participate in work and activities of the Association 2. to elect and to have right to be elected to Association bodies; 3. to be notified about Association activities; 4. to give propositions and encourage the work of the Association; 5. to evaluate and give his / her opinion about the work of the Association; 6. to preserve honor, dignity, reputation and interests of the Association; 7. to perform tasks determined by the Statute and resolutions of the Association governing bodies; 8. to pay membership fees to the Association. Article 27 Membership in the Association is terminated by: 1. voluntary cave, of which member informs the Association in written; 2. death; 3. deletion from membership; 4. exclusion; 5. and the events provided in the Law. Board of a branch/organization has right to exclude any member by majority of votes if, through their work and behavior in public life, they worked against the purpose and the reputation of the Association, or if they are introducing factionalism into the Association. The Head Council of the Association has the same right in regards to any member of the Association. Members from article 24 from subparagraph 1 to five are excluded by the Association Assembly. An excluded member has right of appeal within 30 days and to the Head Council of the Association. Head Council’s resolution is final.
VII. ORGANIZATION OF THE ASSOCIATION Article 28 Bodies of the Association: 1. Assembly, 2. Head Council, 3. Business Board 4. President, 5. Supervisory Board, 6. Disciplinary Court. Office holders in bodies of the Association are elected from the Association membership. Term of office for representatives in the Association bodies begins after the Assembly which, among other things, is electoral as well, is held. Term of office of the Association governing bodies lasts four years and can be renewed. Article 29 The Assembly consists of Head Council, Supervisory Board, Disciplinary Court and representatives from active subsidiaries / organizations. If a branch has up to 200 regular members, it has right to send one representative to an Assembly, if it has from 2001 to 500 members, then it sends two representatives, and if it has more than 501 members, it sends three representatives. Electoral Assembly is held every four years. On every session the Assembly can dissolve every body of the Association or a representative, or an official in it, through regular ways or if, after a discussion, it is determined that they do not perform their duties, they work contrary to the Statute and damaging the Association. Conclusion about this is made by absolute majority of all present members of the Assembly, and the process of dissolution is same as the process of election. Article 30 On its session, the Assembly: 1. Makes rules about its work; 2. Declares the Statute, amendments to the Statute, and other acts defined by the Statute; 3. Elects and dissolves, among multiple candidates, the President of the Association, by secret or public vote; 4. On the proposition of the Association President, elects and dissolves vice-president, among multiple candidates, by secret or public vote; 5. On the proposition of the Association President, elects and dissolves members of the Head Council and Business Board by secret or public vote; 6. elects and dissolves members of Supervisory Board and Disciplinary Court by secret or public vote; 7. makes annual plan of incomes and expenses 8. makes resolutions and adopts Association guidelines; 9. considers and accepts reports on work of the Head Council, Supervisory Board and Disciplinary Court; 10. considers and accepts reports on work of subsidiaries, clubs and foundations of the Association, which work within the Association; 11. considers propositions for working program of the Head Council for a next year; 12. discusses and decides on all matters connected to work and activities of the Association; 13. decides on joining federations, associations, dissociations, transformations, termination of activity and other status changes in the Association and organizations within the Association; 14. considers and adopts annual financial business report. Article 31 The Assembly is convened at least once a year, and it is convened by the Association President. Notice about convocation should be sent to all members at least 15 days prior to the assembly and in outstanding cases at least 8 days prior to the assembly. Proposition of agenda is delivered with the invitation, with information about the time and place of the Assembly, as well as certain material. The Assembly can be convened at the request of the Head Council or at conjoined request of 10 subsidiaries/organizations, by the President, within 30 days after receiving the request.
Article 32 In the event that the Assembly cannot be convened because of objective reasons, and there is need for it, decisions from the Assembly’s domain are made by the Head Council or Business Board of the Association. These decisions are later confirmed at the Assembly. Article 33 The Assembly validly determines if at least two thirds of members are present. The Assembly can validly decide by the majority of votes of present members, by public vote, unless it is otherwise determined, unless in the event of changing the Statute or making the decision by which an Organization’s work is terminated. The assembly changes or amends the Statute if two thirds of present members vote in favor. Decisions made at the Assembly are ratified by the President. Article 34 The Assembly elects the Association President, who is also the President of the Head Council, among members who are running or who were proposed, and the candidate who gets the majority of votes from present members is elected. If more than two candidates applied, those members who achieve highest number of votes in the first round pass on to the second round, and the one who receives the greatest number of votes is elected. The Assembly elects vice-president, on the proposition of the Association President. On the proposition of the elected President, the Assembly elects other members of the Head Council, either by acclamation, e.g. election of all the proposed members of the Head Council at once, or by singular voting for every individual member. Whether voting should be public or secret is determined by the Assembly members at the very day of the Assembly. If voting is singular, for each of proposed candidates for the Head Council member, including vice-presidents, the candidate who gets majority of votes from present members is considered elected. If one of members resigns or was excluded, members of the Head Council can name as his replacement another person, provided that term of office of this person should be verified by the Assembly at the first next session. When electing members of the Head Council it is necessary to take care that among the elected different professions and occupations are represented. Supervisory Board is elected amongst several candidates. After voting is done for every candidate separately, those members of the Supervisory Board of the Association who received the majority of votes from present members of the Association Assembly are considered elected. But, members can also be elected in “a package”, e.g. all five members can be proposed or nominated and Assembly members elect them by acclamation. Disciplinary Court is elected amongst several candidates. After voting is done for every candidate separately, those members of the Disciplinary Court of the Association who received the majority of votes from present members of the Association Assembly are considered elected. But, members can also be elected in “a package”, e.g. all five members can be proposed or nominated and Assembly members elect them by acclamation. Article 35 Head Council consists of: 1. Association President 2. five vice-presidents 3. general secretary and treasurer The president proposes 14 members who are elected by the Association Assembly Article 36 One vice-president is elected from amongst members from abroad, four vice-presidents from different regions of Bosnia and Herzegovina and Croatia. Of 14 representatives, eight is elected from Sarajevo, and six from members from outside Sarajevo. Article 37 Head Council is governing body of the Association, e.g. it has property of Central Board.
Article 38 Head Council: 1. defines Rules of Procedure of their work; 2. records data about number of members as the Association as whole: 3. issues “Napredak’s” diplomas to sponsors, honorary members, founders, big benefactors and lifetime members; 4. awards acknowledgments and rewards to individuals and collectives; 5. they encourage foundation of new subsidiaries/organizations and help revival of old ones, suggest foundation of the main branch and they nominate secretaries; 6. considers and make decisions about stimulations for formation of other organization forms, from the base framework of the Association activities in accordance with articles 11 and 12 of this Statute; certain organizations can have their legal entities under conditions determined by the Law. 7. delegates, according to need, up to two representatives at assemblies and sittings of subsidiaries/organizations, main subsidiaries and commissions, as their bodies, when representatives have same rights as representatives at the Assembly, e.g. member of their body; 8. considers and accepts necessary normative regulations for the work of Administrative and Professional Service. 9. authorizes the Business Board to be able to make conclusions and decisions about certain issues in behalf of the Head Council, of which the Business Board regularly reports to the Head Council. 10. takes care of the Association incomes, prepares and signs contracts and manages property of the Association. 11. settles all the needs of the association according to the directives of the budget; 12. gives out scholarships, boarding school positions and supports, based on the competitions, and according to preposition and within the limits of the proposition of the branch/organization; 13. suggests an agenda for regular or outstanding Association Assembly; 14. prepares Association assemblies 15. reports to the Assembly about its work and the condition of the entire Association; 16. suggests plan and program of the Association work and makes calculations of the financial business; 17. itself, or through working bodies, it coordinates activities of a branch/organization and of main subsidiaries to accomplish those parts of the working program where the coordination is necessary, especially in publishing, informing, economic activities, and international relations; 18. elects and dissolves general secretary and the Secretary of the Association; implements policy, conclusions and other decisions made by the Assembly; 19. it sends, according to the need, delegates, who have right to overview the entire business of a sub-organization, organization unit, section, etc. 20. according to need, it nominates, releases and dissolves office holders of the Association; 21. it dissolves a board of a branch/organization or of the main branch, or its individual office holders if they do not perform their duties according to the Statute or if their work is damaging to the reputation and interests of the Association; commissioner who performs duties of the Central Board according to directions and authorizations of the Head Council is nominated from among members; Head Council is obliged to convene an outstanding Assembly of the branch/organization, or of the main branch within two months, to elect new Central Board; this regulation is also valid for the committee, in which case the Head Council nominates new commissioner; 22. forms, according to need, permanent or temporary working bodies (committees, boards etc.) 23. manages property of the Association; 24. It is responsible for its work to the Association Assembly directly. Article 39 It is duty of the president to convene at least four regular assemblies of the Head Council in a year time, and the first, constitutional, right after the Assembly. President is obliged to convene, with in a month, an outstanding assembly of the Head Council if so determines the Business Board or if at least ten members of the Head Council require so.
Article 40 The Head Council can make decisions if at least 12 of its members are present, and decisions are valid if more than half of the present vote in favor. Article 41 The assembly cannot be held if president or one authorized vice-president is not present. Article 42 If there is need, and at the invitation of the President, presidents of the subsidiaries (organizations, sections, e.g. organization forms of the Association) and other members can be present at the General Government assembly, but they do not have right to vote. Article 43 The Business Board consists of: 1. the president 2. vice-presidents 3. general secretary, secretary, treasurer and 4. eight members of the Head Council from Sarajevo Article 44 The Business Board is a body of the Association that runs businesses for which it has been authorized by the Head Council and for its work it accounts to the Head Council. Article 45 The President of the Association is obliged to convene at least one regular assembly of the Business Board every two months, and if it is necessary, an outstanding assembly, which has to be convened within three days if seven members of the Board require this. Decisions of the Business Board are valid only if there is more than half members of the Board are present at the assembly and if more than half of present members vote in favor of the proposition. If the number of votes during the voting, including the President’s vote, is divided in half, the proposition for which president voted is considered to be adopted. This directive is also valid when members of the Head Council are voting. The assemblies cannot be held if the President or one of the authorized vice-presidents is not present. Article 46 The Association is represented by the Association President. The President: 1. makes decisions in behalf of the Association if they are not in the jurisdiction of other bodies of the Association; 2. convenes assemblies of central bodies and of the Assembly, and ratifies records from these assemblies; 3. ratifies all the accreditations, statements, publications and current daily mail, and in his absence, this is performed by one of the vice-presidents or general secretary; 4. authorizes all the payments made from the Association treasury, based on the conclusions of central bodies; 5. authorizes apriori all payments made from the Association Treasury, based on the decisions and conclusions of assemblies or boards, e.g. on his previously acquired consent; 6. subsequently authorizes all the payments made from the Association Treasury, based on decisions of boards or assemblies, e.g. their previously acquired consent, as well as all payments into the Treasury; in case of need the President himself determines what is necessary in the Association business and determines from one assembly to another, in dire need, expenses as determined by the Assembly; he is obliged to report all this to the members of the Head Council on the first next session. 7. He is directly responsible for his work to the Association Assembly. Article 47 Vice-presidents substitute for the President of the Association. By the authority of the President they: 1. take over jobs they were entrusted with by the President; 2. vice-presidents outside Sarajevo harmonize the work of subsidiaries/organizations and, if needed, represent the Association; 3. take care to promote activities of the Association; 4. one vice-president from Sarajevo performs duty of the coordinator for economic activities at the Association level, and the other vice-president from Sarajevo performs duty of coordinator for cultural activities of the Association and 5. they are directly responsible for their work to the President and the Association Assembly.
Article 48 Secretary General: 1. provides for the realization of decisions and conclusions of central bodies, of which he regularly reports on assemblies of these bodies; 2. participates directly, in cooperation with the president, in preparations for assemblies and meetings of central bodies; 3. monitors and helps work of organizations, associations, and other organized forms of activity within the Association; 4. if necessary, works on creation of certain materials for needs of central bodies and subjects from outside of the Association; 5. represents the Association by the authority of the President; 6. receives clients and conducts interviews, contents of which he informs to the President of the Association; 7. together with the Secretary, monitors the work of subsidiaries/organizations and committees and 8. provides for development and implementation of official protocols. Secretary: 1. provides for work and activities of member organizations and committees; 2. helps in realization of decisions and conclusions of central bodies; 3. takes over duties of the General Secretary, when he is not present; 4. works, if needed, on creation of corresponding materials for central bodies; 5. makes correspondence with subsidiaries/organizations and committees from the domain of his work; 6. gathers reports about the work of subsidiaries/organizations, committees, organizations, associations and others subjects within the Association; 7. gathers corresponding information to record the chronicle of the Association’s work; 8. monitors and supports all activities connected to subscription and taking records of the membership. Treasurer 1. performs all activities on book keeping; 2. gives proposals for capital financial investments; 3. receives all kinds of bills and makes records of them; 4. is in charge to pay bills and all received obligations, under the directive from the President and the General Secretary; 5. makes proposition of the Head Council budget, as well as monthly and annual budgets; 6. prepares financial reports for the Head Council and the President; 7. monitors law regulations in the sphere of finances and book keeping; 8. makes and submits final calculations to bodies of state government within the legal time-limits; 9. performs other activities from his domain of activity, in accordance with international accounting standards. The General Secretary, the Secretary and the Treasurer are directly responsible for their work to the President of the Association, to the Head Council and to the Association Assembly. Article 49 Members of the Head Council and the Business Board are obliged to be present at assemblies and to perform tasks and jobs they were entrusted with. If a member of the Head Council or of the Business Board does not come to the meeting of the Head Council or of the Business Board without an excuse, he is considered to have seceded from these governing bodies of the Association, of which he is to be notified in written.
Article 50 The Supervisory Board consists of five members who elect president from amongst themselves. The President is reported about the work of each assembly of the Head Council and the Business Board, to which he has right to be present to, or to delegate one member from the Supervisory Board, but with the right of advisory vote only. At least one member of the Supervisory Board must have graduated in economy. Members of this Board cannot be members of the Central Board as well. Article 51 The Supervisory Board 1. supervises if the Association and the Association property are managed in accordance with the regulations of the Association and laws; 2. takes care that conclusions of the Assembly and of the Head Council are implemented; monitors if treasury and accounting business is conducted in accordance with general regulations of the accounting; 3. inspects and reviews financial and material documentation of the Association; 4. takes care that the Association business is based on the budget as its working program; 5. requests elimination of determined shortcomings; 6. reports to the Assembly of its work. There is a separate record of every inspection, and every finding is determined in writing, with the signature of present members of the Supervisory Board. The Board has right to perform inspection at any time, and at least two times a year. Article 52 The Disciplinary Court consists of three judges, who elect the president amongst themselves. The Disciplinary Court resolves disputes between members, between members of central bodies and bodies of a branch/organization, issues between member organizations at the request of parties involved in a dispute and according to their own judgment about necessity of involvement in the incurred dispute. The Disciplinary Court makes resolutions in full set-up and with majority of votes. Complaints on resolutions of the Disciplinary Court are resolved by the Association Assembly at the first next meeting. Article 53 The Head Council creates Administrative and Professional Service to perform professional and secondary tasks. The work and activities of the Administrative and Professional Service are regulated by the Regulations of the Internal Organization and Systemization of Job Posts, as well as other normative regulations and Labor Act. The Administrative and Professional Service is managed by the General Secretary of the Association.
Article 54 A branch/organization, as the basic form of the Association organization, is generally founded based on a territorial principle: one municipality – one branch/organization, and it is named Croatian Cultural Association “Napredak”, Branch… (name of a town or municipality) or just Croatian Cultural Association “Napredak” (name of a town). A branch/organization can be founded if there are at least 20 regular members residing at the area of that municipality. A branch/organization can be founded outside of municipal center with the consent of the Association Head Council. Article 55 The Statute of the Association is unique for the entire Association. Subsidiaries/organizations can only amend it if it is necessary for registration and business conduct in a certain municipality, district, region or country. A branch should, at the founding assembly, make resolutions which oblige it to respect organization structure within the Association. All acts made at the founding assembly, and which are necessary for the registration of a branch/organization, must be in compliance with this Statute and other regulations made by the Association. A branch/organization is formed in a manner that Initiative Board for foundation of a branch/organization sends a Letter of Intent to the Head Council, with an explanation for foundation, in which it states its intention to found a branch/organization. The Head Council then sends resolution in which it gives approval for further steps and organization of a branch/organization and the convocation of the founding assembly. After the founding assembly and prior to registration with authoritative state bodies, a branch/organization is obliged to send to the Head Council the resolution of foundation, the resolution by which it obliges to respect organization structure of the Association, the resolution of election of branch bodies, signed Regulations of mutual relations within CCA “Napredak”, the act of approval for use of protected trade marks of rights’ owner CCA “Napredak”, as well as other acts of the Head Council of the Association. After the review of documents it is necessary for the registration of a branch that the Head Council states their judgments if all conditions for registration with authorized body have been met. All other issues concerning foundation or termination of a branch/organization, and mutual relations within CCA “Napredak” will be regulated in detail by special Rulebook about Regulation of mutual relations within CCA “Napredak”, which will be signed and deemed obligatory by the both parties. Article 56 Those subsidiaries/organizations which were founded as legal entities prior to passing of this Statute are responsible to deliver to the Head Council, with half a year from the passing of this Statute, resolution by which they oblige to respect organization structure of the Association and preserve unity of the Association, signed Rulebook about Regulation of mutual relations within CCA “Napredak” and the Act of approval for use of protected trade marks of rights’ owner CCA “Napredak”. Article 57 Subsidiaries/organizations are obliged to submit annual reports of their work to the Head Council of the Association as well as financial reports no later than March of a current year, for the past year.
Article 58 Governing bodies in subsidiaries/organizations are: 1. Branch assembly (as the highest body), Central Board of the branch (as the executive body) and the Supervisory Board; 2. The Branch assembly usually consists of all regular members, but if a branch/organization has more than 200 members, the Central Board of the branch will decide, in Rules of Procedure, on number and manner of the election of representatives of the Branch/Organization Assembly. A member, e.g. a representative in the Assembly must be a member of a branch/organization at least for a year previous to the Assembly in order to have a right to vote. Only adult (full aged) persons have right to vote. 3. The Central Board of the branch consists of: the president, vice-president, secretary, treasurer and from 3 to 9 members, depending on the number of members of a branch/organization, and, if it is necessary, even more. 4. The Supervisory Board is formed and it acts within the work framework of a branch/organization in accordance with regulations of articles 50 and 51 of this Statute. Article 59 The Branch/organization Assembly 1. elects and dissolves president and vice-president by either secret or public voting, amongst several candidates. 2. elects and dissolves members of the Central Board; 3. elects and dissolves the Central Board which consists of 3 or 5 members; 4. makes Rule of Procedures about their work 5. makes resolutions, adopts directives and gives further recommendations for the work of the branch/organization; 6. considers and adopts working program for a current year and considers work reports a past year; 7. creates annual working program and financial calculations; 8. adopts reports about work of its governing bodies, sections and committees; 9. awards acknowledgments for members of the branch/organizations and other who have merits for the work of the branch/organization. The Branch/Organization Assembly is convened at least once a year and can be regular, electoral and outstanding. The Branch Assembly meeting is convened by the Branch President, and the same right belongs to the absolute majority of the Central Board of the branch/organization or at least one half of the membership. The Assembly of the branch/organization must be convened no later than seven days prior to the Assembly, with designated place and time of the meeting, proposal of the agenda and necessary materials. If the Assembly is not convened at least once in two years, the assembly can be convened by the Association Head Council. Article 60 The Central Board, as an executive body of the branch, is responsible to implement decisions, conclusions and directives of the Assembly and the central bodies of the Association and the Assembly as well as governing bodies of the branch, in context and in spirit of program principles and of this Statute. It meets when needed, and at least twice a year. The Central Board takes care of property of the Branch/Organization. The Board performs other activities that are not designated in this Statute, and which are not in the jurisdiction of the Assembly. It also implements conclusions and decisions of the Head Council of “Napredak” as well as the Assembly of the whole Association. The Central Board can make decision from the jurisdiction of the Assembly between two meetings of the Assembly, in case of urgent and very justified need, but it is responsible to inform members of the Assembly about this at the next meeting and verify the decision. At least half plus one members must be present at the meeting of the Central Board, and decisions are made if the majority of the present vote in favor of them. In the event of the resignation of the president, vice-president, secretary or treasurer from their respective duties, the Central Board can name an officer in charge amongst themselves. The term of office of the Central Board members lasts four years. The term of office of the Central Board members can be prolonged, e.g. member of the Central Board can be reelected.
Article 61 The Central Board of the branch/organization manages its work and, amongst other things: 1. accepts and registers members of the Association in the director of members, collects regular membership, accepts all incomes and gifts stated in the article 19 of this Statute, and reports about this to the Head Council, at least once a year. 2. takes care of incomes and expenditures of the branch/organization; 3. organizes charitable parties, cultural manifestations, lectures and similar, and gives out the Association publications; 4. takes care of students’ scholarships; 5. sends to the Central Board a report of the balance sheet, e.g. the copy of it; 6. prepares the Branch/Organization Assembly meeting; 7. reports on work of the branch/organization to the Association Assembly; 8. names representatives for the Association Assembly 9. suggests candidates for the Association governing bodies; 10. makes resolution about the amount of membership fee; 11. organizes its work through different sections and other forms of social gatherings of the membership; 12. nominates commissioners, supports and monitors them; 13. suggests to the Central Board of “Napredak”’s Scholarships Fund candidates to be supported and credits pupils and students, and places in boarding school and other supports, and it gives recommendations to students for scholarship applications; 14. acts according to the Rules of Procedure that it declared itself; 15. monitors work of sections and committees of subsidiaries/organizations. Article 62 The President of the branch/organization 1. represents the branch/organization 2. convenes the meetings of the Branch/Organization Assembly and the assembly of the Central Board of the branch/organization and he precedes them; 3. ratifies all decisions, statements, publications, financial documents and daily mail, and in his absence, this is duty of the vice-president or Branch/organization secretary; 4. makes decisions that are not in the jurisdiction of other branch bodies and informs the Central Board about this; 5. Reports to the Assembly and to the Central Board on his work; 6. Ratifies records. For his work, he is responsible to the Branch Assembly, to the Central Board, the Head Council and the Association Assembly. Article 63 The Vice-president of the branch/organization substitutes for the branch President, when the President authorizes him, or when he is either legally or physically prevented to perform his duties. He is responsible for his work before the Assembly and the Branch/Organization President.
Article 64 Branch/Organization Secretary performs administrative tasks of the branch/organization and makes records of the meetings. He composes letters of the branch, credentials, publications and confirmations, and ratifies them together with the President, and takes care about archives of the branch. He takes care about implementation of decisions and conclusions of the Assembly and the Central Board of the branch. For his work, he is responsible before the Assembly, Central Board and the Branch/Organization President. Article 65 Treasurer of the branch/organization collects incomes of the branch/organization, makes payments and performs other activities in connection to financial business, in accordance with regulations in force and with the law and program documents. For his work, he is responsible before the Assembly and the branch president. Article 66 Members of the Central Board of the branch/organization are obliged to actively participate in meetings of the Central Board and to generally promote tasks and purpose of the Association everywhere. If needed, they participate in the work of committees, boards and other organization forms of the branch/organization activities. Article 67 Every branch/organization manages its property, provided it cannot perform any dispositions or burdens without consent of the Head Council. This practically means that not one branch/organization can sell or give away its property, or place a mortgage on it, or burden it in any other manner without consent of the Head Council. This consent must be in writing, and if there is no written form present, it is considered not to have been given at all. Article 68 The Branch/Organization’s work can be terminated or temporarily suspended by the decision of at least two thirds of the Assembly members. In this event, all property and possessions of the branch/organization is given for keeping to CCA “Napredak”, e.g. to the Head Council, until the conditions have been met for reformation of the branch. Article 69 The main branch is founded by the decision of the Association Assembly. The status of the Main Branch is given to that branch/organization which has extremely good work results, great number of active sections and members, and has historical significance for the Association. They are also determined geographically, territorially, so that only one branch/organization in one country can have the status of the main branch. Main subsidiaries also coordinate work of subsidiaries/organizations that are in the area of their region, district, province etc. The main branch can lose the status of the main if it no longer achieves good working results and does not accomplish its tasks, and the decision about this is made by the Association Assembly. Article 70 A branch/organization and the entire Association, together with the President, can have honorary president as well, and this form of recognition is given to a person who used to be branch or Association president for a long time. But, honorary president can also be any other person whom the branch/organization Assembly or the Association Assembly deem worthy of this recognition, e.g. title. Article 71 Commissioners Where there are no conditions for formation of a branch/organization, due to smaller number of members, the Head Council shall name a commissioner, who will work to achieve conditions for formation of a branch/organization. A Commissioner is also named in the event when a branch/organization stopped functioning or working, to create conditions for the restart of the activities. Until that time, the membership will, in accordance with their abilities, realize their rights and obligations in the nearest branch/organization.
IX. TERMINATION OR MERGER OF ASSOCIATIONS Article 72 Activity of an association is terminated based on the valid decision of the supervisory body, as well as by the decision of the Assembly, brought with more than four fifths of votes of members constituting the Assembly. Article 73 The Association can be conjoined or disjoined, transformed by the decision of the Association Assembly, brought with more than two thirds of votes of members constituting the Assembly. Article 74 In the event of termination of the work of the Association, the Assembly shall determine liquidator who will perform all necessary actions to implement valid termination of the Association. Article 75 In the event of the termination of the Association’s work, its property shall be given to bishop’s office for safekeeping, according to the place where the Association is located, until conditions are met for the restoration of the Association’s activities. Records about all the property shall be made by the Archbishop’s office Vrh-bosnian in Sarajevo. X. TRANSIENT AND FINAL PROVISIONS Article 76 Organization, e.g. subsidiaries/organizations of the Association abroad shall be constituted and shall operate in accordance with this Statute, while observing conditions and law regulations of the parent country. If there are changes in law regulations in the country where an organization of the Association operates, and which are contradictory to provisions of this Statute, the Head Council is obliged to make binding decisions for that organization as soon as possible, by which it will protect name, property and program goals and interests of the Association. In the event when changes and amendments of the Statute are made, the Assembly or the Head Council form commissions for creation of draft of changes and amendments to the Statute. The draft is sent for public discussion to all parts of the Association. After the discussion, observing possible amendments, the draft is delivered to the Head Council which sends in form proposal for changes and amendments to the Assembly for adoption. General acts of the Association, as well as necessary changes and amendments, are made in the same way as issuing the Statute, except for the need for organization of public discussion. Article 77 The Head Council of the Association is paramount for the interpretation of the Statute. Article 78 By adoption and registration of this Statute, the Statute of CCA “Napredak” from November 19 2000 no longer applies, as well as changes and amendments to the Statute from April 5 2003. Only article 29 and 30 from the 2003 Statute, which define the number of members in the Head Council, remain in force Articles 34 and 35 of this Statute will be put in force when the next elective Assembly of CCA “Napredak” takes place. Article 79 This Statute takes effect with the day of registration with the authoritative body. In Sarajevo, June 30 2007 President PhD Franjo Topić |