The Associazione Culturale Antonio Tabucchi’s Statutes
Title I - Establishment - Base – Aims – Activities
ART. 1
Denomination and Base
It is established, in compliance with the Italian Civil Code, under the terms of the decree n. 117/2017 and the applicable regulations, including the regional one, the Private Board of the third sector to be named: Associazione Culturale Antonio Tabucchi.
The Associazione Culturale Antonio Tabucchi takes up the legal form of an Association not aligned to any party ideology, nondenominational, antifascist, curious and respectful of the world’s diversities, and that identifies itself with the civil commitments of Antonio Tabucchi.
The denomination of “Associazione Culturale Antonio Tabucchi” is quoted in every distinctive sign used for the development of its activities and any communication whatsoever aimed at the public.
The Associazione Culturale Antonio Tabucchi is based at Via Magagna n.21, in Vecchiano, Pisa, Italy.
Additional bases can be opened, both in Italy and abroad, in order to perform promotional activities, to expand the necessary network of national and international relationships to support the Association’s aims.
ART. 2
Statutes
The Associazione Culturale Antonio Tabucchi promotes cultural activities, and it is disciplined by the present Statutes, proceeding within the limits of the decree n. 117, July 3rd, 2017, and the applicable regulations, regional law n. 42 (Tuscany), December 9th, 2002, and successive amendments as well as the general principles of the court system.
ART. 3
Nature and duration of the Association
The nature of the Association is voluntary and non-profitmaking. The associates must both accept and observe the regulations of these Statues, as they represent the basic rule of behavior for the organized activities. The Association can be in partnership with other groups for the purpose of cultural and social events.
The duration of the Association is unlimited.
ART. 4
Interpretation of the Statutes
The Statutes are interpreted according to the rules of contracts’ interpretations and by the standards of art. n. 12 of the Preleggi al codice civile (Disposizioni preliminari al codice civile).
ART. 5
Aims and activities
The Association is entrusted, exclusively or chiefly, for both the safekeeping and circulation of the cultural property of the works by Antonio Tabucchi, reckoning it of general interest and public utility. The safekeeping, as defined in art. n. 3 of the decree n. 42/2004 lies in the discharge of duties and the discipline of direct activities, based on an adequate cognitive activity, to identify what forms the cultural property as well as to guarantee its protection and preservation for public enjoyment.
To the benefit of the associates, their families, the people, and the community to a large extent, the Association, availing itself of volunteer activities by its associates, plans on carrying out the following:
- promoting and facilitating events of study, safekeeping, appreciation and diffusion of Antonio Tabucchi’s cultural and literary property;
- facilitating study and/or research activities related to the analysis of the author’s personal imprint in the survey of twentieth-century and the first decade of 2000 literature both in Italy and the world;
- promoting education activities, classes and seminars, directly or indirectly, relevant to the field of interest of the Association;
- providing the best conditions of employment and enjoyment of Tabucchi’s work to the people and giving value to the age, sex and ethnicity of each individual, as well as the disabled, in order to promote the development of culture;
- organizing conferences to promote and diffuse Tabucchi’s work, in order to discuss and teach, to didactic and scientific ends as per art.70 of L. 633/1941;
- organizing and managing cultural activities, including editorial ones as well as the production of teaching, illustrative and multimedia material of the activity carried out to the gathering and diffusion of Tabucchi’s work;
- promoting the circulation and cultural research of Antonio Tabucchi’s work;
Tali attività saranno favorite mediante la realizzazione delle seguenti azioni:
- promozione delle attività di studio dell’opera di Antonio Tabucchi;
- organizzazione e coordinamento di eventi, dibattiti, convegni sulla figura di Antonio Tabucchi;
- realizzazione di manifestazioni culturali, divulgative;
- pubblicazione dei relativi atti o documenti;
- creazione di rapporti con le istituzioni scolastiche pubbliche, paritarie, private;
- collaborazione con Enti pubblici e/o privati, con Università, Centri studio, Case editrici;
- stipula di convenzioni per l’affidamento in gestione di parte delle attività;
- commercializzazione, anche con riferimento al settore dell’editoria, gadgets e simili, in via accessoria e strumentale al perseguimento dei fini istituzionali dell’Associazione;
The Association can provide for the design, organization, management, production, diffusion, and coordination of the above initiatives, both directly and indirectly, by cooperating with public administration, corporation and both private and public companies, as well as University, Foundation and any organization of any nature, Italian or foreign, reckoned suitable to the above criteria, by stipulating with them, if necessary, an agreement.
The Association of social promotion operates in the region of Tuscany, in Italy, in European and extra-European countries.
Title II – Associates
ART. 6
Entry and admission requirements of the associates
Every Italian or foreign citizen can join the Association as long as they share its aims and, moved by participation spirit, cultural interest, solidarity, and commit to putting them into realization concretely.
Admission of new associates happens by the application of those interested. The Executive Board decides on accepting applications to be admitted as a new associate. The decision is communicated to those who express their interest and noted down to the list of associates. The subscription or membership contribution is not transferable.
If it is the case that the application is rejected, the administrative body will communicate the decision to those who expressed their interest within sixty days, providing a reason for it. The applicant associate can, within sixty days from such communication of rejection, present a petition to the Assembly of the Association on their next convocation.
The admission to be an associate is valid permanently, even though there is a right to withdraw.
There are five categories of associates:
- honorary associates: those who, for special merits related to the study and diffusion of the works of Antonio Tabucchi collaborate with the Association;
fondatori: sono coloro che hanno dato impulso alla nascita dell’Associazione e, come i soci ordinari, hanno versato la quota di iscrizione;
- ordinary associates: those who pay the admission fee decided by the Assembly;
- supporting associates: those who, in addition to the admission fee, disburse voluntary and extraordinary contribution;
- meritorious associates: those who are nominated by the Assembly for special merits gained to the advantage of the Association.
There is no category for temporary associates.
ART. 7
Rights and duties
The membership to the Association is free and voluntary, but it binds those who join it to respect the solutions adopted by the representative bodies according to the competencies established by the Statutes. Every associate is entitled to vote as long as they have been members at least for three months, whatever the amount of their contribution. The social fee is not changeable. The associates over eighteen (or of age in their home country) are entitled to vote to the approval and modification of the Statutes of regulations as well as the appointment of the Executive Board of the Association. The associate is also entitled to the book of decisions of the Assembly, the book of stocktaking, and the book of associates.
The associates of the organization are entitled to reimbursement for documented expenses gone to lent activity, in compliance with the law.
ART. 8
Withdrawal and loss of status of the associate
The associates can withdraw from the Association via written communication to the Executive Board.
The status of an associate can be lost for the following reasons:
a) By forfeiture, i.e., the loss of some of the requirements on whose basis the admission took place;
b) By decision of exclusion of the Assembly for ascertained reasons of incompatibility, for the violation of the norms and obligations of the present Statues or for other causes entailing worthlessness; to this end, the Executive Board will proceed within the first month of every social year to the revision of the list of associates.
In case of an appeal by the excluded individual, within thirty days to the same board that sent out the document, the decision about exclusion or non-exclusion will be moved to the Assembly, which deliberates through a secret vote and after having listened to the excuses of the interested party.
Title III – The Executive Board of the Association
ART. 9
Social Body
The Association bodies are:
- Assembly of associates;
- Executive Board;
- President;
- Vice-President;
- General Secretary;
ART. 10
Assembly
The Assembly is the governing body of the Association, and all of the associates take part in it.
It is called at least once a year by the President of the Association or anybody acting in the President’s stand, usually upon fifteen days’ notice through a communication on the Association website or through email, containing the following details: time and date of the convening, agenda and potential appointment of a second convening. The Assembly is called within April the 30th, in case the renewal of the social body becomes necessary, to approve the budget and to present the estimated one. The Assembly can be called iordinarily as well as extraordinarily for the following reasons: a) by the Executive Board’s decision; b) by a legitimate request, addressed to the President, of at least one-tenth of the associates who are entitled to take part in the Assembly. It is considered an extraordinary assembly the one called to change the Statutes or aimed to the dissolution of the Association. In every other case, it is an ordinary assembly.
ART. 11
The tasks of the Assembly
All’Assemblea spettano i seguenti compiti.
In an ordinary session:
- electing the members of the Executive Board, the President, and the General Secretary;
- debating and deliberating over both the final and estimated budget and on the Executive Board’s reports;
- deliberating over the general guidelines of the Association, the activities that were carried out and the ones that will be performed in the various areas of expertise;
- deliberating over any other issue presented to the approval of the Executive Board;
- deliberating over the social body’s responsibilities as well as promoting liability action towards them;
- deliberating, in the second resort, over the exclusion of the associates;
- deliberating over the changes of the memorandum of Association or the Statutes;
- deliberating over other items attributed by the law, memorandum of Association, or the Statutes according to the area of expertise.
In an extraordinary session:
- deliberating over the dissolution or transformation of the Association with the majorities required by law;
- deliberating over the suggestions to modify the social Statutes;
- deliberating over transferring the head office of the Association;
- deliberating over any other extraordinary issue presented to the approval of the Executive Board.
ART. 12
The validity of the Assembly
The ordinary Assembly is regularly held within the first convening, if the majority of the associates is present; the second convening, to be held even on the same day, is held no matter the number of present associates. The Assembly votes by a show of hands. By decision of the President, or by other nominal indications, it is possible to proceed to the vote by secret ballot. An associate can only stand in for one other associate, presenting a written proxy. Every associate can only act on one other associate’s authority. It is also possible to vote by postal or email ballot, as long as the identity of the voter can be confirmed.
A majority of the voters, both those present and delegated, makes the deliberations of the ordinary Assembly; the proceedings are expressed from the floor, except those regarding the people and the quality of the people (or when the Assembly thinks it advisable). In case the votes end in a tie, the Assembly must be called to vote again immediately. If the tie persists, the vote of the President takes priority. The deliberations made in conformity to the present Statues bind every associate, even if absent, dissenting or abstaining from the vote.
The extraordinary Assembly approves possible changes to the Statutes by the presence of more than half plus one of the associates and by deliberated decision, having the majority; the extraordinary Assembly can also dissolve the association and donate its property with a vote in favor by three-quarters of the associates.
ART. 13
The minutes
The minutes of the Assembly’s meetings are written up by the General Secretary or, in case of unforeseen difficulties, by somebody else designated by the Assembly.
Every associate is entitled to consult and get a copy of the minutes. The deliberations are public, but the minutes are not. The associates who abstract a copy from the minutes are responsible for the information not to be published.
Every meeting of the Assembly is put on record, signed by the President or the Vice-President (or a delegate) and the person who is writing up the minutes; the minutes are kept in the base of the Association, available to be consulted by any associate.
The deliberations are public, but the minutes are not.
ART. 14
The Executive Board
The Executive Board is an administrative body, freely electable; it takes care of the achievement of the institutional aims under which the Association was instituted, by determining the general policy guidelines of the activities under the direction of the Assembly;
The Executive Board:
- draws up both the final and estimated balance to be submitted to the approval of the Assembly;
- establishes the membership fee that the associates must pay to meet the social needs as well as the Association’s financial conditions, and deliberates over every property or financial act;
- verifies the applications for admission of new associates and deliberates over their admittance;
- deliberates over membership and participation of the Association to private or public corporations or institution with similar aims to the ones of the Association itself, by designating representatives.
- deliberates over accepting donations and legacy property;
- designates possible technical consultants in charge of the various activities of the Association among which promotion and enjoyment of any product or organized event.
The Executive Board holds office for five years, and the members can be elected again.
ART. 15
The Executive Board line-up
The Executive Board counts seven members nominated by the Assembly and at the heads of it there is the President or, in case of unforeseen difficulties, the Vice-President, or the eldest councilor:
- President;
- Vice-President;
- General Secretary;
- Four associates.
ART. 16
Meetings of the Executive Board
The Executive Boards always meets in one convocation, every time the President believes it necessary, or when at least two members ask for it. The General Secretary takes part in the meeting; in case of unforeseen difficulties, his/her functions will be performed by the Vice-President or another member of the Executive Board designated by the President. The meetings of the Executive Board must be called by phone or email, usually at least three days before the actual meeting, or by an announcement on the Association’s website. The meetings of the Executive Board are legitimately held in the presence of at least the majority of its members. The Executive Boards deliberates having the majority of votes by a show of hands, depending on how many members are present. In case the votes end in a tie, the vote of the President takes priority. The meetings and deliberations of the Executive Board are made known through the minutes signed by the President and the General Secretary.
ART. 17
The President
The president directs the Association and represents it, to all intents and purposes, towards any third party and in court. It devolves to the President to sign the social acts which bind the Association both towards the associates and third parties. The President supervises the implementation of the deliberations of the Assembly and the Executive Board; the President can appoint the Vice-President or one or more counselors as delegates for part of his tasks, temporarily or permanently.
The President legally represents the Association, presides over the Administrative Body and the Assembly; the President calls either an ordinary or extraordinary Assembly of the associates and the Administrative Body. The President establishes the agenda.
The President performs the office routine on the base of the Administrative Body’s guidelines, referring to it regarding any accomplished activity.
Il Presidente cura le relazioni con Enti, Istituzioni, Imprese Pubbliche e Private e altri organismi, anche al fine di instaurare rapporti di collaborazione e sostegno delle singole iniziative dell’Associazione.
The President can appoint other members from the Administrative Body or other associates as a delegate for technical jobs and particular duties of representation.
The President, with the help of the Vice-President and General Secretary, provides for the deliberations to be fulfilled.
The President signs and represents both socially and legally the Association towards third parties.
The President is authorized to stipulate, upon the favorable opinion of the Administrative Body, agreements and covenants with public and private corporations as well as other associations.
The President holds office for five years, and the office ceases either for the termination of the mandate, voluntary resignation, or revocation decided by the Assembly, having the majority of voting associates present.
At least a month before the termination of the mandate, the President calls the Assembly for the election of the new President and the Administrative Body.
ART. 18
Election of the President
The President is elected by the Assembly and holds office for five years, and, in any case, until the Assembly that precedes the renewal of social offices. In case of resignation or serious difficulty judged by the Executive Board, the Vice-President or the eldest member takes over.
Art. 19
The Vice-President
The Vice-President replaces the President in all assignments each or every time he/she is unable to carry out their duties.
ART. 20
The General Secretary
The Executive Board nominates the General Secretary of the Association among its members or even among other associates not belonging to the Executive Board. The General Secretary holds office for five years. The General Secretary directs the offices of the Association, takes care of handling ordinary business, provides for signing the current correspondence and performs every other task referred to them by the President, takes part in the meetings of the Executive Boards and the assemblies, drawing up their minutes, keeps a register of the associates and of the membership fees, keeps the accountings and arranges the documents to administering the budget.
Title IV – Budget and Financial resources
ART. 21
Financial resources
The financial resources of the Association are made up of:
- membership fees;
- public and private contributions;
- donations and legacy property;
- patrimonial assets;
- fundraising;
- reimbursement from agreements;
- movable and immovable property acquired by the Association;
- any other income permitted by the decree n. 117/2017.
ART. 22
Prohibition to distribute profits and obligation to use assets
The Association is forbidden to distribute, even indirectly, profits and surpluses, as well as funds, reserves or capital during its life, pursuant to art. 8 par. 2 of the decree n. 117/2017, obligation to use assets, comprehensive of potential proceeds, incomes, revenues, and any other resources, however they are named, to perform the activity according to the Statutes for the exclusive pursuit of the intended purposes, except for any reimbursement of expenses to the associates and to the properly filled documents regarding social offices.
ART. 23
Paid Staff
The association can make use of paid staff within the limits set by art. n. 36 of decree n. 117/2017. Relations between the Association and the paid staff are governed by the law and by specific regulations adopted by the organization.
ART. 24
Budget
The budget documents of the Association are on an annual basis and accrue from January the 1st to December the 31st of each year. They are prepared in accordance with art. n. 13 and n. 87 of decree n. 117/2017 and the related implementation regulations.
The Executive Board prepares the budget based on the documents provided by the General Secretary and the budget is approved by the ordinary assembly within April the 30th, accompanied by the report of the Executive Board.
ART. 25
The Social Budget
The Social Budget is drawn up in the cases and manners provided for by the art. 14 of decree n. 117/2017.
Title V – General final regulations
ART. 26
Dissolution and donation of the property
The eventual dissolution of the Association will be decided only by the extraordinary assembly as described by art. n. 13. In this case, the residual property is donated, unless otherwise specified by the law, to another corporation belonging to the third sector, in accordance with the provisions of art. n. 9 of decree n. 117/2017, as decided by the Executive Board.
ART. 27
Final regulations
For anything that is not expressly provided for by these Statutes, the provisions of the Italian Civil Code and the laws currently in force apply.