|
|||||||||||||||||||||||||||||||||
|
 |
CONSTITUTION AND REGULATIONS - updated on March 25th, 2009
Section 1 - INTERPRETATIVE AND DECLARATORY MEASURES
INTERPRETATIVE AND DECLARATORY MEASURES
1.1Interpretive definitions
In the present regulations, the following words and phrases mean:
1.1.1Chambre : La Chambre de commerce de Mont-Laurier
1.1.2Office : The Office of La Chambre de commerce de Mont-Laurier, Such as defined in item 4.1
1.1.3Coucil : Board of directors of La Chambre de commerce de Mont-Laurier
1.1.4Member : Society, company, organization or enterprise, being part of the Chambre in that capacity.
1.1.5Représentative : Physical person delegated by a member
1.1.6Category : Individual, organization, professional, corporate and honorary ( membership )
1.2Purposes
The main purposes of the Chambre are the following ones:
1.2.1Facilitate the progress by the intervention of a political, social and economical system based on personal freedom, private enterprise, free-market economy and the sense of responsibility.
1.2.2Promote the development of the industry and the business.
1.2.3Subject to proper authorities the propositions to reach the purposes stated above.
1.2.4Promote the development of the members as well as the unity and the harmony in their actions of public interest
1.2.5To support the members in their initiatives of public interest
1.3PRINCIPLES
1.3.1Freedom is essential to ensure the blooming of personal development and the progress of the community
1.3.2Freedom imposes men responsibilities he cannot shirk from without losing or lessening it
1.3.3The State must protect the liberties of the private individuals and private enterprise. It has the duty to intervene when their efforts are not sufficient to serve common good, in that case, its role is auxiliary
Section 2 - MEMBERS
MEMBERS
2.1Categories
The Chambre includes several categories of members
2.2Admittance
The council accepts new members on recommendation of the committee of recruitment.
2.3Resignation
Any member can resign, by giving notice for that purpose to the Council and by paying any due debt
2.4Dismissal
The Council may, after having acquainted with these representations, discharge any member which violates the regulations of the Chambre or whose behavior is prejudicial to the Chambre.
Section 3 - BOARD OF ADMINISTRATORS
BOARD OF ADMINISTRATORS
3.1Members
The Council counts eleven (11) members.
3.1.1Abrogate
3.1.2The president of the Board of directors is nominated by the Council and becomes from his nomination, official chairman of the Chambre.
3.2Powers
3.2.1The council possesses all the powers required to reach the purposes of the Chamber according to the statutes and regulations of the resolutions adopted by the general assembly
3.2.2Without restricting the majority of what precedes, the Council can create administrative functions and attribute it responsibilities
3.2.3The members of the Office and the administrators act voluntarily
3.3Term of office
The term of office should last at least 2 years. Maximum 50% of the officials to be renewed every year, except for resignations on recommendation of the nomination committee.
3.4Council assemblies
3.4.1Convocation
The Council assemblies are convened by the secretary or his delegate at the request of the president or 4 members of the Council. Phone notice 48 hours in advance.
3.4.2Agenda
The agenda of the regular assemblies is ordered by the office and approved at the beginning of the assembly
3.4.3Quorum
The quorum of the Council counts five (5) members.
3.4.4Communication between administrators
An administrator can, with the assent of all the other administors of the Chambre, in the matter this assent is given before, during or after the meeting, specifically for this meeting or in a general way for any later meeting, participate in a board meeting using any technical means, such as the téléphone. Allowing him to communicate verbally and simultaneously with the other administrators or persons participating to the meeting. This administrator is, in such case, considered to be attending the meeting.
3.4.5Résolutions holding place of assembly
The written resolutions, signed by all the administrators authorized to vote on these last ones during board meetings, has the same value as if they have been adopted during these meetings. A copy of these resolutions, once adopted, must be preserved with the statements of the proceedings of the board of administrators.
3.5Dismissal
Any member of the council who fails to attend two (2) consecutive regular assemblies of the council, except for motivated absence, can be discharged by the council.
3.6Decay
Any member of the council elected officially at a federal, provincial or municipal election is deprived of his functions.
3.7Vacancy
3.7.1The vacancies within the Office are filled by the council.
3.7.2The vacancies within the board of administrators are filled on recommendation of the nomination committee.
Section 4 - OFFICE
OFFICE
4.1Members
The office is composed of the president of la Chambre de commerce, the 1st vice-president, the 2nd vice-president, the secretary, the treasurer, the president ex-officer and a coordinator or general director.
4.2Powers
The Office has the responsibility of the current administration of the Chamber. It decides of any other question he reports to the Council.
4.3Duties
The members of the Office have the generally inherent responsibilities of their position and among others:
4.3.14.3.1 The president of the Chamber:
- He is the main representative of the chamber and of Rues Principales Mont-Laurier and this, according to the grouping protocol accepted by both organizations;
- He chairs the assemblies of the Office, the Council and the general assemblies, He only votes in case of equality of the votes (draw) ;
- He leads the actions and takes care of good conducting of the corporate affairs of the Chamber and makes sure that the decisions of the General assembly, the Council and the Office are executed ;
- He reports to the annual General assembly the activities and projects of the Chamber and subject its financial status ;
- He can appoint from time to time a member of the Office to replace him in the purposes described above ;
- He must abstain from taking an active part to any election or political campaign so federal as provincial, municipal and school.
4.3.2The 1st vice-president
The 1st vice-president assumes in the demand or in the absence of the president, the responsibility of the main business segments of the Chamber.
4.3.3The 2nd vice-president
In the absence of the 1st vice-president, the 2nd vice-president assumes the responsibility of the main business segments of the Chamber.
4.3.4The secretary
The secretary convenes the assemblies, keeps the minutes and attests documents when required.
4.3.5The treasurer
The treasurer prepares the budget of the chamber, presents it to the Office and to the Board of directors. He subjects the financial status of the chamber to the Office and to the Council.
4.3.6The president ex-officio
The president ex-officio brings technical support to the new president and insures the follow-up of the caseload.
4.4Assemblies
4.4.1The Office must hold at least one (1) regular assembly each month, except during summer period, in places and dates determined by the Office. The assemblies of the Council being considered as such.
4.4.2Convocation
The regular assemblies of the Office are convened by the president or the secretary
4.4.3The agenda
The agenda of the assembly is ordered by that or those who convene it. This agenda has to accompany the notice of convocation.
4.4.4Quorum
The Quorum of the assembly counts seven (7) members.
4.5Decay
Any member of the Office elected officially at a federal, provincial or municipal election is deprived of his functions.
Section 5 - GENERAL ASSEMBLIES
GENERAL ASSEMBLIES
5.1Annual General assembly
The Annual General assembly is held in a place and on a date which chooses the Council.The notice of convocation of this assembly is sent to all members or published at least thirty (30) days in advance, in at least one (1) local newspaper.
5.1.1Three (3) Annual General assemblies can be held in a place and on a date which chooses the Council.The notice of convocation of this assembly is sent to all members or published at least thirty (30) days in advance, in at least one (1) local newspaper.
5.2Special General assembly
The Special General assemblies are convened on request of the Office or the two thirds (2/3) of the Council or ten (10) members. A notice of such assemblies must be sent to all members in at least eight (8) days in advance and contain a complete statement of one (1) or several subjects of the Agenda.
5.3Agenda
The Agenda of the Annual General assembly or the Special General assembly is ordered in the first two (2) cases, by the Council and in the third case, by those who convene it. This Agenda must accompany the notice of convocation. Only one (1) or several subjects registered in the Agenda can be considered by the assembly.
5.4Quorum
The Quorum of general assemblies is the number of members present the very day it takes place.
5.5Right to vote
5.5.1All members have the right to vote.
5.5.2The vote is exercised by the representative of a member or by his duly authorized representative in the term of a mandate.
5.5.3Every member (in good standing) or his representative is entitled to a vote. As a result a representative cannot represent more than a single member.
5.6Right of speech
All the members (in good standing) can participate to the debate of the General assembly.
5.7Resolution
Any resolution or motion must be adopted in the simple majority of attending members.
Section 6 - COMMITTEES
6.1COMMITTEES
The council appoints committees. All members are entitled to word and to sessions of committees. Committees make report to the board of directors.
6.2All the members have to follow and apply the regulations of operations to the article 3 of the code of étique.
6.3All the expenses must be detailed and approved before by the office of management
Section 7 - Elections of the administrators
7.1Elections of the administrators
Composition of the committee of appointment:
Ninety ( 90 ) days before the date of the annual general assembly, the council forms the committee of appointment.
7.2Composition
The committee of appointment consists of the president and two qualified members appointed by the board of directors
7.3Mandate
The committee will choose in the list of the members of the Chamber, the persons who will have beforehand been seen by at least one (1) member of said committee and who will in writing grant to apply
7.4Report
The committee of appointment will report to the assembly of the Council which precedes the annual general assembly of the members. This assembly of the Council can be a Special assembly.
7.5Publication
The list of applications (candidacies) must be sent to all members of the Chamber thirty (30) days before the date of the annual general assembly.
7.6Other candidacies
Other candidacies can be added to this list by the members of the Chamber. Every candidacy must be supported by four (4) members, signed, sent and returned to the committee of appointment of the Chamber of commerce, ten (10) days before the General assembly
7.7Vote
7.7.1The vote takes place during the Annual General assembly.
7.7.2The annual general assembly will appoint a president and a secretary of election. These can appoint scrutineers.
7.7.3The president of election presents in alphabetical order the list of the candidates nominated.
7.7.4A ballot will be handed to each of the present members. The bulletin has to indicate the number of positions to be filled. The member can in its choice vote for one or several candidates while not exceeding the number of the positions to be filled
7.7.5The candidates indicated on the bulletins and having obtained the largest amount of votes and having accepted responsibility of administration, are elected.
7.7.6If one (1) or several elected administrators refuse to accept the function,
7.7.7the Council, in its first meeting, will fill one or several vacancy (ies).
7.7.8In case of equality of the votes (draw) between two (2) or several candidates having had least votes, the members of the committee of election choose by
7.7.9final draw for the last position to be filled.
7.7.10During the first assembly which follows the Annual General assembly,
7.7.11the Council proceeds to the election of the members of the office.
Section 8 - COMITIES
COMITIES
8.1Appointments and mandates
The Council forms committees in specific reasons such as :
- from its own initiatives
- at the request of the general assembly
Section 9 - ARBITRATION COURT
ARBITRATION COURT
9.1Appointment and mandate
The Board of directors can form a council of arbitration authorized to judge and to settle any case or commercial dispute which is voluntarily subjected to it by the interested parties.
Section 10 - FINANCES
FINANCES
10.1Financial year
The financial year of the Chamber ends on December 31st of every year.
10.2Budget
The Council adopts the budget of the Chamber.
10.3Contributions
The annual contribution of the members is reviewed and fixed from time to time by the Board of directors and approved by the general assembly.
10.4Loans
The Council can contract the loans necessary for the good conducting of the Chamber.
10.5Bank and investments
The Council chooses one or several financial institution (s) where will be deposited the capital of the Chamber and made the investments of available liquid assets.
10.6Signatories
The Council appoints one or several person (s) signatory (ies) of checks, contracts, commercial effects and other documents.
10.7Experts- accountants
The experts-accountants of the Chamber are appointed during the Annual General assembly and their fees accepted by the council.
Section 11 - GENERAL MEASURES
GENERAL MEASURES
11.1Consultation with the members
11.1.1When it is of important matter, the Council can subject it to the decision of the members qualified by mail referendum. The duration of the ballot will not have to exceed sixty (60) days nor be lower than twenty (20) days. At least fifty (50) answers are required so that this referendum is valid.
11.1.2The Chamber can lead inquiries with the members on relevant subjects to its mission. The Council can consider as adopted a policy which will have obtained two thirds (2/3) of the votes resulting from at least twenty percent (20 %) members.
11.2Amendment
The present regulations can be modified during any General assembly if the text of the amendment (s) was communicated to the qualified members at least thirty (30) days in advance and are available for consultation at the Chamber of Commerce.
11.3Abrogation
All the statutes and the previous regulations are overruled.
11.4Interprétation
Every time the context requires it, any word written in masculine includes the feminine and any word written in singular includes the plural and vice versa.
11.5Come into effect
The present statutes and regulations will come into effect by their adoption during a General assembly.