Charter
ART.1 - Denomination and center
Is constituted an Association called "AssoTLD" with legal centre in Avenue Ippocrate, 23 - 00161 Rome.
ART.2 - Scopes and Operativity
The association, doesn't have finality of profit and politics, but it concerns him to the followings purposes and assignments:
It promotes the guardianship of the collective affairs of the associates and it represents them towards the Government Institutions and of other nature, particularly with the Italian Register of the ccTLD.it
It takes care of every possible activity of understood communication to strengthen the relationship of the associates both with the consumer, both with the Institutions before described. It promotes contacts for it stipulates it of accords and conventions, for services, professional, technical, commercial, administrative, etc. with other organisms and organizations that pursue the same purposes or connected purposes, or however useful to the entrepreneurial activities of the Associates.
It promotes, in reference to the possible various branches of springing risks from the exercise of the activity developed by the Associates, particularly for the recording of the dominion names, accords e/o settles between banks or companies insurance or other public and private organisms, for it stipulates it of policies fidejussorie, insurance, etc.
It promotes initiatives, proposals and projects of coordination towards all the institutional subjects which the choices are submitted in order to the recording of the domain names and combined activity.
It intervenes to guardianship and safeguard of the affairs of the Associates on the legislative, economic, and contractual plan towards the preceded organisms.
It promotes the analysis of the Italian legislative system of sector individualizing the tools of link with the community discipline, in relationship to the themes of interest of the Associates.
t promotes studies, conferences and meetings on themes and problem list of interest of the Associates, trying to participate in the demonstrations and events held more interesting.
It promotes the information and the consultation, with possible answer to the questions, towards the Associates, on the norms, the rules and the connected principles to the dominoes and connected subject, on the aspects of technical, commercial, organizational, administrative, fiscal, legal and legislative nature, through above all the channel Internet, with use of files, e-mail, circular, sites web, but also through the use of magazines specialized or other channels of communication. It promotes a correct sensitization of the public opinion on the peculiarities and on the problem list of the working enterprises in the sector, through a relationship with the media.
It intervenes to the layout of the Contract with the Italian Register for the recording of the dominion names and to the possible integrative accords, norms of behaviour, rules, etc., furnishing assistance and information to the Associates.
It undertakes initiatives to guardianship and safeguard of the market of the dominion names connect to the principal associations of category. It favours the professional formation of the associates and the constitution of a Code of Self-discipline.
It represents the generality of the associates, when held opportune, in controversies, judgments and quarrels of various nature, pertaining to the guardianship of the collective affairs. The association can complete all the actions (movable, real estate, financial, etc.) and the necessary or useful operations to the realization of the Social purpose, particularly through the Directive Suggestion or the preceded people, it will be able: to name delegated territorial e/o of sector defining the assignments of it, to assume and to dismiss employees and collaborators, to purchase, or to rent, or to generally take in concession immovable goods and furniture, and other immaterial goods, without need of particular authorizations, over those required from the Law and from the present statute. The association can develop commercial, occasional or continuous activity, in the limits admitted by the Law and if necessary, or held opportune from the Directive Suggestion, you/he/she can open, also delegating an appointee, besides the Fiscal Code, also a Game IVA.
The association can stick to corporate body and organizations of territorial character e/o of sector, in harmony with his/her own Social purposes and you/he/she can assume shares however, admitted by the Law in other organisms, to undertake relationships with Banks, Set, Financial and similar (for the management of current accounts, normal, etc., faithful, etc.) Institutes. The association responds some its own obligations with its own common fund.
ART. 3 - Duration and Dissolution
The duration of the Association is limitless; the dissolution must be deliberated from the Extraordinary Assembly of the Associates.
In case of dissolution of the Association for any cause, the same one has the obligation to devolve its analogous fine patrimony to other association with or the ends of public usefulness, felt the organism of competent control or in matter, but various destination it sets up or admitted from the Law.
ART. 4 - Associates and Associative Quotas
They can join to the Association operating, Italian and the foreign ones, with relative contract to the domains names with the Italian Registry of the ccTLD .it; in the terminology of the present action the associate word is equivalent to firm.
The associative relationship is delivered up normally for effect and from the moment of the deliberation of the Directive Council of acceptance, to unquestionable judgment of the same one, the question introduced second the social outline; if the Directive Council has not been expressed negatively for an adhesion question, the same one can but be accepted also from the President or the Vice president, but in the event in which this last they had not held account of a verdict of negation from part of the Directive Council, such association could revoke and in any case if the questions will not be accepted the relative sums corresponded (without ulterior indemnifications will have to be given back).
The adhesion engages the Associate to all the Statutory effects of Law and, normally until 31 December of the year in course to the association question (or eventually of the successive year); in the event in which within the expiration (or the days succeeded to you), the Associate corresponds the quota for the new year, the association will be from meaning renewed also for that new year, otherwise will be able itself to be meant revoke.
The quota association anniversary is established for 2007 in 60,00 euro, for the years to come will be established from the Directive Council.
The associative quota is worth until 31 December of the year in course, but various decisions taken from the Directive Council and could be applied quotas that hold account of a smaller number of months use you regarding the entire year.
ART. 5 - Straight and Duties of the Associates
The Associate has straight to participate and to vote to the Assembly of the Associates, to take part to the associative life in the shapes previewed from the present Charter and the Law, to make use of the information and every attendance and other service and support previewed and distributed from the Association.
The Associate has the duty to observe the Charter and the deliberations of the organs associate to you, to correspond the Social contributions, to activate in the associative life and those who cover
the associative charges have also the duty to fulfil the tasks to inherent they, with loyalty, correctness and diligence.
ART. 6 - Cessation of the Associate
The quality of Associate gets lost:
a) for dissolution of the Association;
b) for violation of the norms of the present Statute, or for incorrect behaviour towards the association or of the other partners, or as disturbing of the Social harmony; in such cases to decide for the exclusion, over applications of possible gotten material or moral damages, it will be the College of the arbiters, where existing, or the Ordinary meeting of the Partners with majority of the presents, excluded the abstainers.
c) for forfeiture, that is loss of requirement;
d) for strike in the deposit of the associative quotas;
e) for recess, anytime, from part of the same Associate.
That's involve the loss of every right on the patrimony, the supports and tied up that's to the association and the Social life, also the obligation of the payment of the associative contributions remaining eventually matured and not corresponded and of the taken appointments, while it won't be being made, even partly, the associative quota, even if not used.
ART. 7 - Organs of the Association
They are organs of the Association:
a) the Assembly of the Associates
b) the Directive Council
c) the Directive Prime Minister
d) the Vice president of the Directive Council
e) Councilman Secretary
f) Councilman co-ordinator
g) the College of the arbiters, in case existing
h) the College of the Revisers of Conti, in case name
The elective charges are to indefinite time, normally last at least two years until the month of December of the successive year to the date of beginning, those established in the Corporate charter to indeterminate time, until the resignation, or revocation, or variation from part of the Assembly of the Associates, in any case they last end a lot that the organs canon do not name the new candidates, but decay in the event in which the interested one at least five sitting of own competence is consecutive unjustified absent in order, or naturally in case of resignation
They can be you invest of subject social charges also not associates of the Association.
ART. 8 - Assembly of the Associates
To the Assembly of the Associates (called also simply Assembly) all the Associates can take part, in rule with the payment of the contributions associate to you, titular or representatives lawyers of the organism associate or delegated from these and making part of the structure of the same organism; every associate, that he has straight to a ballot, can makes itself to represent by means of delegation to other Associate, which cannot more use some than five.
The reunions of the Assembly of the Associates can be of two types: ordinaries (it summon at least once the year, or better twice, for example to April and December) and extraordinary and are summoned, in one of these two types, second the requirements, from the Directive Council, also upon request at least the half of its members, if you also repute necessary for joined decision of the President and the Vice president, or upon request at least 1/5 (fifth) of the effective Associates, or, but only for the ordinary assemblies, of all the members of the College of the Probiviri, when at last necessary for Law.
The Associates will be able eventually to take part also in teleconference where available.
Reached the Managing committee one demanded suitable of convocation of Assembly, the President and/or the Vice president, or in absence of these or more Councilmen, must convene the Assembly (but impossibility) within the 30 days succeeded to you.
The convocation warning must be at least sent eight free days before the Assembly, to means of fax and/or email, or other virtual means, or suitable, eventually for registered letter, to the addresses it communicates to you from the Associates and in the same terms it must be visualizes in a page web, in the official site of the Association; the convocation warning must contain the order of the day, the indication of the place, hour and date of the Assembly, let alone the same relative indications to eventual the possible second gear convocation.
The Partners cannot complain in the case in which has not come to knowledge of the convocation of the meeting.
The Assembly in which all the Associates and the Directive Council to the suit are present, is thought totalitarian and valid also without the due convocation.
The Assembly nomination for its development the President, task normally assigned to the President or to the Vice president of the Directive Council, or to an Associate, moreover nomination also the Secretary of the Assembly, also non member, but normally a Councilman and eventually one or more searching also not Associates.
ART. 9 - Assemblies of the associates: validity
The Assemblies of the Associates can be Ordinary and Extraordinary.
The reunions of the Ordinary Assembly are valid in first convocation when at least more 50% one of the effective Associates are present, in person or for delegation, while in second convocation (distanced at least a day from before and not more than thirty) they are valid any is the number of the present ones personally or for delegation.
The reunions of the Extraordinary Assembly are valid in first convocation when it is present at least the 2/3 (two thirds party) of the effective Associates, in person or for delegation, while in second convocation (distanced at least a day from before and not more than thirty) are valid when it is present, of person or for delegation, at least more 50% one of the effective Associates.
I compute of the participants is carried out upon maturity of thirty minutes after the hour of opening o the jobs indicated in the convocation warning.
The President of the Assembly establishes of time, in time, the modalities of voting (evident, secret, etc.), but that the Assembly with the majority of the associates (excluded from the total of present the abstainers) decides various and knows the express previewed cases to you from the present Charter or the Law.
To every participant a ballot is up, beyond to those of it represents to you, and the deliberations are adopted, but the specific cases previewed from the Charter or for Law, to majority of voting (comprised the delegations and excluded from the total of present the abstainers); for the statutory modifications it is necessary, in Extraordinary Assembly, the favourable ballot at least the half more one than all the effective Associates.
In case of parity in the evident voting the part prevails that comprises the ballot of who presides the Assembly, in the secret voting the proposal agrees rejected; in case of parity of ballot to the elections of the Social charges the having candidate declares itself elect greater associative seniority.
ART. 10 - Assembly of the associates: competences
The Assembly, in Ordinary sitting:
a) it establishes the organizational guidelines of the Association;
b) elect periodically the Directive Council with allocation of the charges: President, Vice president, Councilman secretary, eventual Councilman Co-ordinator and other charges and of it establish the eventual compensations;
c) elect, eventually, the members of the College of the Probiviri and of it it establishes the eventual compensations;
d) elect, eventually, the members of the College of the Revisers of Conti and of it establishes the eventual compensations;
e) it approves of the closing balance budget and the relation on the activity carried out from the Association;
f) it approves of the budget estimate and it takes part eventually on the content of the formulated Associative Regulations from the Council Directive, composed from several points in connection with the Charter (entity of the contributions associate to you and modality of payment, organization, etc.);
g) it can decide on the expulsion of the associates;
h) deliberation on every other argument place on the agenda, for Law or on suitable demand.
The Assembly, in Extraordinary sitting, deliberation, beyond that in the other necessary cases, for:
a) modifying the present Charter;
b) to melt the Association.
ART. 11 - Directive Council
The Directive Council is composed from the Councilmen, between which the President, than normally presides it, the Vice president and other Councilmen in number from 4 to 15 (comprised the Vice President and), the elect ones from the Assembly of the Associates (but to the foundation name in the Corporate charter) with respective the eventual specific charges, between these also that one of the Secretary and Coordinator; in the event in which or both of these two last charges came to lack, the President and the Vice president jointly will be able to name to the same specific charge other Councilman, if existing, but in case the number of the same ones had to come down under to four, those remained will have to convene within 30 days the Assembly of the Associates to scrape up (with the new allocation of the specific charges).
The Directive Council is convened from the President, or eventually from the Vice president, every turns thinks opportune, three times to it (normally minimal the two) year, through convocation warning that must contain the indication of the place, hour, date and the order of the day of the reunion and that it must before be at least sent eight free days (in case of urgency reduced to four), means fax and/or email, or registered letter, or telegram, or other virtual or fit means, to the addresses communicates to you from the interested ones and in the same terms it must be visualized in one page web, in the situated official of Association.
The Councilmen will not be able to protest in the event in which, or incomprehension, they have not come to acquaintance of the convocation of the Assembly and to the same one they will be able eventually to take part also in teleconference (if obviously available).
The regularly convened reunions are valid in case are present at least the half of the members of the Directive Council and if convened they are not totalitarian, that is they are present all the members of the Directive Council; delegations are not admitted, every member have straight to a ballot and the deliberations valid if are taken with the majority of the present ones, excluded in count the abstainers.
In case of parity in the evident voting the part prevails that comprises the ballot of the President; in the secret voting the voting will be repeated and in case of ulterior parity the motion will agree rejected.
The Directive Council, in the picture of the addresses generates them fixed from the Charter and from the Assembly of the Associates, it carries out the following tasks:
a) said the criteria of development of the Association and it manages the same one;
b) in harmony with the present Charter formula periodically the Associative Regulations that can regard all the organizational aspects and establish the outline of adhesion and the entity one of the associative quotas, with relative expiration and I renew;
c) annually predisposes the necessary budgets, and estimate with the relations and documents;
d) deliberation on all the actions of important interest for the Association and extraordinary administration;
e) it can delegate to one or more of its members (or to others) all or it leave of the own attributions, specifying in this last case the limits of the delegation; moreover it can confer to dependent, collaborators and thirds party, powers of attorney for single actions or categories of actions.
ART. 13 - President and Vice President of the Directive Council
The Directive President represents the Association to every effect of Law and Statutory, he has powers of company for the ordinary and extraordinary administration and is re-elect; the same powers and the same rules, when they do not contrast with established how much from the law, are worth for the Vice president, but in case of divergent opinions it is worth that one of the President, but that it is not rerun to the Directive Council.
The President and the Vice president can among other things and also separately between they:
a) to giving execution to the deliberations of the Assembly and the Directive Council, adopting the necessary provisions to the attainment of how much determined one and the Social ends;
b) to supervise on the general course of the Association, in particular on the actions trained to you;
c) to write up the managerial relation to introduce to the Council and the Assembly;
f) to act and to withstand in judgment and to name lawyers, attorneys, etc., to the quarrels and the accords in case of impediment of the president.
g) to establish financial relationships with Banks, Mail, Credit institutions, Financial and similar, to manage checking accounts, also with it trusts and to carry out with such organisms, also through delegates, all the thought operations opportune, previous deliberation of the Directive Suggestion.
h) to complete all the actions that are not remit to you from the Charter to other organs and that they become necessary in the interest of the purposes of the Association, previous deliberation of the Directive Suggestion.
In cases of particular necessity or urgency they can be replaced to the Directive Council reporting the same one for ratifies it of just operated, to the first successive reunion.
In the event in which it came to lack the President, the Directive Council will be able to continue to work with the Vice president, but within once enough brief it must be summons the meeting of the
Partners that will handle the election of the new President; such Meeting must be summons with quickness in the case in which you/they came the President and the Vice-president to contemporarily miss. They have straight to the recovery of expenses supported for the Association and to an eventual compensation established from the Assembly of the Associates.
ART. 14 - Secretary adviser
Councilman secretary holds the contacts, for the normal administration, with the associates, several the organs in loads, the dependent, the collaborators and other external entities (supplying, etc.), in i whose comparisons can be delegated from the Directive Council, or from the President, or from the Vice president also for specific actions and operations of particular importance, moreover he could be authorized from the Directive Council, in the comparisons of Banks, Mail, Credit institutions, Financial and similar, for all the operations of pertinence; one is interested of the good operation of the Association, can manage the case, compile the before famous one and one is interested, with to the other Councilmen, obligatory or important documents of the society.
It tries to participate to all the social assemblies assuming of normally the functions of Secretary.
It has the right to the reimbursement of the expenses sustained for the association and to an eventual remuneration established by the meeting of the Partners.
ART. 15 - Co-ordinator adviser
It can carry out the same functions with the same acknowledgments of the Secretary, but in particular one is interested of the organization, the plans, the initiatives and the structure of the Association and the coordination of the several activities.
It has straight to the recovery of expenses supported for the Association and to eventual a compensation established from the Assembly of the Associates.
ART. 16 - College of the Probiviri
The College of the Probiviri, constituted from three members, preferably the last Presidents or eventually Vices president (if existing and available), obviously elect from the Ordinary Assembly of the associates, has the task to judge with respect to the relationships between the Association and the single Associates as far as the observance of the Charter and the existing Regulations and to estimate that the behaviour is corrected from part of all the members and eventually to judge the exclusion of the associate.
The College of the Probiviri, elect, if necessary and/or thought opportune, from the Assembly of the associates, more old is presided from the Member identifying that acts as from Dean, hard in loads normally until 31 December of the successive year to the beginning date and its Members are re-elect.
The Dean convenes the College of the Probiviri within 30 days from the reception of demand written reached from at least two members for the Directive Council or from fifth (at least 1/5) of the effective Associates, and establishes the date, the place and the order of the day of the reunion of the Probiviri, to which he will be able to participate, if available, also in teleconference (are always valid the totalitarian assemblies).
The College of the Probiviri currency the relative circumstances to the Associate under investigation, can convene it and subsequently it can emit a provision, normally of expulsion permanent, or temporary.
The College of the Probiviri deliberates to simple majority, to the presence of its three Members, or if present only two with the Concorde opinion of both.
The deliberations of the College of the Probiviri come transmitted to the Directive Council for the necessary one ratify and in the first successive reunion of the Assembly of the Associates, it comes some given communication the same ones.
They have straight to the recovery of expenses supported for the Association and to an eventual compensation established from the Assembly of the Associates.
ART. 17 - College of the Revisers of Conti
The College of the Revisers, if thought opportune from the Ordinary Assembly of the associates, or necessary according to the law, is composed from one or more members, with the characteristics demanded from the Law, not making parts of the Directive Council and the College of the Probiviri, proposals from the Directive Prime Minister (or from the Vice ones in its absence) and name from the Assembly of the associates; but retraction from part of this last one, they last normally in loads until 31
December of the successive year to the beginning date and are re-elect.
The College of the Revisers has the task to control the correctness of the administrative, economic and patrimonial management of the Association, to examine the budget and to predispose one relation anniversary to subject to the Assembly of the Associates in occasion of the approval of such budget.
They have straight to the recovery of expenses supported for the Association and to a compensation established from the Assembly of the Associates.
ART. 18 - social Exercise and annual budget
The social exercise obviously begins 1° January of every year (excluded that one of 2007 that begins the day of the constitution) and 31 December of the same year is closed.
The financial Association will have to annually write up and to approve of an economic statement and, or budget second the dispositions of the present Charter and Law.
ART. 19 - final Dispositions and transitory Norms
According to and for the effects of the norms of which to the present Charter they are it considers you founding Associates those who turn out inserted in the Corporate charter of the Association.
Is faculty of the Directive Council to attribute the qualification of Founding Associate to those who will join to the association within 90 days from its constitution.
In the course of the first Assembly of the associates 2 councilmen also in reason of the number of the new adhesions taken part after the date of constitution of the Association could be name others. The present Charter will be effective from the date of the constitution of the Association.
For all not previewed how much in the present Charter, they are worth the enforced dispositions of Law in matter.