| Statutes |
1 § General Provisions
(1) The Association is the legal successor of the ELTE Nature Conservation Club’s (ELTE Természetvédelmi Klub) Working Group, called Energy Working Group (Energy Club) registered in 1991
(2) The name of the Association : Energia Klub (Energy Club) Association
Short name of the Association: Energia Klub (Energy Club)
Seat: 17-19 Szerb utca, 1056 Budapest.
2 § Goals of the Association
(1) Promoting solutions to environmental problems caused by energy production, transportation and end-use and representing citizens’ interests connection with these issues.
(2) Representing consumer interests.
(3) Promoting ways and means to ensure efficient production and end-use of energy and a more important use of renewable energy sources.
(4) Working for an environmentally sustainable energy policy.
(5) Awareness raising to promote efficient and environmentally friendly energy production and end-use to change citizens’ habits and mentality.
(6) Developing and maintaining international contacts to forward the above mentioned goals
3 § To Achieve its Goals, the Association uses the following tools
(1) Organisation of seminars, forums and discussions.
(2) Initiation the development of Acts and other higher level legislation, and dispositions and comments issues related to energy policy and related legislation.
(3) Publishes materials and campaign materials (conducts publishing activities) and distributes awareness raising materials connected to the issues dealt with.
(4) Puts out calls for grant applications on the above mentioned topics.
(5) Takes part in educational activities, assists, initiates and conducts such programmes.
(6) Co-operates with other organisations.
(7) Maintains international contacts other international organisations.
(8) The Association leads innovative as well as consensus building activities among stakeholders, provides help in connection with grant applications, and conducts household energy efficiency and energy saving activities. It also endeavours to network with local and national government institutions. Moreover, the Association’s activities to improve and develop the efficiency of energy usage also include the preparation of plans and programs in connection with this issue.
(9) The Association’s conducts activities listed in the 1997 Act CLVI on Public Interest Organisations Section 26, Paragraph c./ Point 9; anyone can take part in its public interest services, insofar as they conform to the general conditions stipulated in the calls proposals and other criteria. The environmental protection activities are conform to the general legislation on environmental protection, Act LIII of 1995. The activities of the Association are composed of public interest activities described as duties of the Minister of Environment and Water Resources in the 1995 Act LIII, Paragraph 42 / Point b), in the Governmental Decree155/2002 (VII.9) on the Duties and Responsibilities of the Minister for the Environment and Water Resources, Paragraph 1 Section 2 (especially under point b)), Paragraph 3 (especially Section (1), Points b), d) and f)), as well as activities defined as the duty of the local governments in the 1990 Act LXV, Paragraph 8, Section (1).
(10) During its activities, the Association can undertake enterprise activities insofar as it supports its public interest activities and doesn’t jeopardise them. The income generated from these activities must be used for the purpose of upcoming activities.
(11) The Association cannot engage in direct political activities and the organisation must remain independent from political parties and is not allowed to support them financially. The Association is not allowed to serve any political or economic interest, moreover it cannot engage in the representation of political and economic interests in influencing legislation be it by propaganda or other means.
4 § The Assembly
(1) The Assembly is the supreme body of the Association.
(2) Only the Assembly can make decisions on:
a) accepting or modifying the Statutes of the Association
b) the annual budget of the Association and acceptance of the annual financial report,
c) acceptance of the year’s work plan,
d) electing the Board – the President and two Board members - for three years, prolonging or revoking the mandates of Board members (the Assembly can revoke the mandate of a Board member who repeatedly or gravely violates the provisions of the Statutes or reneges its responsibilities as a Board member),
e) choosing the Director of the Association for a period of three years,
f) discussion and acceptance of the Board’s annual report,
g) judging an appeal against a decision of the Board,
h) accepting new members according to the procedure detailed in 5 § 1
i) decision on the exclusion of a member,
j) amount of the membership fee,
k) decision over joining other civil groups,
l) decision over the dissolution of the Association with the agreement of 2/3 of the members,
m) accepting the yearly report presented by the Board,
n) selecting the members of the supervisory body,
o) accepting the Report on Public Interest Activities.
(3) The Board has the authority to decide on any other issue not specified in the exclusive rights of the Assembly.
(4) The decisions of the Assembly are made by a majority vote, with the exception of the dissolution (see 3.§2./1). In the case of an even vote, the chairman breaks the tie. An individual cannot take part in the Assembly’s decision if the individual’s close relative (paragraph 685, point b/), or companion (later relative) will:
a) benefit from the exemption of an obligation or a responsibility
b) benefit from any other advantage, and has any interest in any upcoming legal transaction from the Assembly’s decision.
(5) The Assembly must meet at least once a year. It must however be called within 30 days of a request submitted by 1/5th of the members.
(6) The President or the Vice-president are responsible for calling together the Assembly. The place, time and draft agenda of the General Assembly must be communicated to the members of the General Assembly and those of the Supervisory Committee.
(7) For the Assembly to be authorised to make decisions, the presence of half of the members is required. If it cannot form a quorum, a second meeting must take place where decisions can be made independently from the number of participants and on the agenda presented at the first meeting, providing the members’ attention to this has been raised in the written invitation to attend the Assembly.
(8) During the Assembly, members have the right to take part in discussions and vote, while invited guests have the right to take part in the discussion and make proposals.
(9) The Assembly meetings are public.
(10) Minutes must be taken from the Assembly meeting. The minutes must contain the meeting place, date, agenda, list of people present; a list of issues discussed, the pre-distributed proposals, a summary of the discussion; it must contain the decisions, the minority’s opinion. The minutes are to be signed by the Chairman of the meeting and the minute-taker selected by the majority of the participants of the meeting and must be approved by two members present at the meeting.
(11) The Chairman of the Assembly must inform interested parties of the decisions as soon as possible and makes them public on the Association’s homepage.
5 § Membership Issues
(1) Any natural or legal person (regardless of nationality or seat) can become a general member of the Association if accepted by the Assembly by a 2/3 majority, and if he/she accepts the Statutes and pays the membership fees.
(2) The membership fee is 1000 HUF for natural persons and 20000 HUF for any legal person, as long as this amount is nor changed by the Assembly.
(3) A persons not allowed to practice his/her public rights or is under arrest or has a legal sentence against him/her cannot become a member of the Association.
(4) Members of the Association are recorded in the Membership Book, indicating their name, address or seat, occupation and the date of joining the Association.
6 § Cancellation of Membership
(1) The membership can end by resignation, striking off and exclusion.
(2) The membership is valid as long as the member does not request its end (orally or in writing), or the Board does not make a decision on the striking off of the member supported by a justification, or the Assembly does not decide on the exclusion of the member by a majority vote.
(3) Membership is cancelled by the Board if the member has not paid the overdue membership fee for a period of half a year, despite having received a written notice sent by registered mail or given over in person (with proof of reception). The written notice must inform the member that membership will be cancelled if the membership fee is not paid by a specified date, after reception of the notice.
(4) The Board can cancel the membership of those who have not taken part in the Association’s activities for a period longer that one year from his/her own fault. Cancellation can only take place after the member concerned has been heard and has had a chance to present his/her defence.
(5) The decision of cancellation must be communicated in a verifiable way to the member concerned.
(6) A member acting against the principles of the Association can be excluded by the Assembly.
7 § Rights and Duties of Members
(1) Members of the Association have equal rights. Everyone has the right to propose, elect or be elected as a member of the Board.
(2) Every member has one vote at the Assembly. Everyone has the right to make suggestions, comments or initiate proposal at meetings which should be responded to either in oral or written form. Every member can participate in Board meetings with rights to participate in the discussion and to make suggestions.
(3) Duties:
a) participate actively in fulfilling the goals of the Association
b) pays the membership fee decided by the Assembly
c) elected members should actively take part in the work of the Board according to the rules of the Association.
8 § Supporting and Honorary Members
(1) Any natural or legal person can be a supporting or honorary members -regardless of nationality or seat- who is accepted by the Board as a supporting or honorary member.
(2) The duty of a supporting or honorary member is to provide material, financial or other support for the activities of the Association.
(3) The supporting and honorary members - after his/her/its acceptance by the Association - can use her/his/its membership, can use it publicly and participate and make proposals in the activities and the meetings of the Association.
9 § The Board
(1) the Board is made up of the President and two more Board members,
(2) the main Rights and duties of the Board:
a) preparing the annual work plan of the Association,
a) organising the activities of the Association between two Assembly meetings,
b) make strategic decisions between two Assembly meetings,
c) making decisions in all cases not included in the rights and duties of the Assembly.
d) prepare the annual report on activities,
e) prepare the draft of the annual public interest report and distribute it to the Assembly for approval
(3) Rights and Duties of the President:
a) prepares and calls the Board meetings,
b) supervises the implementation of Board decisions,
c) can represent the organisation with the exception of cases detailed in 12 § (3)
d) exercises the employer’s rights in connection above the Director
e) can delegate his/her rights and duties to any member of the Board on a case by case basis.
(4) Between two Assembly meetings, the Board has to meet at least twice in order to maintain the permanent activity of the Association. Board meetings are public.
(5) The Board quorum is attained when the majority of members are present. Decisions are made by unanimity.
(6) Minutes of the meeting must be taken, which should be signed by the Board members present at the meeting.
10 § Main Duties and responsibilities of the Director
a) can represent the organisation with the exception of cases detailed in 12 § (3)
b) exercises the employer’s rights in connection above its colleagues
c) The Assembly has the right to choose or revoke the Director. Employer’s rights above the Director are the prerogative of the President..
11 § The Supervisory Body
(1) The members of the Supervisory body are selected by the Assembly. The Supervisory Body had three members.
(2) The members or auditor of the Supervisory cannot be at the same time
a) the President or a member of the Association,
b) takes part in activities other than those assigned by the Association and is employed or works in any other legal framework
c) benefits from the income related to the organisation’s aims, and
d) persons appointing those covered by points a-c
(3) The Supervisory body audits the Association’s operation and financial management. As they accomplish their task, they may request a report from the representatives and explanations from the employees of the Association. Furthermore, they have access to the Association’s books and may audit them.
(4) The Supervisory body determines its own detailed procedures.
(5) Members of the Supervisory body have the right to take part in discussions at meetings of the Association.
(6) The Supervisory body informs the Assembly, initiates summoning the Assembly if it becomes aware that:
a) in the process of operation of the Association, an infringement of the law or an event (negligence) that seriously damages the organisation’s interests takes place, which requires the decision of the Assembly in order to be resolve and to mitigate its effects;
b) the responsibility of leading officers is in question.
(7) The Assembly must be summoned at the initiation of the Supervisory body within thirty days of the request. If the Assembly is not summoned within this time, the Supervisory body has the right to summon the Assembly.
(8) If the responsible body does take the necessary steps to restore proper operations, the Supervisory body is responsible for notifying the institutions responsible for supervising the application of the law without delay.
12 § Assets, Financial and Monetary instruments
(1) To accomplish its goals, the Association can use the membership fees, money coming from grant applications, other donations and the financial support of supporting and honorary members; furthermore, it can use revenues generated by contracts signed for expert or scientific activities that further the aims of the Association.
(2) The Association keeps its financial assets on its own bank account, except for the amount which needs to be kept in the cash according to the decision of the Board.
(3) Accessing the Association’s bank account is possible with the two simultaneous signatures of the following people: the President, the Director and the Financial Manager.
(4) The Financial Manager must keep records of payments and file receipts/proofs of payments. At the end of the financial year, the Financial Manager places the annual accounts and the related receipts into the archives of the Board.
(5) If the Board of the Association or its authorised members fail to keep the rules of the Association, they are liable for their order with their personal assets.
(6) Members of the Association are not liable for the debts of the Association with their personal assets.
13 § Dissolution of the Association
(1) The Association dissolves if two thirds of its members decide so; if according to the decision of the Board it unites with another Association; if the number of the members falls under 10; if it is dissolved through an official procedure.
(2) In case of dissolution of the Association, its assets are at the disposal of its legal successor. If there is no legal successor, the last Assembly meeting may decide to transfer the assets to a civil organisation serving similar aims.
14 § Report on Public Interest Activities
(1) The public interest report contains the following:
a) a financial report;
b) the use of the financial grants;
c) details of property use;
d) accounts of allocation of funds according to their use;
e) details of the amounts obtained from the following administrative bodies: the body responsible for the central budget, the special governmental funds, the local governments, the local governments for visible minority settlements, the settlements’ local government unions and the health authorities.
f) the value and amounts received by Board members;
g) a short narrative report on the public interest activities.
(2) Anyone may have access to the annual Public interest report of the Association and can make copies at his/ her own cost.
15 § Closing Provisions
(1) The Association is and independent legal person; its operation is regulated by the provisions of Act II. of 1989 and Act CLVI of 1997 and the related rules of the PTK are the guiding rules.
(2) The procuration of the Association is made by the co-signatures of two authorised members above the name of the Association. The President and the Director are authorised to sign on behalf of the Association.
(3) Based on the present Statutes’ provisions, the Organisational and Operational Rules contain a management record in which the content, time and scope, as well as the details of the vote (pro and contra, if possible with concrete names) of the Assembly and Board decisions can be established.
(4) The means of requesting the services of the Association and reports are regularly published by the Board on the Association’s home page, and may use as required different environmental protection media.
(5) The most important data connected to the Association’s activities and management as defined in the Statutes are to be made public through local and national media.
(6) A person that has occupied a position in the Board of another Public interest organisation for a minimum of a year cannot be a member of the Board, insofar as the organisation he/she was previously in has not settled its public debt. This exclusion lasts for a period of 2 years after the previous organisation has been dissolved.
Budapest, November 24, 2005
Zsuzsa Foltányi Ada Ámon
President Director
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