^{CULTURAL ASSOCIATION SPELEOFOTOCONTEST}

CONSTITUTIONAL ACT AND STATUTE

Pietrasanta (LU), August 17, 2018

Art. 1 Constitution

1. In the assembly held today, the Cultural Association named “SpeleoFotoContest” is established, with the approval of the following statute:

Founding Members:

• Paolo Dori […]
• Anna Maria Pardini […]
• Andrea Scatolini […]
• Luca Rossi […]
• Romina Barbensi […]
• Sandra Basilischi […]
  […]

Art. 2 Headquarters

The association’s headquarters are located in the municipality of Pietrasanta (LU), at Via San Bartolomeo 64.⁽¹⁾

Art. 3 Purpose and Objectives

1. The association is non-partisan, non-religious, and non-profit, pursuing exclusively scientific, cultural, recreational, and educational purposes, among others. Its goals are achieved by fostering cultural exchange among members through activities such as speleophotographic initiatives, speleological outreach via film or photo projections, contests, and photographic workshops. Entities and organizations operating in the speleological sector, as well as related professionals, may join to facilitate recreational initiatives.
2. The association cannot engage in activities other than those specified above, except for those directly related to or accessory to the statutory activities, as they integrate and complement its purposes.

Art. 4 Association Assets and Revenue

1. The association’s assets consist of movable and immovable property acquired by any means, donations or contributions from public or private entities or individuals, and net operating surpluses.
2. The initial endowment fund amounts to €300.00 contributed by the founding members […] including any internet domains purchased and/or registered by the association.
3. The association’s revenue includes:
   • Contributions from founding members and other members;
   • Income from its assets;
   • Proceeds from its activities.
4. The board of directors annually sets the minimum membership fee for those wishing to join the association.
5. Membership does not require additional financial contributions beyond the initial fee, though members may voluntarily make further contributions.
6. Contributions to the endowment fund are non-refundable, regardless of circumstances such as dissolution, death, withdrawal, or exclusion of a member.
7. Contributions do not grant ownership rights or divisible shares transferable to third parties, either by specific or universal succession.

Art. 5 Founders, Members, Benefactors, and Beneficiaries

1. Members of the association include:
   • Founding members;
   • Ordinary members;
   • Benefactors;
   • Beneficiaries.
2. Membership is annual, automatically renewed upon payment of the fee set by the board of directors within 30 days from the start of the membership year. Failure to pay results in automatic termination.
3. Members of legal age have the right to vote in assemblies for statute amendments, regulation approvals, and the election of governing bodies.
4. Founding members are those who contribute to the original endowment fund.
5. Ordinary members join during the association’s existence.
6. Beneficiaries are those who receive services provided by the association.
7. Benefactors contribute significantly to the endowment fund, as determined by the board of directors.
8. Prospective members must submit an application expressing their commitment to the association’s goals and adherence to its statutes and regulations.
9. The board of directors decides on membership applications within 60 days; absence of a decision implies rejection. Explicit refusals do not require justification.
10. Members can withdraw at any time, effective two months after notification. Withdrawal decisions must include reasons.
11. Members are entitled to actively participate in the association’s life.
12. Members must uphold respectful conduct and comply with the statutes.

Art. 6 Governing Bodies

1. The governing bodies are:
   • The assembly of members;
   • The president of the board of directors;
   • The vice president;
   • The board of directors;
   • The secretary.
2. Elections for positions, lasting three years, are held by secret ballot. Vacancies are filled for the remainder of the term. Positions are unpaid, non-delegable, and renewable.

Art. 7 Assembly

1. The assembly, comprising all members, is the association’s sovereign body. It is convened by the president via mail, email, or other means (e.g., SMS, WhatsApp), as well as through announcements posted at the headquarters and on the association’s Facebook page.
2. The assembly meets at least twice a year to approve the financial statements. It also:
   • Elects the board of directors, president, vice president, treasurer, and auditors;
   • Sets the general activity guidelines;
   • Amends the statute;
   • Approves activity regulations;
   • Decides on the allocation of funds and surpluses;
   • Resolves on the dissolution and liquidation of the association and the distribution of its assets.
3. Extraordinary assemblies are convened upon request by one-fifth of members or two-thirds of the board.
4. Assemblies may be held electronically.

Art. 8 Board of Directors

1. The board consists of 3 to 9 members, including the president, vice president, and secretary.
2. Members are elected by the assembly, with each voter allowed up to four preferences.
3. The board implements assembly decisions, plans activities, and oversees operations.
4. The board elects its officers at the beginning of each term.

Art. 9 President

1. The president represents the association legally and oversees its ordinary administration.
2. In urgent cases, the president may take extraordinary actions, subject to ratification by the board.

Art. 10 Vice President

1. The vice president assumes the president’s responsibilities in their absence.

Art. 11 Secretary

1. The secretary records meeting minutes and assists in administrative tasks.
2. They manage the association’s financial records and prepare annual statements.

Art. 12 Association Records

1. The association maintains mandatory and organizational records, including minutes and membership logs.

Art. 13 Financial Statements

1. The fiscal year ends on December 31.
2. Financial statements are prepared and approved annually.

Art. 14 Use of Surpluses

1. Surpluses are reinvested in the association’s activities and cannot be distributed.

Art. 15 Statute Amendments

1. Amendments require approval by an absolute majority of members.

Art. 16 Dissolution

1. Dissolution requires a three-fourths majority vote. Remaining assets are allocated to similar organizations or public benefit initiatives.

Art. 17 Arbitration Clause

1. Disputes are resolved through informal arbitration by a designated mediator.

Note:

⁽¹⁾ The association’s headquarters was relocated in 2020 to Via Curtatone 8, 56021, Cascina PI (Italy).

 

ente del Tribunale di Lucca.