All members of the EUPPCC must be informed of the statute of our club.

 

ARTICLES OF ASSOCIATION
 

THE ASSOCIATION EUROPEAN UNITED PERRO PRESA CANARIO

– THE EUROPEAN UNITED PRESA CANARIO CLUB,

 

The undersigned:

 

DUMITRU DANIEL, Romanian citizen, born on ………….. in ………….., domiciled in ………….., holder of identity card …………..  series ………….., no. ………….., issued on …………..  by ………….., CNP …………..;

STANICA FLORIN-ION, Romanian citizen, born on …………..  in ………….., domiciled in ………….., holder of identity card …………..  series ………….., no. ………….., issued on …………..  by ………….., CNP …………..;

COTELICI-VOICULESCU DANIEL, Romanian citizen, born on ………….. in ………….., domiciled in ………….., holder of identity card …………..  series ………….., no. ………….., issued on ………….. by ………….., CNP …………..…………..;

under the national law and under the constitutionally guaranteed right to form and join associations, pursuant to Art. 1 and the following from O.G. 26/2000 regarding the associations and foundations statutes, we agreed to form this Association for the following purposes and under the following conditions:

 

CHAPTER I – THE LEGAL FORM, NAME, DURATION, REGISTERED OFFICE
 

Art.1. The legal form
 

THE ASSOCIATION EUROPEAN UNITED PERRO PRESA CANARIO

– THE EUROPEAN UNITED PRESA CANARIO CLUB is established as a Romanian non-profit legal person under the governmental ordinance O.G. 26/2000 regarding

the associations and foundations statuses.

 

The association is an independent legal person which will function and develop its activity in line with the Romanian law in force, with the articles of association and with this Statute.

 

Art. 2. Name
 

The association name is THE ASSOCIATION EUROPEAN UNITED PERRO PRESA CANARIO– THE EUROPEAN UNITED PRESA CANARIO CLUB, a

legal person in a private law form, autonomous, non governmental, apolitical and non-profit – name reserved according to the name availability proof no. 185351/13.10.2020 issued by the Romanian Ministry of Justice.

 

The above name will appear in all the documents and acts issued by this association, along with the registered office, the bank account and the tax code.

 

Art.3. Duration
 

THE ASSOCIATION EUROPEAN UNITED PERRO PRESA CANARIO– THE

EUROPEAN UNITED PRESA CANARIO CLUB will function indefinitely, until further notice, starting with its date of entry in the National Associations Register at the clerk’s office by the 4th district Bucharest Tribunal.

 

Art.4. Registered Office
 

The association registered office is Bucharest City, Calea Vitan-Barzesti nr. 7D-7E, Corp C, et. 2, ap. 21, district 4.

 

The above mentioned registered office can be changed at any other address, depending on the interest of the association, after the decision in the general meeting of shareholders, in accordance with the procedure defined by the Law. The association can establish branches, representatives, workstations, agencies, subsidiaries, offices in Romania or abroad.

 

 

CHAPTER II – AIMS AND OBJECTIVES OF THE ASSOCIATION
 

Art. 1. The aim of the association is the scientific breeding, improving and fixing the common characteristics of all the dogs belonging to the perro de presa canario breed.

 

Art. 2. The main objectives of the association are:

 

1.               To contribute to the scientific fixing the characteristics of the dogs belonging to the perro de presa canario breed;

 

2.               To take part in improving and consolidating the phenotype traits, the watch and defense

features of the perro de presa canario dogs;

 

3.             To advise the association’s members on matters like raising, breeding and taking care of the perro de presa canario dogs and on all matters related to dogs in general;

 

4.               To organize presentations, shows and beauty or skills competitions;

 

5.               To regulate the scientific raising and breeding of the presa canario dog breeds;

 

6.               To present a detailed annual calendar with all the beauty shows and the selections exams;

 

7.               To elaborate (based on the decision of the General Assembly of the associates) the breeding, selection, show and arbitration regulations;

 

8.                 To perform tasks of education, awareness and information for its members and for the public, with a focus on helping the next generation to find out more and see the true value of this breed, to learn the responsibility, understanding, tolerance and attachment for the canine specimens;

 

9.                    To establish collaborative relationships with other associations or clubs with canine or other profile;

 

10.               To involve in attracting external funds to carry out the association’s work;

 

11.               To publish and broadcast promotional, awareness and educating materials on cynology;

 

12.               To stimulate the members activity by granting prizes, awards and honorary titles;

 

 

 

 

CHAPTER III – THE ASSOCIATION’S ASSETS
 

 

Art. 1. At the moment of its founding, the association’s registered share capital is 200 lei(RON), subscribed and paid up in full by the founding members, in the following proportion:

 

 

DUMITRU DANIEL - subscribes and pays up 100 lei(RON), representing 50% of the share capital

 

STANICA FLORIN -ION - subscribes and pays up 50 lei(RON), representing 25% of the share capital.

 

COTELICI-VOICULESCU DANIEL – subscribes and pays up 50 lei(RON), representing

25% of the share capital;

 

 

CHAPTER IV- THE ORGANIZATION AND FUNCTIONING OF THE ASSOCIATION
 

Art. 1 The bodies of the association are: a). The General Assembly;

b). The Management Board;

 

Art. 2 The General Assembly is the management body, formed by all the associates.

 

Art. 3 The Management Board ensures the enforcement of the decisions of the General Assembly and is formed by:

DUMITRU DANIEL – president
 

COTELICI – VOICULESCU DANIEL – vice-president STANICA FLORIN – ION -member

 

CHAPTER V – THE METHOD OF WINDING UP AND LIQUIDATION

 

 

Art. 1. The method of winding-up followed by liquidation of the association is subject to the rules in force in the Governmental Ordinance OG 26/2000 on the associations and foundations.

 

 

 

CHAPTER VI – FINAL PROVISIONS
 

 

 

The stipulations of these Articles of Association are supplemented by the provisions regarding the associations in the Government Ordinance no. 26/2000 on the associations and foundations.

 

The undersigned, DUMITRU DANIEL, COTELICI – VOICULESCU DANIEL,

 

STANICA FLORIN – ION , founders of the THE ASSOCIATION EUROPEAN UNITED PERRO PRESA CANARIO- THE EUROPEAN UNITED PRESA

CANARIO CLUB, hereby declare that Dumitrascu Niculae, domiciled in …………..,

………….., holder of the Identity Card ………….., series ………….., no. ………….., CNP ………….., is appointed, on our behalf and for our benefit, to carry out the procedures for acquiring the statute of legal person, to complete the legal procedures of authentication report, to complete the formalities of registration in the Register of Associations& Foundations based at the court of competent jurisdiction ratione loci et materiae, under the Governmental Ordinance OG 26/2000, with the subsequent amendments and supplements.

 

 

Drawn up today, at the legal day of the agreement, in 5(five) copies, of which 4(four) copies have been issued to the parties.

 

 

 

ASSOCIATE FOUNDERS, DUMITRU DANIEL

 

COTELICI- VOICULESCU DANIEL

 

 

 

STANICA FLORIN- ION

 

 

 

 

 

 

NATIONAL UNION OF THE ROMANIAN BARS

BUCHAREST BAR Attorney DUMITRASCU NICULAE

In accordance with the provisions of the article 3, paragraph (1) letter (c) of the Law no. 51/1995, I certify the date, the identity of the parties and the content of this act.

 

 

 

 

 

No.  

Date

Signature,

 

 

BAILEMENT AGREEMENT No.1/17.11.2020

 

The undersigned,

 

 

PASALAN FLORIAN, Romanian citizen, born on ………….., in ………….., domiciled in ………….., holder of the identity card …………..  series ………….., no. ………….., issued by ………….., on ………….., CNP…………..,

 

 

PASALAN TAMAIOARA, Romanian citizen, born on ………….., in ………….., domiciled in ………….., holder of the identity card …………..  series ………….., no. ………….., issued by ………….. on ………….., CNP ………….., hereinafter referred to as BAILERS and

 

The undersigned, THE ASSOCIATION EUROPEAN UNITED PERRO PRESA CANARIO – THE EUROPEAN UNITED PRESA CANARIO CLUB, in
the process of acquiring legal personality, per pro DUMITRU DANIEL, Romanian citizen, born on ………….. in ………….., domiciled in ………….., holder of identity card …………..  series ………….., no. ………….., issued on ………….. by ………….., CNP …………..,

 

hereinafter referred as BAILEE

 

 

concluded this bailement agreement, hereinafter referred to as “Agreement”

 

 

ARTICLE 1 - THE SUBJECT OF THE AGREEMENT is on the loan for use basis of the immovable property situated in Bucharest City, Soseaua Vitan – Barzesti, no. 7D-7E, Corp C, et. 2, ap. 21, district 4, representing the property of the bailers according to the purchase agreement 4639/06.10.2017, with a view to using it as the registered office of the association.

ARTICLE 2 – DURATION AND ENTRY INTO FORCE
 

12.1.       This agreement covers a period of 10 years and enters into force at the date of its signing by the parties.

 

 

ARTICLE 3 – OBLIGATIONS OF THE BAILERS
 

3.1.         The bailers undertake to hand over the immovable referred to in article 1 within 15 days from the signing of this Agreement.

 

3.2.           The bailers undertake to hand over the above mentioned immovable in good order, condition and repair, in order that the bailee could use it for all the period covered by the agreement.

 

 

ARTICLE 4 – OBLIGATIONS OF THE BAILEE
 

4.1.       The bailee undertakes to take over and use as a good owner the immovable referred to in article 1.

4.2.       The bailee undertakes to incur any necessary and useful expenses for the maintenance of the immovable, so that, at the return date, this would have the same value and would be in the same condition as it was at the takeover date, besides the normal wear.

4.3.         In the event that the immovable is partially or totally destroyed, the bailee is obliged to indemnify the bailers unless he can demonstrate that the property had been destroyed when it was in the bailers possession and use.

 

ARTICLE 5 – THE RIGHTS OF THE BAILERS
 

5.1.    The bailers remains in the ownership of the commodated property.

 

5.2.    The bailers have the right to request and receive, at the due date, the commodated asset.

 

 

ARTICLE 6 – The rights of the bailee
 

6.1.    The bailee has the right to request the handover of the aseet stated at the art. 1 in good order, condition and repair.

 

6.2.         The bailee has the right to use the asset stated at the art. 1 as a good owner for the duration of the agreement.

ARTICLE 7 – FORCE MAJEURE
 

 

7.1.       In case of a force majeure event , the party that invokes it, as it is defined by the l law , is exonerated from responsibility.

According to the Romanian legislation, force majeure events are: natural disasters, wars, strikes, legal restrictions and any other unforeseeable and insurmontable circumstances, beyond the control of the parties.

 

7.2.       The party that invokes a force majeure event shall be obliged to notify the other party of its occurrence and take all the necessary steps in order to reduce the consequences, as far as possible.

 

7.3.       The occurrence and the ending of the event shall be communicated to the other party within 3(three) days.

 

 

 

ARTICLE 8 – The termination of the agreement

 

 

8.1.       The present agreement shall terminate ipso iure at the date laid down at the article 2, i. e. when the period that covers this agreement expires, if neither party requires its extension.

 

8.2.         The present agreement shall terminate if one of the parties does not comply or complies inadequately with the commitments undertaken by this agreement. In this case, the party entitled shall request the cancellation of the agreement by sending a registered letter with acknowledgment of receipt 5 days before the date referred to as the date of the termination of this concluded agreement.

 

 

ARTICLE – LITIGATION
 

 

9.1.   Any divergence between the parties concerning the performance of this agreement shall be settled amicably, as far as possible.

 

9.2.     If the parties will not resolve amicably their divergences, the most complying party shall submit the request to the court.

 

ARTICLE 10 – THE GOVERNING LAW
 

10.1 The present agreement is governed by the Romanian law.

 

 

 

ARTICLE 11 – FINAL PROVISIONS
 

11.1.    Any amendment to the present agreement shall be made only with the written consent of the parties.

 

Concluded today, the 17th of November 2020 in 3(three) copies.

 

 

 

 

 

BAILERS,  PASALAN FLORIAN
 

 

PASALAN TAMAIOARA

 

 

 

 

BAILEE,

 

 

THE ASSOCIATION EUROPEAN UNITED PERRO PRESA CANARIO – THE EUROPEAN UNITED PRESA CANARIO CLUB

 

per pro DUMITRU DANIEL

 

 

RESOLUTION OF THE GENERAL ASSEMBLY OF THE ASSOCIATES

 

SC……………………………. NR…………………………..

 

(convened on an ad-hoc basis at the registered office of the association)

 

 

 

We, the associates, …………………………………….holder of CI series……...nr………….as an associate and …………………………………………..holder of CI series……..nr………...in compliance with the Articles of Association and with the Law 31/1990, legally convened in the general assembly at the registered office of the above mentioned association, unanimously,

 

 

DECIDE:

 

1.              The president of the association,………………………………………….holder of CI series……..nr……………., is given power of attorney to sign on our behalf and for our benefit all the papers required to open a bank account, to pursue all the financial activities at Transilvania Bank - Giurgiu branch, to conduct any operations involving the accounts of the association with right of signature, including the activation of banking products and services or applying for bank cards.

We, the parties, declare that we have read and are aware of the provisions of the present Statute which correctly incorporates our wishes and will and we agree to sign it in this form.
 

 

 

SIGNATURES, DUMITRU DANIEL

 

 

 

 

STANICA FLORIN – ION

 

 

 

 

COTELICI – VOICULESCU DANIEL

 

 

 

 

 

 

 

NATIONAL UNION OF THE ROMANIAN BARS BUCHAREST BAR

 

Attorney DUMITRASCU NICULAE

 

In accordance with the provisions of the article 3, paragraph (1) letter (c) of the Law no. 51/1995, I certify the date, the identity of the parties and the content of this act.

 

 

 

 

 

No.  

Date

Signature,

MUNICIPAL COURT OF BUCHAREST, DISTRICT 4
 

Registration proof of the non profit legal person no. 24 issued on 12.04.2021

 

 

1.  Name:  THE ASSOCIATION EUROPEAN UNITED PERRO PRESA CANARIO– THE EUROPEAN UNITED PRESA CANARIO CLUB

 

Judge,                                                                                      Official stamp

 

 

Change 2:
 

Judge,                                                                                      Official stamp

 

 

Change 3:
 

Judge,                                                                                       Official stamp

 

 

2.   Registered office: BuCharest, Soseaua Vitan-Barzesti no. 7D-7E, Corp C, et.2, ap.21, district 4
 

 

 

Change 1:

 

Judge,                                                                                      Official stamp

 

 

Change 2:
 

Judge,                                                                                      Official stamp

 

 

Change 3:
 

Judge,                                                                                       Official stamp

 

3.  Duration: For an unlimited period Change:
Judge,                                                                                      Official stamp

 

 

4.  Number and registration date in the Special Register: 24/12.04.2021 5.Signature and official stamp
Judge: Socol Elena-Laura

File no. 1814/4/2021

 

ROMANIA

MUNICIPAL COURT OF BUCHAREST, DISTRICT 4 – CIVIL SECTION CONCLUSION NO. 31

The meeting in the judge’s chambers on 12.02.2021 The panel of judges:

PRESIDENT: SOCOL ELENA-LAURA

COURT CLERK: VLADAN ANDREEA-SIMONA

 

The settlement of the request submitted by the petitioner The Association European United Perro Presa Canario – The European United Presa Canario Club, concerning the “acquiring of legal personality” is pending.

The petitioner was present at the roll call at the meeting in the judge’s chambers, by a lawyer, by power of attorney added to the docket.

The summoning procedure is legally fulfilled.

The case summary was presented by the clerk to the court.

The court puts into issue the competence of settling the case to the petitioner.

The petitioner, by a lawyer, considers that this case falls under the jurisdiction of this court. The court, by virtue of its office, according to art. 94 pt. 1 and art. 529 C. proc. Civ, ascertains that is competent in all the three aspects, general, material and territorial, to resolve this case.

The petitioner, by a lawyer, requests the admission of the documentary evidence and submits to the docket a Tax Clearance Certificate for Stanica Florin-Ion and a declaration stating that there is no lodger’s association established in the condominium where the registered office of the association is located.

The court, under the art. 258C.proc.civ., admits the documentary evidence of the petitioner and acknowledges this evidence as legal, pertinent and conclusive, and hears the arguments on the merits.

The petitioner, by a lawyer, requires the admission of the claim and the registration of the petitioner in the Register of Associations and Foundations by the registry of the Bucharest Municipal Court, district 4.

The court considers the case for settlement within ordinary procedure.

 

THE COURT,
 

Ruling on the civil case herein, acknowledges the following:

 

On application by the Municipal Court of the district 4, Bucharest, on 27.01.2021, no. 1814/4/2021 entered on the Court of Appeal docket, the petitioner , The Association European United Perro Presa Canario – The European United Presa Canario Club requests to be granted legal personality and registration in the Register of Associations and Foundations by the registry of the Bucharest Municipal Court, district 4.

As legal grounds, the provisions of the Governmental Ordinance OG 26/2000 concerning the associations and foundations were invoked.

 

To substantiate the application, documentary evidence, as an original and as true and correct certified copies was submitted.

 

The application legal filling fee, of 100 lei(RON), according to the art.12 letter c). of OUG no.80/2013.

 

Taking note of the supporting documents submitted to the docket, the court acknowledges the following:
The petitioner requests to be granted the legal personality, the documentary evidence provisioned by the art. 7 of the OG no. 26/2000 regarding the associations&foundations, including the statute closed pursuant to the art. 6 of the above mentioned Governmental Ordinance, being added to the docket.

Also, pursuant to the art. 8 paragraph (1) letter (b) of the O.G. no. 39/2015 regarding the Tax Clearance Certificate, the associate-founders Tax Clearance Certificates were submitted to the docket.

The court finds that the claim is well-founded and will be granted. Also, pursuant to art.

8of OG 26/2000, the court decide the registration of the petitioner in the Register of Associations and Foundations by the registry of the Bucharest. Municipal Court, district 4.

The court will also advise the petitioner of the provisions in the art. 14 and 33 – 34 of O .G. 26/2000.

 

 

 

 

 

 

To grant the motion of The Association European United Perro Presa Canario – The European United Presa Canario Club, registered office at Soseaua Vitan – Barzesti, no. 7D- 7E, Corp C, et. 2, ap. 21, district 4, Bucharest, e-mail: avocatdumitrascu@gmail.com

Decides the registration of the petitioner in the Register of Associations and Foundations based at the Municipal Court of the district 4 Bucharest.

The court advises the petitioner of the provisions in the art. 14 and 33 – 34 of O .G. 26/2000. The present decision will be communicated to the Tax Office district 4 Bucharest and to the

Ministry of Justice after it remains final.

With the right to appeal within 5 days from the notification of the ruling.

The notice of appeal shall be submitted at the Bucharest Municipal Court, district 4. Pronounced by presenting the solution to the parties by the registry of the court, today,

12.02.2021.

 

 

PRESIDENT,                                                                                            COURT CLERK,

Socol Elena-Laura                             Vladan Andreea- Simona

 

 

 

 

STATUTE

 

 

THE ASSOCIATION EUROPEAN UNITED PERRO PRESA CANARIO THE EUROPEAN UNITED PRESA CANARIO CLUB

 

 

 

 

The undersigned:

 

DUMITRU DANIEL, Romanian citizen, born on ………….. in ………….., domiciled in ………….., holder of identity card ………….. series ………….., no. ………….., issued on ………….. by ………….., CNP …………..;

 

STANICA FLORIN-ION, Romanian citizen, born on ………….. in ………….., domiciled in ………….., holder of identity card …………..  series ………….., no. ………….., issued on ………….. by ………….., CNP …………..;

 

COTELICI-VOICULESCU DANIEL, Romanian citizen, born on ………….. in ………….., domiciled in ………….., holder of identity card …………..  series ………….., no. ………….., issued on ………….. by ………….., CNP …………..;

under the national law and under the constitutionally guaranteed right to form and join associations, pursuant to Art. 1 and the following from O.G. 26/2000 regarding the associations and foundations, we agreed to form this Association for the following purposes and under the following conditions:

 

CHAPTER I – THE LEGAL FORM, NAME, DURATION, REGISTERD OFFICE
Art.1. The legal form Par.(1)
THE ASSOCIATION EUROPEAN UNITED PERRO PRESA CANARIO – THE

EUROPEAN UNITED PRESA CANARIO CLUB is established as a Romanian non-profit legal person under the governmental ordinance O.G. 26/2000 regarding the associations and foundations statuses.

 

Par.(2)
The association is an independent legal person which will function and develop its activity in line with the Romanian law in force, with the articles of association and with this Statute.

 

 

Art. 2. Name Par.(1)
The association name is THE ASSOCIATION EUROPEAN UNITED PERRO PRESA CANARIO – THE EUROPEAN UNITED PRESA CANARIO CLUB, a legal person in a

private law form, autonomous, non governmental, apolitical and non-profit – name reserved according to the name availability proof no. 185351/13.10.2020 issued by the Romanian Ministry of Justice.

 

Par.(2)
 

The above name will appear in all the documents and acts issued by this association, along with the registered office, the bank account and the tax code.

 

Art.3. Duration
 

THE ASSOCIATION EUROPEAN UNITED PERRO PRESA CANARIO – THE

EUROPEAN UNITED PRESA CANARIO CLUB will function indefinitely, until further notice, starting with its date of entry in the National Associations Register by the registry of Bucharest Municipal Court.

 

Art.4. Registered Office

Par. (1) The association registered office is Bucharest City, Calea Vitan-Barzesti nr. 7D-7E, Corp C, et. 2, ap. 21, district 4.

 

Par.(2)
The above mentioned registered office can be changed at any other address, depending on the interest of the association, after the decision in the general meeting of shareholders, in accordance with the procedure defined by the Law. The association can establish branches, representatives, workstations, agencies, subsidiaries, offices in Romania or abroad.

 

 

CHAPTER II – AIMS AND OBJECTIVES OF THE ASSOCIATION
 

Art. 1. The aim of the association is the scientific breeding, improving and fixing the common characteristics of all the dogs belonging to the perro de presa canario breed.

 

Art. 2 Par. (1) The main objectives of the associations are:

 

1.               To contribute to the scientific fixing the characteristics of the dogs belonging to the perro de presa canario breed;

 

2.               To take part in improving and consolidating the phenotype traits, the watch and defense features of the perro de presa canario dogs;

 

3.             To advise the association’s members on matters like raising, breeding and taking care of the perro de presa canario dogs and on all matters related to dogs in general;

 

4.               To organize presentations, shows and beauty or skills competitions;

 

5.               To regulate the scientific raising and breeding of the presa canario dog breeds;

 

6.               To present a detailed annual calendar with all the beauty shows and the selections exams;

 

7.               To elaborate (based on the decision of the general meeting of shareholders) the breeding, selection, show and arbitration regulations;

 

8.                 To perform tasks of education, awareness and information for its members and for the public, with a focus on helping the next generation to find out more and see the true value of this breed, to learn the responsibility, understanding, tolerance and attachment for the canine specimens;

 

9.                    To establish collaborative relationships with other associations or clubs with canine or other profile;

 

10.               To involve in attracting external funds to carry out the association’s work;

11.               To publish and broadcast promotional, awareness and educating materials on cynology;

 

12.                 To stimulate the members activity by granting prizes, awards and honorary titles;

 

 

CHAPTER III – THE ASSOCIATION’S ASSETS
 

 

Art. 1.At the moment of its founding, the association’s registered share capital is 200 lei(RON), subscribed and paid up in full by the founding members, in the following proportion:

 

 

DUMITRU DANIEL - subscribes and pays up 100 lei(RON), representing 50% of the share capital

 

STANICA FLORIN -ION - subscribes and pays up 50 lei(RON), representing 25% of the share capital.

 

COTELICI-VOICULESCU DANIEL – subscribes and pays up 50 lei(RON), representing 25% of the share capital;

 

Par. (2)
According to the laws in force, i.e. 46-48 of the OG 26/2000, the revenue of the association shall come from:

a). The members contributions;

b). The interest charges and the dividends resulting from investing the available amounts according to the law;

c). Heritages from Romania or abroad;

d). Dividends of the trading companies founded by the association pursuing the legal provisions.

e). Income coming from commercial activities in accordance with the core business of the association;

f). Donations, sponsorship deals or heritages from natural or legal persons from Romania or abroad;

g). Funding through the State and/or local budget; h). Advertising revenue;

I). New financial contributions from the founding members or from the new members; j). Other income sources permitted by the Romanian legislation in force.

 

Par. (3) The association can accept donations and assets coming from wills only if these are free of encumbrances and easements and affected for purposes in accordance with the main objectives of the association.

The president or the person authorized to act on his behalf pursuing to the applicable law, to this statute and to the internal procedures shall accept the donations, the wills and the sponsorship on behalf of the association. The president has the right to refuse the gifts that go

against the aim of the association or that, by their imposed conditions, become more onerous for the association. In the case of the Conditional Gift Agreement, the association shall provide the grantor a report revealing how the granted assets have been used.

 

Par. (4) The funding referred to at par.(2) of this article is realized based on contracts, partnership agreements, other legal forms&legal documents, signed by the president of the association, Mr. Dumitru Daniel or by the person appointed to act on his behalf in accordance with the applicable law, with this statute and with the internal procedures of the board of directors.

 

 

 

 

CHAPTER IV – ACQUIRING AND LOSS OF THE LEGAL STATUS OF ASSOCIATE
RIGHTS AND OBLIGATIONS OF THE ASSOCIATES

 

 

Art.1. Acquiring and loss of the legal status of associate

 

 

Par. (1) The association is open for all natural and legal persons whose professional activity is related to the objectives for which this association was established. Membership of this association is personal and inalienable non-transferable to another person, regardless of nationality, ethnicity or degree of kinship. All the natural persons, regional or local clubs, apolitical and non-confessional associations, with or without legal personality, can become associates if they provide proof of payment of the annual fee inherent and is/are the owner(s) of a perro presa canario dog exemplary, with type A pedigree certificate.

 

Par. (2) In this respect, the petitioner shall submit an application requiring to become associate with a right to vote within the association and also certified copies of the documents proving that the membership application requirements are met. The documents shall be submitted at the registered office of the association, either personally or through a proxy with a certified power of attorney, or by a registered letter with acknowledgment of receipt.

 

Par. (3) The board of directors will consider the documents after submission, during the next meetings. The board will decide favorably on the request, through a decision applied on the membership application, signed by all the members of the board. No reasoning of the decision or communication to the applicant is necessary.

 

 

 

 

 

Par. (4) If the membership application is admitted, the applicant will be called for a

meeting at the registered office of the association, by a registered letter with acknowledgment of receipt, within 30 days after the submission of the application, in order to be handed over

a copy of the Articles of Association, of the Statute, the membership card and the competitions calendar.

 

Par.(5) If the applicant does not appear at the office of the association, personally or by an authorized proxy, within the period of time settled at the meeting and does not inform the members of the board, the application will be considered rejected without a resolution, reasoning, signing or informing the applicant.

 

Par.(6) The membership application is considered rejected, no new decision, reasoning, signing and informing being necessary if the applicant is not called for a meeting at the office  of the association by a registered letter with acknowledgment of receipt within 30 days from its submission.

 

Par.(7) The board of directors/ the general meeting can backtrack anytime the decision of rejection after the expiry of the 30 days and decide to call for a meeting the applicant.

 

Par.(8) The applicant that does not comply with the conditions necessary for membership can become a member sympathizer, with no right to vote, if he answers to the notice of meeting before the board of directors meeting and appears at the office of the association within the convocation term.

 

Par.(9) If the membership application is rejected, the registration fee will not be returned and the annual fee inherent will be returned only at the applicant s written request, submitted personally or by appointed proxy or by a registered letter with acknowledgment of receipt.

 

 

Art.2.      Rights and obligations of the members
 

Par.(1) The members with a right to vote have the following rights:

 

 

1.  To exercise the right to vote at the general, ordinary or extraordinary meeting of the associates according to their beliefs and interests and in accordance with the objectives of the association;

2.  To take part in all the activities of the association according to its objectives;

3.    To benefit from the Pedigree Certificates acquiring procedure, certificates issued by the Romanian Pedigree Register, through the association;

4 To be granted free access to information and to the material assets of the association, but only on condition that the mentioned support should be used in line with the objectives mentioned by this statute;

5.  To take part in the veterinary health related activities organized by the association;

6.  To organize training and specializing stages;

7.  The right to elect and to be elected (in) the management positions of the associations;

8.    The right to appeal against any decision of the general meeting and of the board of directors if this is contrary to the law, to the Articles of Association, to the provisions of this Statute or to the internal regulations approved by the general meeting;

9.    The obligation to comply with the Articles of Association, with the provisions of this Statute or to the internal regulations approved by the general meeting;

10.  The obligation to send a written notice, a registered letter with acknowledgment of receipt, or personally at the registered office of the association, about any change of the domicile/registered office, under the sanction of not taking them into consideration and of considering as legally complied any procedure of announcing decisions, summons, and other documents of the association.

11.  To not engage into acts, deeds or actions which, by their nature, can affect the prestige of the association;

12.  To contribute personally, with material or financial means, other that the annual fee, pursuing to the decision of the general meeting/board of directors, to achieving the objectives of the association;

13.  To pay the membership fee in the first 60 calendar days of the year.

 

 

CHAPTER V. THE ATTRIBUTIONS OF THE ASSOCIATION GOVERNING, MANAGEMENT AND CONTROL BODY
 

Art. (1)  The governing bodies of the association are: a). The General Assembly

b). The Management Board

 

Par. (1) The General Assembly is the management body, formed by all the associates.

The General Assembly will meet once a year and has a right of permanent control.

 

Par. (2) The attributions of the General Assembly are the following: a). setting the strategy and the general objectives of the association;

b). checking and approving the income and expenditure budget on the basis of the balance sheet;

 

c). electing and revoking the board of directors members and the auditor;

 

d) setting the attributions of the members of the board of directors, pursuing to the legal provisions;

e). modifying the Articles of Association and the Statute

 

f). winding up and liquidation of the association ;disposing of the assets of the association in the event of such a dissolution;

 

g). establishing branches/subsidiaries;

 

h). decides the cancellation of the board of directors resolutions and the approval, the amending or the dissolution of the internal regulations issued by the board of directors and by the auditor.

 

I). decides the discharge of the board of directors and the discharge of the auditor;

 

Par. (3) The General Assembly can be ordinary and extraordinary and is convened by the President of the Board of directors with at least 15 days before the day in question.

 

The ordinary General Assembly is convened annually, in the first three months of the calendar year.

 

The notice of convocation will specify the coordinates of the meeting, the agenda items and the texts of any motion regarding possible amendments of the Articles of Association/ Statute.

 

Par. (4) The General Assembly meeting are chaired by the President of the Board of directors.

 

Par. (5) The General Assembly meetings are legally held when the presence of half plus one of the associates is ensured. If the minimum number of members is not present, the President will call another meeting of The General Assembly. This new meeting can take decisions legally, irrespective of the number of the present members.

 

Par. (6) The session proceedings are chaired by the President or, in his absence, by any of the present members. The Assembly passes its resolutions by a simple majority of votes of the associates, present in person or by an appointed person.

 

Par. (7) The associate who has a personal interest in a certain issue subject to the approval of the Governing Board, or whose spouse, ascendants or descendants or extended family could have a personal interest in, will not be permitted to deliberate or to vote. In the event of a  breach of these provisions, that associate is responsible for the damage caused to the  association if without that associate‘ s vote the resolution can not be passed.

 

Par. (8) The winding up and the liquidation of the association occurs in the case mentioned at Art(2) and the liquidator will be appointed by court order.

In the case of dissolving under the conditions of the Art. 4, the liquidators will be appointed by the General Assembly, under the sanction of the lack of legal effect of the

winding up decision.

In any case, the term of office of the Board of directors shall cease, once the liquidators are appointed.

Par. (9) The liquidators can be natural or legal persons. The permanent representatives- natural persons of the liquidating legal person- shall be authorized liquidators, according to the law.

Par. (10) Immediately upon their entry into service, the liquidators will do full inventory and will observe the situation of the assets and of the liabilities. The liquidators shall receive

and keep the accounting records and any other documents of the association. They shall also keep a register with all the operations of winding up/liquidation in chronological order. The liquidators carry out their mandate under the supervision the auditors.

 

Par. (11) The liquidators shall continue the pending legal operations, shall continue to collect debts, to pay the lenders and, if the cash is insufficient, to change the financial assets assets into cash, selling by public auction the movable and immovable assets.

The liquidators can carry out only those new operations that are necessary for the completion of the pending ones.

 

Par. (12) The amount due to the known lender who refuses to receive the payment of the claim is recorded in the lender’s account. If the payment of the claim cannot be made immediately or if the claim is challenged, the winding up process is considered complete only after the creditors are effectively guaranteed.

 

Par. (13) In any case, the liquidators can complete the operations or submit the financial data to the authorized entities only after the expiry of a 6 months term from the publication of the winding up and liquidation notice of the association. The liquidators shall be jointly and severally liable for the damage caused to the creditors through a fault of their own. In relation to the association and to the associates, the liquidators are subject to the rules of their mandate. Once the winding up operation is completed, the liquidators shall submit, within 2 months,

the journal, the inventory ledger and a memorandum declaring the winding up proceedings to the Register of Associations& Foundations based at the court of competent jurisdiction.

The liquidators shall comply with all the procedures for publishing the winding up notice and the deregistration of the association.

 

Par. (14) The publication of the decision of winding up shall appear at the entrance of the court where the legal person has its registered office, within 2 months from the completion of the proceedings.

If, within 30 clear days since the balance sheet was submitted no challenge is registered, the balance sheet is considered definitively approved and the liquidators, with the court authorization, the liquidators shall remit to the legitimate entities the assets and the amounts left after the winding up, along with all the registers, all the documents of the association and with the winding up documents. All these proceeding completed, the liquidators can be discharged and will receive, for this purpose, a respective certificate.

 

Par. (15) Any interested person can submit an appeal regarding the liquidators balance sheet

at the court where the liquidated legal person has its registered office. All the complaints shall be resolved in one and the same judgment. The sentence is enforceable and subject only to appeal.

 

Par.(16) Once the winding up completed, the liquidators shall request the deregistration of the association from the Register of Associations and Foundations. The deregistration is done on the basis of the certificate issued according to the art. 13, par. 2, proving that the

liquidators were released from their contractual obligations.

 

 

CHAPTER V – FINAL PROVISIONS
 

 

Art. 1. The association will be granted legal personality at the date of the definitive  decision of the court. The definitive decision shall be published in the Official Journal of Romania. The association shall register at the local Public Finance Administration office, in the district where the registered office is located.

 

The association can open bank accounts at any Bank, in lei(RON) or in other currency pursuing to Romanian laws and observing the currency regime in Romania.

 

The stipulations of this Statute are completed by the provisions regarding the associations in the Governmental Ordinance OG no. 26/2000 on the associations and foundations.

 

 

Drawn up today, at the legal day of the agreement, in 5(five) copies, of which 4(four) copies have been issued to the parties.

 

 

 

We attach below the statute that we encourage you to read and fully understand.

STATUTE - EUPPCC