S T A T U T E
in the wording of the supplement No. 1 from the 13th December 2007
and the supplement No. 2 from the 26th February 2011
Nove Zamky 2011
Statute
of the civic association Nobilitas Carpathiae
(written by Dr. Nicholas of Praznovszky, PhD.)
(translated by Dr. Nicholas of Praznovszky, PhD.)
We, the descendants of noblemen of the
former
Mag. Stefan Karol DOMONKOS, date of birth: 21.11.1936, domicile: Lipova 30, SK-921 01 Piestany,
RNDr. Eva DOMONKOSOVA, original surname: Kmentova, date of birth: 6.2.1963, domicile: Lipova 30, SK-921 01 Piestany,
Ferenc ERDÖDY, date of birth: 28.12.1944, domicile: Rubanisko II. 429/67, SK-984 03 Lucenec,
Bozena ERDÖDY, original surname: Figova, date of birth: 7.6.1947, domicile: Rubanisko II. 429/67, SK-984 03 Lucenec,
Xaver Ferenc ERDÖDY, date of birth: 19.10.1975, domicile: Za skolkou 9, SK-951 01 Nitrianske Hrnciarovce,
Mgr. Matej KASANICKY, date
of birth: 29.12.1980, domicile: Furdekova 7/A, SK-851 04
JUDr. Ing. Mikulas PRAZNOVSZKY, PhD., date of birth: 11.5.1949, domicile: Bocna 26, SK-940 71 Nove Zamky,
MUDr. Zuzana PRAZNOVSZKA, original surname: Ölveczka, date of birth: 25.2.1952, domicile: Bocna 26, SK-940 71 Nove Zamky,
Bc. Mikulas PRAZNOVSZKY, date of birth: 2.8.1981, domicile: Bocna 26, SK-940 71 Nove Zamky and
Mgr. Eva PRAZNOVSZKY, date of birth: 25.7.1982, domicile: Bocna 26, SK-940 71 Nove Zamky,
(hereinafter referred to as „establisher“)
outgoing from the historical inheritance of our ancestors,
declaring the will to maintain the cultural, moral and ethical values of our nation,
decided to obey the constitutional principles of the
determined to contribute to the European integration,
asserting the principles of the modern concept of the human rights and basic freedoms,
in spirit of our Christian traditions,
at the suggestion of Mr. Ferenc Erdödy from Lucenec,
have
a g r e e d :
on the following:
PART ONE
BASIC PROVISIONS
Article 1
Name and seat
1) Hereby the civic association called
Nobilitas Carpathiae
shall be founded (hereinafter referred to as „the association„).
2) The association shall be a legal entity.
3) The
seat of the association shall be at the address: Bocna 26,
SK-940 71 Nove Zamky,
PART TWO
ACTIVITY OF THE ASSOCIATION
Article 2
General provisions
1) The association operates under the Act No. 83/1993 Coll. on association of citizens (Association Act) in the wording of later regulations.
2) The association shall not
a) exercise enterprise activity1),
b) invest his property2) and
c) emit and acquire securities. 3).
3) In order to exercise his activity and manage its property the association shall be entitled to conclude civil contracts.
Article 3
Objectives of the association
1) The objectives of the association shall be through a wide support of the public
a) to unite the descendants of noblemen of the former Kingdom of Hungary living in the Slovak Republic,
b) to reach a social recognition of values represented the nobility in the past, which are compatible with the present principles of a democratic constitutional state,
c) to reach an economic and social equality of all citizens without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, affiliation to a national minority, property, birth or other status,
d) to renew the neglected cultural and historical inheritance of previous generations,
e) to keep the inheritance of historical families which have contributed to the advancement of our native country with a significant rate,
f) to keep and to develop contacts between the members of the family living at home and abroad.
2) The objectives of the association shall not be to weaken or to injure the constitutional principles of the Slovak Republic, above all to
a) change the territorial settlement or the constitutional order,
b) deny or restrict the rights of citizens because of her sex, race, skin colour, language, religion, political or other opinion, national or social origin, affiliation to a national minority, property, birth or other status,
c) incite hatred and intolerance for these reasons,
d) support of violence or
e) violate the Constitution of the Slovak Republic in other ways.
Article 4
Object of the activity
1) The object of the activity of the association shall primarily consist of the
a) education and clarification activity with the aim to involve the citizens in the activity of the association,
b) initiation and maintenance of a public discussion about the objectives of the association,
c) formation of the public opinion about the objectives of the association,
d) Acquisition of a wide support for the change of necessary laws,
e) inclusion of the objectives of the association in the programmes of the political parties,
f) methodical and advice-giving activity in the area of the history, archive studies, heraldry and genealogy, as well as technical help with this activity,
g) search and documentation of the social, cultural and historical values about the life of the nobility,
h) active professional and financial support of the restoration of neglected historical monuments,
i) protection of the environment, above all in the immediate surroundings of the former important monuments,
j) charitable activity, in particular of the 4)
1. protection and support of the health,
2. support of the sport of the children, youngster and handicapped persons and
3. maintenance of cultural values,
k) care for the education of youngsters in spirit of the objectives of the association.
2) The object of the association activity shall not consist of the reaching of his objectives in the way being in contradiction to the constitution, constitutional laws, laws and other generally binding regulations.
3) In order to achieve its objectives, the association shall be entitled to employ individual persons (employees) within the scope of an employer-employee relationship. The relations between the association and the employee shall be regulated by a special Act 5)
Article 5
Method of the activity
In order to achieve its objectives, the association shall primarily use the following methods:
a) the personal example of the association members in their private life as well as in public,
b) the search and analysis of important facts concerning the object of the activity of the association,
c) the cooperation of the association with individual persons (hereinafter referred to as “the individuals”), legal entities, state authorities, bodies of the territorial self-government and other associations of the civil right,
d) the spreading of the objectives of the association and the results of his activity by direct contact with the citizens and by means of mass communication means,
e) the education in spirit of the association objectives,
f) the advertisement and
g) the lobby.
PART THREE
SYMBOLS OF THE ASSOCIATION
Section one
General provisions
Article 6
Structure of symbols
1) The association shall have the right to its own symbols.
2) The symbols of the association shall be the:
a) coat of arms of the association,
b) flag of the association,
c) seal of the association and
d) seal of the palatine.
3) The association shall submit to the Ministry of Interior of the Slovak Republic (hereinafter referred to as the „Ministry”) application for registration of symbols of the association into the heraldic register of the Slovak Republic.
Section two
Interpretation of symbols
Article 7
The coat of arms of the association
1) The coat of arms of the association consists a quartered shield. In its first and fourth field there is a silver double cross on red base placed on the middle heap of three green hills; in its second and third field there is a golden Holly Crown of the former Kingdom of Hungary on orange base (hereinafter referred to as „the shield“). On the top of the shield there is a sun rising behind the three green hills. Two floating, white-dressed angels are the shield holders. Below the shield there is a silver tape with a black inscription „Nobilitas Carpathiae Societas Civilis“*) (hereinafter referred to as „the coat of arms“).
2) The coat of arms can be interpreted in colour, in shades of grey or drawn. On documents of basic meaning the coat of arms can also be carried out as a relief in the colour of the document.
3) Examples for the interpretation of the coat of arms are shown in Figure No. 1.
Picture No. 1: Examples for the interpretation of the coat of arms
Article 8
The flag of the association
1) The flag of the association shall consist of a white base with the coat of arms in coloured illustration in her centre. The relation of the flag sides is 2 : 3 (hereinafter referred to as „the flag“).
2) The flag is shown in picture No. 2.
Picture No. 2: The flag of the association
Article 9
The seal of the association
1) The seal of the association shall
be round-shaped and has a diameter of
2) The seal is shown in picture No. 3.
Picture No. 3: The seal of the association
Article 10
The seal of the palatine
1) The
seal of the palatine shall be round-shaped and has a diameter of
2) In the centre of the seal the
family coat of arms of the
3) An example for the seal of the palatine is shown in picture No. 4.
Picture No. 4: Example for the seal of the palatine
Section three
Use of symbols
Article 11
Basic provisions
1) The association may use its symbols only according to this statute. The provisions of generally binding legal regulations6) shall remain unaffected.
2) A third person shall be not entitled to use the symbols of the association.
Article 12
Use of the coat of arms
1) The association shall identify with its coat of arms the
a) building of the association,
b) office of association bodies,
c) conference room of association bodies.
2) In addition, the association shall identify with its coat of arms
a) internal regulations of the association,
b) documents remitted by the association which contain decisions of association bodies or by which important facts are certified,
c) documents used by statutory bodies of the association in official intercourse with third persons,
d) publications used by members of statutory bodies of the association in the social intercourse.
Article 13
Use of the flag
The association shall use its flag
a) at meetings of the noble assembly,
b) on ceremonial acts of the association or its bodies.
Article 14
Use of the seal
1) The association shall use its seal as a stamp at signatures of members of statutory bodies, in particular on
a) internal legal regulations of the association,
b) decisions and other individual acts of association bodies,
c) written legal actions of statutory bodies of the association.
2) The stamp impression shall be red. It can be applied onto the document using a sealing-stick or by means of computer or printer technology.
3) If the association uses a sealing-stick, it shall be kept at the president of the association.
Article 15
Use of the seal of the palatine
1) The
2) The sealing stick of the seal of the palatine shall be kept at the palatine.
PART FOUR
FOUNDING, ORIGIN AND TERMINATION OF THE ASSOCIATION
Article 16
Founding of the association
1) The association shall be founded on the day when at least three citizens on the essential part of its Statute agree 7).
2) The association shall be founded for an indefinite period of time.
Article 17
Origin of the association
1) The association shall come into existence on the day of its registration into the Association’s Register of the Ministry according to a special act8).
2) If the decision of the Ministry on the refusal of the registration was not delivered to the competent representative of the preparatory committee within 40 days from the beginning of the registration process of the association, the association shall come into existence at the day following the expiry of that period; this day shall be the day of the registration 9).
Article 18
Termination of the association
1) The association shall terminate through a
a) decision of the noble assembly on its dissolution or fusion with another association or
b) final ruling of the Ministry on its dissolution.
2) At the termination of the association the settlement of its property is to carry out according to principles laid down in the seventh part of this statute.
3) Provisions of the special law shall apply adequately for the termination of the association.
PART FIVE
MEMBERSCHIP
Section one
Preconditions of the membership
Article 19
General provisions
1) The association shall have
a) ordinary members,
b) extraordinary members,
c) supporting members and
d) honorary members.
2) The association membership shall be voluntary. The highest number of association members shall not be limited.
3) Each person can be a member of the association that
a) is capable of acting,
b) agrees with the statute of the association,
c) wants to participate in the activity of the association,
d) has submitted a written application for admission,
e) has paid both registration and membership fee; this is not valid for an honorary member, and
f) has fulfilled the other preconditions for the creation of the membership according this statute.
4) The admission request of a person under age shall need a written approval of her legal representatives or those of the representative ordered by the court.
5) The registration fee shall be 20 € and shall be paid when submitting the admission request according to paragraph 2 letter e).
6) The membership fee shall be
a) 24 € per calendar year for an ordinary and extraordinary member and
b) 12 € per calendar year for a supported member
and shall be payable until 31 January of the current year.
7) The membership fee of a newly admitted member shall create the proportional part of contributions according to the previous paragraph and it shall be payable within one month from the date of the notification of the admission to an association member.
Article 20
Preconditions of the ordinary membership
1) Ordinary member can be each individual who is either
a) a direct male descendant,
b) a direct female descendant,
c) wife or
d) widow
of a nobleman of the former
2) The additional conditions of the ordinary membership shall be also:
a) the certification that the ancestor11) of the applicant for admission to an ordinary member in a direct
male line
was a nobleman of the former
b) the certification that the applicant for admission to an ordinary member is a descendant12) of the nobleman (Art. 20 par. 1),
c) reaching of the majority13),
d) approval of the noble assembly and
e) taking of the solemn vow.
3) The descendancy shall be judged under the law, which was effective at the time when the fact occurred, that is decisive for the descendancy (birth, adoption, acknowledgment of paternity, etc.)14).
4) The written application for admission to an ordinary member shall contain:
a) the first and surname of the individual and their academic degrees,
b) the noble family, whose descendant he/she is,
c) the date and place of birth,
d) the address of their permanent abode and, if no such exist, the temporary,
e) documents which certify the fulfilment of preconditions for admission to an ordinary member,
f) the curriculum vitae.
5) The founder shall become ordinary member of the association since the date of the registration of the association at the Ministry. However, the membership having been created in this way terminates, if the founder does not certify within six months, that he fulfils the preconditions of the ordinary membership [with the exception of Article 19 paragraph 3 letter e) and Article 20, letter d)]. Provisions of the paragraph 4 shall apply accordingly.
6) The ordinary member shall take into the hands of the presiding member of the association the following solemn vow:
„I vow on my honour and my conscience to obey the statute of the association, to dedicate all my knowledge and abilities for the benefit of the objectives of the association and to respect the moral and ethical principles of a nobleman in my civilian life.”
After reading these words the ordinary member shall say either „I vow, so help me God“ and shall raise thereby his right hand, or shall say only „I vow.”
7) The refusal to take the vow or to take it with reservation shall result that the registration into the register of ordinary members does not occur.
Article 21
Preconditions of the extraordinary membership
1) Extraordinary member can be each individual who
a) does not fulfil all preconditions of the ordinary membership, however
b) in the light of their extraordinary personal relations or merits for the benefit of the Association it is worthy to consider him/she as a full member.
2) The application for admission to an extraordinary member can be made by any ordinary member.
3) The admission to an extraordinary member shall require the approval of the noble assembly and taking the solemn vow.
Article 22
Preconditions of the supporting membership
1) Supporting member of the association can be each person who fulfils the general preconditions of the membership under Article 19 paragraph 3 letters a) to e).
2) The admission to a supporting member shall require the approval of the noble assembly.
Article 23
Preconditions of the honorary membership
1) Honorary member of the association can be that individual who has significantly proven to the development of the association.
2) The admission to an honorary member shall require the consent of the individual and the approval of the noble assembly.
Article 24
Register of members
The association shall keep a register of members, namely extra for ordinary, extraordinary, supporting and honorary members.
Section two
Origin, suspension and termination of the membership
Article 25
Origin of the membership
1) The certain types of the membership shall come into existence by registration into the definite members register (Art. 24). The registration shall be signed by the palatine and the president of the association.
2) The association shall hand over a written certification of registration to the member. The certificate shall be signed by the palatine and the president of the association.
Article 26
Suspension of the membership
1) If the association member was excluded by a ruling of the presidium, (Art. 27 Abs. 5 und 6), his/she’s membership shall be deemed to be suspended until the ruling becomes legal final.
2) The membership shall be suspended by the presidium if charges were brought against the member for an intentional crime that is punishable by imprisonment of at least five years.
3) The membership may be suspended by the presidium if the member is with the payment of the membership fee in default at least three months without having applied for a rate payment to the presidium.
4) An appeal is admissible against the ruling issued under paragraphs 1 and 3 within one month from the day of receipt of the written version of the ruling. The appeal shall be decided by the palatine.
5) The suspended member may not exercise his rights during the suspension.
Article 27
Termination of the membership
1) Membership in the association shall terminate by the
a) dissolution of the association or
b) deletion from the members register.
2) At the fusion of the association with another one the membership transit into the newly founded association, unless otherwise agreed in the legal act.
3) The member shall be deleted from the members register, if he/she
a) has notified his withdrawal from the association in writing,
b) was finally excluded or
c) died.
4) The membership shall terminate three months after the delivery of the written notice of the withdrawal.
5) The member shall be excluded by the presidium, if he/she was convicted by the court to imprisonment of at least two years without probation.
6) The member may be excluded by the presidium, when he was admonished in written at least once within the last twelve months for violation of the statute.
7) Against the ruling according paragraph 5 and 6 an appeal shall be admissible within one month from the delivery of the written version of the ruling. The appeal shall be decided by the palatine.
Section three
Rights and duties of members
Article 28
Rights of members
1) Each ordinary and extraordinary member shall have the right to
a) participate in the activities of the association,
b) take part in meetings of the noble assembly,
c) be informed about the activities of the association and the decisions of its bodies,
d) make motions for modifications and additions to the statute and other internal association rules,
e) make applications for the election of bodies and into the bodies,
f) choose the bodies of the association and to be selected into its bodies,
g) vote at meetings of the noble day assembly,
h) submit applications, to provide suggestions and to raise objections concerning the activities of the association,
i) contact with requests and complaints the bodies of the association and to get answers to them,
j) appeal against the decisions of the organs of the association.
2) After convening the noble assembly the extraordinary member shall have the right to renounce his/she’s right to vote at this meeting.
3) The supporting and honorary member shall have all rights according to paragraph 1) with the exception of those according to paragraph 1) letters f) and g).
Article 29
Duties of members
Each member shall have the duty to
a) follow the ethical and moral values that a nobleman are worthy,
b) respect the statute and other internal regulations of the association,
c) fulfil the resolutions of the bodies of the Association,
d) to participate at the fulfilment of the tasks imposed by the bodies of the Association,
e) when fulfil the duties, to respect the constitution, constitutional laws, laws and other generally binding legal regulations,
f) to pay the membership fees fixed by the bodies of the association; that is not the case at honorary members,
g) promptly but no later than within one month to notify in written all changes of data contained in the application for admission (Article 20 paragraph 4),
h) to protect and multiply the assets of the association.
PART SIX
BODIES OF THE ASSOCIATION
Section one
Structure of bodies
Article 30
General provisions
1) In order to exercise its activities, the association shall create executive and advisory bodies.
2) The commissions shall be advisory bodies.
3) The commissions may be created for an indefinite period of time (permanent commission) or for a definite period of time (temporary commission). A permanent commission can be created only by the statute, the temporary ones by decision of an executive association body. The commissions shall be subordinated to the organ which has created them.
4) In the interest of the economic efficiency and effectiveness it shall be possible to concentrate single bodies into a joint body, unless it is excluded by the statute.
5) The meetings of the association organs can be also held under use of the means of the telecommunication technology (e.g., phone, email or PC facilities for vocal communication). Besides, the duty to provide a protocol remains untouched.
6) The membership in a commission shall be incompatible with the membership in another commission or in an executive body of the association.
Article 31
Structure of executive bodies
1) The executive bodies of the association shall be as follows:
a) the preparatory committee,
b) the authorised representative of the preparatory committee,
c) the noble assembly,
d) the palatine and/or the vice palatine,
e) the presidium,
f) the president and the vice president,
g) the secretariat or the secretary,
h) the master of ceremony,
i) the economist or the accountant.
2) The association can establish regional organisations with a regional competence. The regional president shall be the head of the section who manages the activity of the regional organisation according to the statute and instructions of the association president.
3) Provisions concerning the bodies of the association shall apply accordingly for the bodies of regional organisations.
Article 32
Structure of commissions
The association shall have commissions as follows:
a) the control commission or the controller,
b) the commission of investigation and
c) the arbitration commission.
Section two
Executive bodies
Article 33
Preparatory committee
1) The preparatory committee shall be a temporary organ of the association having the following tasks:
a) the application for the registration of the association at the Ministry into the association register,15)
b) the preparation of the founding noble assembly and of the election of association bodies,
c) the management of the association activity until the presidiun is elected.
2) Following persons shall be the members of the preparatory committee:
a) Mag. Stefan Karol DOMONKOS, date of birth: 21.11.1936, domicile: Lipova 30, SK-921 01 Piestany,
b) Mr. Ferenc ERDÖDY, date of birth: 28.12.1944, domicile: Rubanisko II. 429/67, SK-984 03 Lucenec, and
c) JUDr. Ing. Mikulas PRAZNOVSZKY, PhD., date of birth: 11.5.1949, domicile: Bocna 26, SK-940 71 Nove Zamky.
3) The seat of the preparatory committee shall be at the address: Bocna 26, SK-940 71 Nove Zamky, Slovak Republic.
4) Provisions concerning the presidium shall apply accordingly for the preparatory committee.
5) The preparatory committee shall terminate with the election of the presidium.
Article 34
Authorised representative of the preparatory committee
1) The authorised representative of the preparatory committee (hereinafter referred to as „the representative“) acts on behalf of the association
a) in the period between the foundation and origin of the association and
b) after the origin of the association until the election of the president.
2) The representative makes the written legal action in the way that he adds his signature to the seal impression.
3) JUDr. Ing. Mikulas Praznovszky, PhD., date of birth: 11.5.1949, domicile: Bocna 26, SK-940 71 Nove Zamky, is the representative.
4) Provisions concerning the president shall apply accordingly for the representative.
5) The function of the representative shall terminate with the election of the president.
Article 35
Noble assembly
1) The noble assembly shall be the supreme executive and decision-making body of the association. It shall consist of all ordinary and extraordinary members of the association.
2) The following tasks shall belong to the competence of the noble assembly:
a) approval of the statute and other association-internal regulations as well as its modifications and supplements,
b) adoption of rulings on the structure of the association bodies,
c) election and removal of the palatine, or the vice palatine after a previous consultation with the head of the former ruling dynasty,
d) election and removal of members of other bodies of the association,
e) submission of applications to the palatine to issue documents which record the registration into the definite members register,
f) recognition of rights and imposition of duties concerning the activity of the association,
g) approval of the work plan and budget for the following time-period,
h) approval of the accounts and annual report on the activity of the association for the past time-period,
i) adoption of resolutions on the amount of the registration fee, of ordinary annual contributions and extraordinary contributions,
j) adoption of resolutions on the dissolution of the association or its fusion with another association.
3) The convening of the noble assembly shall occur by the presidium according to the need, however, at least once a year, namely four weeks before the date of the noble assembly under notification of the time and place of its holding and of its program. The noble assembly shall also be convened if required by the association’s interest or if the convening is requested by at least 10 % of members entitled to vote (i. e. of ordinary and extraordinary members) in writing under specifying of reasons.
4) The noble assembly shall have a quorum if a simple majority of members entitled to vote is present.
5) The palatine or a presidium member commissioned by him shall preside over the meeting of the noble assembly.
6) The rulings of the noble assembly shall be taken by a simple majority of members entitled to vote, with the exception of:
a) resolutions on the statute and its amendments and additions,
b) election of the palatine or vice palatine and
c) abolition of the association,
which require two thirds of all votes cast..
7) The following persons shall be entitled to vote at the meeting of the noble assembly:
a) the members present directly and
b) the absent members, who have excused their absence in time and for serious reasons, indirectly, in writing or by use of means of the telecommunication technology (e. g. telephone, fax, e-mail, computer facilities to vocal communication, etc.), namely within three days from the announcement of the object of the voting; this is not valid for the voting which needs a majority of two thirds of the voices.
8) The protocol about the meeting of the noble assembly and the document which contains the object of the voting according to paragraph 7 letter b) shall be signed by the presiding member and by the secretary.
Article 36
Palatine and vice palatine
1) The palatine (palatinus regni) shall be the highest standing association member and, at the same time, the head of the association. He shall act for the good of the association in accordance with his conscience and his convictions and shall be bound only by the statute.
2) The palatine shall
a) represent the head of the former ruling dynasty in relation to the association,
b) ascertain the regular activity of the Association and its bodies by the weight of his personality,
c) exercise the supervision over the observance of the statute,
d) represent the association
1. at solemn ceremonies and other important events,
e) preside over the meeting of the noble assembly, if he has not commissioned a presidium member with it,
f) hold the opening and closing speech at the meetings of the noble assembly,
g) issue documents of fundamental importance at the request of the noble assembly, e. g.
1. certificates of registration in a definite members register [Article 25 paragraph 2]
2. awards,
3. letters of thanks,
4. commendation letters and testimonial letters etc.
h) make to the head of the former ruling dynasty applications for elevations in the nobility (ennoblements) or in a higher noble rank.
3) The palatine shall be the only authority entitled to decide upon disputes resulting from the statute between the association and its member as well as among the members (arbitrator). The arbitration commission shall be his advisory body. In order to exercise his activity the palatine can commission a deputy arbitrator chosen from ordinary association members (vice arbitrator).
4) The palatine shall be elected by the noble assembly after a previous consultation with the head of the former ruling dynasty for the term of office of 5 years.
5) Every ordinary association member can be elected palatine, who
a) both among the association members as well as in the civil life is an honoured personality,
b) in the time of the election has completed his 40th year.
6) After his/she’s election the palatine shall take the following solemn vow into the hands of the presiding member of the association:
„I vow on my honour and my conscience, to exercise faithfully my duties for the benefit of the association according to my conscience and my convictions and in the spirit of the noble traditions.”
After reading these words the palatine shall say either „I vow, so help me God“ and shall raise thereby his right hand, or shall say only „I vow.”
7) The refusal to take the vow or to take it with reservation shall result in invalidity of the election of the palatine.
8) In exercising his office the palatine can be deputized by the vice palatine. Provisions concerning the palatine shall apply accordingly for the vice palatine.
Article 37
Presidium
1) The presidium shall be an executive body of the association which shall be responsible for its activity to the noble assembly. The presidium shall direct and ensure the activity of the association in the period between the noble assemblies.
2) The presidium shall consist of no more than three members and shall be elected by the noble assembly for the term of office of three years.
3) All tasks which are not expressly reserved to the noble assembly by this statute shall belong to the competence of the presidium.
4) The presidium shall have the following competencies:
a) convention and preparation of the meeting of the noble assembly with regard to its content,
b) elaboration of the work plan, the report on the activity, of the budget proposals and the report on the economic activity of the association,
c) recognition of rights and imposition of duties of association members, which are in connection with his activity, namely in accordance with the statute or resolution of the noble assembly,
d) submission of applications to the noble assembly concerning the association membership,
e) keeping the members register,
f) decision making on the abolition of the association or its fusion with another association if the noble assembly do not meet within three months after he was convened [Art 35 paragraph 2, letter j]),
g) reporting to the noble assembly on its activities,
h) appointment of a liquidator in case of expiry of the association in accordance with Article 18, paragraph 1, letter a).
5) The presidium shall hold its meetings at least once in two months. The meeting of the presidium shall be convened and presided by the president or the vice president. The presidium shall have a quorum if more than the half of his members is present at its meeting. The presidium shall decide with an easy majority of votes in which at equality of votes is decisive that of the president and in his absence that of the vice president.
6) The meeting of the presidium of directors can be also held under use of the means of the telecommunication technology (e. g., phone, fax, email, computer facilities for vocal communication etc.). Provisions of Article 35, paragraph 7, point b) concerning the voting of absent members shall apply accordingly.
7) The minutes of the meeting of the presidium shall be signed by all involved presidium members.
8) The presidium can create a secretariat for the exercise of his activity.
Article 38
President and vice president
1) The President of the association (hereinafter referred to as “the president”) shall be the statutory body of the association; he shall direct its activity, act on its behalf and represent it to the outside.
2) The president shall be elected by the noble assembly for a term of office of three years. The president shall be a presidium member at the same time.
3) The president shall make legal acts on behalf of the association independently. He shall make written legal acts in the way that he adds his signature to the seal impression.
4) The president shall
a) convene and lead the meeting of the presidium,
b) be responsible for the activities of the presidium in front of the noble assembly,
c) co-sign certificates of fundamental importance issued by the palatine [Art 36 paragraph 2 letter g)].
5) In exercising his office, the president shall be deputized by the vice president. Provisions concerning the president shall apply accordingly for the vice president.
Article 39
Secretariat, secretary
1) The secretariat shall realise the administrative activity of the association. It is an auxiliary body of the presidium.
2) The secretariat shall have at most three members and they are appointed by the presidium.
3) If the secretariat has only one member, the person exercising this office shall be called secretary. Regulations concerning the secretariat shall apply accordingly for its activity.
Article 40
Master of ceremony
The master of ceremony shall exercise his office at
a) meetings with constitutional office holders, members of diplomatic missions, representatives of foreign delegations, and other renowned personalities of the political, cultural and social life, where the principles of diplomatic protocol shall apply accordingly.
b) solemn ceremonies in accordance with special internal regulations of the association.
Article 41
Economist, accountant
1) The economist shall manage the movable, immobile and financial property of the association entrusted to him according to instructions of the presidium. The economist shall not be competent to acquire or to sell property in the name of the association. Regulations of a special act 16) shall apply accordingly for the responsibility for the entrusted property.
2) The economist shall make the bookkeeping under a special act.17)
Section three
Commissions
Article 42
Control commission, controller
1) The control commission shall be an advisory body of the noble assembly and of the presidium.
2) The control commission shall
a) exercise control upon the observance of generally binding regulations that relate to the activity of the association and its members,
b) exercise control upon the observance of the statute and internal regulations of the association,
c) exercise control upon the economic activity of the association,
d) inform the competent body of the association of deficiencies identified,
e) submit applications for solutions for remedying of deficiencies.
3) The control commission shall exercise its activity constantly. It shall submit report on its activity to the noble assembly and, in the period between meetings of the noble assembly, to the presidium.
4) The control commission shall have at most three members. The chairman of the commission and other commission members shall be elected by the noble assembly for a term of office of three years.
5) If the control commission has only one member, the person exercising this office is called controller. Provisions concerning the control commission shall apply accordingly for the activity of the control commission.
Article 43
Commission of investigation
1) The commission of investigation shall be an advisory organ of the noble assembly and of the presidium.
2) The commission of investigation shall
a) submit to the noble assembly or the presidium its opinion about the fulfilment of terms of the admission to the association member,
b) make applications to the presidium for the registration of members into the definite members register,
c) cooperate with the presidium in the period between meetings of the noble assembly.
3) The commission of investigation shall have at most three members. The chairman of the commission and other commission members shall be elected by the noble assembly for a term of office of three years.
Article 44
Arbitration commission
1) The arbitration commission shall be an advisory body of the noble assembly and of the presidium.
2) The arbitrary commission shall
a) submit to the bodies of the association its observations to applications, suggestions, objections and complaints inlaid by the members (article 28 paragraph 1),
b) elaborate directives for the decision on the fulfilment of admission preconditions to an association member.
3) The arbitration commission shall have at most three members. The chairman of the commission and other commission members shall be elected by the noble assembly for a term of office of three years.
PART SEVEN
THE ECONOMIC MANAGEMENT OF THE ASSOCIATION
Article 45
General provisions
1) The association shall manage its economic activity on the basis of an approved budget. The presidium is responsible for the well-arranged economic management of the association.
2) The association shall manage its movable, immovable and financial property.
3) In order to manage its financial property the association shall open an account.
4) The capital of the association can be used only for purposes for which it was made available to the association. Means made available to the association without a concrete purpose can be used only for purposes which are in connection with the object of the association activity.
Article 46
Capital
1) The capital of the association shall consist of its own and borrowed capital.
2) The following shall belong to the own capital:
a) the registration fee (article 19 paragraph. 5),
b) the membership fee (article 19 paragraph 6),
c) extraordinary financial contributions of the association members determined by the bodies of the association
d) donations and contributions of members and
e) yields from the association’s property.18)
3) Especially the following shall belong to the borrowed capital:
a) grants from the (donations) from the state budget,19)
b) the share of the tax paid up to an extent of 2 %,20)
c) financial contributions of individuals and legal entities,
d) contract-based donations,21)
e) public collections and yields from education and social events,
f) bank loans,22)
g) loans from non-banking financial institutions,23)
h) fulfilments from insurance contracts.24)
4) The travel costs, lodging costs and food costs concerning the meetings of the association bodies covered from own means of the association members shall not belong to the association capital.
Article 47
Settlement of the property
1) At the termination of the association according to article 18 paragraph 1 letter a) the settlement of its property shall be carried out by the liquidator appointed by the presidium [article 37 paragraph 4 letter h)].
2) The proportional part of the membership fee for the current calendar year shall be paid back to the member whose membership terminated. The registration fee shall not be paid back.
3) If the membership terminates through the death of the member, the proportional part of his/her membership fee shall be paid back to his heirs. If there are no heirs, or they are unknown, the proportional part shall retain by the association.
4) After the association terminated, the financial means having been made available for a certain purpose shall be paid back to that person who have made them available to the association. The remaining funds shall be distributed among the members in the ratio in which they have been made available by them to the association.
5) After the association terminated according to article 18 paragraph 2 letter b), the settlement of the association’s property shall be realised by the liquidator appointed by the Ministry. 26)
PART EIGHT
FINAL PROVISIONS
Article 48
General provisions
Provisions of generally binding legal regulations shall apply for relations between the association and its members.
Article 49
Validity and entry into force
1) The statute shall become valid and shall come into force on the day of registration of the association at the Ministry.27)
2) The amendments to the Statute shall become valid and shall come into force on the day when they are taken in knowledge by the Ministry. 28)
3) We, the founders of this association, hereby declare that we have read the statute, have understood its content, agree with its content, and that’s why we sign it voluntarily and seriously own-handed without changes and supplements.
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Piestany, 20th August 2007
1) § 2 paragraph 2 of the Commercial Code, Act. No. 513/1991 Coll.
2) E. g. Act No. 594/2003 Coll. on the Collective Investment.
3) E. g. Act No. 191/1950 Coll. on Bills and Checks; Act No. 566/2001 Coll. on Securities and Investition Services.
4) § 50 paragraph 5 of the Act No. 595/2003 Coll. on Income Tax.
5) Act No. 311/2001 Coll. (Labor Code).
*) In english: Nobilitas Carpathiae, civic association
6) E. g. Act No.
63/1993 Coll. on the state symbols of the
7) § 6 paragraph 2 of the Act No. 83/1993 Coll. on Association of citizens (Civic Association Act).
8) § 9 paragraph 1 of the Act No. 83/1993 Coll. on Association of citizens (Civic Association Act).
9) § 8 paragraph 5 of the Act No. 83/1993 Coll. on Association of citizens (Civic Association Act).
11) § 68 of the Act No. 36/2005 Coll. (Family Act)
12) § 68 of the Act No. 36/2005 Coll. (Family Act)
13) § 8 paragraph 2 of the Act No. 40/1964 Zb. Coll. (Civil Code)
14) E. g. the hungarian common law; Act No. 265/1949 Coll. on the Family Right (Family Act), Act No. 94/1963 Coll.. (Family Act), Act No. 36/2005 Coll.
15) § 6 paragraph 2 of the Act No. 83/1993 Coll. on Association of citizens (Association of citizens Act).
16) Achter Teil des ArbeitsActes, Act No. 311/2001 Coll.
17) BuchhaltungsAct, Act No. 431/2002 Coll. on Bookkeeping.
18) E. g. § 3 paragraph 1 and § 37 paragraph 2 of the Act No. 483/2001 Coll. on Banks; Act No. 600/1992 Coll. on Securities; Act No. 594/2003 Coll. on the Collective Investment.
19) § 8 paragraph 2 des Act No. 523/2004 Coll. on the Regulation of the Self-administration Budget.
20) § 50 paragraph 1 des Act No. 595/2003 Coll. on Income Tax.
21) § 23 paragraph 1 Buchstabe a) des Act No. 523/2004 Coll. on the Regulation of the Self-administration Budget.
22) Act No. 483/2001 Coll. on Banks.
23) § 657 and 658 of the Act No. 40/1964 Coll. Civil Code.
24) E. g. Act No. 95/2002 Coll. on Insurance; Act No. 381/2001 Coll. on Automobile Liability Insurance.
26) § 13 paragraph 3 of the Act No. 83/1990 Coll. on association of citizens (Civic Association Act).
27) § 9 paragraph 1 des Act No. 83/1990 Coll. on association of citizens (Civic Association Act).
28) § 11 paragraph 3 des Act No. 83/1990 Coll. on association of citizens (Civic Association Act).