Article 1 - Naming of the association
We, the participating active members declare to abide by the following statutes and to found an association under the law of July 1, 1901 (French law) and the ordinance of August 16, 1901, denominated: Organization for Free Software in Education and Teaching.
Article 2 - Declaration of subject-matter
The present association considers as its foremost purpose the promotion and enhancement of the development of free educational software and likewise the support of unimpeded access to free standards of software for education.
Article 3 - Registered seat
The registered seat shall be at Bonneville, France. The seat can be transferred through unilateral decision by the council of administration.
Article 4 - Duration of association
There shall be no set time limit to the duration and continuation of the association.
Article 5 - Members and general structure of the association
The structure of membership be the following:
- honorary members
- sponsorial members
- governing or participating members
Honorary members are named individuals with distinct contributions to the promotion of the association objectives. They are exempt from subscription fees.
The annual subscription fee for sponsorial members is determined by the interior regulation of the association.
Governing members have committed themselves to the payment of an annual subscription determined by the interior regulation.
Article 6 - Membership
The conditions for application are determined by interior regulation. The governing administration may decline an application without specifying.
Article 7 - Exclusion and termination of membership
Membership is terminated by:
- written notice of withdrawal
- expulsion and termination declared by the council of administration for reasons of non-payment of subscription fees, or for other serious offense against the ruling statutes, for disrespect of the interior regulation or for other serious action detrimental for the spirit of the substance of the association.
Article 8 - Resources and funds
The following be the basic resources of the association:
- subscription fees by active members
- donations and subsidies in compliance with the legal regulations
- funds and contributions obtained through the association activities.
Article 9 - Council of administration
The governing body of the association is a council of members co-opted into office for a period of two years. The members of the council can be reelected. The maximum number of members for the council is fifteen.
The council of administration will elect among the members a governing board composed of the following:
- a president
- a vice-president
- a secretary, and, if required, an assistant secretary
- a treasurer, and, if required, an assistant treasurer
The members of the governing board are elected for one year to be re-enacted.
The President of the governing board is the President of the association.
The council of administration is vested with extended powers to decide on and implement any action leading towards the achievement of the association’s objectives as well as concerning its management, its development and its appropriate functioning. The council may also decide on the modification of statutes.
Article 10 - Sessions of the council of administration
The administrative council meets at least once every six months at the request by the President or of one fourth of its members. Decisions have to be taken by majority vote. In the case of parity of votes, the President’s vote will prevail. Any members of the administration council who will have been absent at three consecutive sessions without proper excuse or justification may be considered as resigned from office.
The sessions will take place in accordance with the interior regulation and with regard to the means of communication to be utilized.
Article 11 - Non-profit administration
The members of the council of administration of the association will not receive any remuneration for the exercise of the functions they have been entrusted with. They may, however, obtain the reimbursement of the expenditure incurred for the association on production of documentation and after the consent of the council of administration.
Article 12 - Duties of the members of the governing board
The President summons all general meetings and the meetings of the administration. His part is to represent the association in all civil acts and procedures and to ensure the proper registration of such. In the case of absence or illness, his place is taken over by the vice-president who is then invested with the above authority.
The secretary is in charge of all correspondence and the archives. His duty is to draw up the minutes of the council meetings and to file them properly. In the case of absence or illness, his place is taken over by the assistant secretary who then is invested with the above authority.
The treasurer is in charge of all matters concerning the funds and assets of the association. He administers all payments under the surveillance of the President. He maintains a regular accountancy of all financial operations. In the case of absence or illness, his place is taken over by a member of the council of administration designated by the President. This member is then invested with the above authority.
Article 13 - General assembly
The general assembly comprises all members of the association irrespective of the their status.
The general assembly is summoned by the President. With fifteen days at least in advance to the date of the assembly, the members are notified by the secretary who will simultaneously send a specification of the assembly along with an agenda.
The President, assisted by the members of the council, presides the assembly and submits a statement on the actual situation of the association.
The treasurer submits the accounts and the balance for approval by the assembly.
The general assembly then enters a debate on each itemized topic of the agenda.
Any member of the association may submit to the council of administration additional items to the agenda. The deadline for submission is seven days in advance to the set date of assembly. Any proposal or motion supported by at least one quarter of the votes of the members participating or represented will figure additionally on the agenda.
The results of debate by the general assembly are voted as accepted by single majority by the participants present or represented.
In the case of parity of votes, the votes of the President prevail. Any active member may be represented by another member as specified by the internal regulation.
The general assembly must only deal with items figuring on the approved agenda.
Article 14 - Extraordinary assembly
Due to exceptional circumstances or on the express request of more than half of the members enrolled, the President may summon an extraordinary assembly following the ruling of article twelve.
Article 15 - Interior regulation
An interior regulation can be established by the council of administration.
This potential regulation is destined to define all points and details that had not been initially included in the statutes.
Article 16 - Dissolution and termination of the association
In the case of voluntary dissolution, either statutory or requested by law, the council of administration will transfer all available funds and assets to a non-profit association of similar orientation.
Taipei, the 27 of April 2000