FPA Constituation

 

 

Articles of Association

Of

The Foreign Press Association in Egypt

 Deposited with the directorate of Social Affairs

Under Number 2291 on 13 April 2004

In accordance with law No. 84 of 2002

Abdeen Department for Social Affairs

 

Association's address, Address: 2, Ahmed Ragheb St, Garden City, Cairo, Egypt

Field of Activity of the Association: Press, information and membership services

 

Model form

Articles of Association of

Foreign Press Association in Egypt

 

Chapter One

Association's name, type and field of activity, geographic scope of operations and headquarters

 

Article 1:

On this day 13th of April 2004 the undersigned and those joining the in the city of Cairo, founded an Association under the:

 

Name: Foreign Press Association in Egypt

Address: 2, Ahmed Ragheb St, Garden City, Cairo, Egypt

 

Period: Unlimited

 

Article 2:

The field of activity of the Association is: cultural and scientific services.

 

Article 3:

Activities: the Association works to achieve its purposes through the following activities:

Arranging lectures and seminars on topics of interest to foreign correspondents in Egypt.

Arranging visits to cities and governorates in Egypt and abroad.

Establishing a social and cultural club for the members.

Setting up a communications link with the competent Egyptian authorities with the aim of enhancing mutual relations.

The Association does not involve itself in political activities.

 

Article 4:

Geographic scope of operations: Egypt 

Headquarter address for administration:

Helnan Shepheard's Hotel, Room 522, 5th Floor, Garden City

 

Article 5:

It is agreed that the association will not conduct any of the purposes or activities mentioned in items no. 1, 2, 3, 4 of Article 11 of law No. 84 of 2002

 

Chapter Two

Financial aspects

 

Article 6:

Association's funds and how they should be appropriated and disbursed:

 

First: The Association's funds consist of:

Subscriptions by members.

Contributions, donations and legal bequests.

Revenues from social events.

Governmental assistance.

Other funds approved by the board of directors.

Income of holding charity exhibitions and sports games.

 

Income from investments or production projects.

 

Second:

 

The Association's fiscal year begins on January 1st and ends on December 31st of each calendar year.

 

Third:

 

The Association's funds are deposited in the name in which it [the association] was incorporated at the National Bank of Egypt.

 

Fourth:

 

The signatures of both the treasurer and the chairman of the Association or the person acting on his behalf are mandatory on every cashing authorization in order to cash any of the Association's funds.

  

Article 7:

 

The Association's funds shall be devoted to expenses necessary to achieve its objectives. These funds are not to be used for anything other than these objectives.

The association has the right to own real estate to achieve its purpose, as agreed upon by the General Assembly.

The Association may for the purpose of guaranteeing a steady income invest excess revenues in productive- service projects of assured profitability according to article 59 of the executive regulation of the law.

 

Article 8:

 

Recruiting employees in the Association is done according to:

Recruiting employees in accordance with Law No 137 of 1981

-2 Government civil servants may be seconded in accordance with Article 12 of the law

-3 Volunteering of the Association's members or others to carry out the Association's work.

 

Article 9:

 

The bequest of the Association's assets after dissolution shall be made to:

The monetary aid fund of NGOs and Foundations

 

Article 10:

 

The Association shall keep in its headquarter all files, documents and correspondences and they all should be stamped by the administrative authorities before being used. In accordance with Article 62 of the law, all members of the association are allowed to look into these files.

 

Article 11:

 

The Association shall keep accounting records detailing revenues and expenditures in accordance with Law No 84 of the year 2002.

 

If revenues or expenditures exceeded the amount of LE20,000 records have to be reviewed by an official auditor with all documents and a financial report must be prepared at least a month before the convention of the General Assembly.

 

Article 12:

 

Any changes to the constitution must be made in a special General Assembly. The Association shall inform the Administrative Authority of any changes in order to be approved and recorded.

 

 Article 13:

 

The Association allows activities to be carried out by other branches and outside of its headquarters. If the Association has other branches in other governorates, they have to follow the same rules of the main Association. A branch has the right to be represented in the board of directors of the association according to the percentage determined by the General Assembly with respect to the size of the branch's activities

 

For a branch to be re-organized a board decision may be issued for that purpose after the approval of the General Assembly, the decision should clarify

 

Branch location

 

Branch activities

 

Geographic scope of activities

 

Branch financial affairs

 

Branch fund sources

 

Branch administration and management affairs

 

The connection between the Association and branch members

 

Branch period if it's for a limited time

 

Chapter Three

 

Membership

 

Article 14:

 

An Association member must meet the following requirements:

 

Be of good conduct and reputation.

 

Education: not specified, age: 21 years, Experience: not specified

 

Have received a press card from the Egyptian press center,

 

Present the board with written proof that the applicant is working for foreign media based in Cairo,

 

Present a membership application to the Association.Enclosing a membership fee of LE250 after the membership application has been accepted .The application shall give the applicant's name, nationality, address, profession and method of subscription payment. The membership fees don't give the applicant any rights before he or she is approved by a board decision to be a member of the Association.

 

Article 15:

 

Membership is divided into active, associate and honorary members.

 

An active member is a member who participated in founding the Association, or applied for membership and was accepted by the board and has the right to attend the General Assembly and to run for board elections.

 

An associate member is a member who does not fulfill all the membership requirements; the associate member has all the rights of a regular member except the right to attend the General Assembly and run for board elections.

 

An honorary member is a member who provides great services for the Association, whether material or moral, but does not have the right to run for board elections nor attend the General Assembly.

 

Article 16:

 

A member's annual subscription is set at LE250 for regular members. The annual subscription is set for LE150 for associate members who are Egyptian media representatives and LE 350,- for foreign associate members, paid in annual or monthly installments if requested. In all cases, the annual subscription shall be paid before the end of the fiscal year.

 

If a member joins the Association during the course of the financial year, he or she shall pay the amount of the annual subscription due for the remainder of the year.

 

Article 17:

 

Membership is terminated in the following cases;

Resignation or withdrawal from the association, carried out by an official letter.

Death

 

If a member no longer meets one of the requirements for membership.

 

Dismissal or expulsion:

 

If he/she engages in an act conducive to causing gross material or moral damage to the Association.

 

If he/she uses his membership at the Association for a personal purpose.

 

 

If he/she is six months overdue on payment of subscription fees from the due date of subscription, provided that he/she is advised of the overdue payment by certified mail during the four months following the last payment made.

 

The resolution to terminate membership shall be taken by a board decision expressing the name, reasons and date of membership terminated.

 

A member is informed of the termination of membership within 15 days from the date of the board's resolution to this effect with a copy of the board meeting minutes.

 

Article 18:

 

Membership may be restored to members whose membership had been terminated for non-payment, provided that they pay the amount they owed.

 

 

Article 19:

 

A member or a person whose membership has been terminated for any reason and the heirs of a deceased member are not entitled to a refund of membership fees or subscriptions or shares or donations or contributions given to the Association, and have no right to the Association's monies.

 

Chapter four

 

The bodies representing the Association and jurisdiction of each

 

 

First: The General Assembly

 

Article 20:

 

The General Assembly comprises all active members who have fulfilled their obligations according to the Association's articles and who have been members for a period of at least six months.

 

Article 21:

 

The General Assembly convenes by invitation. Notification to members shall be through registered mail or members' signatures to indicate their knowledge of the General Assembly's date, a written request for all members who have the right to attend the General Assembly stating the place, timing and purpose. The invitation will be presented by:

  

The chairman of the board of directors

 

One fourth of the members entitled to attend the Assembly.

 

By appointed representative in accordance with article 40 of the law.

 

An invitation by the directorate of Foreign Affairs.

 

 

 

Article 22:

 

    The general assembly shall be held at the main headquarters of the association. It may also be held in any other place to be defined on the invitation to which the agenda is enclosed. A copy of the documents to be submitted to the general assembly shall be sent to the administrative body and to the federation to which the association is affiliated, at least fifteen days before the meeting. The federation may authorize someone to attend the meeting.

The general assembly may discuss other issues, not stated in the agenda subject to the approval of the absolute majority of total members.

 

Article 23:

 

The general assembly shall be convened to an ordinary meeting at least once a year during the four months following the end of the association fiscal year to discuss:

Balance sheet, final account

The board of directors' report on results of the year, auditor's report.

Estimated budget of the next year

Electing new directors to replace those whose term has expired or terminated

Appointing an auditor and determining his fees

Other issues as the board of directors may enter into the agenda.

 

The general assembly may be convened for an ordinary meeting whenever necessary.

  

Article 24:

 

The Assembly may be summoned to extraordinary sessions to:

 

Consider amendments to the Association's articles.

 

Consider Association dissolution and its affairs.

 

Consider incorporation into another association.

 

Become of a public benefit.

 

Dismiss all or some of the board members.

 

Other purposes in accordance with the wishes of the General Assembly majority.

 

 

Article 25:

 

A general meeting is not valid unless attended by the absolute majority of members. If the quorum is not met, the meeting is postponed to another session to be held within the period of minimum one hour and maximum 15 days from the meeting time.

 

The meeting in this case would be valid if attended in person (without proxies) by at least 10 per cent of the members or by 20 members; whichever is less, provided that the number of attended in the first case not less five members.

 

Article 26:

 

A member of the general assembly may authorize in writing another member to represent him in attending the general assembly

 

 

An official authorization

 

An authorization signed by the absent member, the authorized member, the and the person in charging of inviting the General Assembly and stamped by the association stamp a day before the meeting. A member may not be represented by more than one member.

 

Article 27:

 

An Assembly member is not entitled to vote if the subject of the resolution under debate is of personal interest to the member, except in the case of Assembly elections.

 

 

Article 28:

 

The General Assembly's resolutions are adopted by the absolute majority (half + 1) of members present at the meeting.

 

The extra ordinary General Assembly's resolutions are adopted by the absolute majority (half + 1) of members present at a meeting.

 

Article 29:

 

The General Assembly's resolution shall be recorded in the official minutes book of the Assembly and shall be signed or sealed by the Chairman and Secretary General.

 

 

Second) Board Of Directors

 

Article 30:

 

The Association shall be administrated by a Board of Directors comprising 9 (nine) members elected by the Assembly from among its members.

 

The term of first Board membership is for a maximum of three years appointed by the founding members.

 

The term of Board membership is for six years. The election of one third of the members is renewed every two years by ballot. After a six year Board term, the assembly is invited to have a completely new board.

 

[We have mentioned above we would like to ask the Minister permission to limit this to three years.]

 

The Board elects from among its members, at its first meeting after the General Assembly, a Chairman, a Deputy Chairman, a Treasurer and a Secretary General.

 

Egyptian Board members should be proportional to their percentage of the FPA General assembly's members.

 

[We have mentioned above we would like to ask the Minister to exempt the FPA from this rule and leave the composition of the board up to the General Assembly of the FPA.]

 

 

Article 31:

 

A Board member must be qualified to exercise his civil rights.

 

 

Article 32:

 

The candidate names are shown at the association on a public place after the deadline of running for the Board membership. The Association shall notify the Administrative Authority and the competent federation with the name of the candidates within at least 60 days from the date of the General Assembly's meeting.

 

Article 33:

 

A director shall not combine membership in the association's board and performing paid work for the association

A board member may have the right to be paid the real expenditures he spent while carrying out the association's activities such as transportation.

A board member cannot vote in a decision for reimbursing his expenses.

 

 

Article 34:

 

The board of directors shall manage the affairs of the association. To this end, it may perform any kind of function except those required under this law and the association's statute to be first ratified by the general assembly.

 

The board of directors should have a chairman who represents the association before courts and third parties.

 

 

Article 35:

 

The association's board of directors shall hold at least one meeting every three months. Meetings shall be valid only if attended by the majority of its members.

Resolutions shall be issued by absolute majority of members present unless otherwise stipulated by the statute.

 

Article 36:

 

If a Board member's place becomes vacant in the period between one General Assembly and another, the Board may delegate a replacement from among those who had in the last General Assembly the largest number of votes after the elected members. These delegated members continue to temporarily occupy their positions until the General Assembly convenes and final elections are held to fill the remaining period of their predecessors.

 

Article 37:

 

The Board may appoint a Director from its members or non-members and give him a proxy to handle any of the matters within its jurisdiction.

 

    

Third) The Board's Powers

 

Article 38:

 

The Board is empowered to administrate the Association affairs as follows:

 

The Board elects from among its members a chairman, a deputy chairman, a treasurer and a secretary general of the Association, the Board determines the responsibilities and authorities for each position to run the administrative and technical affairs of the Association.

 

Draft internal regulations for the Association and to show to the General Assembly.

 

Form committees it deems necessary for the good conduct of business. Resolutions adopted by such committees are valid within the limits of the jurisdiction assigned by the Board.

 

Appoint employees required for its operations.

 

Make studies for the social and production projects to achieve its purpose.

 

Hold exhibitions, parties and charity markets to increase its income.

 

Approve the contracts and agreements of the association.

 

Define the amount of a permanent loan that covers daily and regular expenses.

 

Prepare the final accounts for the ending financial year and the new draft budget as well as the annual report detailing the Association's activities and financial situation, and draft new projects for submission to the General Assembly at its annual meeting.

 

10- Summon the General Assembly in accordance with the law and implement its resolutions.

 

11-Study the Auditor's report and prepare answers on negative remarks made in it for submission to the General Assembly.

 

12-Study negative remarks made by the competent administrative body and prepare answers and seeking to avoid these negative remarks in accordance with the law and the association's main articles.

 

Article 39:

 

The Board may delegate all or some of its prerogatives to an Executive Committee comprising of the chairman or his deputy, the treasurer, the secretary general and members elected by the Board. The Executive Committee shall have a maximum of five members, meets at lease once every month to review the status of those Association activities that are within its jurisdiction and its meetings shall be valid if at least three members attend. Decisions taken are recorded in a special register and promptly presented to the Board.

 

 

The Jurisdiction of the Executive Committee includes the following:

 

 

Endorsing financial transactions within the confines specified by the Board.

 

Endorsing nominations, appointments and disciplinary action of employees within the confines set by the Board and the provisions of the articles of Association.

 

Endorsing annual inventory records.

 

Approving reimbursements from the permanent or temporary loan in line with work requirements and circumstances.

 

Studying policies for the implementation of projects and new proposals and also studying the auditor's report and endorsing the final accounts and draft budget and answer negative remarks contained therein prior to presentation to the Board.

 

Endorsing decisions by other committees prior to their presentation to the Board.

 

The Executive Committee refers their decisions to the Board for approval.

 

Endorsing the decisions in all cases according to the Board's approval.

 

Article 40:

 

The chairman of the Board's principal functions are as follows:

 

Chairing Board meetings, General Assembly and internal committees which he attends and which he has the right to convene.

 

Representing the Association and acting on its behalf before administrative and judiciary bodies.

 

Approving agendas for Board meetings and following up the implementation of Board decisions.

 

Signing on behalf of the Association all contracts and agreements approved by the Board.

 

Co-signing with the Secretary General minutes of sessions, administrative decisions and decisions related to employees.

 

Co-signing with the treasurer all cheques and financial papers.

 

Acting in all urgent matters presented by Secretary General which cannot be deferred until Executive Committee or Board meetings. He shall have in such cases all the Board's powers, provided that he shall submit the matter and the decision taken to the Board at its first meeting.

 

In the case of absence of the Chairman, the person acting in his place shall

 

carry out his functions in accordance with the articles of the Association and

 

shall have the Chairman's full powers.

 

 Article 41:

 

The Secretary General primarily has the following responsibilities:

 

Preparing the agenda and issuing invitations to the members. Assuming secretarial functions for the meeting, recording its minutes and resolutions and setting these out in special records for presentation to the Board and ratification at its next meeting.

 

Maintaining a register of membership status with the names and addresses of the Association's members.

 

Keeping records of the minutes of Board and General Assembly meetings, maintaining and obtaining the Chairman's signature thereon.

 

Acting to implement Board decisions.

 

Preparing the annual report on the Association's activities and presenting it to the Board after reviewing it with the Executive Committee.

 

Drafting the agenda of the General Assembly and acting to summon it in accordance to the law and also drafting the agendas of Extraordinary General Assembly meetings.

 

Informing the competent Administrative Authority and Federation of Board meetings and General Assembly minutes in accordance with the Association's articles.

 

Compiling the names of candidates for the Board within the deadlines specified in the Association's articles.

 

Supervising all administrative work and keeping at the Association's headquarters all papers and records belonging to the Association.

 

 

Taking charge of all written communications delivered to the Association and referring them to the Board, Executive Committee or Chairman as the case may be.

 

Studying observations by the Central Accounting Organization and relevant administrative bodies on administrative and social issues and preparing a reply in preparation for taking the entire matter to the Executive Committee and the Board in order to reply to these bodies within one month from the date of communication of observations.

 

Other responsibilities approved by the Board.

 

Article 42:

 

The Treasurer is responsible for the Association's financial affairs in accordance with the system approved by the auditor and endorsed by the Board. His principal responsibilities are:

 

General supervision of the Association's revenues and expenditures, monitoring the making of receipts for all revenues, receiving the revenues and promptly depositing them in a bank or saving fund, and observing or undertaking the prompt entry of all revenues and expenditures in special books. He is responsible for organizing and supervising financial and inventory operations and presenting his remarks and memoranda to the Board.

 

Supervising the annual inventory and presenting a report on the result to the Executive Committee and the Board.

 

Disbursing all amounts legally approved and keeping documents to prove the correct disbursements of such amounts, supervising the disbursements and keeping the documents.

 

Reviewing the Association's financial records and also reviewing financial documents before and after disbursements and endorsing and filing them.

 

Implementing Board and Executive Committee decisions on financial dealings, provided that they are in conformity with the budget's stipulations.

 

Co-signing payment orders and cheques with the Chairman or the person acting in his place.

 

Approving disbursements from the temporary loan within confines set by the Board to meet urgent and essential cases which ca not wait for a Board decision, with such disbursements to be presented for endorsement at the first meeting.

 

Preparing the balance sheet and the general budget for review by the Auditor and preparing a final report to present to the Board.

 

Participating with the Secretary General in drafting the following year's budget, submitting it to the board and sending the draft to the Administrative Authority at least fifteen days before it is presented to the General Assembly.

 

Studying observations made by the accountancy Bureau and the competent administrative bodies and preparing a reply in order to submit the entire matter to the board, responding to them within one month from the date of communication of the observations related to financial matters.

 

Article 43:

 

The Association appoints an auditor from the official auditors if the Association's expenses or revenues exceed LE20,000. The auditor must be a certified auditor.

 

 

The Auditor's responsibilities is as follows:

 

Reviewing the Association's books, records and documents at any time. He has the right to ask for dates and explanations that he deems necessary for the discharge of his assignment. He may also scrutinize the assets and liabilities of the Association, and the board is required to enable him to perform all the aforementioned tasks.

 

If the auditor cannot achieve his work for any reasons he has to raise the issue with the Board and the Board must refer it to the General Assembly.

 

The auditor assumes his responsibility from the date of his election or appointment until the following General Assembly. He audits the accounts of the financial year for which he is assigned.

 

Present a report by the end of the financial year.

 

Prepare the budget of the Association a month before the General Assembly meeting.

 

If auditor did not function efficiently, the board has the right to invite the General Assembly, attaching a report prepared by the board, to summon the auditor, discuss the matter with him and make the suitable decision in this regard.  

 

Cairo on    /   / 2004

 

The Secretary General                          The Chairman

Name                                                       Name                

signature                                                  Signature

 

 

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