STATUTE of the
753 ArteBellezza Association
I. NAME, HEADQUARTERS AND DURATION
Art. 1. Under the name “Associazione 753 ArteBellezza” an association is established pursuant to art. 60 ss. of the Swiss Civil Code.
Art. 2. The headquarters of the Association is located in Bellinzona.
Art. 3. Its duration is unlimited.
Art. 4. The 753 ArteBellezza Association was founded with the aim of promoting art, in particular musical events in the Ticino area. By promoting these exhibitions, we also want to support local artists and collaborate with associations present in the area with beneficial purposes. The association also aims, within the limits of its budget requirements, to apply social reductions to people living in Ticino and to the benefit of AVS/AI annuities and/or social assistance, for access to events.
Art. 5 The Association does not carry out economic and/or gainful activity.
III. INTERNAL REGULATION
Art. 6 For the more detailed organization of the Steering Committee, Commissions and Artistic Direction (see Art.19), the Association can provide itself with an internal regulation, established by the Steering Committee. This regulation must be ratified by the General Assembly of Members.
IV. ORGANIZATION OF THE ASSOCIATION
The organs of the Association are:
– the General Assembly;
– the Steering Committee;
– the Audit Office.
Art. 8. The General Assembly of the members is the supreme body of the Association.
Art. 9. The ordinary General Assembly is convened annually by the Steering Committee by written notice to be delivered with an advance of at least 10 days on the scheduled date with the indication of the agenda.
As a rule, the Ordinary Assembly is held by the end of November each year. It is directed by the President of the Association.
Art. 10. An extraordinary General Assembly may be convened at any time by the Steering Committee, or by at least 1/5 (one fifth) of the members, whenever the affairs of the Association require it.
Also these assemblies must be preceded by a convocation with an advance of at least 10 days indicating the treats on the agenda.
Art. 11. Decisions are taken only on the items in the agenda. Resolutions on objects that are not duly announced on the agenda can be adopted only if the urgency requires it.
Resolutions concerning changes in the articles of association, corporate purpose, social quotas and dissolution of the Association may not be adopted unless they are regularly included in the agenda announced in the convocation.
Art. 12. The General Assembly is constituted in a valid way, whatever the number of present members. On the occasion of the General Assembly each member has the right to one vote.
The decisions are taken by a simple majority of the votes cast by a show of hands. In case of a tie, the President’s vote is decisive.
Art. 13. Under the responsibility of the General Assembly of members, there are:
a) the acceptance and revision of the company by-laws;
b) the approval of operating accounts and annual financial statements, of Committee and Auditing Office report;
c) the examination and resolutions concerning the financial statements, the setting of the company shares;
d) the appointment of the President of the Association and of the other Committee members, as well as of the Auditing Office;
e) designation of honorary members;
f) the examination and the deliberations on matters that the Committee places on the agenda and that the single members can propose;
g) taking the decisions required by law or according to the statute;
h) the dissolution of the Association.
Art. 14. The Steering Committee is the executive body of the Association.
Art. 15. The Steering Committee consists of three to seven members. The President, the Secretary and/or the Cashier, as well as a possible Vice-President, are appointed. The Jardin Musical Sagl is entitled to 2, maximum 3 members in the Steering Committee. Committee members are elected for a term of 5 years and are always re-eligible.
Art. 16. The Committee represents the Association towards third parties, directs the social affairs and assumes all the functions that the law or the statute do not expressly reserve for another social organ. It commits the Association with the individual signature of the President and with the collective signature in two of the other committee members.
Art. 17. The Committee meets at least twice a year following a convocation that presents the agenda and when the Chairman deems it appropriate. It also meets at the request of at least two of its members or, in urgent cases, at the request of an individual member. The Committee organizes itself autonomously.
Art. 18. The Committee can decide validly only if the majority of members is present. Each member has the right to one vote. The President has a preferential vote and can therefore decide in case of a tie.
The resolutions and decisions of the Committee are recorded in the minutes, signed later by the Chairman and/or the Secretary.
Art. 19. The Committee may also set up commissions or delegate tasks to persons not belonging to the Association, while remaining responsible for the selection, monitoring and instructions provided to these Commissions or delegates. The Committee can also establish an Artistic Directorate. The members of the Committee can not be part of the Artistic Direction.
Art. 20. The Audit Office consists of at least one member appointed by the ordinary General Assembly of the members.
The Auditors are elected for a year and are always re-eligible. They can not be part of the Committee.
The auditors will review the operating accounts, the financial statements and prepare an audit report that they will submit to the Ordinary Assembly.
Art. 21. The Association is open to all those who morally recognize themselves in its purposes, who pay their social share and accept the present statute.
To become a member of the Association you must pay the annual fee. The Committee may propose to the Shareholders’ Meeting the appointment of honorary members who will be exempt from the payment of social shares. They can be proposed as honorary members, sponsors or other persons who have contributed in an important way to the aims or activities of the Association.
Art. 22. Those who submit written resignation to the Committee within six months of the end of each annual accounting exercise and will have settled the relative social contributions cease to be part of the Association and therefore lose the status of member. In the event of death of the partner, the latter quality is not passed on to the heirs. The quality of a member can also be lost by exclusion from the Association.
Art. 23. The Committee can exclude a member without stating the reasons:
a) if the member acts in a way that is contrary to the interests of the Association or to the purpose it has set;
b) if he does not fulfill his duties towards the Association, despite two requests;
c) if it is not submitted to the decisions of the Committee or of the General Assembly;
d) for any behavior contrary to the interests of the Association. The excluded member following a decision of the Committee, will have the right to appeal to the judgment of the Shareholders’ Meeting, which will decide inappellabile. Members who resign or are excluded from the Association do not have any right on the social patrimony.
VI RESOURCES / FINANCES
Art. 25. The accounting year begins on the 1. (first) January and ends on the 31 (thirty-first) December of each year. The first time the accounting year begins with the establishment of the Association and ends on 31 (thirty-first) December 2018.
Art. 26. The financing of the activity of the Association will be through:
a) the social sums fixed by the assembly annually;
b) subsidies from individuals or public bodies;
c) free offers, donations, legal, inheritance, patronage, legacies.
Art. 27. The Association replies to third parties exclusively with its own patrimony, being excluded every single and personal responsibility of the members.
VII. REVISION OF THE STATUTE
Art. 28. The total or partial revision of the present statute may take place at any time on the initiative of the Committee or at the request of 2/3 (two thirds) of the members of the Association or ¾ (three quarters) of the members present at the General Assembly.
Art. 29. The revision is accepted if 3/4 (three quarters) of the members present at the General Assembly vote in this direction.
Art. 30. The dissolution of the Association and its putting into liquidation can be decided during the General Assembly with a majority of 2/3 (two thirds) of the members of the Association.
Art. 31. In the event of dissolution, liquidation will be made by the Committee in operation at the time, unless the General Assembly decides otherwise. In this case the assets net of the costs of the Association will be distributed to other associations, foundations or works that pursue an end similar to that of the Association.
IX. GENERAL PROVISIONS
Art. 32. The present statute has been approved by the Constitutive Assembly held in Bellinzona, Saturday 11 November 2017, and comes into force immediately.
Art. 33. For matters not provided by the present statute, reference is made to the provisions of art. 60 ss CCS.
Art. 34. The competent Courts in case of disputes concerning the Association or the present statute, will be exclusively those of the Canton Ticino, which will apply the Swiss law in force.
An appeal to the Federal Court is reserved.
Bellinzona, 11 November 2017