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Statutes of the Association of Conservator-Restorers in Bulgaria

 

Translated from Bulgarian

/Adopted at the constituent assembly on 21.11.2003 and amended on 11.12.2004, on 20.01.2007, on 13.12.2008, on 16.12.2012 and on 14.12.2013/

  

I. General provisions

Art. 1. The society shall be a non-profitable juridical person within the meaning of the Law on Non-profitable Juridical Persons and shall implement its activities by the name "Association of conservator-restorers in Bulgaria".

Art. 2. The Association shall be a society for the private benefit within the meaning of the Law on Juridical Persons and shall implement its activities in favor of the members thereof, in accordance with the principles of voluntary participation, equality, democratism, indifference to politics, electoral principle, and mandatory principle.

Art. 3. The society shall have its seat: Sofia, Municipality "Sredetz", and a registered address of administration: 1142 - Sofia, 27, "Luben Karavelov" Str., Fl. 3.

Art. 4. The name, the seat and the registered address of administration, the legal registration data, the BULSTAT code, and the Tax code shall be given on all outgoing documents of the Association.

Art. 5. The Association of conservator-restorers in Bulgaria shall be established for unlimited time.

II. Objectives and means for achievement

Art. 6. The objective of the Association of conservator-restorers in Bulgaria (ACB) shall be the development and support of the conservation-restoration of cultural properties at practical, scientific and cultural levels. Within this meaning the Association shall endeavor to:

  1. Support and encourage the conservation-restoration of cultural properties;
  2. Act for development of high level education, research and practices in the field of conservation-restoration in compliance with the definitions, adopted by ACB;
  3. Act for legal recognition of the professional standards, for confirmation and recognition of the legal statute of the conservator-restorer at national, European and international level;
  4. Establish connections with European and international organizations in order to provide representativeness of the profession and protection of the ethical, cultural, scientific and material interests thereof;
  5. Present and promote the profession conservation-restoration to the public.

Art. 7. In order to achieve its objectives, the Association of conservator-restorers in Bulgaria shall:

Implement activities, which would bring to funding on behalf of the public, government, foundations and institutions for practical, scientific, educational and other activities, corresponding to the objectives of the organization;

  1. Organize forums, scientific meetings, symposia, conferences, scientific trips, internships, exhibitions and other public events;
  2. Create working groups to investigate practical, scientific, juridical or educational problems and to work on the solution thereof;
  3. Disseminate information on these issues by legal means;
  4. Finance, create target funds and develop all relevant forms of support to the conservation-restoration of cultural properties;
  5. Coordinate and assist an information exchange between the members, stimulate professional realization thereof;
  6. Work for observing the professional ethics in accordance with the Code of Ethics, adopted by ACB;
  7. Cooperate with public and state structures and organizations for preserving the cultural properties. 

Subject of activities: 

Art. 8. In order to assist the achievement of the objectives, the Association shall carry out the following activities:  

  1. organizing and carrying out seminars, symposia, scientific conferences, publishing the results thereof, as well as specialized publications;
  2. preparing of expert assessments and opinions;
  3. consulting activity;
  4. publishing activity (specialized publications for conservator-restorers).

Membership:

 Art. 9. (1) Membership in ACB is voluntary and individual.  

Membership right:                                                     

(2) A member shall be:

  1. /amended at the general assembly on 20.01.2007, 13.12.2008 and 16.12.2012/ Any graduate conservator-restorer, holding a Masters' degree, obtained after full five-years University course of study on conservation-restoration, in accordance with the Professional Guidelines of E.C.C.O. of 2002 and 2004;
  2. /amended at the general assembly on 13.12.2008/ Conservator-restorer, without a diploma for conservation-restoration due to the requirements of the profession in the past, who has a long-term experience (25 years at least), with higher education and a proved considerable contribution to the conservation-restoration in Bulgaria;
  3. Conservation Scientist with at least five years experience in the field of conservation-restoration.
  4. /adopted on the  General Assembly of 14.12.2013/ Students, enrolled in five-years University Masters' programme on conservation-restoration.

(2-а). /adopted at the general assembly of ACB on 10.12.2004 and ammended on 14.12.2013/ The membership in the ACB can be a full one, associated membeship or students membership.

  1. /amended at the general assembly on 20.01.2007/ Full members can be the listed in item 1 and 2, para. (2) of the present Article current members;
  2. Associated members can be all listed in para (2).
  3. /adopted on the General Assembly of 14.12.2013/ Student-members can be students, enrolled in five-years Masters' University course on conservation-retoration.

Acquisition of membership:

(3) The candidate shall apply in written to the Managing Board, declaring that he/she is familiar and adopts the regulations of the Statute and will carry out his/her obligations in the way these are regulated in the Statute and the adopted Code of Ethics.

(4) The membership shall be acquired following a decision of the Managing Board, taken by simple majority from all members.

(5) In case of rejection, the rejected candidate may refer the issue to the General Assembly of ACB, which shall definitely settle the issue.

Rights and obligations of the members:

(6) /amended at the general assembly of ACB on 10.12.2004./

  1. Each full member has the right to participate in the management of ACB, to be informed about its activity, to make use its property and of the results of its activity its activity in accordance with the provisions of this statute.
  2. The associated members can participate in the management of ACB through their participation in the general assembly, but cannot be elected in the Management Body and Supervisory Committee and cannot participate in the making of decisions stipulated in Art.13, para.1, item 1 and 5. Each associated member has the right to be informed of the activity of ACB, to make use its property and of the results of its activity in accordance with the provisions of this statute.

(7) /amended at the General Assembly of ACB on 16.12.2012/ Every member shall be obliged to pay an affiliation fee and a membership subscription, at amount, set by the General Assembly, for each calendar year, payable until 31 of March of the year to the cashier of ACB.

(8) Every member shall be obliged to refrain from actions, which could cause harm to the reputation of the Association, contradict to the objectives and discredit the organization.

(9) The member shall not be personally accountable for the obligations of the society.

(10) The member's rights and obligations shall be nontransferable and shall not go over any other persons in case of decease, or terminating respectively.

Terminating the membership:
 
Art. 10. (1) The membership shall be terminated: 

  1. In case of unilateral will, referred to the Managing Board;
  2. In case of decease or conviction under judicial disability;
  3. In case of exclusion;
  4. In case of dropping out.

(2) By proposal of the Managing Board, the General Assembly shall take a decision for exclusion in case of behavior, contradictory to the Statute, the objectives or the Code of Ethics of ACB.

(3) Dropping out due to non-payment of membership subscription and consistent non-participation in the activities shall be ascertained by documents, as the Managing Board shall be competent in taking resolution for terminating the membership of the corresponding member of ACB.

(4) The affiliation fees shall not be reimbursed to a person with a terminated membership.

Property

Art. 11. (1) The property of ACB shall be constituted by:

  1. affiliation fees;
  2. membership subscriptions;
  3. incomes from the activities referred to in Art. 8 of the present Statute;
  4. funds, submitted from NGOs and other legal sources.

(2) The affiliation fees shall be paid within 3 days after the admittance of new members.

(3) The membership subscription shall be paid until 31 December of the current year (at the General Assembly).

(4) The property shall be spent for carrying out activities, aimed to achievement of the objectives, laid down by the Statute.

(5) The Managing Board shall Supervisory the property in compliance with this Statute, the resolutions of the General Assembly, adhering to the legislation in force.

Governing bodies and powers:

Art. 12. (1) Supreme body of the society shall be the General Assembly (GA).

(2) The management body of the society shall be the Managing Board (MB).

Rights of GA:

Art. 13. (1) The General Assembly shall:

  1. amend the Statute;
  2. adopt an Code of Ethics and any other internal regulations;
  3. elect and dismiss members of MB, elect a Chairman of MB, who shall represent the Association to third parties;
  4. exclude members of ACB;
  5. take decisions for transforming or dissolution of ACB;
  6. approve the general directions for the activity and programs for the activity of  ACB;
  7. approve the budget of ACB;
  8. take decisions regarding the dues and the amount of the membership subscription;
  9. adopt the report about the activities of MB;
  10. repeal decisions of the other bodies of ACB, which contradict the law, the Statute or other internal rules, regulating the activities of ACB;
  11. repeal decisions of the other bodies of the society, which contradict the law, the Statute or other internal rules, regulating the activities of the society;
  12. take decisions for joining other organizations;
  13. take any other decisions, provided for in the Statute.

(2) The rights referred to in para.1, subpara. 1,3,5,7,9,11 and 12 cannot be entrusted to other bodies of ACB.

(3) The decisions of GA shall be binding for the other bodies of ACB.

(4) The decisions of GA shall be a subject of judicial Supervisory regarding conformity with the law and the Statute thereof.

(5) Decisions of bodies of ACB, taken contrary to the law, Statute or a preceding decision, can be disputed at GA upon request of interested members of ACB or any of the bodies thereof, addressed within one month since these decisions have been found out, but not later than one year from the date of taking the decision.

Convention of GA

Art. 14. (1) GA shall be convened by the MB by its own initiative or by request of 1/3 of the members of ACB. If in the latter case, the MB shall fail to extend an invitation for convention of GA within one month, the GA shall be convened by Court upon written request of the interested members or person, authorized by them.

(2) The invitation shall contain the agenda, the date, hour and venue of holding the GM and whose the initiative for convening has been.

(3) /amended at the general assembly on 20.01.2007./ The invitation has to be put on the announcement board in the building, where the headquarters of ACB is situated, at least a month prior to the fixed date.

(4) The GA shall be convened at regular sessions at least once a year.

Quorum

Art. 15. (1) The GA shall be considered legitimate in case more than half of all members are present. If there is no quorum, the sitting shall be adjourned for one hour, at the same venue and the same agenda, after which it shall be considered legitimate irrespective of the number of the present members.

(2) All members present at the session, shall sign in an intentional list.

Voting

Art. 16. (1) Every member shall have one vote.

(2) A member of the GA shall have no voting right at setting the issues, related to:

  1. him/her, his/her spouse or a direct line of descent - with no limitations, for the lateral branch up to fourth degree, or relationship by marriage - up to second degree included.
  2. juridical persons, where he/she is a general manager or can impose or impede decisions.

(3) One person may represent not more than three members of the GA based on a written authorization, unless any other form of representation or a meeting of the representatives have been provided for in the Statute. Double authorization shall not be allowed.

Taking of decisions

Art. 17. (1) The decisions of GA shall be taken by majority from the members present.

(2) Decisions referred to in Art. 13, para.1, subpara. 1 and 5, shall be taken by majority of 2/3 from the members present.

(3) Decisions shall not be taken on issues, not included in the agenda, announced in the invitation.

Art. 18. (1) The sessions of the GA shall be chaired by the Chairman of the MB or a person, elected by the MB. In the cases, where the GA has been convened extraordinarily, it shall be chaired by a person, indicated by the members, convened the extraordinary GA.

(2) Minutes shall be kept at the sessions of GA. The minutes shall be signed by the person, chairing the session and by the record keeper, as both shall be responsible for correctness of the content thereof.

(3) The minutes, together with the attached list of the members present, and the written materials on the convention and holding the GA, shall be bound into book of records.

(4) Every member, attended the GA, shall be entitled to keep up with the correct coverage of the decisions taken.

Managing Board

Art. 19. (1) The current management of ACB shall be carried into effect by a Managing Board.

(2) /amended at the general assembly on 20.01.2007/

The Managing Board shall consist of 5 persons - members of the society. The members of the MB and the Chairman shall be elected for a period of 3 years and for not more than two consecutive mandates.

(3) The MB shall approve rules, regulating its current activity.

Powers of the MB

Art. 20. The Managing Board shall:

  1. Secure the implementation of the decisions of the GA;
  2. Manage the property of the society, adhering to the requirements of the Statute;
  3. Prepare and introduce to the GA a Draft Budget;
  4. Prepare and introduce to the GA a Report for the activities of the society;
  5. Approve the order and organize implementation of the activities of the society and bear the responsibility for this;
  6. Determine the address of the society;
  7. Take decisions on all issues, not included into the rights of any other body;
  8. Implement the responsibilities, provided for in the Statute;
  9. Admit to membership new members and make proposal for exclusion and dropping out under the provisions of Art.10, para. 3 of the present Statute;
  10. In case of dissolution of the society, organize its liquidation, appointing a liquidator.

Sessions of the MB

Art. 21. (1) The sessions of the MB shall be convened and chaired by the Chairman. The chairman shall be obliged to convene a session of the MB upon written request of 1/3 of the members thereof. In case the Chairman shall not convene a session within one week, the sessions may be convened by any of the interested members of the MB. In case of non-attendance of the Chairman, the session shall be chaired by a MB member, appointed by the MB.

(2) The MB shall be entitled to take decision provided more than a half of the MB members are present at the session.

(3) As present may be considered also a person with a two-way telephone or other type of communication, which guarantee identifying his/her personality and allow his/her participation in the discussions and taking the decisions. The voting of this member shall be certified in the minutes by the person chairing the session.

(4) Decisions shall be taken by majority from the present, and the decisions for managing the property and liquidation - by majority of all members.

(5) The MB may take a decision without holding a session, if the minutes for the decision taken will be signed without any remarks and objections by all MB members.

(6)  For coverage of the MB sessions, a book of records shall be kept. The minutes of each session shall be signed by the person chairing the session and by the record keeper, as both shall be responsible for correctness of the content thereof.

(7) The MB members shall bear responsibility for the actions, which might damage the property and harm the interests of the society. 

Supervisory over decisions

Art. 22. (1) Any decision of the MB, accepted in infringement of the law, this Statute, as well as breaching a decision of the MB, may be disputed by any of the members interested. 

(2) The demand for repealing must be made within one month period since it has been found out, but not later than one year from the date of adopting by the MB.

Representation

Art. 23. (1) The Association shall be represented to third parties by the Chairman of the MB.

(2) The Chairman shall be elected for a period of three years and for not more than two consecutive mandates.  

(3) The Chairman may authorize also third persons with a explicit authorization for specified activities.

Supervisory Committee                

Art. 24. (1) The Supervisory Committee (SC) shall be elected by the GA and shall consist of three members.

(2) For its first session the SC shall elect its Chairman, who will manage the activities thereof.

(3) The SC members shall not take a position in the MB.

(4) The MB shall adopt rules for work of the Committee.

Powers

Art. 25. The Supervisory Committee shall:

  1. Supervisory adhering to the Statute and the Code of Ethics of ACB, to the legislation and to the decisions of the management bodies of ACB.
  2. Supervisory managing and spending of the funds and the property of the society, and shall inform the MB for its findings and shall make proposals.
  3. Accept complaints and warnings from the members of ACB, and shall refer them for consideration to the MB or the GA depending of their character, and shall express opinion on these and make proposal to the relevant body.
  4. Attend the sessions of the MB by a deliberative vote.
  5. Be entitled to access to the documentation of ACB with regards to the implemented Supervisory activities.

Termination and Liquidation

Art. 26. (1) The activities of ACB shall be terminated:

  1. by decision of the GA;
  2. in the cases, provided for in the law.

(2) In case if termination of ACB as a juridical person, a liquidation shall be carried out.

(3) The liquidation shall be carried out by the MB or a person, appointed by it.

(4) The liquidator shall be obliged if possible, to compensate all the creditors of the society by the available funds, and in case it is not possible - by cashing a movable and immovable property.

Property after liquidation

Art. 27. Distribution of the property, remained after compensation to the creditors, shall be distributed by a decision of the GA. In case the decision has not been taken before the termination, then it will be taken by the liquidator.    

Transitional and Final Provisions

(1) The present Statutes has been adopted in the Constituent Assembly of the ACB, held in Sofia on 21 November 2003. It has been amended at the GA of ACB on 10 December 2004, on the GA on 20 January 2007, on the GA of 13 January 2008, on the GA of 16 december 2012 and on the GA of 14 December 2013. 

(3) For all unforeseen and unsettled matters by the present Statute, as well as for interpreting and applying of the regulations thereof, the provisions of the Law on Non-profitable Juridical Persons shall be applied. In case the regulations of this Statute contradict the law, these shall be substituted by rights by the imperative regulations thereof.

The translation from Bulgarian into English language is performed by Mariana Stoyanova Peneva.

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