Statuts et Réglementation

Company Name, Headquarters, Purpose, Other Means of Action & Funds

 

Article 1 - Corporate name
1.1 The Association Petite Bouée (hereinafter referred to as the Association) is an independent nonprofit organization.

 

Article 2 - Registered Office
2.1 The registered office of Petite Bouée is located in Froideville.

 

Article 3 - Purpose
3.1 The purpose of the Association Petite Bouée is to cover the costs of extracurricular schooling for low-income families. In this regard, the Association establishes partnerships with private or public schools.
3.2 The Association can also provide assistance to enable children to participate in extracurricular activities, camps, weekends, etc.
3.3 The Association acts as a financial "lifeline" for families who cannot afford these activities for their children.
3.4 The Association may also organize camps, weekends, and workshops for children from low-income families.

Article 4 - Other Relationships and Means of Action
4.1 The Association may establish and manage other legal entities, hold shares, acquire real estate and tangible or intangible assets. It can create and manage branches or subsidiaries or join other companies or associations in Switzerland and abroad, and participate in any activities that serve its ideal purpose.
4.2 The Association may enter into contracts, agreements, or mandates with individuals or legal entities to successfully carry out its projects, either free of charge or for a fee.

 

Article 5 - Funds
5.1 The resources of the Association Petite Bouée primarily come from benefactor members, namely:
 

  • Private funding sources
  • Grants from the government (municipalities, cantons, Confederation)
  • Contributions from third parties (membership fees, semi-public institutions)


5.2 The resources and equity of the Association, if any, solely guarantee the fulfillment of its obligations, to the exclusion of any personal or joint liability of its members.
5.3 The use of these resources and funds is subject to internal financial control. If expertise not available within the Association is required, the General Assembly may seek the assistance of an external professional for analysis or auditing purposes.
5.4 An auditor is appointed by the General Assembly. Their mandate is renewed annually.

 

BODIES

Article 6 - Enumeration
6.1 The bodies of the Association are:

 

  • The General Assembly
  • The Committee
  • The auditor

 

6.2 The Association specifically establishes:
 

  • A Directorate
  • An administrative and financial management (Office and Treasurer, see Art. 9 and 10, below)

 

Article 7 - The General Assembly
7.1 The General Assembly consists solely of its active members and meets once a year in an ordinary assembly. It is convened by circular addressed to its members at least 20 days before the scheduled date of the meeting. The convocation shall mention the agenda.
An extraordinary assembly may also be convened when deemed necessary by the Directorate.

7.2 The General Assembly elects the Committee.
7.3 The Committee is composed of at least one active member.
7.4 Tasks of the General Assembly

 

  • Appoint the Director
  • Appoint the auditor(s)
  • Accept new active members and resignations
  • Approve the management report, financial statements of the past fiscal year, treasurer's report, and the budget for the new fiscal year
  • Set the annual contributions
  • Determine the rates and calculation rules for the coverage scheme
  • Decide on any matters reserved for it by law or these bylaws, as well as any proposals related to the management of the Association and its members submitted to it
  • Decide on the liquidation or merger of the Association
  • Grant discharge to the Directorate for its management
  • Set the terms of reference for the Committee

 

7.5 Only the items on the agenda can be discussed.

7.6 The General Assembly operates collectively and seeks consensus. Decisions are validated through a formal vote. If no consensus is reached, the General Assembly votes by an absolute majority of the members. In case of a tie, the President decides.

7.7 The General Assembly is chaired by one of its members.

7.8 Active members of the General Assembly work on a voluntary basis, with the reimbursement of their actual expenses.

7.9 The Association recruits its members through cooptation among actors it deems competent.

7.10 Active members are lifelong and honorary members, unless they resign. In the event of resignation, incapacity, or death of an active member, a new member will be replaced if necessary to ensure that the Association has at least two members in the General Assembly.

7.11 The Association can appoint honorary members (individuals) or partner members (legal entities) without voting rights or operational functions.

7.12 New members pay an entrance fee determined by the General Assembly.

 

Article 8 - Management

8.1 The Director is appointed by the General Assembly for a renewable term of 5 years.

8.2 The Director is invited, as per the agenda, to the meetings of the General Assembly. Their main mission is to ensure the implementation of the strategy and general objectives established by the General Assembly and delegated to them.

8.3 The Management represents the Association and ensures the maintenance of quality and the fulfillment of the general and entrepreneurial objectives of the Association.

8.4 The Director binds the Association through their individual signature for routine matters known to the General Assembly, when specific delegation or mandate has been given to them, or when a framework decision, whether regular or punctual, defines a particular power.

 

Article 9 - The Board (see Art. 6.2.b)

9.1 The Board is responsible for the day-to-day operational functioning and the efficiency of the administration, as well as the relationships with all internal and external collaborators working within the Association and the projects promoted by the organization.

9.2 The Board is led by a Secretary-General, chosen and appointed by the Management, who acts as an executive delegate. In this capacity, they receive a job description and work instructions. They assume personal responsibility for their actions if they exceed these instructions and/or the delegation of the Management or the General Assembly.

9.3 The Secretary-General reports to the Management and receives instructions from them.

9.5 When the position of the Secretary-General is vacant, it is temporarily occupied by the Management, who then combines both roles.

 

Article 10 - Treasurer (see Art. 6.2.b)

10.1 The Treasurer, under their responsibility, establishes or has established the accounts of the Association. They are also responsible for collecting membership fees and, under the control of the Management, making payments and receiving income.

10.2 The Treasurer prepares the financial report presented at the annual General Assembly.

10.3 When the position of Treasurer is vacant, it is temporarily occupied by the Board, who then combines both roles.

 

MEMBERS

Article 11 - Association Members

 

  • Members of the General Assembly
  • Honorary Members
  • Benefactor Members (see Art. 5)
  • Beneficiary Members

 

11.1 Members with decision-making powers are members of the General Assembly.

11.2 Honorary Members are those who have rendered notable services to the Association. They are exempt from paying membership fees.

11.3 Benefactor Members are individuals who financially support the Association (see Art. 5).

11.4 Beneficiary members are any person who has parental authority or guardianship over one or more children of age to engage in extracurricular activities and who pays an annual membership fee.
11.5 Members (refer to Art. 11.2 to 11.4) do not have the right to vote and do not participate in the General Assembly.

 

Article 12 - Admission

12.1 The Association is open to all without conditions or distinctions.

 

Article 13 - Membership Fees
13.1 Honorary members are exempt from paying membership fees.

13.2 Benefactor members pay an entrance fee of CHF 1000.- and an annual membership fee of CHF 1000.-. If the benefactor wishes, they can contribute a higher amount.

13.3 Beneficiary members annually pay a sum of CHF 50.- as a membership fee.

13.4 The membership fees may be adjusted each year by the General Assembly.

 

Article 14 - Members' Rights
14.1 All members have the right to request that the Association pays for the expenses of extracurricular activities for their children.

 

Article 15 - Resignation and Exclusion
15.1 Resignations must be submitted in writing or by email to the Office within 30 days before the end of a month.

15.2 Resignations do not entitle members to any reimbursement.

15.3 The General Assembly may exclude a member when:

 

  • They have not fulfilled their financial obligations to the Association.
  • They have caused significant harm to the Association or one of its members.
  • They have not complied with the present statutes and/or the regulations of the Association.


15.4 Exclusion is pronounced without giving reasons (Art. 72 CC) and cannot lead to any legal action.

 

FINANCIAL SUPPORT

Article 16 - Scope of Assistance
16.1 Any third party can apply for financial assistance or support for the expenses of extracurricular activities for children or adolescents. (see Regulations adopted by the General Assembly)
16.2 The assistance ceases when the beneficiary reaches the age of 19.
16.3 The calculation and scale system may be adjusted each year by the General Assembly.

 

REGULATIONS

Article 17 - Internal Regulations
17.1 Internal regulations can be established by the Management, which must then be approved by the General Assembly.
17.2 These potential regulations are intended to determine various points not provided for in the present statutes, particularly those related to the internal administration of the Association.

 

Article 18 - Revision
18.1 Points 7.6 and 19.2 cannot be modified or deleted.
18.2 The General Assembly may revise the present statutes at any time, except as mentioned in point 15.1. The modification of the statutes must be accepted, in the final vote, by two-thirds of the present votes and, at least, by half of the members of the Petite Bouée Association. In case of a tie, the President will make the final decision.

 

DISSOLUTION

Article 19 - Conditions
19.1 The dissolution of the Association can only be pronounced by the extraordinary General Assembly specially convened for this purpose. This assembly must gather three-quarters of all founding and co-opted members. If this majority is not achieved, a new assembly will be convened within 20 days, and the decision will be made by the majority of the members present.
19.2 In the event of dissolution or departure abroad, any remaining assets will be transferred to a Swiss institution exempt from taxes due to its public utility or public service purpose. If no institution is chosen, the remaining assets will be allocated to the Confederation, cantons, municipalities, and their establishments.