Constitution
ARTICLES OF THE ASSOCIATION
PART I
Aims and functions
Art. 1: The Association hereby is established in line with art. 36 of the Civil Code, and is to be known as the Italian Flight Safety Committee, in short IFSC and has its seat in Fiumicino (RM).
Art. 2: The association is apolitical and non-profit-making.
Its intent is to contribute to the continuous improvement of the safety of the air transport particularly through scientific research and to widen general interest in flight safety.
To that purpose, regular meetings of members will be organized by the association, preferably on a monthly basis aiming to:
- encourage and favourite the exchange of important and new information related to flight safety;
- to inform on the latest and highest standards of safety in air transport;
- to assist the members in the preparation of the formation of air transport associations;
- to improve and develop the highest level of professional experience in flight safety;
- to activate an appropriate relations with the aviation authorities on specifics aspects of the improvement of flight safety;
- to increase the dissemination of useful information and strengthen cultural awareness of matters inherent to aviation affecting the general public;
The Association’s activities are not to extend beyond those afore-mentioned. Discussion during the periodical meetings are not to be limited by, or otherwise hampered, or influenced by the institutional roles of the individual members. Additional funds may be sought, if necessary, in line with the nature and aims of the Association.
Art. 3: The association can cooperate with other organizations in the development activities in line with their own purposes. The association must nevertheless maintain its independence from governmental organs of private and public organizations in the same field, trade unions and other professional organizations.
Art. 4: Organs of the association:
- The General Assembly of the members,
- the President,
- the Steering Committee,
- the General secretary,
- the Treasurer.
No payment is due to any organ of the Association.
In support of the organs of the Association an officer will be responsible for External Relations; he will participate in the Steering Committee. No payment is due to this position.
Part II
Membership
Art. 5: The Association is constituted by:
Fee-payment Members;
Honorary Members.
Those entitled to become members of the Association are usually Companies dealing with Air Transport, Maintenance Companies, Companies of Management and Handling, Construction Firms, Professional Associations, Civil and Military Aviation Authorities and all those linked to the Aeronautical Sector in general.
They are represented in the Assembly by their delegates whose activities should be concerned with the security and quality of the air transport.
Membership of the Association is on an annual basis, subject to annual review by the Steering Committee and necessities the payment of an annual fee, with the exception of Honorary Members
Members not in order with payment of the annual fee will be considered as having resigned if after being reminded of the need to regularize their position, they do not do so within an agreed period.
Art. 6: Members undertake to observe the Articles of this Association and to cooperate in the achievement of its aims, providing pertinent information on their own professional activities as appropriate.
Art. 7: Notice of withdrawal from the Association must be submitted to the President in within six months in advance of the effective date.
Part III
The General Assembly
Art. 8: The Assembly defines the general purposes of the Association in relation to the activities assigned to the members.
The Assembly has also the authority to:
- appoint the President;
- appoint the Secretary-General;
- appoint the Treasurer;
- appoint the members of the Steering Committee;
- appoint an Auditor;
- deliberate on the admission of new members;
- approve the financial report and accounts, as well as the financial status;
- approve the amount of annual membership fees;
- decide on capital investments;
- deliberate the dissolution of the Association and the disposal of the relative property.
The Assembly of the members approves the budget proposals and the amount of future membership fees.
In the first half of the year, a meeting of the Assembly is summoned by the President, to deliberate on the economic and financial status and accounts. The members are informed of the meeting’s date and agenda by registered letter or by any other means the President may consider appropriate.
Art. 9: All members, in order with the payment of the annual fees are entitled to attend the Assembly.
The Assembly is considered valid with the presence of at least 50% of members.
Art. 10: The meeting decides , by a show of hands and with a majority of the votes of the members present the exception of what is foreseen in art. 16 and 17 concerning the nomination of Secretary General and of the Treasurer.
In the case of parity, the President has a casting vote.
Art. 11: The Secretary General is responsible for the preparation of the Assembly’s records. Reports require the signature of the president and Secretary General of the Association.
Art. 12: An Extraordinary Assembly may be called by the President, or at the request of at least one-third of active members.
Art. 13: The aims of the association (see art. 2 and 3), can modified only with the consensus of all members.
To be valid, Extraordinary Meetings of the association require the presence of at least fifty percent of the members, and decisions require the agreement of at least two-thirds of those present.
An extraordinary Assembly, in line with the above, may decide on changes to the Statute of the Association including its dissolution together with the relative reassignment of property.
Part IV
The President
Art. 14: The President is chosen from the members and elected with the majority of votes as provided for in preceding art.9.
The President, legal representative of the Association, holds office for one year, and maybe re-elected once only for the same period. He is responsible to the Assembly, who can revoke his nomination.
The President is responsible for the observation of the Law and of this Statute.
The President may also:
- present to the Assembly and to the Steering Committee those proposals he considers to be in the best interests of the Association;
- ensure good relations and agreements with other operators in the same field, relative Associations and organizations;
- nominate an officer responsible for External Relations Officer.
Part V
The Steering Committee
Art. 15: The Steering Committee is composed of:
- the President of the Association;
- the Secretary-General;
- the Treasurer;
- six Members chosen from the Assembly with the majority foreseen in the preceding art. 9.
- The elected Members hold office for four years, and in the absence of any contrary indications, maybe re-elected.
The Steering Committee has all the powers necessary for the ordinary and extraordinary administration of the Association without limitation except for those foreseen by law and by the Statute of the Association.
Notably, the duties of the Steering Committee include:
- prepare and approve the provisional budget, the financial statement and financial status for submission to the Assembly;
- propose to the Assembly the amount of annual membership fees.
The Steering Committee may also nominate Working Groups and committees to deal with the coordination of institutional activities.
The Steering Committee requires a quorum of at least 50% of its members and decisions must be taken by absolute majority votes.
Part. VI
The Secretary-General
Art. 16: the Secretary-General is responsible for the implementation of decisions and lines of action as approved by the Steering Committee, as well as being active in any other area considered opportune by the Assembly. He is responsible to the President and to the body of Assembly who may revoque his nomination.
The Secretary General is responsible for the administration of the Association; and supervises its organization and personnel ensuring correct observance of all that is necessary for its normal functioning.
In particular he:
- ensures day-to-day administration;
- participates in the administrative management;
- hires personnel deciding on duties and emoluments;
- appoints technical consultants; deciding on their honoraria;
- draws up contracts;
The Secretary-General may be chosen from outside the body of Members, and is nominated with a majority of at least two-thirds of the Members present in assembly.
The Secretary-General’s nomination is for four years and may be renewed.
In the case of temporary absence of the President, or by his specific or general delegation, the Secretary General carries out presidential functions, representing the Association also in relationships with third parties.
Part VII
The Treasurer
Art. 17: The Treasurer, nominated by a majority vote of at least two- thirds of Members present in assembly, may be chosen from outside the body of Members and holds office for a period of four years, renewable.
The Treasurer’s duties are the following:
maintain the accounts;
attend to the economic, financial and fiscal aspects of Association;
act as cashier and be responsible for Association’s property;
prepare the provisional budget, the financial statement and financial status for submission to the Steering Committee;
present the provisional budget to the assembly as well as the financial statement and financial status, together with a statement.
The Treasurer is responsible to the President and to the Assembly of Members, who may revoke his nomination.
Part VIII
Administration
Art. 18: Administration Year
The administration year is from 1st January to 31st December of each year.
Art. 19: Patrimony
The income of the Association consists of:
- membership fees;
- public and private contributions;
- the income from institutional activities;
- donations, grants and funds from other appropriate sources.
Membership fees may not be re-assigned or transferred for use elsewhere. It is forbidden to redistribute, even indirectly, funds, reserves or excess capital during the life of the Association, except when and as dictated by law.
The Association may, however, conduct financial and real estate transactions in best interests of the Association.
In the case of dissolution of the Association, its entire patrimony would have to be transferred to another Association with similar purposes, or to a public enterprise, unless foreseen otherwise by the law.
Art. 20: Auditor.
The Assembly nominates an external auditor for a period of two years, renewable.
The auditor, chosen by a majority vote of the Assembly, as foreseen in the preceding art. 9, will review the administration of the Association and the financial accounts
Art. 21: Final Provision
Any disputes arising within the Association, or concerning the Association and its activities, except those which cannot legally be handled by arbitration, are to be referred to a single arbitrator under art. 806 ( and subsequent relevant articles) of the Civil Code.
Arbitration would take place in Rome, the Arbitrator being nominated by the President of the “Tribunale di Roma”. The request for nomination as President could be made by any member of the Association.
Any eventual disagreement as to the competence of judicial authorities, would come under the authority of the “Foro di Roma”
Any circumstance not specifically foreseen in this Statute would be dealt with under normal provisions of the law.
