STATUTE OF ASSOCIATION SHINING DAWN
Chapter I
General statutes


Statute 
Art. 1. (1) Association "Shining Dawn", hereby termed "the Association", as a non-profit organization is legal entity, whose activities are carried out in accordance with the Law on legal entities profit, the statute of the Association and the decisions of the General assembly. 
(2) The Association determined to carry out socially useful activity. 
(3) The Association is responsible for its liabilities with its property 
(4) The Members of the Association are not liable for the obligations of the Association. 

Name 
Art. 2. (1) The name is ASSOCIATION "SHINING DAWN". 
(2) The name of the Association, together with an indication of the seat, address and BULSTAT be placed on all documents and publications arising from it.

 

Seat and address

Art. 3. The seat and address of the Association is: Shumen 9700, 5 Liljana Dimitrova Str.

Term
Art. 4. The Association is not limited by time or other term by the statute.
Art. 5. The Association may establish branches. Branches are created by decision of the governing council.

Determination of activity

Art. 6. (1) As a non-profit organisation Association “Shining Dawn” directs all its activities for the benefit of society as follows:
1.    to work for the well-being of people with mental/psychic disabilities, including their physical, health, social welfare using all means to develop their potential; 
2. to represent and protect the interests of people with mental / psychic disabilities to public authorities and public organizations; 
3. to work for positive change in the attitude of society towards persons with mental / psychic disabilities and their problems; 
4. to promote the realization of the highest standards of diagnosis, therapy, education, training and job placement for people with mental / psychic disabilities and supervise their implementation; 
5. to provide knowledge, advise and assistance to parents of people with mental / psychic persons with disabilities in their care for them; 
6. to offer the public authorities projects for bills and other legal documents to protect the rights of these people and to ensure compliance with existing regulations; 
7. to contribute to the creation of local Associations in support people with mental / psychic disabilities; 
8. to promote interaction between those involved with the activities in this area and other organisations.
(2) the Association may conduct any activity authorized by law guaranteeing the financing of programs serving its objectives and tasks. 

Goals 
Art. 7. The main goals of the Association consist in: 
1. Making mental health a core value of society and protecting the rights of people with mental / psychic disabilities. 
2. Promoting social integration and personal realization of disabled people from different age groups. Stimulating the physical and creative potential of people with disabilities and people from different social groups by disseminating information and knowledge systems and development of self-restoration ability to concentrate attention, creative visualization and personal will of the people with disabilities.

3. Promotion of activities related to people with mental / psychic disabilities. 
4. Promotion of international programs and research in mental health.

5. Organising clubs of interests for people with mental disabilities. 
6. Building a family-counselling centres where people mental / psychic disabilities and their families be able to obtain professional health, legal and social consultation. Building multidisciplinary services for people with special needs and their families consistent with the strategy of the Association. 
7. Deinstitutionalization of people with mental disabilities, and gradually building day care centres, sheltered homes, labour therapy workshops for people with mild and moderate impairment. 
8. Protection of the interests of the Association in accordance with the laws of the country, to raise the profile and improve the material and social standing of the members of the Association.


Means of achieving objectives

 Art. 8. Means by which the Association will achieve its objectives are: 
1. Creation of adequate education for people mental / psychic disabilities; 
2. Building centres supporting the reintegration of people with mental / psychic disabilities; 
3. Offering of consultations and support for the people with mental disabilities and their relatives. Offering advice and assistance to persons with mental / psychic disabilities, and their families; 
4. Organisation of education and training programs, conferences and seminars for relatives of people with mental disabilities 
5. Organisation of seminars, conferences and other forums on the problems of people with mental disabilities 
6. Publishing 
7. Organisation of exhibitions, concerts, concourses, bazaars and other charity events. 
8. The governing council establishes and maintains contacts and cooperation with organizations, funds and other organisations abroad and home in order to achieve its goals. 
9. Studies and other educational activities on conservation and restoration of mental health 
10. Training of health professionals in the field of social psychiatry, through courses, seminars, organization of interest clubs for people with mental disabilities 
11.    Promotion of international programs and research in the field of metal health.

12.    Cooperation with national and international institutions dealing with the problems of mental health



Chapter II

 

Membership
Member’s rights and obligations

Art. 9.

(1) Membership in the Association is voluntary. Members could be physical persons.
(2) Member of the Association could be juridical persons, who shares the goals of the Association and the means for their realisation, abide by the statutes and pay regularly their membership fee.
Art. 10. Every member of the Association has the right:
1.    to take part in the activity of the Association and the work of the General assembly;
2.    to be elected in it is executive bodies;
3.    to implement control over the work of the Association and its executive bodies;
4.    to be informed about the activities of the Association;
5.    to make use of the property and the results of its activity.
Art. 11. Every member of the Association has the obligation to:
1.   to pay its monthly membership fee. The newly admitted members begin to pay their fees from the month, in which there has been issued a decision for their acceptance.

2.    to abide by the statues of the Association and work for the realisation of the goals listed in it;
3.    to work for the preservation of its property of the Association and the elevation of its social standing.

Admission to membership
Art. 12. The members of the Association are admitted by the Management Board . The candidates submit a written application to the Executive council who considers the application in one month period. The decision for admission of new members is taken by open vote and simple majority.

 

Termination of membership
Art. 13. (1) Membership is terminated:
1.    by individual voluntary act;
2.    by expulsion;
3.    by termination of the existence of the juridical person which is member of the  Association;
4.    by termination of the Association;
5.    for dropping out. 
(2) The decision for exclusion is taken by the Governing Board of the Association in the presence of the fault, which makes further membership incompatible. Exclusion decision may be appealed to the General assembly. 
(3) The disappearance of membership occurs when there is no systematic payment of member fees for a period of one year and opt-in system operation. In such case the Governing Council takes a decision and issues a dropping note to terminate the Membership. 



Chapter III 
Property 


 


Art. 14. The property of the Association shall consist of ownership of other real and basic working capital, receivables and other rights according to existing regulations. 

Sources of finance for the Association 


Art. 15. All members are obliged to pay their membership fees. The term for payment is the 30th day of each month. An interest is due on unpaid membership fees, equal to the main interest percent determined by BNB 


Art. 16. Membership fee is paid through bank transfer. 


Art. 17. The size of the membership fee is determined by the Governing council. 


Art. 18. The branches of the Association are obliged to transfer 50% of their membership fees to the main budget. 


Art. 19. The Association in the face of The governing council could receive donations from individuals and legal entities to contract for sponsorships and donations. 


Art. 20. The Association may conduct business related to its scope of activity. Transaction of business is subject to the conditions and procedures set by Commercial Law. Implementation and monitoring of doing business is the responsibility of the Governing Council. In case of losses, according to the annual balance sheet, General assembly may decide to cover them with additional contributions from the Members. 


Art. 21. (1) The Association may freely dispose of property and carry out the activity aimed at achieving the targets set under this statute. 
(2) The selection of individuals to be aided and the means of their aid by the Association are carried out according to the purpose and the financial resources of the Association, is under the stated terms and rules for the activity of the Association. Information about the order upon which the selection is open and fitted in the central register. 
(3) Free spending of property of Association is required a motivated decision of the General assembly with a majority of two-thirds of its members, and be for the benefit of: 
1. persons who were members of its other organs and their spouses, their relatives in a straight line - no restriction on collateral - to the fourth degree or by marriage - to the second degree; 
2. persons who were part of the composition of its governing bodies for two years before the date of decision; 
3. legal entities, which have financed the organization for three years before the date of decision; 
4. legal entities, in which those persons in b. A and b. "B" are managers or may impose or hinder decision-making. 
(4) Association can not enter into transactions with persons under paragraph 3 b. of this statute as well as with legal entities, in which those persons are managers or may impose or hinder decision-making, unless the transactions are in obvious benefit of the Association have been concluded or when the conditions are publicly announced.

 


CHAPTER V
Governance



Art. 22. The governing bodies of the Association are the General assembly and the Management Board .
Art. 23. All members of the Association participate in the General assembly. 
Art. 24. Members which are legal entities are represented in the General assembly by their legal representatives or by persons with expressly authorization. Authorised representatives of natural or legal persons can only be individuals. 
Art. 25. The warrants to be issued specifically for participation in the General assembly of the Association, may be issued for a limited or unlimited number of sessions of the meeting. 
Art. 26. (1) The powers of the General assembly are to: 
1. change and fill the Governing council; 
2. elect and dismiss members of the Management Board and determine their remuneration; 
3. transform and terminate the Association; 
4. make the budget; 
5. accept the activity report of the Management Board;

6. revoke decisions of other authorities which contravene the law, the statute or other internal acts regulating the activities of the Association. 
(2) The General assembly can decide to create Expert Council (EC), which is an independent body of the Association, consisting of at least 5 representatives. EC members are elected by the Board. The governing council shall adopt rules for the organization and operation of the EC. 
Art. 27. (1) General assembly is called by the governing council on its initiative or at the request of one third of the members of the Association, in the place where it is established. If a meeting is called at the request of one third of the members, the Board does not send a written invitation to convene the General assembly and it shall be convened by the court at the seat of the Association upon written request of the interested members or person authorized by them. 
(2) The invitation has to contain the agenda for the session, the date, the hour and place of the meeting of the General assembly, including a note on whose initiative it is called. 
(3) The invitation is published in the Official Gazette and placed on the notice board in the building which houses the management of the Association, at least one month before the scheduled day. 
Art. 28. The papers concerning the agenda of meeting of the General assembly, must be made available to the members in the seat of the Association prior to the date of the publication and / or sending the invitations for the gathering of the General assembly. If demanded, it has to be freely supplied to every member. 
Art. 29. A list of the attending members or their representatives is prepared during the session of the General assembly. The list is authenticated by the chairman and the secretary of the General assembly. 
Art. 30. General assembly is lawful if it is attended by half of the members of the Association. In the absence of quorum, the meeting is adjourned for one hour at the same place and under the same agenda and can be held with the members present. 
Art. 31. (1) Each member of the General assembly shall have one vote. 
(2) Member and representative of a member in the General assembly may not vote in resolving issues relating to him, his spouse or relatives in a straight line - no restrictions on collateral - to the fourth degree or by marriage - up to second degree, and may not aloud in resolving issues relating to legal entities, in which he is a manager or can impose or block decisions. 
(3) One person cannot represent more than 15 members of the General assembly on the basis of written authorization. Re-authorization is not allowed by the statute. 
Art. 32. (1) Decisions of the General assembly shall be taken by those present. 
(2) Decisions of the General assembly for amending and supplementing the statute and transformation or termination of the Association, shall be taken by two-thirds of those present. 
(3) Matters which are not included in the invitation to the announced agenda may not be discussed. 
Art. 33. For the session of General assembly it is required that a protocol will be signed by the chairman and secretary of the meeting by the tellers. To the protocol are attached the minutes from the meeting and the list of documents related to the convening of the General assembly.  

Art. 34. (1) The Association is governed and represented by the Governing council.

(2) Members of the governing council are elected by the General assembly for a period of five years.
(3) The governing council has five members elected by the members of the Association. Members of governing council could be re-elected with restriction.
Art. 35. The governing council chooses its chairman.
Art. 36. Powers of the governing council: 
1. Represents the Association, and identifies the representative power of its individual members; 
2. Ensures implementation of decisions of General assembly; 
3. Takes decisions on the adoption and release of members of the Association; 
4. Decides on the amount of membership fee or property contributions; 
5. Appoints and dismisses the certified public accountants;
6.    Prepares and present to the General assembly a budget proposal;
7.    Prepares and present to the General assembly a report on the activity of the Association;
8.    Determine and organise the activities of the Association  and assume responsibility for it;
9.    Determines the address of the Association;
10.   Takes decisions on all issues which by law or this statute do not belong to other governing body.
11.    Meets its obligations envisaged by this statute.
Art. 37. (1) The meetings of the governing council are called and chaired by a chairman. The chairman is obliged to call meetings of the governing council in case of written request of at leas one third of its members. If the chairman does not call meeting of the governing council in 7 days, it could be called by any of the interested members of the governing council. In case of the chairman’s absence, the meeting is chaired by a member chosen by the governing council.
(2) The governing council can take decisions if more than half of its members are present of its meetings. Present or in attendance is a person, who has conference telephone line or other communication line (Skype, etc), which could guarantee to the identity of the person and could allow her or him to take part in the deliberation and the taking of decisions. The vote of this member is included in the protocol of the meeting by the chairman.

(3) Decisions are taken with majority of those present, while the decision in accordance with  Art. 14, line 2 Art. 31, point 3 and 6 from the Law for non-profit legal entities is taken with majority of all members.
(4) The governing council can take a decision also without the call of the General assembly, if the protocol on the taken decision is signed by all members of the council with no objections or qualifications.

Art. 38. The members of the Management Board have the right of remuneration. The decision for this is taken by the Management Board with a full majority.


CHAPTER V
Obligation to keep books 


Art. 39th. (1) The Association keeps books for minutes of the meetings of the collective bodies. The persons chairing the meeting and preparing the minutes are responsible for verifying the correctness of its contents. 
(2) The Association reports on its activities annually, which contains data on: the work carried out, its expenditures in relation with the objectives and programs of the Association and the results achieved; as well as the amount of grants received and the property income from other activities to raise funds.

 


CHAPTER V
Transformation



Art. 40. The Association cannot be transformed from a juridical person with non-profit goals to an organisation working for the realisation of activities with the goals of personal gain.



CHAPTER V
Termination and liquidation



Art. 41. Association is terminated:
1.    by decision of the General assembly;
2.    in case of declaration of insolvency;
3.    by a decision of the regional court at the seat of the Association in the cases defined by the Law for the juridical persons with non-profit goals.
Art. 42. (1) In case of termination there is liquidation of the Association, expect for the case in which there is transformation. 
(2) The liquidator is obliged under the actual conditions to satisfy the creditors of the Association of cash, if possible - by cashing first the movable, then the real property of the Association. In no way can property be transferred to persons listed in Art. 43 paragraph. 2 of the legal entities’ profit. 
(3) The property which has remained after satisfaction of creditors, is provided to a non-profit  legal entity with the same or similar objectives and activities. If property is not provided in the aforementioned manner, it is transmitted to the municipality in which the Association had its seat. The municipality is obliged to use the property for charitable activities as close as possible to the objectives of the liquidated legal entity. 
Art. 43. The current statute comes into force from the date of the registration of the Association "Shining Dawn" 


For issues not dealt with in this statute applies the Law for non Profit organizations.