| CONSTITUTION OF
THE MALAYSIAN ASSOCIATION IN FRANCE |
| |
| Article 1 : |
Name of Association |
| The name of the Association shall
be the Persatuan Rakyat Malaysia di Perancis
/ Association des malaisiens en France / Malaysian
Association in France, hereinafter referred
to as MAF. |
| Article 2 : |
Address of Association |
| The address of the association shall
be: |
|
Embassy of Malaysia
2 Bis, Rue Benouville
75116 Benouville
Paris
France |
| Article 3 : |
Objectives of Association |
| 1. |
MAF shall be a non-governmental,
non-political and non-profit organisation; |
| 2. |
The objectives of MAF are to bring
together Malaysians through educational, social,
cultural and economic activities, and to promote
the interests of its members and to foster Malaysia/France
understanding and co-operation and include; |
| |
a. |
Disseminate information among members; |
| |
b. |
Participating in activities relating
to exploring educational, social, cultural and
economic collaboration, opportunities and promotions
organised by the French and other relevant French
organisations and authorities; |
| |
c. |
Organising meeting between its members
and the relevant organisations and authorities
in France on social, cultural and economic matters; |
| |
d. |
Co-operating with local and national
authorities to seek Members' feedback on laws,
regulations and procedures relevant to enhance
the attractiveness and effectiveness of French
collaborative undertakings; |
| |
e. |
Through the Executive Committee
of the MAF, submitting petitions and suggestions
to the French authorities in order to protect
legitimate interest of its members and to contribute
to the creation of a co-operative environment; |
| |
f. |
Publishing and distributing news
bulletin in accordance with the Law on Publication
in France; |
| |
g. |
Promoting business ties between
Malaysia and France for the mutual benefit of
members and their French counterparts. |
| 3. |
In addition, the primary activities
of MAF will be to: |
| |
a. |
Arrange functions amongst its members,
with the members of other associations, both
foreign and domestic, French authorities and
with Malaysian educational, social, cultural
and economic delegations visiting France; |
| |
b. |
Promote educational, social, cultural
and economic activities for its members; |
| |
c. |
Organise seminars and dialogues
on relevant educational, social, cultural and
economic topics of interests to members; |
| |
d. |
Create and maintain a good general
Malaysian image, and to protect the reputation
and standing of Malaysia as a whole among citizens
of France; |
| |
e. |
Raise funds through various lawful
means, to meet the operational costs of MAF; |
| |
f. |
Support appropriate charitable/educational/social/cultural/economic
organisations; |
| |
g. |
Undertake such other activities
as may from time to time be permitted under
the laws of France. |
| Article 4 : |
Membership |
| 1. |
Categories of Membership |
| |
The MAF shall comprise the following
categories of membership: |
| |
a. |
Ordinary Members: companies/corporations/organisations
in good standing which are incorporated in or
established under the laws of Malaysia (herein
referred as "Malaysian-registered companies/societies/associations"),
and which have a legal presence in France in
a form permitted by the laws of France; |
| |
b. |
Ordinary Individual Members; citizens,
students and permanent residents of Malaysia,
aged 18 years and above, who are in good standing
and interested in educational, social, cultural
and economic and/or other permitted activities
in France, and are ordinarily residents in France; |
| |
c. |
Associate Members; open for anyone
in good standing working in France under Malaysian
or non-Malaysian companies/corporations/ organisations/
societies; |
| |
d. |
Companies and individuals may apply
for membership and the Executive Committee of
the Association shall determine acceptance.
No reason need be given in the event of a rejection. |
| 2. |
Application for Membership |
| |
a. |
Application for membership shall
be made on the form prescribed for such purpose
by the Executive Committee and shall be delivered
to the Association or to any of the Executive
Committee members; |
| |
b. |
The Executive Committee shall vet
and determine all applications for membership.
No reason need be given to any candidate for
membership whose application is rejected although
a written appeal can be made to the Executive
Committee. The decision of the Executive Committee
on such appeals shall be final and binding. |
| 3. |
Resignation from Membership |
| |
Any Member desiring to resign from
membership must deliver written notice of resignation
to the office address of the Association or
through any of the Executive Committee members.
Every resignation notice shall be deemed to
take effect on the date stated in the notice,
or, on the date that such notice is received
by the Association, whichever is later. |
| 4. |
Expulsion |
| |
The Executive Committee may, by
notice in writing, have the right at any time
to expel any member if, in the opinion of the
Executive Committee: |
| |
a. |
such member has breached the Constitution
of the Association; |
| |
b. |
such member has conducted himself/herself
in an unbecoming manner; or |
| |
c. |
allowing such member to remain as
a member would bring discredit to the Association. |
| |
A member may appeal to the Executive
Committee against such decision within 30 days
of receiving such notice. The Executive Committee
shall consider such appeal and its decision
shall be final and binding on the member. |
| 5. |
Termination of Membership |
| |
5.1. |
Membership will be terminated if
a Member: |
| |
|
a. |
dies; |
| |
|
b. |
resigns; |
| |
|
c. |
is declared a bankrupt by a court of competent
jurisdiction; |
| |
|
d. |
ceases to qualify for membership under his/her
category of membership; |
| |
|
e. |
is expelled under (4) above; |
| |
|
f. |
is in arrears of payment of any Fees (as defined
in the Article 6) or of any other additional
contributions and charges required to be paid
to the Association; or |
| |
|
g. |
is declared by a court of competent jurisdiction
to be legally or mentally incompetent. |
| |
5.2. |
Each Member shall on termination
of his/her membership of the Association for
whatever reason, forfeit all rights to and claims
upon the Association, their property and funds. |
| Article 5 : |
Rights and Duties of Members |
| All members shall enjoy the following
rights: |
| |
a. |
To use any facilities provided by
the Association for the general use of its members; |
| |
b. |
To attend Annual General Meetings
and Extraordinary General Meetings of the Association;
|
| |
c. |
To attend functions and activities
arranged by the Association; |
| |
d. |
To be eligible to receive assistance
and advantages within the scope of the objectives
of the Association; |
| |
e. |
Members shall comply with this constitution
and policies and rules of the Association, as
amended from time to time; and |
| |
f. |
No member shall, by reason of membership
of the Association, be liable for any debts
or obligation of the Association in the absence
of an express written promise to accept such
liability. |
| a) |
Voting rights: |
| |
Each Ordinary Corporate/Organisation
Member and Ordinary Individual Member shall
be entitled to one vote at General Meetings
of the Association. The country representative
appointed by an Ordinary Corporate/Organisation
Member shall be entitled to one vote. No other
members shall be entitled to vote. |
| Article 6 : |
Subscription Fees |
| 1. |
The annual subscription fees shall
be payable on joining and on an annual basis.
Annual fee for Ordinary Corporate/Organisation
Membership shall be (€160.00) per calendar year;
for Ordinary Individual Membership shall be
(€16.00) per calendar year; for Family Membership
shall be (€32.00) shall per calendar year; for
Student Membership shall be (€8.00) per calendar
year; and (€16.00) per calendar year for Associated
Membership, or such sum as the Executive Committee
may from time to time determine. |
| 2. |
Subscription fees shall be payable
annually on the 1st of January of each calendar
year or on the date of election to membership
in the case of a member becoming a member during
a calendar year. |
| 3. |
Subscription fees payable will be
retained to meet the ongoing costs of the Association. |
| 4. |
Subscription fees shall be payable
to the Treasurer by cash or such other method
as may be acceptable to the Treasurer. |
| 5. |
All subscription shall be pro-rated
for members joining during the calendar year. |
| 6. |
No refund of subscription will be
given should a membership cease for any reason
during the year. |
| 7. |
Membership shall be terminated if
the annual subscription fees are not renewed
within the first 90 days after two reminders
have been received by the member concerned.
Should a period of six months pass by without
payment the membership shall expire without
further notice. |
| Article 7 : |
Patron |
| The Association shall have a Patron
who is the Ambassador of Malaysia. |
| Article 8 : |
Executive Committee |
| 1. |
The Association shall have an Executive
Committee, which shall be responsible for the
day to day running of the Association. |
| 2. |
The Executive Committee may form
sub-committees from time to time to assist in
the running of the Association. |
| 3. |
The Executive Committee shall comprise: |
| |
- |
One (1) President |
| |
- |
One (1) Vice President |
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- |
One (1) Secretary |
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One (1) Treasurer |
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- |
One (1) Ex-Officio (from the Malaysian
Embassy) and |
| |
- |
Five (5) to Eight (8) Committee
Members. |
| 4. |
Duties of Members of Executive Committee. |
| |
4.1. |
The President |
| |
|
a. |
The President of the Association shall exercise
general supervision over the affairs of the
Association, and represent the entire Association
in external relations. |
| |
|
b. |
The President shall be the Chairman of all
meetings of the Executive Committee and meetings
of the Association. In his/her absence, the
Vice-President shall take his/her place. |
| |
|
c. |
In the event of any dispute regarding the
interpretation of any rules of Constitution
or any by-laws, the decision of the President
shall be final. |
| |
|
d. |
In any meeting of the Association or any other
meeting of the Executive Committee there shall
be an equal number of votes for or against a
motion, the Chairman of the meeting shall, in
addition to own vote, have a casting vote. |
| |
4.2. |
The Vice President shall assist
the President in his or her functions. In the
absence of the President, the Vice-President
shall have the same powers and authority as
the President. |
| |
4.3. |
The Secretary keeps all records,
except financial records, including membership
records, minutes of all Annual General Meetings,
Extraordinary General Meetings of Association.
Records kept by the Secretary shall be available
for perusal only by any member of the Association. |
| |
4.4. |
The Treasurer shall keep all funds
and collect all monies on behalf of The Executive
Committee of Association. The Treasurer shall
keep a correct account of all financial transactions
of the Association. |
| |
4.5. |
The Ex-Officio shall be an officer
of the Malaysian Embassy, appointed by the Malaysian
Ambassador to this position in the Executive
Committee. |
| 5. |
All positions in the Executive Committee
other than the Ex-Officio shall be elected at
the Annual General Meeting. Each elected Committee
member shall hold office until the next Annual
General Meeting and shall be eligible for re-election. |
| 6. |
The Executive Committee may, from
time to time, co-opt members to the Executive
Committee on an ad hoc basis. |
| Article 9 : |
Election of Executive Committee Members |
| 1. |
Election shall be on a secret ballot
or by show of hands, as determined by the members
at the Annual General Meeting. |
| 2. |
Election of a new Executive Committee
shall take place at every Annual General Meeting. |
| 3. |
All candidates for election to the
Executive Committee shall be proposed and seconded
by members of the Association. |
| 4. |
Nominations may be made at the Annual
General Meeting or in writing to the Secretary
at least three days prior to the Annual General
Meeting. |
| 5. |
The office of President, Vice President,
Secretary and Treasurer shall each be individually
voted upon. The Committee Members shall be the
5 (five) persons obtaining the 5 (five) highest
votes on a single ballot. |
| 6. |
If any Executive Committee member
is temporarily unable to perform his/her duties,
a replacement may be co-opted by the Executive
Committee. If an Executive Committee member
is unable to complete his/her term of office,
a replacement may be co-opted by the Executive
Committee. |
| Article 10 : |
Powers and Duties of the Executive Committee |
| 1. |
The general management of the MAF
is vested in the Executive Committee |
| 2. |
The Executive Committee may from
time to time make, vary and revoke by-laws (not
consistent with the Constitution) for the regulations
of the internal affairs of the Association and
the conduct of members in such by-laws shall
be binding on all members. |
| 3. |
The Executive Committee shall be
responsible for carrying out all resolutions
of the Association, and for organising or appointing
members to organise activities for the Association. |
| 4. |
The Executive Committee shall have
full authority to enter into financial transactions
and, generally, to deal in all matters related
to the Association. |
| 5. |
All funds of the Association or
any part of such funds may only be dealt with
by the President, the Treasurer and the Ex-Officio. |
| 6. |
The Executive Committee shall have
the power to obtain, collect and receive money
and funds by contributions, sponsorship, donations,
subscription fees, or any other way. |
| Article 11 : |
Accounts |
| 1. |
The financial year of the Association
shall begin on 1 January in each year and end
on 31 December in the same year, to which day
the accounts of the Association shall be balanced. |
| 2. |
An account book shall be kept at
the address of the Association and made available
for inspection by the Auditor or by any ordinary
member of the Association after giving the President,
Secretary or Treasurer, one-week advanced notice
of his/her desire to inspect the account book. |
| 3. |
The income and property of the Association
whenever and however derived shall be applied
solely towards the promotion of the objects
of the Association. No portion thereof shall
be paid or transferred directly or indirectly
by way of dividend, bonus, profits or otherwise.
However, in the event of dissolution, pursuant
to Article 19, claim shall be binding. |
| 4. |
The Executive Committee may in good
faith direct that payment by way of proper remuneration
and/or reimbursement of reasonable expenses
be made to any officer or member of the Association
for services rendered and/or out-of-pocket expenses
or any other fees or charges incurred on behalf
of the Association (optional). |
| Article 12 : |
Auditor |
| Two members shall be appointed to
serve as Auditor for a minimum period of two
years. The Auditor shall have the right to audit
the account book of the Association at any time
and shall be responsible for certifying all
financial statements. |
| Article 13 : |
Annual General Meeting |
| 1. |
All members will be invited to attend
the Annual General Meeting in order: |
| |
- |
To receive and, if approved, pass
the Account for the preceding financial year; |
| |
- |
To endorse the members elected for
the Committee and to elect two (2) members to
act as auditors for the ensuing financial year;
and |
| |
- |
To conclude any other business as
proposed to the Executive Committee in writing
seven (7) days before the meeting. |
| 2. |
The notice of the Annual General
Meeting shall be sent to all Members not less
than fourteen (14) days before the meeting. |
| 3. |
The president of the Executive Committee
will chair the Annual General Meeting. |
| Article 14 : |
Extraordinary General Meeting |
| Extraordinary General Meeting can
be called at any time either by the Executive
Committee Board or by the written request of
not less than one quarter of the voting members
of the Association. Extraordinary General Meeting
will be called and conducted in accordance to
the "Annual General Meeting" terms. |
| Article 15 : |
Quorum |
| 1. |
The quorum at an Annual General
Meeting or Extraordinary General Meeting shall
be not less than ten percent of Ordinary membership
of the Association present in person or by proxy. |
| 2. |
If a quorum is not present at an
Annual General Meeting or Extraordinary General
Meeting, the meeting shall be adjourned for
two weeks. Members shall be notified of such
adjournment. At the adjourned Annual General
Meeting or Extraordinary Meeting, any number
of members attending such meeting shall constitute
a quorum. |
| 3. |
Any 7 (seven) members of the Executive
Committee present at an Executive Committee
meeting shall constitute a quorum. |
| 4. |
An Executive Committee member shall
be deemed to be present at a meeting of the
Executive Committee if he/she participates by
telephone or other electronic means and all
members participating in the meeting are able
to hear each other. |
| 5. |
A resolution proposed in writing
is sent to all the members of Executive Committee
entitled to receive notice of a meeting of the
Executive Committee and signed and returned
by letter or facsimile by a majority of the
members of the Executive Committee shall be
as valid and effectual as if it had been passed
at the meeting of the Executive Committee duly
convened and held and may consist of several
documents in like form. |
| 6. |
All documents need to be signed
by the President or by any two of the Executive
members. |
| Article 16 : |
Vote |
| 1. |
Only ordinary members may vote at
General Meeting and each ordinary member shall
have one (1) vote at General Meeting, which
they may exercise freely. |
| 2. |
Voting shall be by secret ballot
or by show of hands as determined by the majority
of the members present at such General Meeting. |
| Article 17 : |
Visitors |
| Members may with the consent of
the Executive Committee introduce and entertain
their guests as visitors to the Association.
Any member introducing a guest shall be responsible
for his/her guest strictly observing the rules
and by-laws of the Association. |
| Article 18 : |
Notices |
| Each member shall be obliged to
keep the Secretary informed of that member's
home address or some other address at which
communication may be addressed to him/her. All
notices to members shall be posted by being
affixed in a prominent position at the Association's
premises or at the address of the Association,
save that notices of General Meetings shall
be sent by post or such other means determined
by the Executive Committee to each member's
address. |
| Article 19 : |
Amendment of the Constitution |
| The provision of this Constitution
may be revoked, added to or amended by a resolution
passed by two-thirds or more of the members
present and entitled to vote at any General
Meeting for which notice has been duly given
specifying the intention to propose such revocation,
addition or alteration, together with full particulars
thereof. |
| Article 20 : |
Dissolution |
| If a resolution is passed by a two-third
or more of members entitled to vote at a General
Meeting to dissolve the Association, the Executive
Committee shall take immediate steps to convert
into money all the property of the Association.
The proceeds of such conversion shall be applied
first in meeting all liabilities of the Association
and any balance remaining shall be decided and
disposed of by the Executive Committee to any
charitable/welfare organisations. |
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