Unofficial Statute of the Crodiaspora Association

According to article 13 in the law on associations (“narodne novine” broj 74/14, 70/17, 98/19), the assembly of CRODIJASPORA/CRODIASPORA on the 9^th of July 2020, has enacted:

THE STATUTE

AND FUNDAMENTAL PROVISIONS OF THE

CRODIJASPORA/ CRODIASPORA ASSOCIATION

Article 1

This statute regulated the provisions about:

The name and Headquarters of the Association- CRODIJASPORA/CRODIASPORA (stated in the further text as association)
Who represents the association
The stamp specifications of the association
The association’s activities according to the association’s goals
Goals of the association
The activities that will achieve the association’s goals
The ways of assuring and notifying the public of the activities of the association
Outlining the conditions to become a member, terminate membership, and the rights, obligations, and responsibilities of members. This statute also outlines the disciplinary liabilities of members and the way of handling the membership registry.
The administrative bodies of the association, their structure, ways of calling an assembly, elections, revocation, powers, the decision-making process, length of mandates and the procedure of calling assemblies when at the end of mandates of the executive board and liquidator.
Ways of solving a dispute and conflicts of interest inside of the association
The elections and regulations pertaining to summoning the liquidator of the association
The acquisition, use and disposal of assets of the association
The procedure pertaining to disposing and liquidating assets if the association ceases to exist
The management of a possible profit
And the process in which the association ceases to exist and the process pertaining to assets after the association ceases to exist

Article 2

The name of the association is: CRODIJASPORA/CRODIASPORA

The shortened name of the association is: CRODIA.

The headquarters of the association is: Tituša Brezovačkog 2, 10000 Zagreb. The decision to change the headquarters location is decided by the assembly.

Article 3

The association is registered at the general administrative office (ured za opcu upravu) in the City of Zagreb.

CRODIJASPORA/CRODIASPORA is a non-profit legal entity

Article 4

The association has a stamp

The stamp of the association: is circular in shape with a diameter of 4cm with the wirtten text along the edges of the stamp: CRODIASPORA and the text CRODIASPORA in the middle.

Article 5

The President, First and Second Vice Presidents independently represents the association.

A person with the authority to represent the members of the association:

Answers to the legality of the work of the association
Leads work of the association according to the decisions of the assembly, if the statute does not describe otherwise.
Is responsible for submitting suggestions to the assembly for the financial report
Delivers the records of an assembly meeting to the association office in which the register of association is located.
Enters contracts and undertakes other legal work in the name of the association
Performs other work in accordance with the law, statute, and acts of the association

The assembly can also grant other people the right to represent the association

SECTION II

THE GOALS AND ACTIVITIES OF THE ASSOCIATION

Article 6

The goal of the association is to establish a forum which enables the exchange of ideas and experiences between émigré Croatians and Croatians who live within the republic of Croatia. Crodiaspora promotes co-operation between business entities who operate within and outside of the republic of Croatia.

Article 7

According to the goals in Article 6, the correlating activities of the association are:

promoting meetings between émigré Croatians and Croatians who live within the republic of Croatia.
encouraging cooperation between émigré Croatians and Croatians who live within the republic of Croatia.
connecting émigré Croatians and Croatians who live within the republic of Croatia economically, culturally and in other fields of interest.
Starting initiatives intended for business entities in the republic of Croatia with the goal of advancing business activity within and outside the republic of Croatia.
The promotion of measures that will contribute to protecting the interest of members by organizing round table discussions, lectures, seminars, panel discussions, and other activities.
Maintaining partner relationships with domestic and international business entities within and outside of the Republic of Croatia.
Advocating for the rights and interests of Croatians in Croatia and in the Croatian diaspora.

Article 8

The work of the association is public. The publication of the association’s work is in line with the provisions of this statute, and namely:

Timely membership reporting about the work of the association and significant events, written reports at important gatherings or in another appropriate manner.
Public notification

SECTION III

AREAS OF WORK ACCORDING TO THE GOALS OF THE ASSOCIATION

Article 9

The association according to the goals of the association works to promote and encourage economic and international cooperation

SECTION IV

MEMBERSHIP

Article 10

The executive board makes decisions about accepting members. All people who submit membership requests will be notified of their acceptance into the association in writing.

After a member is accepted into the association, the accepted member will receive a bill with a monetary amount owed for the membership fee which will be due within 3 months of the time the statement is issued to the prospective member. The beginning of the membership period is from when the person pays the membership fee until the next year on the same date.

After becoming a member, members are expected to “duly fulfill their obligations” to the association all while paying their membership fee on time.

Someone becomes a member when it is written in the membership registry which is run by the executive director.

The membership registry is either electronic or is of another acceptable format and it is necessary that it contains members’ name, personal identification numbers, dates of birth, the dates they were accepted into the association, the dates that the membership will expire/member has ended their membership, and other information that the registry finds pertinent to the association.

The membership registry is always available for inspection by members as well as government entities, at their request.

Article 11

A member of the association can become any member or take up any position in the association.

A member of the association can authorize another person to represent them in front of the governing bodies of the association.

Article 12

The assembly at the request of the executive board decides the yearly amount for membership.

The membership fee is established as a yearly, one-time amount.

Article 13

The rights and obligations of a member are:

All members of the association who have duly fulfilled their obligations are authorized to attend and vote at assemblies of the association.
All members are expected to participate in the activities of the association.
Members of the association can enjoy in the benefits resulting from the activities of the association stated in article 7 of this statute.
Protecting and uplifting the public image of the association is expected.
Protecting the tangible assets and executing their commitments as a member of the association.
Members of the association are responsible to work in accordance with the statute and all written rules, ethical principles of the association, as well as day to day business procedures of the association.

Article 14

Membership is terminated when:

When a member voluntarily terminates membership
A member does not pay their membership fee
Exclusion and expulsion of the member

A member is erased from the membership registry without any special decision if the member does not pay the yearly membership fees within 3 months of the issuance of a bill.

The decision to exclude and expel a member from the group is decided by the executive board. It takes 3 (or 4) of the executive board members to vote for exclusion and expulsion of the member.

The procedure to exclude and expel a member is based on the request of at least 3 members of the association. The expelled member has the right within 15 days, accounting from the day the decision was delivered, to submit a complaint to the assembly of the association.

The assembly is responsible to resolve the complaint within 30 days, accounting for the day that the complaint was delivered. The decision taken by the assembly of the association about the complaint, is final.

Article 15

The association can join an alliance of associations and other international NGOs.

The decision to join is made by the assembly.

SECTION V

DISCIPLINARY LIABILITIES OF THE MEMBERS

Article 16

Members of the association accept the obligations and responsibilities which are outlined in the laws, rules and regulations of this statute and other formal acts of the association.

The members of the association are responsible and liable if violating member obligations and responsibilities occur such as the following:

Breaching the legal and other obligations in terms of the activities of the association
Disrespecting the provisions of the statute
Disrespecting the decisions of the governing bodies of the association
Failing to execute commitments
Unconscionable execution of obligations which caused material damage to the association
Unconscionable or unlawful disposal of assets of the association
Defaming and damaging the reputation of the association

Article 17

Disciplinary liability of the members of the association is established by disciplinary procedure.

The disciplinary procedure can be initiated by any member of the association.

The disciplinary procedure is run and imposed by the assembly of the association.

In the disciplinary procedure, the circumstances are established describing why there is a violation of the member’s obligations and responsibilities, the severity of the violation and the damage occurred by the association.

Article 18

For an established violation of a member’s obligations and responsibilities, the following disciplinary actions can be imposed:

A written warning
Exclusion and expulsion from the association

The decision about disciplinary measures will be explained to the member in question and others liable parties.

Article 19

A member of the association who has been imposed by disciplinary measures of expulsion from the association also has the right within 15 days, accounting for the day when the decision was delivered, to submit a complaint to the assembly of the association.

The assembly of the association is responsible to settle the complaint within 30 days accounting for the day that the complaint was submitted.

The decision of the assembly of the association is final.

Article 20

Every member of the association has the right to send a written warning to the president about them disrespecting the provisions of the statute or the irregularity in the implementation of a decision of the governing bodies of the association.

Every member has the right to send a written complaint about the work of an individual or governing body of the association.

The president of the association is responsible to respond to the warnings and complaints within 30 days of receiving them.

SECTION VI

WAYS OF SOLVING DISPUTES AND CONFLICTS OF INTEREST WITHIN THE ASSOCIATION

Article 21

If there is a conflict between members of the association which convolutes or inhibits the work of the association and the conflict cannot be solved in an amicable way, the members of the association are responsible to attempt to solve the conflict in accordance with the law on reconciliation.

If the reconciliation procedure fails, members of the association can settle the conflict in front of a local court.

The members of the association in all activities relating to the interest and representation of the association need to act honorably, respectfully, conscientiously, responsibly, and unbiased in protecting their own credibility and the credibility of the association.

In executing the activities of the association, members cannot put their own private interest above the interest of the association.

In the instance that the private interests of a member of the association opposes the interest of the association or when a private interest influences or can influence the impartial work of the member of the association in doing their work for the association, the member of the association who finds themselves in the conflict of interest is responsible without delay to notify the president of the association and if it is possible, exclude themselves from further work on specific activities.

In the case that there are doubts about a possible conflict of interest, any member of the association can ask the opinion of the assembly.

In the instance that a conflict of interest arises, the assembly is responsible to mitigate the conflict to protect the interest of the association.

SECTION VII

THE GOVERNING BODIES OF THE ASSOCIATION

Article 22

The entities of the association are

Assembly
Executive board
President
First Vice president
Second Vice president
Secretary
Treasurer
Executive director

ASSEMBLY

Article 23

The assembly is the highest managing body in the association. The assembly is composed of all the members in the association and is considered one legal body of the association.

Article 24

The assembly of the association:

Composes the statute and is responsible for amendments
Elects and dismisses people for representing the association
Elects and dismisses other bodies of the association
Decides on joining alliances, communities, networks, and other forms of connecting associations
Implements a working and financial plan for the following calendar year and a yearend report about the previous year’s work
Implements the yearly financial report
Decides on changing the goals and activities, economic activities, discontinuation of work, and delegate the assets of the association
Decides the membership fee
Decides on the outcomes of formal complaints of those who were expelled from the association

Article 25

The assembly can be elected, meet regularly, and can meet in extraordinary circumstances.

The assembly regularly sits for a meeting once a year, and if needed a special sitting of the assembly can be called.

The sitting of the assembly for elections is held once a year.

The sitting for the assembly is called by the president of the association.

In the decision for calling the assembly the president establishes the agenda for the meeting, the day and place where the sitting will take place.

The president, and in the case of the absence of the president the First and Second Vice Presidents, are responsible to call the sitting of the assembly when 1/3 of the assembly looks to have a sitting of the assembly.

In their request for a sitting of the assembly, the members submitting the request are required to suggest an agenda for the meeting.

If the President of the association does not call a sitting of the assembly within 15 days from the day the request is delivered according to lines 6 and 7 of this article, the people requesting the sitting will call the sitting of the assembly. The request needs to contain the request of the agenda, place and the date of the sitting of the assembly.

In the case that the governing bodies are at the end of their mandates, the assembly can call the last person that is authorized to represent the association in the association registry, or, 1/3 of the members of the association, that is written in the membership registry right before the mandates are about to end for the governing bodies of the association.

Article 26

The assembly presides over the president of the association or in his absence the First or Second Vice president can preside in the president’s place.

In the absence of the president, the First and Second Vice President of the association will at the beginning of the assembly publicly ask to vote and specify a person who will preside the sitting.

Absentee voting is possible, through electronic communication.

The recorder will keep track of the work at the sitting, and the notes taken will be permanently kept in the association’s archives.

Article 27

The assembly’s decision is considered valid if the majority vote includes over half of all members of the assembly if they are present, and a decision is made, and if half of the present members vote for the resolution and if the statute does not outline a special majority.

Article 28

The executive board is made up of 5 members.

The executive board is the main strategic and supervisory body, and it is made up of the President, First and Second Vice president, secretary, and treasurer, of which one member of the executive board acts as the executive director.

Article 29

A member can have, at most, 2 consecutive terms on the board.

Article 30

The board monitors and is responsible for the work of the association between the two sittings of the assembly.

The board will

Determine the strategies, goals, and policies of the association
Name the executive director
Monitor the work of the executive director and will monitor that the director is working according to the relevant laws, rules, the provisions in the statute and policies of the association
Handle the disciplinary procedure
Do all other work that is not the prescribed work in this statute intended for other governing bodies

Article 31

The board will have regular meetings at least 4 times a year.

Meetings call upon the executive director to be present.

The board makes decisions with voting, and the decisions are made by the majority of votes of the attending members.

Distance voting is also permissible by using electronic means of communication.

PRESIDENT

Article 32

The President has the executive function and other tasks outlined in this statute.

The president is elected by the assembly of the association and has a mandate of 10 years.

Article 33

The president:

Represents the nonprofit
Calls for meetings of the assembly
Manages the work of the assembly of the association
Determines new proposals for the operating plan and statute which is submitted after the assembly has considered and accepted the proposals
Determines proposals for the association’s activities and working plans
Takes care of executing adopted work plans and provisions from the assembly of the association
Names a commission and other similar governing bodies when needed, and delegates the commission’s and/or governing body’s tasks
Works to promote and educate the public about the work of the association
Does other activities that are not outlined by the statutes and other general acts of the association

Article 34

The president of the association is also the president of the executive board and can call for and manage meetings of the executive board, call for the yearly sitting of the assembly and manage the yearly and any other additional meetings of the assembly and executive board. The president submits reports about the work of the association to the assembly.

Article 35

For their work, the president is liable to the assembly of the association.

The president sends a yearly report about the assemblies’ work.

FIRST VICE PRESIDENT

Article 36

In the case that the president is absent or unable to attend, the First Vice President can replace the president.

The First Vice President is elected by the assembly for a 10-year term.

SECOND VICE PRESIDENT

Article 37

In the case that the President and the First Vice President are absent or are unable to attend, the Second Vice President can replace the President and First Vice President.

The Second Vice President is elected by the assembly for a 10-year term.

SECRETARY

Article 38

The secretary of the association is elected and named by the assembly for a mandate of one year for the task of professional and administrative work in the association.

TREASURER

Article 39

Treasurer is responsible to:

Manage the assets of the association
Monitor the material and financial business of the association

Article 40

The treasurer of the association is elected for a 10-year term.

EXECUTIVE DIRECTOR

Article 41

The executive director is responsible for taking care of everyday business of the association, deciding the internal organization, the hiring of employees and other questions relating to the management of the association.

The executive director gives a report to the executive board about the activities of the association.

The executive director oversees the member directory of the association’s commissions and other working bodies.

Article 42

For work in specific fields of interest of the association, the assembly or the president can establish a temporary or permanent commission or other working body.

The decision to establish a commission or other working body needs to include the group of people involved, their tasks, the time of when they will establish this group and the responsibilities for doing their work.

VIII

ASSETS AND WAYS OF ACQUIRING ASSETS

Article 42

Assets of the association include:

money which the association acquires through membership fees, voluntary contributions, and gifts
money which the association acquires through activities that has accomplished the association’s goals
doing activities according to article 31 in the law on associations
financing programs and projects of the association from a government fund or from the finances of an individual, local or regional governmental office and funds or other international sources, such as other monetary means acquired in accordance with the law
the association’s immovable and moveable property
other rights associated with or on their assets

Article 44

The association disposes its assets only in achieving their goals and doing their activities according to the statute, and according to the law.

The spending and disposal of assets is decided by the assembly.

The association manages assets in accordance with the regulations about material and financial business of non-profit organizations.

The association is responsible for the financial records and creates a financial report based on the regulations which is defined by the regulation about financial business and accounting of an association organizations.

All revenues and expenses are described in the financial plan which is decided for the calendar year and it is valid throughout the year that it is prescribe for.

Towards the end of the fiscal cycle of the financial plan, there will be a final financial report of the year’s revenues and expenses.

Article 45

The financial report about the revenues, expenses and other material assets will be submitted by the president to the assembly for consideration and acceptance by the assembly.

Article 46

As their obligation, the association is liable for all their assets. The members of the association and the members of the association’s governing bodies are not liable for this obligation.

Article 47

The association and people with the authority to represent the association, are liable for the damage done in the association or from the association to a third party according to the general regulations about liabilities for damage.

LIQUIDATOR

Article 48

The liquidator represents the association in the liquidation procedure and from the initiation of the liquidation procedure the liquidator registers as the authorized person for representing the association until the procedure is complete and the association is removed from the association registry.

Article 49

The liquidator is elected by the assembly without a length of time for a mandate, meaning unless the liquidator is dismissed, or the assembly elects another liquidator.

Article 50

The liquidator is chosen amongst the members of the association, they need to have the professional experience and knowledge with how to dispose of and liquidate property and assets.

The liquidator has the right to ask for financial compensation for their work from the association to the amount the assembly deems at their first sitting after the liquidator is named.

Section X

CESSATION OF EXISTENCE

Article 51

The association ceases to exist in the cases of the aforementioned law.

In the case of the cessation of existence on the grounds of the assembly’s decision, the cessation of existence needs to have 2/3 of attending members of the assembly voting against the continuation of the association to exist.

In the case that the association ceases to exist, the assets, after settling everything with the creditor and the cost of the liquidator, legal and other procedures, is given to the association “Centar za obnovu culture-COK”, OIB: 12879317978, in Zagreb, on the bases of the decision by the assembly of the association.

The association does not have the right to share the assets of the association with the founders of the association, the members of the association, people authorized to represent the association, employees and any other people connected with these aforementioned parties.

Section XI

TRANSITIONAL AND FINAL PROVISIONS

Article 52

The statute of the association is decided by the assembly with a 2/3 vote of the present members after the conducted discussion.

This statute was enacted at the sitting of the assembly on the 9^th of July 2020. This statute enters into force on the day it was enacted and will be applied on the day the association is registered in the association registry of the republic of Croatia.

This registry can be changed and amended with the decision of the assembly with a majority of members who attended the assembly voting for the changes under the condition that the amendments are sent to the members of the association at the latest when the invitation for calling the assembly is sent out.

Article 53

Interpretation of the provisions in this statute are given by the assembly of the association.

Other acts are interpreted by the president of the association.

In Zagreb, July 9^th, 2020.

Matija Mathew Pavkovic

President of the Crodiaspora Association