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On this day, the ninth of December nineteen hundred
and ninety-four, appeared before me, Mr. Jeroen Theo Marie Pas, notary public
at Beek (Limburg) The Netherlands: 1.
mrs Jennifer
Bryce, chartered physiotherapist, residing at 108 Priory Road, London N 87 HR,
born at Abingdon, England, on the nineteenth of February nineteen hundred and
forty, passport no 011733794, married. 2.
mr. Hendricus
Maria Bernardus Crombag, physiotherapist, residing at Moorveld 10, 6243 AZ
Geulle, municipality of Meerssen, The Netherlands, born at Beek (Limburg) on
the twenty-sixth of April nineteen hundred and forty-eight, passport no
X377735, married. The parties declared: In nineteen hundred and seventy-one was formed the
association called: European Bobath Tutors Association (E.B.T.A.). In the
general meeting, held on the twenty-third of September nineteen hundred and
ninety-four, the articles were drawn up, as laid down hereafter, and the
parties were ordered to embody the articles in a notarial deed. In order to
carry out that resolution, the parties declared to lay down the articles of the
aforesaid association as follows: ARTICLES OF ASSOCIATION Article 1 The name of this association is "European Bobath
Tutors Association (E.B.T.A.) and has its seat in Maastricht, The Netherlands. Article 2 DEFINITION a.
"The
Association" means the European Bobath Tutors Association (E.B.T.A.) being
composed of national organisations - not more than one from each country - of
therapists and physicians who are qualified tutors to teach neurodevelopmental
treatment/ Bobath (NDT/Bobath) concept for the treatment of children and adults
with disability due to cerebral palsy and other allied neurological conditions. In countries who do not yet have a national
organisation an establisched teaching team may take part of the national
organisation of this country. b.
The Association
is a legal body. It is established as a non - profit organisation goverened by
the Articles hereinafter set forth. c.
The Association can
link to related organisations if their
regulations do not contravene the Articles of the Association. Article 3 AIMS The aims of the Association are: a.
to maintain the
integrity of the NDT/Bobath concept and develop it in accordance with evolving
scientific advances. b.
to promote the
availability and accessability of NDT/Bobath concept to all countries. c.
to maintain and
improve the standards of training of NDT/Bobath tutors. d.
to maintain and
improve the standards of training NDT/Bobath courses. e.
to organise regular
meetings and educational programmes. f.
to facilitate the
cooperation and the exchange of ideas between members and other appropiate
national or international organisations. g.
to promote
research into the theoretical basis and functional/clinical/outcome of
NDT/Bobath. h.
to promote
publicity. To carry out these aims the Association shall: a.
do any and all
lawful acts which may be necessary for the development of the Association. b.
encourage the
development of national associations of NDT/Bobath tutors and support the
efforts of appropriate national organisation to improve the situation of
NDT/Bobath tutors. c.
organise and
coordinate collaboration between national associations and individuals
interested in the aims of the Association within its area of activity. d.
serve as a medium
for deliberation of exchange of ideas, knowledge, skills and experiences and
for the collection and dissemination of information. e.
organise
interdisciplinary conferences, congresses and/or seminars on national and
international level. f.
undertake such
other actions as the General Meeting and the Executive Committee of the
Association shall determine to further the aims and purposes of the
Association. Article 4 MEMBERSHIP Classes of the membership: A. full membership: 1.
national
organisations of therapists and physicians who are qualified tutors to teach
the NDT/Bobath concept for
the treatment of children and adults with disabilities due to cerebral palsy
and other allied-neurological conditions. 2. in
countries who do not yet have a national organisation one established teaching
team may take the art of a national organisation. B. associate membership: individual
therapists and physicians 1. who are qualified tutors to teach te NDT/Bobath
concept; 2.
who are in the process of training to
become tutors; they have all rights and duties except the voting right. C. life/honorary/membership may be awarded to
persons who have made an outstanding contribution to the field of NDT/Bobath
concept and who are nominated by the Association members and carried by a two
thirds (2/3) majority vote of the General Meeting. Article 5 INITIAL APPLICATION FOR MEMBERSHIP Application for membership shall be made in writing to
the Executive Committee. The applicant shall submit as appropiate: a.
with regard to
Article 4 A/I: Articles of National Organisation with regard to Article 4 A/2: Details of Program of National NDT/Bobath course b.
with regard to
Article 4 B/2: letter of recommendation by the national organisation
or the teaching team that is responsible for the qualification of the ongoing
tutor c.
such other
information as the Executive Committee shall require. Article 6 GRANTING OF MEMBERSHIP The Executive Committee shall assess all applications
and make recommendations to the next General Meeting. Article 7 DUTIES OF MEMBERS: a.
comply with these
Articles; b.
pay subscription
in accordance with Article 21/c/d; c.
send a voting
delegate to the General Meeting; d.
if national
organisations make amendments to their Constitution/Statute, Articles, Bylaws
and Ethical Codes these must be sent to the Secretary of the Association within
six months following such adoption; e.
send to the
Secretary the names and addresses of new tutors and officers on their election
or appointment; f.
report to the
Executive Committee as and when requested to announce and report to the
Executive Committee about all given basic, refresher and advanced NDT/Bobath
courses; g.
keep the
Executive Committee informed of any events or developments in its country of
interest to the Association; h.
keep the
Executive Committee informed of any events or developments in its country of
interest to the Association. Article 8 RIGHTS OF MEMBERS: a.
participate in
the affairs of the Association; b.
request support
in his/her/their efforts to improve the situation of tutors in their own
countries; c.
apply for
assistance Funds of the Association; d.
participate in
policy development by making suggestions to the Executive Committee and the
General Meeting. Article 9 TERMINATION OF MEMBERSHIP: a member shall forth with cease to be a member upon
any of the following: a.
resignation of
membership in writing to the Executive Committee; b.
the Executive
Committee resolving that he/she cease to be a member on default in payment of
subscription; c.
if the General
Meeting resolves that he/she cease to be a member for failure to comply with
these Articles or conduct detrimental to the Association. Article 10 STRUCTURE OF THE ASSOCIATION A.
The Association
shall be conducted through the: 1. General
Meeting 2.
Executive
Committee B.
Committees or
Subcommittees which may be established following majority approval by the
General Meeting for all domains of activity of the Association. C.
Auditors shall be
appointed at the General Meeting. Article 11 GENERAL MEETING a.
The General
Meeting is the supreme body of the Association. All classes of membership of
the Association will be entitled to attend the General Meeting. b.
The General
Meeting shall be held every two years. c.
The place, date
and time of the General Meeting shall be decided by the Executive Committee. d.
Not less then
twelve months notice shall be given for the General Meeting and three months
notice for extraordinary general meetings. Such notice shall specify the time
and place of the General Meeting or extraordinary meeting an to be accompanied
by an agenda. e.
A quorum shall be
a majority of votes of the full members representated by their delegates at the
General Meeting. f.
Full members have
the right to bring in motions which have to be send to the Vice
President/Secretary at least three months before the General Meeting. The supplemented agenda has to be send to the members
at least four weeks before the General Meeting. g.
The procedures of
the General Meeting and extraordinary general meetings shall be suggested by
the Presiding Officer and agreed upon by the voting delegates. h.
Extraordinary
general meetings may be convened by request of one/thirth of the members of the
Association or by the Executive Committee and can decide and vote only on
matters for which it was held. i.
The Secretary
shall keep the minutes of the General Meeting and extraordinary general
meetings. The minutes shall be circulated to all members within six weeks of
the meeting. j.
Observers may
attend meetings except those for members only and may speak with the permission
or at the invitation of the Presiding Officer. The observers shall leave if
requested to do so by the Presiding Officer in circumstances when Presiding
Officer wishes that all or part of the meeting be restricted to members. Article 12 RIGHTS AND POWERS OF THE GENERAL MEETING a.
To decide on the
dissolution of the Association. b.
To amend the
Articles of the Association. c.
To elect the
members of the Executive Committee in their respective functions. d.
To receive
reports of the Executive Committee. e.
To determine the
amount of subscriptions. f.
To grant membership. g.
To confirm and/or
reconfirm Committees and Subcommittees. h.
To terminate
membership according to Article 9. i.
To deal with all
matters that promote the objectives/purposes of the Association that are not
given by these Articles to the Executive Committee and that are not in
violation of these Articles. Article 13 a.
The executive
Committee is the responsible body of the General Meeting to manage the affairs
of the Association during the interim between the General Meeting. The
Executive Committee shall have executive responsibilities for the affairs of
the Association and shall have and exercise all the authority and duties of the
General Meeting except that authority specifically reserved to the General
Meeting. b.
The Executive
Committee shall consist of a President, a Vice President, a Treasurer, a
Secretary and one member. c.
The President of
the Association is at the same time the President of the Executive Committee. d.
The Executive
Committee members shall be elected from members of the Association. e.
The Executive
Committee shall meet at least once every year. Ideally not less than one months
notice shall be given for meetings of the Executive Committee. Such notice to
be accompanied by an agenda. f.
The Executive
Committee shall cause minutes to be made in the books provided for the purpose: 1.
of all names of
members of the Executive Committee present at each meeting of the Executive Committee and
of the Committees and Subcommittees; 2.
of all
resolutions and proceedings and all meetings of the Association and of the Executive Committee and of the Committees and
Subcommittees. Every member of the Executive Committee present at any meeting
of the Executive Committee or any Committee shall sign his name in a book to be
provided for this purpose; 3. the Secretary shall keep the minutes of the
Executive Committee in the official language and shall circulate them to the
members of the Executive Committee within one month; 4. the quorum of meetings of the Executive
Committee shall be the majority; 1.
the Executive
Committee shall adopt decisions with majority. In the case of an equality of votes the President shall have a
second and casting vote. Article 14 TEAMS OF OFFICE a.
Members of the
Executive Committee shall serve from the close of the General Meeting at which
they are elected until the close of the next General Meeting. b.
President,
Vicepresident, Secretary and one member are eligible for re-election for a
further period of two years. He/She must then retire and may not seek
re-election until a two year period has elapsed. c.
The Treasurer is
eligible for re-election for further periods of time. Article 15 RIGHTS AND DUTIES OF THE EXECUTIVE COMMITTEE a.
To act in the
interests of the entire Association and not in the interest of his/her
respective member organisation or home country. b.
To carry out the
mandates and the policies of the General Meeting. Between sessions of the
General Meeting to make and carry out policies provided they are consistent
with these Articles or the mandates. c.
To direct all
business and financial affairs of the Association. d.
To submit
annually to members a report of the activities and finances of the Association. e.
To decide the
location of the Main Office and to engage an Administrative Secretary who is
responsible to the Executive Committee for the administration of the
Association/ financial resources permitting. f.
To process
applications for membership. g.
To review
activities of members. h.
To make
Provisions for, the holding of seminars, workshops or congresses and to
stipulate the conditions for their organisation. i.
To propose the
Committees and the Subcommittees/financial resources
permitting. j.
To make awards as
approved by the General Meeting on the recommendation of the Executive
Committee. k.
To do all such
other activities as will advance the objectives of the Association. Article 16 RIGHTS AND DUTIES OF OFFICERS a.
The President
shall: 1. be the
official spokesman and representative of the Association; 2. preside over the General Meeting and extraordinary
general meetings; 3. preside over all Executive Committee meetings; 4. report to the General Meeting; 5. ensure the legality of activities; 6. authoris publicity. b.
The
Vice-president shall perform the duties of the President in his/her absence. c.
The Treasurer
shall: 1. be responsible for the financial accounts of the
Association; 2. advise the Executive Committee and the
Administrative Secretary on financial matters. d.
The Secretary
shall be responsible for the day to day management of the Association. Article 17 NOMINATIONS The members of the Executive Committee will be
nominated at the General Meeting by at least two members and have the approval
of the nominee's own member organistation or teaching team. Article 18 ELECTIONS a.
Shall be by
ballot at the General Meeting. b.
The members of
the Executive Committee shall be elected by majority vote. If there is no
majority on the first ballot, the name of the candidate receiving the lowest
number of votes shall be removed from the ballot and the ballot shall be
retaken. This process shall be repeated untill there is a decision. Article 19 VOTE OF MEMBERS a.
Each country will
be allocated a number of votes according to the number of basic courses given
and completed in the intervening time between each General Meeting. I - 4 basic
NDT/Bobath courses = I vote 5 + more basic NDT/Bobath courses = 2 votes b.
To make use of
the voting right each full member will nominate one delegate to the General
Meeting. c.
If a full member
is unable to send a delegate to the General Meeting it shall have the right to
nominate a delegate of another full member to vote on its behalf. d.
Between General
Meetings upon the order of the Executive Committee a postal vote shall be taken
on matters of an emergency nature. Article 20 LANGUAGE The official language of the Association shall be
English which shall be used for all official and legal documents for the
Executive Committee meetings and for the General Meetings and extraordinary
general meetings. Article 21 FINANCES a.
The financial
year of the Association shall be from January one to December thirty one. b.
The Association
shall accept, hold, invest, reinvest and administer subscriptions, gifts,
legacies, bequests, devises, funds, grants and property of any sort or value
without limitations as to amount or value. c.
Every class of
member of the Association shall pay an annual subscription in the amount
determined by the General Meeting or an extraordinary general meeting of the
Association. d.
The subscription
is due on the first day of the financial year. e.
The Executive
Committee shall cause proper books of accounts to be kept with respect to: 1. all sums of money received and expended by the
Association and the matters in respect of which the receipt and expenditure
takes place; 2. all sales and purchases of goods and services by
the Association; 3. the assets and liabilities of the Association. Article 22 DISSOLUTION
OF THE ASSOCIATION a. The decision to dissolve the Association
shall be in response to wishes of not less then two – thirds of the total
membership of the Association. b. The method of dealing with the outstanding
accounts, disposal of assets and compensa-tion of employees shall be consistent
with legal requirements and any funds remeining shall be dispersed to one or
more organisations having aims and objectives as similar as may be to those of
the Association or humanitarian organisations. The parties finally declared that the persons
mentioned below constitute the present officers of the association: ¨
chairman: the party sub 1; ¨
secretary: mrs.
Susanne Dreier, ergotherapist, residing at Nonnenweg 13, 4055 Basel, Switzerland,
born at Basel, Switzerland on the thirteenth of March nineteen hundred and
forty-three, unmarried; ¨
treasurer: the party sub 2; ¨
member: mrs. Tatjana Velickovic, doctor,
residing at 64000 Kranj, Slovenia, born at Belgrade - Yogoslavia
on the twenty-seventh of February nineteen hundred and forty, married; ¨
member: mrs. Sarah Capelovitch,
physiotherapist, residing at 4 Pinsker, Rehovot, Israel 76308, born at
Kaunas, Lithuania on the first, of December nineteen hundred and •thirty-seven,
married. The parties are known to me and the identities of the
parties involved in this deed have been established by me, civil law notary, on
the basis of the documents aforementioned and intended for this purpose. THE DEED OF WHICH, was drawn up
at Beek-Limburg, on the day mentioned at the
beginning of this deed. After staling the sum and substance of the contents of
this deed to the parties, the latter unanimously declared to have taken note of
the contents of this deed and decided not to have the full deed read out to
them. thereafter this deed, having been read out in a
reduced form, was signed by the parties and immediately after that by me,
notary public. |