(Amended by the General Assembly 08.09.2012;
Judgment of the General Assembly 16.12.2012;
Judgment of the General Assembly 07.03.2013;
Judgment of the General Assembly 05.07.2013)
I. GENERAL PROVISIONS
Art.1 (1) The National Movement ‘BULGARIA IS YOU’ is a civil, non-governmental association, legal entity according to the Law for the Legal Entities with Non-Profit-Making Aims (LLENA), whose object of activities is development and defence of civil values and rights in the Republic of Bulgaria, granted by the Constitution and the country’s laws and the laws of the European Union.
(2) The National Movement ‘BULGARIA IS YOU’ works in compliance with this Statutes.
(3) The National Movement ‘BULGARIA IS YOU’ implements its aims and programme lead by the fundamental democratic values, the traditional national and moral virtues, as well as the universal principles of humanism, compassion, multi-ethnical and religious tolerance, understanding and solidarity in the civil society.
(4) Legible for membership in The National Movement ‘BULGARIA IS YOU’ are Bulgarian private and legal entities, as well as such, citizens of Member states of the European Union, who accept this statutes and the objectives set by the Movement.
Art. 2. The National Movement ‘BULGARIA IS YOU’ determines itself as is a non-profit-making association, which works for the benefit of the society by virtue of Article 2, par. 1 of LLENA and is constituted for indefinite time.
II. OBJECTIVES, FORMS AND MEANS OF ACTIVITY
Art. 3 (1) The National Movement ‘BULGARIA IS YOU’ sets the following objectives:
- to work for the improvement of the quality of life and the standard of living of the Bulgarian citizens in compliance with the European Strategy ‘Europe 2020’ for increasing the wellbeing and the standard of living in the member-countries of the European Union;
- to stimulate young people to participate more actively in the community life and to express their committed civil position on topical social issues;
- to help the development and accomplishment of the young people in Bulgaria through educational and social programmes;
- to assist in finding of better managerial solutions in different spheres of the business and community life in the country;
- to initiate holding of public debates on important national, regional and local issues;
- to express its position in public through declarations, petitions, letters, meetings, demonstrations and other initiatives permitted by the Law, when the civil rights and freedom guaranteed by the Constitution have been violated;
- to defend citizens’ rights and freedom with the means of this Statute and in compliance with the Movement’s Programme;
- to convince young people that the efforts put into changes for a better future are for the Bulgarian citizens opportunity, granted by the Constitution and the Bulgarian and European legislation.
(2) To complete these objectives through the initiative and activity of its members, The National Movement ‘BULGARIA IS YOU’ sets the following tasks:
1. To organize the uniting of all citizens who share the objectives and the Programme of the Movement;
2. To work for expanding the connections between the young people in the different regions of the country on the bases of their professional and creative interests;
3. To assist with ideas, programmes and funding for organizing Interests Clubs on local, regional and country level;
4. To promote the objectives, ideas and principles of the Movement among different social and professional groups and communities in the spheres of culture, science, economic and social development, education and sport;
5. To help morally and financially its members and the citizens for a better professional realization and solving of certain social issues, for increasing their professional qualification and realization on the work market.
6. (New. Judgment of the General Assembly 16.12.2012) To support the development of projects to carry out R & D and innovations in the form of experimental development, compatible with both Bulgarian law and the requirements of Article 87, paragraph 3 of EU Treaty and definitions of art. 30 of EO Regulation № 800/2008 of the European Commission, August 6 2008, and the subsequent amendments to the legal framework of the EU on research and development.
Art. 4. The National Movement ‘BULGARIA IS YOU’ implements its objectives and tasks through:
1. Collaboration with the state and local authorities to find better solutions of issues in all spheres of public life.
2. Organizing of national discussion forums: round tables, conferences, seminars on issues, which are important for the state and the community.
3. Collaboration with other similar organizations in Bulgaria and abroad to create joint projects and programmes;
4. Initiating different forms of public stimulation for young people and their public realization through public competitions and discussions on current society issues;
5. Establishing of a public prize fund Civil Initiative which shall be used to stimulate civil activity and distinguish dignified civil deeds;
6. Assisting the public and media activities of its members through holding regular press conferences and participation the mass media;
7. Providing information about bad managerial practices to the respective state authorities and insisting on their termination;
8. Providing and maintenance of the necessary equipment and facilities of the Movement.
III. ORGANIZATIONAL PRINCIPLES AND MEMBERSHIP
Art. 5. The basic principles on which The National Movement ‘BULGARIA IS YOU’ is formed are as followed:
1. Volunteering and equality for all members;
2. Rights of its members to elect and to be elected in the governing bodies of the Movement;
3. Election and fixed mandates of the governing bodies of the Movements and regular reporting of their activities to its members;
4. Free choice of the organizational forms and activities of the Movement, formed on different criteria: territorial, professional, common, social, spiritual, cultural, economic, sports and other interests.
Art. 6. The legal entity with non-profit-making objective is named:
НАЦИОНАЛНО ДВИЖЕНИЕ “БЪЛГАРИЯ СИ ТИ” (NATIONAL MOVEMENT BULGARIA IS YOU’), short: НД “БЪЛГАРИЯ СИ ТИ”, and in English: “BULGARIA IS YOU”.
Art. 7. (1) The headquarters of The National Movement ‘BULGARIA IS YOU’ are in Sofia and the address is: Sofia, 34 Angel Kanchev Street, floor 2.
(2) Any written statement of The National Movement ‘BULGARIA IS YOU’ contains its name, headquarters, address and registration data.
(3) Membership in The National Movement ‘BULGARIA IS YOU’ is voluntary.
Art. 8. (1) Members’ enlisting shall be done by the National Civil Council (NCC) of the Movement and by structures authorized by it, after filing of a written application.
(2) Legal entities, who apply for membership, shall file an application, notarized copy of the entity’s legal state of registration and minutes of the decision of the managerial body.
(3) The decision for enlisting a new member shall be made with simple majority within a month after filing of the application.
Art. 9 (1) Membership in The National Movement ‘BULGARIA IS YOU’ shall be terminated as follows:
1. Voluntarily, with a unilateral statement to the National Civil Council of the Movement or to its authorized structures, when the person or entity desiring to terminate their membership have been enlisted by the respective structure;
2. In case of death or judicial disability;
3. If the legal entity member of the Movement has been legally terminated, considering the date of the respective legal decision comes into force;
(2) Any membership termination shall lead to loss of the rights constituted in this Statute;
(3) Any member of the movement is eligible to expelling on a decision of the General Assembly of the Movement made after a proposal by the NCC or by its authorized structures, in case the respective member has been enlisted by them, when the member:
breaks the obligations constituted in this Statute;
commits any actions, which make their further membership incompatible with the objectives and tasks of the Movement;
(New. Decision of the General Assembly on 05.07.2013) failing to fulfill the obligation for paying membership fee for more than six months.
(4) In negligible cases of breach, the National Civil Council defines in a decision a term for termination of the breach or for removing of its consequences; in case this term has not been met, the Council makes a proposal for expelling.
Art. 10. (1) Members of The National Movement ‘BULGARIA IS YOU’ have the right to:
1. Participate in the general assembly in conformity with the rules for representation;
2. Participate in all initiatives organized by the Movement;
3. Elect and be elected in the executive bodies of the Movement;
4. Demand and receive report about the activities of the Movement;
5. Receive information about the activities of the Movement, as well as information supporting their activities;
6. Initiate discussions on issues connected with implementation of the Movement’s activities;
7. Contest decisions of the NCC in front of the general Assembly, in case those violate their membership rights;
8. Use the Movement’s property and the results of its activities.
(2) Members of The National Movement ‘BULGARIA IS YOU’ shall be obliged to:
1. Abide the Statute and the decisions of the executive bodies of the Movement;
2. Work conscientiously for implementing of the objectives and tasks, as well as to support implementation of the Movement’s decisions;
3. (New. Decision of the General Assembly on 07.03.2013) To pay a membership fee of 1 to 10 BGN monthly according to their will and their social status.
IV. GOVERNING BODIES
Art. 11. The Governing Bodies of The National Movement ‘BULGARIA IS YOU’ shall be:
1. General Assembly
2. National Civil Council, with a statute, functions and authority of an Executive body in compliance with the (LLENA).
Art. 12. (1) The General assembly is the supreme body of The National Movement ‘BULGARIA IS YOU’. It consists of delegates elected by meetings of the structures of the National Council of the Movement according to the representation quota determined by the previous General Assembly but not less than one representative of each of these organizational units.
(2) The General Assembly shall be summoned by the National Council or due to a motion of one third of the Movement’s members in the city in which the headquarters of the Movement are. In the latter case, if the National Civil Council does not summon the General Assembly in a written invitation, the assembly shall be summoned by the Court in whose jurisdiction are the headquarters of the Movement, on the bases of a written motion of the interested members or persons authorized by them.
(3) The invitation for the General Assembly summoning shall include: the agenda, date, time and venue, as well as information on whose initiative the Assembly is being summoned.
(4) The invitation shall be sent to the address given by the members and written in the ‘Members’ Book’, as well as by email (if there such has been given and written in the Members’ Book). The invitation shall be sent at least one month prior to the date of general Assembly holding and is placed on the notice board in the building of the Executive organs of the Movement.
(5) The General Assembly can be summoned at an extraordinary meeting on priority issues with a decision of the NCC, made with a simple majority; in this cases the term for sending the invitation can vary from the term in the previous article.
(6) The members of the NCC are by right members of the General Assembly until the expiry or termination of their mandate.
Art. 13. The General assembly shall be considered legal in the presence of more than half of its members (delegates). In case of lack of quorum the Assembly shall be postponed by one hour and shall be held at the same venue and with the same agenda and shell be held irrespective of the members presenting.
Art. 14. (1) Every member of the General Assembly has the right of one vote.
(2) No member of the General Assembly has the right to vote in decisions concerning:
1. Themselves, their spouse or relatives of direct descent – without exclusions, collateral relatives – up to fourth degree, or relatives by marriage – up to second degree inclusively;
2. Legal entities, I which the person is a manager or has the opportunity to enforce or impede decision making.
(3) One delegate has the right to represent no more than three members of the General Assembly, on the bases of a written Power of Attorney. Reauthorizing shall not be permitted.
(4) Voting at session of the General Assembly shall be open.
(5) Secret voting shell be held in case of motion of more than ½ of the presenting members of the Assembly.
Art. 15. (1) The General Assembly of the Movement shall:
1. Adopt, change and supplement the Statute;
2. Adopt any other internal acts;
3. Elect and dismiss the members of the NCC;
4. Make decisions for opening and closing of branches;
5. Make decisions concerning participation in other non-profit-making entities;
6. Make decisions concerning transformation and termination of the association;
7. Adopt the general guidelines and programme for the activities of the association;
8. Adopt the budget of the association;
9. Make decisions concerning the membership fee or the property payments;
10. Adopt the report for the activity of the Executive Board;
11. Repeal decisions of the other bodies of the association in case those are not in conformity with the law, the Statute or other internal acts regulating the activities of the association;
12. Make other decisions envisaged in the Statute.
(2) The rights entitled in par. 1, items 1, 3, 7, 9, 11 and 12 shall not be assigned to other bodies of the association.
(3) The decisions of the General Assembly shall be obligatory for the other bodies of the Movement.
(4) The decisions of the General Assembly shall be liable to judicial control concerning their conformity with the law and accordance with the Statute.
(5) The decisions of the General Assembly, which are made not in conformity with the law, the Statute or a previous decision of the General Assembly, are liable to litigation in front of the General Assembly in case of motion of the interested members of the Movement or its body; the motion shall be placed within one month following their announcement, but not later than one year after the decision has been made.
Art. 16. (1) The decisions of the General assembly shall be made by simple majority of the delegates presenting.
(2) The decisions in Art. 15, par. 1, item 1 and 7, shall be made by a majority of 2/3 of the delegates presenting.
Art. 17. In the period between two sessions of the General Assembly The National Movement ‘BULGARIA IS YOU’ shall be led by the National Civil Council (NCC).
Art. 18. (1) (Amended by the General Assembly on 08.09.2012 ) The National Civil Council consists of a number of members defined by the General Assembly, but not less than 5 members elected by the General Assembly via open vote by simple majority for a period of 4 years.
(2) At its session the National Civil Council shall elect Chairperson and Head Coordinator, define the number and elect Deputy Chairpersons and coordinators of the Movement, define the number and elect members of the Monitoring Board and Chairperson of the Monitoring Board. People who are not members of the NCC shall also be eligible to be elected as coordinators.
(3) The members of the NCC have the right to be reelected but not more than two successive mandates.
(4) The Powers of Attorney of the NCC shall be terminated with the election of the new NCC of the Movement.
(5) The NCC leads the activities of the Movement, in conformity with this Statute and the decisions of the General Assembly.
Art. 19. The NCC of The National Movement ‘BULGARIA IS YOU’ shall:
1. Ensure the implementation of the General Assembly;
2. Exercise control on the property of the Movement;
3. Prepare and present to the General Assembly the budget of the Movement and the report of its implementation;
4. Prepare and present to the General Assembly the report for the activities of the Movement;
5. Define the order and organize the activities of the Movement;
6. Make decisions for establishing of territorial structures and other specialized units of the Movement;
6. A) (New. Decision of the General Assembly on 07.03.2013.) Take a decision on appointing the status of ‘goodwill ambassadors’ of individuals to present and advocate the objectives and tasks of the Movement in the European Union and in non-member countries;
7. Make decisions on all issued for which it has been authorized according to the Statute and in conformity with the law;
8. Fulfill obligations envisaged in the Statute;
9. Make decisions concerning expelling members of the Movement on its own initiative or on the basis of proposal placed by the territorial structures. The decisions for expelling are eligible to contest in front of the General Assembly.
Art. 20. (1) The sessions of the NCC shall be summoned and chaired by its Chairperson. The Chairperson of the NCC shall also be obliged to summon a session on the grounds of a written motion place by one third of the members of the NCC. In case the Chairperson fails to summon a session on the grounds of a motion placed by one third of the members of NCC within one week, the session shall be eligible to summoning by any of the interested members of NCC. In case of absence of the Chairperson of NCC the session shall be led by a Deputy Chairperson or a member of the NCC appointed by the Chairperson.
(2) The NCC shall only make decisions if more than half of its members present at the session.
(3) The decisions shall be made by simple majority of the members present and the decisions according to art. 19, items 3 and 6 and art. 31, par. 2 shall be made by a majority of all members. In case of equal number of votes, the Chairperson vote shall be decisive.
(4) The NCC shall be authorized to make decisions even without a session being held, using the modern telecommunication facilities for changing information, provided the Record of the proposal and the decision made is signed by the members of the NCC qualifying for a quorum, without any remarks and objections.
Art. 21. (1) (Amended by the General Assembly 08.09. 2012) National Civil Council elects the Executive Committee (EC), with a number determined by the NCC but not less than three members, consisting of the Chairman, Vice-Chairman and Chief Coordinator.
(2) The Executive Committee shall organize and coordinate the implementation of the decisions of the NCC, the current and operative activities and tasks;
(3) The Executive Committee shall make decisions in conformity with its explicit authorization by the NCC, except authorizations under art. 19, items 1, 4, 5, 8 and 9.
(4) The sessions of the Executive Committee shall be summoned and chaired by the Chairperson of the NCC or by a Deputy Chairperson or a member of the Executive Committee appointed by the Chairperson. The decisions shall be made by a simple majority of all the members of the Committee.
Art. 22. The National Movement ‘BULGARIA IS YOU’ is eligible to having an Honourable Board as an unofficial body consisting of a Chairperson and members, distinguished public figures in Bulgaria or abroad, who could support the executive bodies in implementing their functions under this chapter. The number and the members of the Honourable Board are defined and elected by the NCC.
Art. 23. The National Movement ‘BULGARIA IS YOU’ shall be represented by the Chairperson and the National Civil Council.
Art. 24. (1) The Chairperson of the NCC summons its sessions, coordinates the activities and represents the Council in front of third parties.
(2) In case of absence of the Chairperson their functions are fulfilled by a Deputy Chairperson or a member of the NCC appointed by the Chairperson.
(3) The Chairperson of NCC shall execute and sign agreements with third parties on behalf of the Movement, as well as sign its bank accounts.
VI. PROPERTY AND FINANCING
Art. 25. (1) The property of The National Movement ‘BULGARIA IS YOU’ consists of :
1. Owner and property rights on real estates and movable property;
2. Finance, bonds, stocks and shares, etc.;
3. Intellectual rights.
(2) Financing and property sources:
1. Voluntary contributions by its members;
2. Sponsoring, donations and gifts;
3. Voluntary work by the members, earnings from events, publishing, organizing of charity events;
4. Income from its own property;
5. Earmarked gifts and wills;
6. Additional business activities;
7. (New. Decision of the General Assembly on 07.03.2013) Membership fee.
8. (New. Decision of the General Assembly on 07.03.2013) Funding from related non-profit organizations and movements from the country, from the European Union and non-member states, as well as funding provided by the court as a result of the liquidation of non-profit entities.
(3) (New. Decision of the General Assembly on 07.03.2013) Funds from donations can be also raised by holding mass events by gathering them in polls, as well as by donation sms.
(4) (New. Decision of the General Assembly on 07.03.2013) Funds from the main bank account of NM ‘BULGARIA IS YOU’ can be diverted by bank transfer to other accounts of the Movement, programmes and initiatives similar to those conducted by the National Movement, in compliance with the purpose of this Statute.
(5) (former par. 3) The additional business activities shall be in conformity with the rules and regulations envisaged in the respective Acts and Laws regulating these activities.
(6) (former par. 4) The Movement shall not allot profit. The earnings from the additional business activities shall be only used for meeting the objectives and fulfilling the tasks of the Movement as stated in this Statute.
Art. 26. (1) The Movement shall spend its property for implementing its activities and objectives as stated in this Statute in compliance with art. 38, par.1 of LLENA.
(2) The General Assembly shall make a motivated decision with a qualified majority of 2/3 of all its members for any gratuitous spending of the property in benefit of the persons stated under art. 41, par. 3 of LLENA.
VІІ. CONTROL OF THE MOVEMENT’S ACTIVITIES
Art. 27. (1) By 15 March of the next financial year, the Monitoring Board shall prepare a report of the yearly activities of the Movement, in which it shall itemize:
1. The important activities, the expenses made for them, their connection with the objectives and tasks of the Movement and the results;
2. The amount of the revenue and the property of the Movement;
3. The financial result.
(2) The report of the Monitoring Board of the previous period and the budget of the Movement for the next period shall be adopted with a decision of the NCC and are presented to the General Assembly for resolution and adoption.
(3) By 31 May every year the Executive Board shall present the report under the previous paragraph to the Central Registry to be entered together with the other documents envisaged in art. 46, par. 2 of LLENA.
VІІІ. BOOKS OF THE MOVEMENT
Art. 28. The General Assembly and the National Civil Council shall keep books with the records of all the sessions held. The chairs of the sessions and persons who have prepared the records verify them with their signatures and are responsible for their content.
ІХ. REORGANIZATION AND TERMINATION
Art. 29. The National Movement ‘BULGARIA IS YOU’ shall not be transformed into a legal entity with non-profit-aims to work for a private benefit.
Art. 30. The National Movement ‘BULGARIA IS YOU’ shall be terminated with a decision of the General Assembly made by a qualified majority of 2/3 of all the members of the Movement, as well as in cases envisaged by the law.
Art. 31. (1) At the termination of The National Movement ‘BULGARIA IS YOU’ liquidation shall be performed.
(2) The liquidation shall be performed by the NCC or by a person appointed by it – a liquidator.
(3) The liquidator shall, if possible, satisfy the claims of the creditors of the Movement with the available finances; in case these are not enough – through cashing of the movable property and then the real estates.
(4) The insolvency, the rules of the liquation and the rights and powers of the liquidator, are a subject of the Trade law.
(5) In case of liquidation of the Movement the property left after paying the creditors’ shall be distributed according to the decision of the General Assembly in compliance with the rules stated at the Central Register of the Ministry of Justice.
Х. CLOSING PROVISIONS
§ 1. The National Movement ‘BULGARIA IS YOU’ has its emblem, form, seal and its own printed and other publications.
§ 2. This Statute has been adopted at the founding assembly for constituting of The National Movement ‘BULGARIA IS YOU’, held in Sofia on 5 May 2012.
§ 3. The list of the founders signed the Statute is considered an inseparable part of it.
§ 4. For any case not provided for in this Statute, as well as the interpretation and implementation of its regulations, the provisions of the LLENA shall be applied. In case of inconformity of this statute with the law of the regulations of this Statute, those shall be replaced by the respective regulation of the law.