Marine and Inland Waterways surveyor's european college
The European College of Maritime and River Experts, hereinafter referred to as « the Association, » is governed by the French Law of July 1, 1901, the Decree of August 16, 1901, and these statutes.
The Association’s purpose is:
– To bring together, within an institutional framework, experts from all disciplines and specialties related to the maritime and river fields or related fields;
– To represent the Corps of Maritime Experts, first and foremost, and experts in general;
– To provide defense and support to its members in various forms;
– Within the framework of European ethics, to respond to requests for amicable judicial expert assessments, or for advice and consultations, made by legal entities or individuals. To establish technical contacts among its members to ensure maximum value and objectivity in their reports. – To ensure the training of EXPERTS by all available means, both external and internal.
– To extend the benefits of the existence and influence of the college and the association of its experts to as many people as possible.
The various elements of the purpose, defined above, are listed for illustrative purposes only.
The REGISTERED OFFICE of the ASSOCIATION is located at: Maison des experts, 9, rue Francis Davso, 13001 Marseille, France.
The DURATION of the association is UNLIMITED.
The Association comprises, but is not limited to:
– Active members, experts registered on a list of the Court of Appeal, the Court of Cassation, or Administrative Courts;
– Full members, experts recognized as such by the College and eligible for registration on a judicial or institutional list;
– Associate members, individuals or legal entities, who are up-to-date with their membership fees and contribute to the College’s influence and development;
– Special members, appointed to various functions by the College’s Board of Directors, a title that must then be ratified by the College’s General Assembly. Their specific role is detailed in the resolution adopted by the Board of Directors at the time of their appointment. They are exempt from membership fees;
– Honorary members who have made a particularly significant contribution to the Association’s influence and development; they are exempt from membership fees;
– Honorary members: This term is always attached to a title and function held within the association by one of its active members who has, for several years and with dedication recognized by the Association’s general assembly, held a position of responsibility on the board, or at the very least on the executive committee. These members are granted honorary status in the following form: Honorary President (or Vice President, Treasurer, Director, etc.);
– Other categories of members may be created as needed without requiring any amendment to these bylaws. A simple resolution of the executive committee is sufficient, as the creation of these other categories falls within the committee’s statutory purview.
Membership in the association is obtained by submitting an application to the executive committee, which makes the final decision without having to justify its decision. The committee will specify to the applicant, as appropriate, the information it needs to form its opinion.
Upon acceptance, the member is liable for the entrance fee and the annual membership dues.
Membership is lost by resignation requested by registered letter with acknowledgment of receipt addressed to the association’s board of directors. This resignation, accepted by the board, takes effect only after all sums owed to the association have been settled, including current and past dues, and this until December 31st following the date of effective settlement of accounts.
Membership is also lost by non-payment of dues for at least one year, such non-payment being considered a letter of resignation. The subsequent procedure is governed by the above paragraph.
Membership is lost by expulsion decided by the board after hearing the member in closed session, following a summons sent by registered letter with acknowledgment of receipt at least one month before the said meeting. The board’s decision is final and does not require formal justification. This constitutes an amicable settlement agreement between the parties. Accounting is handled as outlined above.
The person subject to this measure may be assisted by a member of the board of their choice who is up-to-date with their dues.
Adherence to these bylaws constitutes formal acceptance of the wording of this article.
The association’s resources consist of:
– Membership fees and donations;
– Donations and grants received;
– Special contributions;
– Fees received for services provided by the association;
– Income from its own assets;
– All other resources authorized by law.
The association’s assets alone are liable for commitments made by it or its statutory or authorized representatives, and for any judgments rendered against it, without any of its members being held personally liable or prosecuted in this regard, even those involved in its administration, except in cases of serious misconduct.
The Association is administered by a board of directors composed of members elected by the general assembly and members elected—or provisionally co-opted—by the board.
The general assembly elects from among its full members, from 6 to 14 directors, presented on closed lists, to the board, represented by its secretary general or president, at least 5 days before the general assembly meeting.
The de facto regional groups, established by the board of directors as needed in specific locations around the world, composed of active and full members residing in those regions, elect a « Regional President » from among their members as soon as their membership reaches at least six. Failing this, the board of directors co-opts this « Regional President » and their deputies for a transitional period until regional activity has become sufficiently robust to allow for a formal election.
Regional Presidents are ex officio members of the board of directors.
The council freely and independently defines the boundaries of the different regions.
The council freely elects its president, vice-presidents, general secretaries, and treasurers from among its members, who together constitute the association’s executive committee. It also fills any other positions it deems necessary at any given time. Similarly, it terminates any appointment it has itself made.
Terms of office may not exceed three years and are all renewable. The president’s term may not be renewed more than once consecutively, except by a reasoned resolution of the general assembly for each additional renewal.
The council, and by tacit delegation from the council, the executive committee (outside of council meetings), manages the association.
To this end, it receives the broadest possible delegation of authority from the general assembly, specifically for the benefit of the council and its president.
The president alone is authorized to bind the association and to represent it, including in legal proceedings, without requiring any specific or formal mandate.
The Secretary and the Treasurer each receive tacit authorization from the President for their respective responsibilities: managing the archives and correspondence, and managing the finances.
The Board meets at least twice a year. If more frequent meetings are necessary, the President or the Secretary is authorized to organize them and set the agenda. Failing that, one-quarter of the Board members decide together on a meeting and its purpose.
The General Assembly meets at least once a year, convened by the President or the Secretary. Its agenda is set by the Board of Directors and cannot be deviated from without the Board’s approval.
The Executive Committee is authorized to authorize the President to acquire, sell, transfer, or grant security interests in real estate.
The General Assembly is considered ordinary whenever it does not need to amend the bylaws or decide on the dissolution of the association or its merger with another association. In these latter cases, the meeting is extraordinary.
Meetings are convened by notice in the association’s newsletter. At least fifteen days’ notice is given. The summary agenda is announced in the notice and detailed at the start of the meeting. Any member may request the addition of a specific item to the agenda. The board’s decision on this potential partial amendment to the agenda is final and cannot be appealed within three days preceding the meeting.
Decisions are made by a simple majority of votes cast, without a quorum, for ordinary general meetings.
For extraordinary meetings or decisions, they are deemed adopted by a qualified majority of 60% of those present if the quorum of 20% of registered members is met by those present or represented.
At general meetings, only full members who participate in the deliberations may submit a proxy.
Proxies may be blank or named.
Blank proxies are statutorily considered to be addressed to the President, who alone, by virtue of his office, may hold more than two.
All other members of the association may attend the general meeting in an advisory capacity.
As needed, and subject to compliance with applicable law and case law, the Board of Directors is authorized to make the necessary decisions to address new situations not covered by the bylaws. It shall report on these decisions at the first General Meeting to be held.
The President may delegate and grant all powers. These powers and delegations shall remain valid for three months after the end of the President’s term to ensure the continuity of the Association’s activities and operations, unless revoked by the President’s successor before the end of this three-month period.
The President may establish internal regulations for the College, if deemed necessary, and submit them to the Board of Directors for approval. These regulations would supplement the present statutes.
They would enter into force upon approval, without waiting for ratification by the next General Meeting.
7.1 Participation in General Assembly Meetings by Videoconference or Electronic Means of Communication
7.1.1 Prior to each General Assembly meeting, at the request of one or more members, the President of the Association may authorize them to participate in the meeting by videoconference or any electronic means of communication allowing their identification, subject to the conditions and provisions set forth by applicable laws and regulations.
7.1.2 These means must transmit at least the voice of the participants and meet technical specifications enabling the continuous and simultaneous transmission of the proceedings.
7.1.3 In the event of a malfunction of the telecommunications or videoconferencing system, as determined by the President, the General Assembly may validly deliberate and/or continue with only those members physically present, provided that the quorum requirements are met.
7.1.4 Any technical incident disrupting the operation of the meeting, including but not limited to interruptions and restorations of participation via telecommunication or videoconference, will be recorded in the minutes of the meeting.
7.2 Electronic Transmission of Information and Notices
7.2.1 When the Association is required to comply with a request from a member of the General Assembly to provide a document or information prior to a meeting, this communication may be validly made by email, provided that the member indicates in their request the email address to which it may be sent.
7.2.2 Members of the General Assembly and other persons entitled to attend meetings will be notified by any means ensuring their effective information of the date and time of the meeting, as well as the conditions under which they may exercise their rights, at least ** working days before the date of the meeting.
7.3 Participation in Board of Directors meetings by videoconference or electronic means
The provisions of section 7.1 above concerning participation and voting by videoconference or by any means of telecommunication and electronic transmission of the General Meeting apply to meetings of the Board of Directors.
Done in Marseille, November 27, 2020