Statute of the Association of Private Detectives

 

           Title

Article 1. The name of the association is the Association of Private Detectives, hereinafter referred to as the Association. The Association is a non-profit association within the meaning of the Non-Profit Legal Entities Act.

Article 2.1) The Association is a non-profit association for carrying out activities for private benefit, with its own statute, sign and seal. The Association is a legal entity with its headquarters and management address in the city of Sofia..

Art. 2. (2) The existence of the association is not limited by a term.

        II.            Essence, goals, objectives:

Art. 3. (2) The objectives of the Association are:

1. To research, coordinate and unite the interests of legal entities and individuals operating in the field of private investigations in the Republic of Bulgaria.

2.        To represent and protect the interests of legal entities and individuals working in the field of private investigations before state institutions in the Republic of Bulgaria and related international organizations, striving for membership in them.

3.        To guarantee equal and fair relationships between workers in the industry, built on the principle of free competition.

4. To promote the prosperity and public recognition of private detectives in Bulgaria.

5.        To work actively to establish lasting interaction with the bodies of the Ministry of Interior, local authorities and other related organizations on prevention in combating crime.

Article 4. To fulfill its main objectives, the Association:

1.        Will hold periodic meetings of the members of the Association for communication and free exchange of information, for consideration of specific topics or for meetings of the general assembly of the Association.

2.        Will assist in supporting the entry of Bulgarian private detectives into the international market.

3.        Will support scientific, informational and commercial cooperation with companies and organizations from the country and abroad.

4.        I will establish international contacts with other related organizations in other countries.

5.        Will organize business meetings, conferences and other forums related to the development of the private exploration industry in Bulgaria.

6.        Will provide information and create an atmosphere and conditions for active mutual assistance between the members of the Association within the limits of its capabilities and competence.

7.        Will make proposals to the competent authorities for improving the regulatory framework and participate with its representatives in working groups for the development of regulatory acts.

8.        Creation of a Code of Ethics for the Private Detective and internal regulations for the ACD.

Article 5. Voluntariness, professionalism, pluralism, mutual respect and loyalty are fundamental principles in the structure and activities of the Association.

      III.            Property, funds

Article 6. The association raises funds to achieve its goals from:

1. Monthly membership fee, the amount of the membership fee being voted annually by the general meeting for the current year.

2.        Donations and sponsorships from Bulgarian and foreign individuals and legal entities.

3.        Own activities permitted by Bulgarian legislation.

4.        Wills from local and foreign individuals.

5.        Чрез кандидатстване пред местни и международни   фондове отпускащи средства за подпомагане на организации осъществяващи подобна дейност.

Article 7. The association will also be accountable to the respective donor for the funds spent.

     IV.            Membership in the SCHD, rights and obligations of members

Article 8. Any Bulgarian legal or natural person who practices private research activity or is sympathetic to its specifics, who accepts the goals and statutes of the Association and is ready, within the limits of his competence and capabilities, to work for their implementation, may become a member of the Association. Natural persons who are members of the Association must:

·          Be of legal age / 18 years of age / and have full legal capacity.

·          Not have been convicted of intentional crimes of a general nature, regardless of the type of punishment imposed on them, unless they have been rehabilitated.

·           No charges have been brought against the person for a crime of a general nature or preliminary proceedings have been initiated at the time of his application for membership in the Association.

·          To possess high moral and ethical qualities, to respect the Constitution and the laws of the country, to have behavior that enhances the prestige of the private detective in society.

Article 9.

  • (1) Membership in the Association arises from the moment of the decision of the Management Board of the Association.
  • (2) The initial members are the legal entities and individuals who signed the founding protocol.
  • (3) Any legal entity or individual wishing to become a member of the Association submits a written application in which they inform about the area in which they operate and declare that they accept the goals and statutes, as well as that they will work to achieve the goals of the Association.
  • (4) The application is submitted to the Association through the Chairman or one of the members of the Management Board.
  • (5) Управителния съвет може да вземе решение за приемане на член или да откаже приемане в Асоциацията.

Article 10. The decision of the Management Board to refuse to accept a certain person as a member is subject to appeal to the General Assembly of the Association.

Article 11. (1) Membership is terminated by decision of the Management Board in the following cases:

1. Voluntary departure from the Association.

2. Expulsion of the relevant member for violation of the statutes, misuse of the Association's property or behavior that makes further membership incompatible.

3.        In case of non-payment of membership fees for more than three months.

4.        Upon death or incapacity for natural persons or upon termination for legal entities.

5.        Upon the termination of the non-profit legal entity subject to these statutes.

Article 11. (2) The decision of the Management Board to expel a member of the Association is subject to appeal to the general meeting of the association.

Article 12. Every member of the Association has the right:

1.        To participate in the activities of the Association.

2.        Free to express his/her opinion on all matters.

3. To elect and be elected to the governing bodies of the association.

4.        4. To be an initiator or participant in permanent or temporary formations to solve various tasks in the spirit of the Association's statute.

5.        To possess the Statute, membership card and badge.

Article 13. Each member is obliged to:

1.        To comply with the statutes and decisions of the General Assembly.

2.        To work actively to achieve the goals of the Association.

3.        To refrain from activities that damage the prestige of the Association.

4. To regularly pay the membership fee in the amount determined by the General Assembly.

Art.14. The Association may accept guest members, persons who accept the goals, objectives and Statutes of the Association, but do not meet the professional criteria for membership, according to Article 8 of the Statutes of the Association. They may attend the meetings of the General Assembly and the Council upon special invitation, but without the right to vote.

       V.            Device

Article 15. Сдружението има следните органи:

1.        General meeting.

2.        Management Board of the Association.

Article 16.

  • (1) The supreme body of the Association is the General Assembly, which consists of all members. The General Assembly has the right to make decisions on all issues related to the activities of the Association, including:

1. Elects and dismisses the members of the Board of Directors;

2.        Amends and supplements the statutes of the SCHD;

3.        Adopts the main guidelines and program for the development of the SCT;

4.        Makes a decision to transform or terminate the SCH;

5.        Adopts the report on the activities of the Management Board;

6.        Adopts the budget;

7.        Makes a decision on the due date and amount of membership fees or property contributions;

8.        Cancels decisions of the other bodies of the Association that contradict the law, the statutes or other internal acts regulating the activities of the Association;

9.        Makes other decisions that the law or this statute has placed within its competence.

  • (2) The general meeting is convened by the Board of Directors of the Association on its own initiative or at the request of one third of the members of the association. If in the latter case the Board of Directors does not convene a general meeting within one month, it is convened by the court at the registered office of the association upon a written request of the interested members or a person authorized by them.
  • (3) The invitation must contain the agenda, date, time and place of the general meeting and on whose initiative it is being convened.
  • (4) The invitation is published in the "State Gazette" and placed in the notice board in the building where the Association's headquarters are located, at least one month before the scheduled day.
  • (5) The general meeting is considered legal if at least half plus one of all members are present. In the absence of a quorum, the meeting is postponed one hour later at the same place and with the same agenda and can be held regardless of how many members are present.
  • (6) Each member of the general meeting has the right to one vote.
  • (7) The General Meeting is chaired by the Chairman of the Association. In his/her absence, the General Meeting is chaired by a member of the Board of Directors elected by the same.
  • (8) The decisions of the General Assembly are taken by a majority of those present. The decisions under Art. 16, item 2 and item 5 are taken by a 2/3 majority of those present.
  • (9) The decisions of the General Assembly are taken by open vote. Decisions are taken by secret ballot only if the General Assembly makes a special decision for a secret ballot on a specific issue.
  • (10) No member has the right to vote in matters concerning him, his spouse, relatives in the direct line - without restrictions, in the collateral line - up to the fourth degree, or by marriage - up to the second degree inclusive.
  • (11) One person may represent no more than three members of the general meeting on the basis of a written power of attorney. Sub-authorization is not permitted.
  • (12) A written record shall be drawn up for the conduct of the general meeting, which shall contain the date and type of the meeting, the agenda considered and the decisions taken, as well as the number of members of the Association represented. A list of the members present shall be drawn up as an annex to the record. The record shall be certified by a secretary and two tellers elected by the general meeting.

Article 17.

  • (1) The management body of the activity is the Management Board, consisting of at least three persons and at most eleven. Members of the Management Board can be both natural persons and legal entities.
  • (2) All members of the Board of Directors of the Bulgarian Agricultural Cooperative are elected by the general meeting. The members of the Management Board are elected for a term of up to five years.

1.        Proposals for members of the Board of Directors of the SCHD are made by the members of the SCHD present at the general meeting.

2.        Each candidate member of the Board of Directors shall be voted on separately.

  • (3) The Management Board elects from its members a Chairman, a Deputy Chairman, and an operational bureau.
  • (4) The Association is led by the Chairman of the Board.
  • (5) The Board of Directors:

a. represents the association, as well as determines the scope of the representative power of its individual members;

b. ensures the implementation of the decisions of the general meeting;

c. disposes of the Association's property;

d. prepares and submits a draft budget to the general meeting;

e. makes decisions on the implementation of the Association's budget and the methods of its spending;

f. determines the order and organizes the performance of the association's activities and is responsible for this ;

g. prepares and submits to the general meeting a report on the activities of the Association;

h. Convenes the general meeting of the SCHD for regular and extraordinary meetings when important circumstances require it.

and elects a liquidator of the association;

k. determines the method of payment of membership fees;

l. exercises other powers that the law or these statutes have not granted to the competence of another body of the Association;

  • (6) The Management Board is convened in session by the Chairman of the Management Board. The Chairman is obliged to convene a meeting of the Management Board upon a written request of 1/3 of its members. If the Chairman does not convene a meeting within a week, it may be convened by any of the interested members of the Management Board. The meeting of the Management Board is chaired by right by the Chairman of the Management Board or, if impossible, by another member of the Management Board.
  • (7) The Management Board may make decisions if more than half of its members are present at its meeting.
  • (8) Decisions are made by a majority of those present, and decisions under Art. 17, para. 5 .”c”, “e” and “i” by a majority of all members of the Board of Directors.
  • (9) The Board of Directors may also make absentee decisions. In these cases, the minutes of the decision must be signed without comments or objections by all members of the Board of Directors.

     VI.            Representative office

Article 18. The Association is represented by the Chairman of the Association, and in his absence by a member of the Board of Directors authorized in writing by the Chairman.

Article 19. The Association develops its branches in the country on a territorial basis. The regional representatives represent the Association in the respective region, but do not have the right to represent it. /i.e. to assume rights and obligations on its behalf/.

    VII.            Termination and liquidation

Article 20. The association is terminated:

1.        upon the expiration of the term for which it was established;

2.        by decision of the general meeting;

3.        by decision of the district court of the registered office in the cases provided for by law;

Article 21.

  • (1) Upon termination of a limited liability company, liquidation is carried out.
  • (2) The liquidation is carried out by a liquidator elected by the Board of Directors. In case the Board of Directors does not appoint one, he is appointed by the district court at the registered office of the association.
  • (3) The distribution of the property remaining after the creditors have been satisfied is decided by the general meeting of the Association.
  • (4) After distribution of the property, the liquidator is obliged to request deletion of the Association's registration from the district court of its registered office.

VIII. TRANSITIONAL AND FINAL PROVISIONS

        2. The provisions of Bulgarian civil legislation shall apply to issues not settled by this Statute.

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