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47 Otets Paisiy St., 1303 Center, Sofia

Bylaws

Statutes of the Association of Private Investigators

 

           Designation

Art. 1. The name of the association is the Association of Private Detectives, hereinafter the Association is a non-profit association within the meaning of the Law on Non-profit Legal Entities.

Art. 2 (1)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 seat and management address in the city of Sofia.

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

        II.            Essence, goals, tasks:

Чл. 3. The goals of the Association are:

1. To study, coordinate and unite the interests of legal and natural persons operating in the field of private research in the Republic of Bulgaria.

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

3.        To guarantee equal and fair relations between those working in the branch, 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 permanent interaction with the bodies of the Ministry of Internal Affairs, local authorities and other related organizations on prevention in the fight against crime.

Чл. 4. To fulfill its main goals, the Association:

1.        It will carry out periodic gatherings of the members of the Association for communication and free exchange of information, for consideration of specific topics or for meetings of the general meeting of the Association.

2. It will help to support the entry of Bulgarian private detectives into the international market.

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

4.        Will make international contacts with other related organizations in other countries.

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

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

7.        Will make proposals to the competent authorities for the improvement of the normative base and participate with all its representatives in working groups on the drafting of normative acts.

8.        Creation of a Code of Ethics for the Private Detective and rules for internal order in the ACD.

Чл. 5. Volunteerism, professionalism, pluralism, mutual respect and loyalty are basic principles in the structure and activity of the Association.

      III.            Property, funds

Чл. 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 by domestic and foreign persons.

5.       By applying to local and international funds granting funds to support organizations carrying out similar activities.

Чл. 7. The association will report to the respective donor for the funds spent.

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

Чл. 8. A member of the Association can be any Bulgarian legal entity or natural person who practices private research activity or is sympathetic to the specifics and who accepts the goals and statutes of the Association and is ready within his competence and capabilities to work for their implementation. Individual members of the Association must:

To have reached the age of majority / 18 years of age / and to be fully capable of action.

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

That there are no charges against the person for a committed crime of a general nature or initiated preliminary proceedings 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 raises the prestige of the private detective in society.

Чл. 9.

  • (1) Membership in the Association arises from the moment of the decision of the Management Board of the Association
  • (2) The original members are the legal entities and individuals who signed the founding protocol.
  • (3) Any legal or physical person who wishes to become a member of the Association submits a written application, in which he informs about the field in which he develops activity and declares that he accepts the goals and the statute, as well as that he 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) The Management Board may decide to admit a member or refuse admission to the Association.

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

Чл. 11. (1) The decision of the Management Board to refuse to accept a certain person as a member is subject to appeal before the General Assembly of the Association.

1. Voluntary withdrawal from the Association.

2.        Expulsion of the member concerned for violation of the bylaws,  misuse of the property of the Association or conduct which renders further membership incompatible.

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

4.        In the event of death or placement under guardianship for natural persons or upon termination for legal entities.

5.        Upon the termination of the non-profit legal entity subject to this statute.

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

Чл. 12. Each member of the Association has the right:

1. To participate in the activity of the Association.

2.        Free to express his 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 statutes.

5. Possess the Statute, membership card and badge.

Чл. 13. Each member of is obliged to:

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

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

3.        To refrain from activities damaging the prestige of the Association.

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

Чл.14. The Association may accept its guest members, persons who accept the objectives, tasks and Statute of the Association, but do not meet the professional criteria for membership, according to Article 8 of the Association Statute. They can attend the meetings of the general meeting and the council by special invitation, but without the right to vote.

       V.            Device

Чл. 15. The association has the following bodies:

1.        General meeting.

2.        Board of Directors of the Association.

Чл. 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 Association's activities, including:

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

2.        Amends and supplements the statutes of the SSC;

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

4.        Takes a decision on the conversion or termination of the SSC;

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

6. Adopts the budget;

7.        Takes a decision on the liability and amount of membership fees or property contributions;

8.        Cancels decisions of the other bodies of the Association, which contradict the law, the statute or other internal acts regulating the activity of the Association;

9.        Takes other decisions that the law or this statute has provided in its competence.

  • (2) The General Assembly is convened by the Board of Directors of the Association on its 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 shall be convened by the court at the seat of the association at the written request of the interested members or a person appointed by them.
  • (3) The invitation must contain the agenda, the date, time and place for holding the general meeting and on whose initiative it is convened.
  • (4) Поканата се обнародва в „Държавен вестник“ и се поставя на мястото за обявления в сградата, в която се намира управлението на Асоциацията, най-малко един месец преди насрочения ден.
  • (5) A 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 adjourned one hour later at the same place and on the same agenda and may be held however many members are present.
  • (6) Each member of the general assembly has the right to one vote.
  • (7) The General Assembly is chaired by the President of the Association. In case of impossibility, the general meeting is chaired by a member of the Board, elected by the same.
  • (8) The decisions of the General Assembly are taken by a majority of those present. Decisions under Art. 16 items 2 and 5 shall be made by a majority of 2/3 of those present.
  • (9) The decisions of the General Assembly are taken by open vote. Decisions are made by secret ballot only if the General Assembly makes a special decision for a secret vote on a specific issue.
  • (10) No member shall have the right to vote in deciding matters concerning himself, his spouse, relatives by direct line - without limitation, by collateral line - up to the fourth degree, or by matchmaking - up to the second degree inclusive.
  • (11) One person may represent no more than three members of the general meeting based on a written power of attorney. Re-authorization is not allowed.
  • (12) A written protocol is drawn up for the holding of the meeting of the general assembly, which contains the date and type of the meeting, the considered agenda and the decisions made, as well as the number of represented members of the Association. A list of the members present is attached to the protocol as an appendix. The minutes are certified by a secretary elected by the general assembly and two enumerators.

Чл. 17.

  • (1) The governing body of the activity is the Management Board, consisting of at least three persons and a maximum of eleven. Members of the Board of Directors can be both natural and legal persons.
  • (2) All members of the Board of Directors of SCD 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.        Voting is done separately for each candidate member of the Board.

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

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

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

c. disposes of the property of the Association;

d) prepares and submits to the general assembly a draft budget;

e. makes decisions on the implementation of the Association's budget and the ways of its expenditure;

f. determines the order and organizes the activity of the association and is responsible for this ;

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

h. convenes the general meeting of the SSC in regular and extraordinary meetings, when important circumstances require it.

i.   elects a liquidator of the association;

k. determines the method of payment of the membership fee;

l. exercises other powers that the law or this statute have not provided in the competence of another body of the Association;

  • (6) The Management Board is called to a meeting by the Chairman of the Board. The Chairman is obliged to convene a meeting of the Board of Directors at the 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 Board of Directors is presided over by the Chairman of the Board of Directors or, in the event of an impossibility, by another member of the Board of Directors.
  • (7) The Management Board can make decisions if more than half of its members are present at its meeting.
  • (8) Решенията се вземат с мнозинство от присъстващите, а решенията по чл.17 ал.5 .“в“, „д“ ,“и“ с с мнозиство от всички членове на УС.
  • (9) The Board of Directors can also make decisions in absentia. In these cases, the minutes of the decision taken must be signed by all members of the Board of Directors without comments or objections.

     VI.            Representation

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

Чл. 19. The association develops its divisions in the country on a territorial basis. Regional representatives represent the Association in the respective region, but do not have the right to represent it. /ie to assume rights and obligations on its behalf/.

    VII.            Termination and liquidation

Чл. 20. The association is terminated:

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

2.        by decision of the general assembly;

3.        by decision of the district court at the seat in the cases provided for by law;

Чл. 21.

  • (1) Upon termination of the SSC, liquidation is carried out.
  • (2) The liquidation is carried out by a liquidator selected by the Board. In the event that the Board of Directors does not determine one, it shall be determined by the district court at the headquarters of the association.
  • (3) The distribution of the remaining property after satisfying the creditors 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 at the registered office and.

VIII. TRANSITIONAL AND FINAL PROVISIONS

 

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

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