The statute

Gay and Lesbian Recreational Clubs Association

TITLE I

Name, Registered Office and Social Aims

Art. 1 Name, Brand and Registered Office

The association named “Associazione Ricreativa Circoli Omosessuali”, acronym «ARCO», is established as a national social promotion association pursuant to art. 148 of DPR 917/1986 (Consolidated Income Tax Act).

The association has its registered office in Bologna, via della Salute 8/2/a.

The transfer of the registered office within the territory of the Italian Republic, resolved by the National Board by an absolute majority of its effective members, does not constitute a statutory amendment.

The ARCO brand (reported at the bottom of this Statute), and any other brand and/or name used by it, are the property of the national Association and of the entities adhering to ARCO upon grant and in any case always under the direct control of the Presidency Office. The termination of the association relationship of an adhering entity results in the automatic and immediate prohibition of their use in any form.

Art. 2 Nature and Aims

The founding values of ARCO are the promotion of civil rights, the fight against discrimination based on sexual orientation, social inclusion, the secular nature of Institutions, freedom, equality, solidarity, peace, protection of the environment and health. ARCO and its affiliated clubs work to build a better, secular and democratic society, where individual freedoms and human and civil rights are recognized for every person, regardless of choices of sexual orientation, gender identity or any other personal or social condition; a better society that guarantees every individual the inalienable right to the pursuit of freedom and happiness, in a context of peace and a serene relationship with the social and natural environment.

ARCO is a democratic organization both in terms of the functioning of its governing bodies and their election, and in how its internal life is organized. ARCO is a non-profit. Any profits, funds, reserves or capital may not be distributed, during the life of the Association, even indirectly, among the members; unless such allocation or distribution is required by State law. The Association has unlimited duration.

ARCO has the following aims:

  • To affiliate other associations, with similar aims, in order to create solidarity networks, share experiences, build projects, create recreational spaces aimed at the personal and social growth of LGBTI citizens;
  • to work in the field of information, media and communication culture to affirm a positive image of homosexuality and homosexuals in society, as well as to contribute to the affirmation and development of the civil rights and freedoms of LGBTI people, in this sense ARCO favors and promotes the maximum visibility of LGBTI people and their coming-out;
  • to create a charter of intents on the relationship between information and homosexuality in collaboration with the relevant bodies;
  • to contribute to building socio-assistance services for the LGBTI community, particularly regarding psychophysical health, the fight against sexually transmitted diseases and to disseminate information and knowledge about them;
  • to produce editorial material in the form of books, magazines, posters, informational brochures, gadgets, films, websites, creation and/or management of TV and radio channels, programs transmitted by any technical means and anything else deemed appropriate to pursue the aims of the Association itself;
  • to affirm the right to sexual freedom and autonomy of individuals, to respect for each one’s identity and the possibility of choosing a self-determined, satisfying and happy existential and life path;
  • to fight against every form of discrimination and repression by fostering the free development of human identity, without distinction of sex and sexual orientation, race or ethnicity, religion, language and social status, in every social, political and judicial venue;
  • to fight, also pursuant to Art. 2 and 3 of the Constitution of the Italian Republic, for the protection of the inviolable rights of the individual, both as a single person and in the social formations in which their personality is expressed, understanding as an inviolable right also the free manifestation of one’s affective world, and as a social formation also the structure that two or more people freely choose to give, also on a legal level, to their relational life;
  • to foster opportunities for meeting and socialization for gay and lesbian people, through the organization, management or participation in cultural, recreational, leisure or tourist activities.
  • to organize or participate in public events;
  • to organize conferences and moments of study and in-depth analysis on issues relating to lesbian and gay people and their rights, particularly in the field of communication and public relations.

TITLE II

Members

Art. 3 Rules and Criteria for Membership

Membership in the association is free and voluntary, but commits the members to respect the resolutions taken by its representative bodies, according to their statutory competencies.

Those who share the general regulations of ARCO and commit to participating in the life of the Association can be admitted as members of ARCO. The application for admission as a member of ARCO is submitted to an Affiliated structure which, having verified the satisfaction of the requirements provided for by this Statute, through the presentation of the self-certification form together with the simultaneous payment of the membership fee (contribution), proceeds with the immediate issuance of the membership card. ARCO reserves the right, through the affiliated structure, to refuse the application within thirty days of its submission; in case of non-acceptance of the application, the fees paid by the member will be fully refunded.

Following the issuance of the membership card, members immediately participate fully in the associative activity of the Entity through the aforementioned Affiliated Associations.

The Membership system is unique and national and may provide for types of cards with different names and fees established on proposal of the Presidency Office and ratified by the National Board; regardless of the type of card, all members have the same rights to elect and be elected to social positions. Membership is handled through the Affiliated Associations upon delegation by the National President who, at any time, having heard the binding opinion of the Presidency Office, can revoke this delegation and prohibit the affiliate from processing memberships. This decision must be ratified within 30 days by the National Board.

Art. 4 Rights and Duties of Members

All members have equal rights and term memberships are not permitted.

All members, through the affiliated association, according to the principles of internal democracy and free participation, contribute to the formation of the will of ARCO.

Members are entitled to:

  • participate in the activities promoted by the Association;
  • contribute to the development and achievement of the Association’s aims;
  • elect and be elected to the management, guarantee and control bodies in the manner and terms established by the Statute and regulations.

Members are required to:

  • pay the membership fee by the established deadlines;
  • refer the resolution of any internal disputes to the statutory bodies of the Association.

Membership fees or contributions or shares of the common fund, as well as the status of member, are non-transferable except, in cases imposed by Law, for transfers upon death; they are not revaluable and are not refundable under any circumstances, except in the cases expressly provided for by this Statute.

ARCO guarantees the adoption of the most rigorous measures regarding the protection and confidentiality of personal data in compliance with the provisions of Legislative Decree 196/2003 and subsequent amendments and GDPR 679/2016.

Art. 5 Lapse, Suspension, Exclusion of Members

Membership lapses in the following cases:

  • by resignation;
  • by death.
  • by expulsion.

When cases of incompatibility with the general aims of the Association are identified, the Member may be suspended or in more serious cases expelled.

These measures can only be adopted following a disciplinary procedure, provided for in a specific regulation, in which the right to a fair hearing is guaranteed.

Art. 6 Affiliation

Associations, circles or clubs, of a cultural, social, recreational, integration, environmental, travel and leisure, social cooperation nature, ONLUS, which carry out non-profit activities related to or in any case compatible with art. 2 of this Statute, can be affiliated with ARCO.

The methods of affiliation, suspension or expulsion and participation in the National Congress are established by this Statute, or failing that, by the regulations approved by the National Board.

If the affiliated structures operate in clear contrast with the aims and statutory provisions of ARCO, do not respect the regulations and resolutions of the governing bodies or cause material harm to ARCO, upon suitable written motivation, they can be suspended as a precaution by the National President after hearing the binding opinion of the Presidency Office. An appeal to the internal guarantee bodies is always allowed. The expulsion of Affiliates to be effective must always be resolved by the National Board by an absolute majority of its members in office.

Art. 7 Rights and Duties of Affiliates

The Affiliated Associations promote and publicize their own aims provided in their respective Statutes and those provided for by this Statute.

They have the right to participate in the democratic life of the Association according to the statutory norms and any regulations.

Each affiliated association maintains its own financial and legal autonomy. Only the affiliated association that contracted them is liable for its obligations.

They have the right to enjoy the benefits deriving from the ministerial recognition that ARCO obtains by affiliating with an entity recognized pursuant to art. 148 of Legislative Decree 917/86 (Tuir) when the legal requirements exist.

The affiliated associations are required to:

  • respect the statute, regulations and resolutions of the governing bodies;
  • pay the membership fees by the established deadlines;
  • refer the resolution of any internal disputes to the statutory bodies of the association.
  • respect the general principle of member circulation among affiliates in relation to the type of card held, with the exception of specific cases established and authorized, from time to time, in concert with the national governing bodies.

TITLE III

Organization and Functioning

Art. 8 Bodies and Functions

The governing bodies of the Association are: The National Congress;

the National Board; The National President; the Presidency Office; The Board of Guarantors.

The ordinary National Congress is held at least every five years to renew the governing bodies of the Association.

The management functions belong to the National President, the National Board and the Presidency Office.

The functions of control, guarantee and justice, belong to the Board of Guarantors.

Art. 9 Candidacies

All candidacies for positions in ARCO must be sent, in accordance with the congress regulations, to the Presidency Office, no later than 12:00 on the 60th day preceding the National Congress, under penalty of inadmissibility. In the case referred to in art. 10, fifth paragraph, the term is halved.

It is not permitted to submit candidacies for more than one position within the same National Congress.

Art. 10 National Congress: Composition and Convocation

The National Congress is the sovereign body of the Association. It can be ordinary or extraordinary.

The ordinary or extraordinary National Congress is composed of the delegates elected for this purpose in the Affiliated Associations, identified according to the criteria of proportionality and representativeness referred to in art. 11. The second call must differ from the first by at least 24 hours.

The extraordinary National Congress must be convened in the cases provided for by this Statute and whenever a motivated request is presented by 10% of the members or by the absolute majority of all the components of the National Board.

The convocation of the ordinary National Congress is made by the President upon resolution of the National Board, with a notice of convocation sent by email to all the Presidents of the Affiliated Associations at least 120 days before the Assembly. The Presidents of the Affiliates provide suitable publicity to all members. The notice will indicate the agenda of the proceedings, the place and time of the Congress, both in the first and second call, as well as the invitation to the Presidents of the Affiliates to proceed, no later than the 20th day preceding the Congress, to send the names of the delegates.

The convocation of the extraordinary Congress is made according to the rules of the previous paragraph, but the terms are halved.

The National Congress, both ordinary and extraordinary, is validly constituted on the first call with the presence of at least half plus one of the delegates. On the second call, the presence of at least 1/3 of those entitled to vote is sufficient.

Art. 11 Criteria for Identifying Delegates

The delegates to the National Congress are appointed by each Affiliated Association according to the methods and terms established in their respective statutes and/or regulations. In any case, these terms must always be based on democratic principles aimed at guaranteeing the effective participation of all members.

Each Affiliated Association is entitled to 1 delegate for up to 500 members, a further delegate up to the thousandth member, from the 1001st member 1 delegate for every additional 2000 members or fraction of 2000. Members are understood as members with a valid ARCO card as of December 31 of the year preceding the year of convocation of the National Congress.

The affiliated associations, within the terms provided for in art.10, communicate to the Presidency Office the list of names of the delegates and any substitutes.

All names of those entitled to vote will be announced for accreditation within the five days preceding the Congress.

Art. 12 Competencies of the Ordinary and Extraordinary National Congress

The ordinary and extraordinary National Congress:

  1. elects, with independent votes from one another, in the following order: the members of the National Board, the members and the President of the Board of Guarantors;
  2. resolves on all other items on the agenda;
  3. discusses and approves proposals to amend the national Statute;

Art. 13 Deliberation Methods of the National Congress

Except as provided for proposals to amend the Statute and for the dissolution of the Association, the National Congress, ordinary and extraordinary, validly deliberates with the majority of the votes cast. Deliberations are taken by open vote. The vote is by secret ballot when requested by at least 1/3 of those entitled to vote.

Art. 14 National President

The National President has the legal representation of ARCO and, together with the National Board, is responsible to the National Congress for the functioning of the Association. He/she holds the powers of ordinary and extraordinary administration.

The National President convenes and chairs the National Board and the Presidency Office, after formulating the agenda, oversees the execution of the adopted resolutions and signs the official acts.

He/she convenes the Presidency Office whenever he/she deems it appropriate for service needs. He/she also convenes the National Congress, except in the cases provided for by this Statute.

In cases of urgency, he/she may adopt measures falling within the competence of the National Board, or the Presidency Office, necessary to avoid prejudice to the Association, with the obligation to submit them for ratification at their first useful meeting. He/she may delegate the signature for specific acts.

In cases of absence or temporary impediment of the President, his/her functions are assumed by the Vice President.

The National President is elected by the National Board.

The candidate who has obtained at least half plus one of the votes present is elected.

In the event that the quorum referred to in the previous paragraph has not been reached, a runoff will be held between the two candidates who received the highest number of votes.

Art. 15 The National Board: Composition and Convocation

The National Board is composed of 25 Councilors elected by the National Congress, among them, always the National President who chairs it and the Vice President.

The National Board meets:

    1. when the National President deems it appropriate;
    2. when an explicit request is made by at least 15

of all its components.

The National Board must meet at least twice a year. The convocation, containing the agenda, must be sent to those entitled by letter or fax, or telegram, or email, at least ten days before the date set for the meeting. The Board is validly constituted, on the first call, when the President, or his/her substitute, and the majority of all components are present; on the second call, there are no quorum requirements. The Board of Guarantors must be invited to the meetings.

In case of resignation of a Councilor or if a Councilor is absent for three consecutive meetings (except for cases of justified written reason) which results in automatic lapse from the National Board, they may be replaced by the National Board itself with the appointment of new councilors up to a maximum of 5 councilors during the entire term.

Deliberations are taken by a simple majority. In case of a tie, the vote of the President or the chairperson prevails. The vote can be delegated at the rate of one delegation per present councilor.

The Presidents of the Affiliated Associations may participate in the proceedings, without the right to vote.

Minutes are taken of each meeting of the National Board, signed by the National President and the person in charge of minute-taking pro tempore. These minutes are kept and made known at the registered office of the Association.

Art. 16 Competencies of the National Board

The National Board directs and administers the activity of the Association, prepares programs in conformity with the directives approved by the Assembly and ensures their implementation for the pursuit of the institutional aims; in particular, it realizes the purposes and functions of the Association. To this end:

  1. it elects the National President, meeting for this purpose immediately after its election in the National Congress and whenever required by the statutory norms;
  2. it appoints, upon indication of the President, the Vice President, the Treasurer and the members of the Presidency Office and, in the presence of justified reason, upon indication of the President, revokes them, providing concurrently for their replacement;
  3. it meets annually by June 30 for the approval of the financial statement and budget prepared by the Presidency Office; failure to approve the financial statement results in the lapse of the President, the Presidency Office and the National Board;
  4. it issues any regulations of the Association and their subsequent modifications;
  5. it oversees the observance of the Statute and norms of the Association;
  6. it establishes the fees and methods of affiliation, the membership fees and its general methods;
  7. it authorizes the President to stipulate agreements and conventions with Private parties, Associations and Public Institutions, both national and foreign, for the achievement of the institutional aims of the Association, as well as ratifies the measures adopted urgently by the President;
  8. it takes, in agreement with the Affiliated Associations, all organizational initiatives aimed at ensuring the presence and balanced development of the Association, it provides for what is expressly attributed to it by law, by this Statute and by any regulations;
  9. The National Board, between one Congress and another, with a favorable vote of the absolute majority of its members, can make amendments to this statute limited to the needs that have become necessary to adapt it to intervening legal provisions.

Art. 17 Presidency Office: Appointment, Composition and Convocation

The Presidency Office is composed of the President who chairs it, the Vice President, the Treasurer and a number of members, from 2 to 6, elected by the National Board upon proposal of the President.

The Presidency Office meets when it deems it appropriate and, in any case, in relation to the matters indicated in art. 22 and 24.

For the validity of the deliberations, a simple majority is required. In case of a tie, the vote of the President or the chairperson prevails. The vote is not delegable.

Minutes are taken of each meeting of the Presidency Office, signed by those present, kept and made known to the members at the registered office of the Association.

Art. 18 Lapse of the Presidency Office

In case of resignation of half plus one of the members of the Presidency Office, the Presidency itself will lapse, and it must be reconstructed by the National Board, upon proposal of the President, at the first useful meeting specifically convened by the National President.

Art. 19 Competencies of the Presidency Office

The Presidency Office:

    1. accepts, in the first useful session, the affiliation applications of Circles and Associations;
    2. serves the secretarial functions proper to the National President;
    3. performs the functions of minor coordination of the Association, when this function is not assigned by the Statute or regulations to another body;
    4. holds and archives copies of the Statutes and Electoral Regulations as well as copies of the membership books of the Affiliated structures to be updated at least once a year and in any case before the National Congress for electoral purposes;
    5. administers the funds and assets of the association according to the provisions of the approved financial statement pro tempore.

Art. 20 The Board of Guarantors

The Board of Guarantors is composed of a President and two effective members and one substitute, possessing specific professional skills and knowledge, elected by the ordinary National Congress, who may also be chosen from among non-members of the Association. The term of office is five years; it does not lapse in case of the lapse of the National Board.

The Board of Guarantors is convened at the national headquarters of ARCO and is chaired by its President; it decides by an absolute majority.

The Board of Guarantors has the task of:

  1. controlling the accounting management of the Association;
  2. verifying the regular keeping of the accounting;
  3. preparing a report on the budget and financial statement, as well as on proposals for variations to the same;
  4. has functions of interpretative guarantee of the statutory and regulatory norms of the Association for all levels of the Association.

Minutes are taken of each meeting of the Board, signed by those present.

TITLE IV

Assets, Resources and Administration

Art. 21 Assets

The assets of the Association are indivisible and intended solely, permanently and entirely to support the pursuit of the social aims.

It consists of:

    • liberal contributions, donations, bequests;
    • surpluses from the annual exercises;
    • movable and immovable property owned by the same.

Art. 22 Revenue

The sources of financing for the Association are:

  • the annual membership and card fees of members and adhering associations;
  • the proceeds deriving from the economic management of the assets;
  • the proceeds deriving from the direct management of activities, services, initiatives and projects;
  • public and private contributions;
  • any other revenue not specified above. Art. 23 Financial Statements

The financial year runs from January 1st to December 31st of each year.

At the end of the financial year, ARCO deliberates the financial statement which, together with the report of the Board of Guarantors, are submitted to the National Board for approval in the manner provided for by the Statute or regulations within 6 months of the end of the financial year to which it refers. A further extension may be provided for in case of proven necessity or impediment.

The annual financial statement and the illustrative reports must be publicized through the possible social website or other suitable forms of publicity.

The National Board deliberates the allocation of any profits which, excluding the reserve quota, must be reinvested in the institutional activities.

Art.23 Remuneration

For the pursuit of its social aims, ARCO may hire employees and/or avail itself of self-employed or professional workers, also resorting to its own members, in any case classification according to law must be guaranteed.

All associative positions are performed on a voluntary basis, with the right to reimbursement of expenses possibly incurred for the performance of the functions, provided they are duly documented.

Art. 24 Dissolution

The dissolution of ARCO can be deliberated, with a majority of 3/5 of those entitled, only by a National Congress specifically convened for this purpose.

In case of dissolution, the assets of ARCO, after deducting liabilities, will be devolved to another association or to a foundation or for purposes of general public utility, after consulting the control body referred to in article 3, paragraph 190, of law no. 662 of December 23, 1996, and unless otherwise required by law.

Art. 25 Obligations

Each organizational level of the Association is solely responsible for the obligations directly contracted by it.

TITLE V

Final Provisions

Art. 26 Arbitration Clause, Attempt at Conciliation.

All those who adhere to ARCO recognize the absolute necessity that disputes of any kind arising between members and/or affiliates and between these and the Association are resolved within ARCO; they therefore commit without reservation to refer to the exclusive jurisdiction of a mediator-conciliator the solution of the aforementioned disputes, provided they relate to disposable rights, for any fact or cause that does not fall within the statutory competence of the Board of Guarantors. Failure to comply with this obligation results in the assumption of disciplinary sanctions against the non-compliant member or affiliate.

The mediator-conciliator is regulated by Legislative Decree 28/2010 and subsequent amendments. The body is chosen by agreement between the parties, or failing that, by the party who first initiated the mediation.

Art. 27 Closing Provision

For anything not expressly provided for by this Statute or the regulations, the laws in force on the matter shall apply.



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