STATUTE OF THE ORDER
ART. 1 CONSTITUTION AND NAME
It formed on the initiative of Mauro Piacentini cultural and non-profit social organization called "Fukai Nihon 深い日本". This can take, in its name and in any distinguishing mark or communication to the public, the phrase "The Order" or simply his name.
ART.2 HEADQUARTERS AND DURATION
The order carries out its activities within the Italian territory and through its branch office, in the world. It has no profit and any profits must be allocated to the achievement of institutional goals. The order is based in Genoa. Its duration is unlimited.
ART. 3 PURPOSE AND ACTIVITIES OF THE ORDER
The Order gathers all the fans of Japan, in all its forms, shades and reality. We are apolitical, we do not tolerate discrimination based on race, sex or religion in our ranks, because each in its uniqueness can teach someone else.
In order to pursue its goals, the order will enable all the activities it deems appropriate for the realization of the projects and actions that will follow its purpose.
The order will pursue exclusively cultural aims in the ways and times that the internal organs decide, opening itself to the people, to those who know specific areas of Japanese culture, both for fundraising and / or specific initiatives.
The order has the purpose of bringing people towards this incredible culture. A rich diversity of the nation, loved for what he is and continues. Our action will change:
- Entertainment and Collectibles;
To get into the specifics of the above points refer to the prospectus of the Guide lines. Each connection with commercial activities, public or private, is ultimately only to support ourselves and / or supporting specific projects.
ART. 4 ASSETS AND FINALCIAL RESOURCES
The Order's capital base consists of common goods. Such assets may be increased as a result of acquisitions, inheritances, bequests and donations, in accordance with the relevant laws.
Other revenues consist of the "membership" fees of the members who are part of, established by the Board, which also regulate their subsequent increase and / or decrease. Each member is required to pay the membership fee on the dates and times set by the board comunicate before the end of membership or renovate it.
The order will be able to receive contributions from all those who share its aims (members or not), always keeping self in any event of its business. The proceeds of the activities will go to fund projects decided by the Board and the President.
The income of the assets and any income, including contributions (public and / or private) and income from any business ventures and not promoted by the order (direct and / or indirect), constitute the base for carrying out the ordinary activities and / or extraordinary.
The Order is forbidden to distribute, even indirectly, profits or surpluses, funds, reserves or capital during his life, unless the destination or distribution is required by law or are not made in favor of other non-profit organization by law, statute or regulation that are part of the same and unitary structure.
The order has to use any profits or operating surpluses for the realization of its institutional activities and those directly connected to them. They exclude any charitable donations.
ART. 5 ORDER ORGANS
- The Board;
- Pretors Board;
- General Secretary;
All offices are elective and during 3 years (except the President) and are free of charge (or with a minimum wage) except for the reimbursement of expenses actually incurred by reason of their office (provided they are duly documented).
Some organs can be created temporarily by the President and / or the Board to carry out specific tasks or projects. In the event that these were to be extended and will potentially require a permanent basis will be, through the approval of the Council, to their official on the staff deployment without having to change the present Charter. The "temporary nature" will be given by the composition and the duration of which will be decided according to the discipline examined and / or project.
Is prohibited the payment to the members of the administrative board and the annual individual emoluments control exceeding maximum compensation provided for by Presidential Decree n. 645/1994 and Decree-Law no. 239/1995, converted into Italian Law no. 336/1995 and subsequent modifications and additions, the chairman of the Board of S.p.A.
Until the order will go to regime, although not yet made all the organs mentioned above (some will come with time, as the domus or consilium), the order can still be considered operational and power of attorney.
ART. 6 THE BOARD
The Order is governed by the President and the Council. This is composed of three members appointed one by the President and the other two decided by the members of the order. The members of the board must have the same vision and passion for the principles of this order. With the growing of the Order the board member can go from 3 to 5/7 for get the Order work better.
Whenever it will miss a component (abandonment, deportation or death), it places the replacement, even launching new elections and putting the interim members chosen by the President and other members of the council. New members will lose their charge with the others at the end of the three years.
The Board has all the powers necessary for the ordinary and extraordinary:
- Planning a year program for the year social activities in coordination with
- Approved by the end of November is the final budget that the estimate for
the year next;
- Decides on the acceptance of contributions, donations and bequests, and
purchases and disposals of assets movable and immovable property with
partnership with the President;
- Decides the increases of the assets;
- Shall recruit and / or dismissal of staff and determines the legal treatment
and except charges appointed by the President;
- Provisions for the establishment and enforcement systems of the offices;
- Approve any internal regulations;
- Resolves, with the presence of all its members and with the favorable vote of
at least two thirds of its members, amendments to the statutes, the
President's vote is more vote;
- Decides on the dissolution of the Order, in accordance with the provisions of
art. 14, heard the binding opinion of the President
- Exercise all powers and take all decisions that are not expressly delegated to
other organs provided by these Articles, without ever abusing the powers and
prerogatives of the President spelled out or less.
- Can issue special and specific powers to the Chairman To let a faster and
more fluid operation of the Order.
The members of the Council is answerable to the front of the President and the Law. The administrators who has or have acted in bad faith or willful misconduct may personally be called to make good damage caused to third parties, to order and to those who trusted no fault in the regularity of actions taken by the administrator. They may use personal and other organs created specifically for the performance of their duties.
ART. 7 MEETING OF THE BOARD
The Council normally meets two times a year and in extraordinary session as often as the Chairman deems it necessary or a meeting is requested by at least 2/3 of its members, unless events occur that require the immediate convocation.
The Council is validly constituted with the presence of at least 2/3 members (including the Chairman) and the resolutions are adopted by a majority of those present. In case of a tie, the vote of the President, will be decisive. The vote can not be taken for representation.
The Council's notice of meeting agenda must be sent by letter or by any means present or future (email, sms, chat messager, ect.) At least 30 days before the fixed date; In urgent cases the Council may be convened by telegram, or other rapid means (sms, email, chat, message, ect.) to be sent at least 24/48 hours before the scheduled meeting.
The minutes of the deliberations of the Council will have to be transcribed in chronological order on a special "book reports" and signed by the President and Secretary General and stored on paper and / or digital support present and future. She participates in meetings of the Council without the right to vote, the Secretary General, which performs the functions of the Council secretary.
ART. 8 THE PRESIDENT
The office of President rightfully, during his life,to the founder Mauro Piacentini which may at any time give it up.
In case of voluntary leave only and only is up to the President to call a meeting of members of the order and chooses with full voting between a candidate row.
In the event of death or disability, the new President is appointed by an absolute majority of the provisional Council members (waiting for the outcome of the vote) and the new president pro tempore must have full and complete sharing of the Order's philosophy.
The New President will not charge for life, but will last five years, with the possibility of a single renewal, and thus the successive.
Given the important role of this figure, it can be a transitional figure until the Council has not found the right person, that emphasizes the transience, so the short term.
The President has a moral representation, worship and philosophy of the Order, it is the reference point and is an active part in all its functions, projects or actions.
The President is also President of the Council in which it plays an active role and not just representative:
- Convenes and chairs the Council, may propose matters, projects and
activities to be treated in their respective meetings;
- Monitor the good performance of the order and arrange for the
administrative budget scheme in collaboration with the Auditors;
- Shall implement the resolutions of the Board, also with the aid of the General
- Maintaining working contacts with Domus and chairs the Consilium;
- Signing all acts of the Order;
- Adopt any measure it deems appropriate in the interests of the Order, then
subjecting it to approval of the Council, (if they are not already approved
specific proxies) in his first next meeting, to be convened by the President
within thirty days of the adoption of that measure.
It may delegate its tasks in part or all, to the General Secretary or to one or more of the Council members, or to qualified persons and / or trustworthy inside or outside of the order. The President is accountable before the law.
ART. 9 VICE PRESIDENT
The Vice President is appointed by the Board and the President from people (among its members) that is consider most suitable for the work, which will follow a full dictation and order philosophy. The President reserves the veto in the event that they are not respected in full the above lines.
In case of absence or temporary incapacity of the President he will exercise its duty except in cases above related to death, serious disability or abandonment. He can hold the office of Acting President until the appointment of the new one if so decided by the Council. The vice president, if he has the skills, characteristics and attributes necessary can be considered fully in a possible successor.
ART. 10 DOMUS
The Domus is the Order's delegations in other states and / or regions. They respond directly to the central office, and are in direct contact for administrative tasks and implementation of their projects. They will have to provide the same members described in statute, subject to the President.
It is directed by a Console that manages and administers the Domus, organizing it in the most efficient and effective way to achieve the objectives in accordance with the basic guidelines of the headquarters.
The Console is neither for appointment or for charging higher than the President of the Order, but a kind of regional delegate.
The console remains in office three years and is elected among the members of the order part of the local Domus. The console can also be chosen from the headquarters of the local candidates running for the office or the one deemed most appropriate for the role. The Console can be re-elected only 1 time. The choice of the new console is ratified by the President.
The Domus have their own Council for the management of the office and projects, but that does not overpower the central one remains as the administrative and functional that each Domus will follow.
The Console and Domus respond only to the head office in the figure of the President in the first place and of the Board.
Acts of administrative and managerial relevance (affiliations, brotherhoods, special contracts, ect) will be screened by central office that will follow the indications of the Domus for ratification as quickly as possible.
Given the particularities of each territory the Domus are organized in the most appropriate way for the state or region of origin; following their organizational autonomy, they will issue its own regulations for the operation and internal discipline (task for the local council), without prejudice to the application of common guidelines to everyone.
They can follow their projects and initiatives in line with the philosophy and the principles of the order, be guardians of their works but will have to share the data and backups with the headquarters.
In case of default on the part of the consuls or Domus, they will lead to disciplinary action taken by the President and the Council, providing for a commissioner in the event of serious situations that serve to preserve the operational and honor of the order. This commissioner will be chosen from among the representatives of the local council or one specified by the President and by the board
ART. 11 CONSILIUM
The “Consilium” is the assembly of the consoli, will be held in rotation in the Domus belonging to the Order, in Italy or abroad, and is chaired by the President or Vice President .
It shall hold an ordinary meeting at least 1 once a year, and in extraordinary session as often as your identity.
Notices to attend general meetings and / or extraordinary will follow the same logic that applies to meetings of the Board.
It has the task of keeping together and in touch all Domus, but also to fix the issues and conflict with each other or with the central office, and everything concerning the cooperation between homes.
In the case of large projects involving international efforts and projects and interregional, Consilium works as operational control body to manage and harmonize the activities. In this case, the meeting will be decided according to the project schedule and create board or sub board for this use.
Even at these meetings to bring inter domus having more complex projects and more divided between nations, will be the President to follow them and guide them, or the Vice President or another member of the Foundation obtained the delegation.
ART.12 PRETORS BOARD
Consists of three members appointed for four years, with no possibility of re-election, addresses the implementation of the Code of Conduct and ethical, so is the body that is designated to determine whether and which doli and / or problems of a 'Order member has created.
They are chosen one by the President, one by the Council and one by a vote by members of the Order. The Judges must have a propensity (preferably professional) the investigation and inquiries. They meet when there is one or more noteworthy cases or require their judgment.
The Judges may be helped by internal members or external persons to carry out their management and investigation work.
Respect for people and privacy must be one of the principles that will guide their work, including the objective objectivity of cases, and will see to it that this is respected.
When you present a case, the Pretori will investigate the matter, to hear the interested parties involved and the culprits, draw up a full report with details of the relevant judgment and the reasons therefore.
The ruling will go to the President that decide to give full implementation. The President may also decide to extend the investigation or not to proceed with the person concerned. In this case refer the dossier to the magistrates, and footnotes, which will undertake to expand the investigation and / or close the case if they consider it appropriate.
The person subjected to the "judgment" is called and he is given the verdict and motivations.
Once to the judgment in the "subject" who is recipient can ask for a re-examination, presenting his evidence and the reasons therefore, or accept the sentence in its entirety.
Report any criminal offenses related to the codes of each nation involved, the Council of Judges will pass all information and survey data to the competent authorities. If it were found innocent the member may request the re-hiring to its original position if he/she request it.
The dossiers of the investigations, judgments, any evidence will be under the responsibility of Judges that will have to take care and keep them in places where they can not be accessed by anyone but gives them, the President and members of the Council (the latter only in the case absolutely necessary).
ART. 13 GENERAL SECRETARY
The General Secretary is appointed by the President and the members of the Council choosing among the members of the Order or externally to it. Its tasks and duration of these, will be decided by the body on which he will report on its activities.
If will be necessary, can be nominate more than one Secretary. In this case the oldest and / or the most capable secretary will be the one with the most authority among existing ones.
In general, she/he works with the President in his duties, in the Board's deliberations and ensure the correspondence, for preparing the minutes of the Council (of which it is responsible) and is part of the Order archive retention.
ART. 14 THE AUDITOR
The Board of Auditors consists of three people and two additional members, appointed by the Board and the President, they shall remain in office for three years and may be reelected only once. The permanent members shall elect among themselves the Chairman of the Board.
The Board supervises the accounting and financial regularity of the Order management and control of their expenses and their validity and veracity.
In collaboration with the President takes part in the preparation of the balance sheet. They works in collaboration with Pretor in cases where their "jurisdictions" will meet or where we both need to consult on specific needs. They can be call and follow for judgment or tips about project or commrcial activity.
ART. 15 ASSOCIATION BOOKS AND REGISTERS ACCOUNTING BOOKS
The social and the essential books of account that the Order should take are:
1) The books and / or other media of the Council meetings;
2) The books and / or other media of the accounts and financial;
3) The books and / or other inventory of the material supports the Order;
4) The paper records and / or in the custody of digital works;
Domus also are required to have their own "books" like above and must be always available to be consulted by the head office.
These books, before being put in place, must be numbered and stamped by the secretary (or his covers the task) and signed by the President (or whoever has been delegated), on each page. In the case of Domus will be the console to perform them.
The President reserves the control of good performance and accuracy of books and supports of step 3 and 4 above. For Domus will take care of the Console.
While the verification of legality for books in step 1 is left to the Board and those of paragraph 2 to the Auditors (idem for the Domus) that they take responsibility for their regularity.
All the above books are available at any time the President and the Board for controls.
Other books or special registers will be created, stored and prepared in accordance with the decision of the President and / or the Board where there is need for special books, assigning a manager.
ART. 16 FINANCIAL AND BUDGET
The fiscal year of the Order goes from January 1 to December 31 of each year. At the end of each year, the Board approves the final budget and the budget for the following year.
ART. 17 CLOSING THE ORDER
The Board, by a majority of two-thirds, and binding opinion of the President, deliberates on the dissolution of the Order, if it considers exhausted or unreachable statutory purposes.
In the event of dissolution the Council shall appoint one or more liquidators duly empowered.
Upon termination, you shall devote to the Order of the remaining assets to other non-profit social or public purposes, after the monitoring body referred
art. 3, paragraph 190 of Law 23 December 1996 n. 662, established and regulated with D.P.C.M. 21/03/2001 n. 329, unless otherwise required by Italian law.
ART. 18 REFERNCE STANDARD
Although not expressly provided for in the articles and in this constitution, in addition to refer to the provisions contained in the Italian Civil Code and the provisions of the law on the subject, will take account of the Council's resolutions and the President.
The establishment of provisional institutions, internal regulations, and more will be accepted as it were by statute. If these regulations and actions will become the habit, it will ensure the status change according to current regulations or simply a tacit agreement between the Board and President, making known to the members of the Foundations changes made.
ART. 19 TRANSITORIAL RULES
Before the full phasing of statute bodies of the Foundation, there is a transitional period in which one or more organs (including the President) may compensate for the lack of order predestined. Hard transience of these functions Interim depend on when the organs under the delegation will go to full capacity. The Order is fully legitimate and working and can do its work , activities and filosophy even qith short board or in the growing.