It is constituted, in compliance with Art. 36 and following of the Civil Code, the non-profit association called "EVANGELICAL CHURCH OF DESENZANO".
Duration and location
The Association "EVANGELICAL CHURCH OF DESENZANO" (later called for brevity Association) has unlimited duration and has its headquarters in Desenzano del Garda, at the address of Via Rio Torto 28.
Any change in the address within the national territory can be made with a simple resolution of the Assembly of Associates, it will not constitute statutory modification and will have to be communicated to the competent authorities.
The Association will be able to establish secondary locations with the approval of the Assembly of Associates.
Nature and aims
The Association is non-profit and carries out activities of social utility in favour of the associates and third parties. The Association is open, equalitarian, pluralistic, democratic, and solidary. It tends to achieve and respect the substantial principles and rights of life: freedom, dignity, human promotion, equality and equality between men and women, training and personal services. The Association is set up for spiritual, religious, social, civil, cultural, educational, ethical, charitable and assistance purposes and anything else related to these purposes. The Association aims to implement any initiative useful to respond directly or indirectly to its goals at local level, in Italy and abroad, using the individual and collective cooperation of its members as well as anyone else who shares its aims, namely:
a - Spiritual and religious purposes:
1) to be an association centred on Jesus Christ, multicultural, which takes care of people and makes disciples, known by their missionary and social commitment and their passion for evangelization, adoration, prayer, obeying the Great Commission of Jesus Christ, His commandment of loving God and your neighbour. Living Christianity in simplicity, according to the teachings of the Holy Scriptures; to live fraternal communion, to give glory to God, our Father, to the Lord Jesus Christ and to the Holy Spirit;
2) celebrate worship, which includes in its essential aspects the preaching of the Holy Scriptures, the use of Christian songs, prayer, praise and adoration, the sharing of your own faith experiences, water baptism, marriage, the Lord's Supper, the funeral, evangelization, the biblical study, as well as all activities aimed to the formation and care of a Christian, such as pastoral care and anything else that may derive from the faithful application of the biblical teaching; it is carried out respecting and maintaining all the cultural, local, historical and morality peculiarities;
3) to spread the Word of God and the Gospel of our Lord and Saviour Jesus Christ, by all possible means in every place and in particular through:
a) preaching and teaching, missionary works, religious services, conferences, seminars, shows, evangelistic activities, conferences and meetings, at local, regional and national level etc.;
b) the opening everywhere of places of worship and centres of evangelization, the establishment of biblical courses, discipleship schools, centres for biblical formation;
b - Cultural and educational purposes:
1) to promote culture particularly the biblical Gospel between the associates and the citizens aimed at a cultural and social formation through the use of all possible means;
2) to publish, print and distribute editorial material of any kind, including periodic ones, as well as broadcasting, the use of any form of media, the use of any art form, etc., in compliance with the provisions of the law on the subject;
c - Social purposes, charity and assistance:
1) doing social assistance and charity every time the possibility arises, providing moral, spiritual and material help to the needy;
2) to take care of the family as the central nucleus of society, favouring its growth, also through the enhancement of each individual belonging to the family nucleus;
3) exercise acceptance and hospitality;
4) provide assistance in institutions, hospitals and prisons;
d - Given the peculiarity of an evangelical Christian church, the Association also intends to:
1) to maintain fraternal relationships and collaborate with various churches and evangelical organisations;
2) participate in events, initiatives, and projects of common interest with other religious denominations, associations or groups;
3) to recognise ministries, according to gifts or assignments in specific fields;
4) support missionary activity wherever it develops.
The Association may also:
1. to purchase goods and real estate to acquire all the necessary facilities;
2. enter into agreements and conventions with public and private bodies and carry out all that will be deemed necessary and appropriate, including the performance of marginal and collateral activities for the pursuit of the associative purpose;
3. promote initiatives for occasional collections of funds in order to obtain financial resources aimed only and exclusively at achieving the purpose of the association.
Revenue and assets
The Association's revenues consist of:
a) extraordinary and voluntary contributions from the members;
b) specific fees;
c) contributions from individuals, the State, organisations, international organisations and public institutions aimed at supporting specific and documented activities or projects;
d) offers, donations, contributions received from all those who are interested in the activity of the Association, grants and subsidies of any kind from members and non-members, churches, associations, foundations, national and international public and private bodies; bequests;
e) proceeds from the sale of goods and services to the associates and third parties, including those from the performance of economic activities of a commercial nature carried out in an auxiliary and subsidiary manner and in any case aimed at achieving institutional objectives;
f) income deriving from promotional initiatives aimed to its own financing (in this case the association will provide itself with a specific VAT number and will comply with all other possible tax and accounting obligations, consequent);
g) any other income compatible with the purposes of the association. The sums collected during the various activities cannot, under any circumstances, be divided among the associates, even in indirect forms. It is in fact expressly forbidden to distribute profits or surpluses as well as funds, reserves or capital during the life of the Association; no member or affiliate within the Association has the right to request any distribution or to receive dividends or interest of any kind, in cash or goods, on the association's assets.
Any management surplus will have to be reinvested in favour of the statutory institutional activities.
The association assets consist of:
a) real estate and goods;
b) shares, bonds and other public and private securities;
c) donations, legacies or inheritances;
d) other provisions and capital resources. The association assets must be used, according to the laws in force, in the most appropriate way to achieve the aims of the Association.
a) Becoming an Associate
Anyone can become an Associate of the Association:
1. Those who, sharing the aims of the Association, intend to commit themselves to their realisation;
2. passing through a real conversion, they confess that Jesus Christ is their Saviour and Lord, and they confirm it through their behaviour in and out of the Church. Baptism by immersion is required for each member;
3. who make a request to the Church Council with an explicit written and signed form provided by the Association, and have been accepted by the Assembly of Associates, on the proposal of the Church Council;
In particular, those who intend to become associates must submit a written application containing:
- their personal details;
- a statement in which they inform if they have been convicted, except for cases in which a decision on rehabilitation or declaration of the extinction of the crime has taken place and in which have no ongoing causes of any kind;
- the acceptance of the Internal Regulations, the spiritual principles, the rules of faith, the points of faith and conduct of the Association Evangelical Church of Desenzano;
- the acceptance of the government and the organisation of the Association Evangelical Church of Desenzano.
The temporary participation in the association life is excluded, unless resignation, death or expulsion caused by serious reasons.
b) The admission of the associates
The admission of the associates is subject to the verification of the essential requirements and to the approval of the Assembly of Associates, which confirms the acceptance ensuring the correct maintenance of the Book of associates;
The Assembly of Associates will decide on the acceptance or rejection of the admission of the aspirant. The rejection of the application must be communicated in writing to the interested party specifying the reasons.
Associates - Rights and Duties
All members have equal rights: the associates have the right to be informed about all the activities and initiatives of the Association, to know the programs, to participate in the life of the Association, realising the associated purposes.
The associates have the right to vote in the assemblies specially for the approval and the modifications of the Statute, the Internal Regulations and for the appointment of the governing bodies of the Association.
They also have the right to withdraw, without charge, with written notice of at least 8 days, from belonging to the Association.
They must behave in a way that does not harm to the Association.
The services provided by the associates are mostly free, except for any reimbursement of the costs actually incurred and authorised in advance by the Church Council.
The Association, in case of particular need, can maintain paid employment relationships, or collaborations, even by using someone from its own associates.
Associates - Decline in church Membership
The maintenance of membership status is subject to compliance with the Statute, the Internal Regulations eventually approved and to comply with the discipline and the rules of the Association and the resolutions of the associative organs.
The quality of associate is lost by death, by resignation - voluntary withdrawal, as well as by exclusion deliberated by the Church Council.
An associate can lose the quality of associate if they are guilty of acts of indiscipline and / or repeated incorrect behaviour that constitute a violation of the Statutory Rules and / or Internal Regulations, behaviour that have caused moral or material damage to the Association or unworthy behaviour in violation of moral, spiritual and juridical norms.
In the event of a prolonged absence of an associate from the associative life due to various causes such as illness, temporary transfers, personal impediments or causes of various origins, the Church Council, after an in-depth interview with the interested party to try to understand the situation, its intentions and to encourage it, they will submit the approval of one of the following solutions to the Assembly of Associates:
- while confirming the quality of associate, he will be asked, in the event of an Assembly of Associates or decision making, to abstain from voting;
- while remaining a brother / sister in faith, cancel the status of associate of the Association Evangelical Church of Desenzano. Against the exclusion provision the excluded member has 90 days to appeal to the Assembly of Associates.
Association Bodies and Elected Positions
These are organs of the Association:
a. the Assembly of Associates;
b. the Church Council;
c. the Ministries
The elected positions are:
a. the President;
b. the Legal Representative;
c. the Treasurer;
d. the Secretary;
e. the Board of Auditors or Sole Auditor
f. the Advisory Committees;
g. the Board of Arbitrators
The Assembly of Associates
a) The Assembly of Associates is the sovereign organ of the Association and is composed of all the members. The Assembly of Associates can be constituted in ordinary and extraordinary form.
1) The Assembly of Associates is the fundamental moment of participation in the associative life. Each member has the right to one vote and in case of impossibility to participate, he can be represented by written proxy by another member; however, no more than one proxy per associate is permitted.
2) It is convened by the Church Council, at least once a year, within four months from the end of the financial year for the approval of the final financial statement.
3) The Assembly of Associates is also convened by the Church Council when it deems it necessary or when a motivated request is made by at least one third of the members.
4) The Assembly of Associates is presided by the President, in his absence by a member of the Church Council. It can be called at the registered office or elsewhere.
5) To convene the Assembly of Associates, the Church Council meets in session, deliberates the day and time of the first call and the day and time of the second call, which must take place at least 24 hours after the first one.
6) The Assemblies of Associates, both ordinary and extraordinary, are called by written invitation, delivered by hand and / or by other means, also electronic, at least 8 days before the scheduled day.
7) The call notice must contain the day, time and venue of the convocation, the second call if any, in addition to the agenda with the matters to be resolved.
b) Ordinary Assembly of Associates
1) The ordinary Assembly of Associates is validly constituted on first call with the presence of at least half plus one of the members with voting rights, while on second call it is validly constituted whatever the number of intervened. Resolutions are passed by a majority of 2/3 of those present. In the resolutions approving the financial statement and in those concerning their individual responsibility, the Council Members do not have a vote.
2) For voting, the normal procedure is by counting raised hands. For the election of Church positions the procedure is by secret ballot if the Church Council so decides.
3) Resolutions are immediately enforceable and must be recorded in a specific report signed by the President and the secretary of the Assembly of Associates. The resolutions adopted oblige all members, even if absent or dissenting.
4) The minutes of the meetings are available to be consulted by the members.
5) The Ordinary Assembly of Associates decides on any topic on the Agenda.
a) discusses and approves the final financial statement and defines the general guidelines and the annual activity program;
b) appoints the Council Members and other elective offices;
c) may appoint the Board of Auditors or the Sole Auditor, as well as the Board of Arbitrators; d) discusses and approves the Internal Regulations for the functioning of the Association;
e) deliberates on the responsibilities of the Council Members;
f) decides on the acceptance or exclusion of the members pursuant to art. 5 and 7;
g) decides on any other resolution submitted to it by the Church Council;
c) The extraordinary Assembly of Associates
The Extraordinary Assembly of associates decides:
1) on the modifications of the Statute;
2) on the dissolution of the Association and on the appointment of the liquidation body;
3) on the transfer of assets in the event of dissolution;
4) on any other resolution submitted by the Church Council.
d) Statutory changes
For statutory changes and for any other resolution submitted by the Church Council, the presence of at least three quarters of the associates and the favourable vote of the majority of 2/3 of those present are required. In the second call it is possible to proceed regardless of the number of participants and with the favourable vote of 2/3 of those present.
For the dissolution, the appointment of liquidators and the devolution of assets, the Extraordinary Assembly of Associates requires the presence of at least three quarters of the members and the favourable vote of a majority of 2/3 of those present. In the second call it is possible to proceed regardless of the number of participants and with the favourable vote of 2/3 of those present.
The Church Council
1) The Church Council, executive body of the Association, is composed, in odd numbers, of at least three members and up to a maximum of thirteen elected members.
2) The members are appointed by the Assembly of Associates;
3) The Church Council remains in office for five years and its members can be re-elected. The President remains in office for the duration of the council mandate and can be re-elected.
4) The Church Council is convened by the President whenever there is a matter to deliberate on, when a request is made by at least one third of the Council Members or by the Board of Auditors (if actually established) and in any case at least twice a year.
5) The call is made by any means of communication, including electronic.
6) Meetings are valid when the majority of Council Members attend. Resolutions are taken by absolute majority of those present; in case of parity the vote of the President prevails.
7) Ministers and Consultants may be invited to meetings of the Church Council in order to improve the work of the Association. These guests do not have the right to vote in the decisions of the Church Council. The intervention at the meetings of the Church Council by teleconference can take place on condition that the right holders can be identified, they are allowed to participate in real time in the discussion and in the voting on the items on the agenda.
Powers of the Church Council
The Church Council is in charge of the general, spiritual and administrative management of the Association: it puts in place every executive act necessary for the realisation of the program of activities that are not reserved by law or by statute to the competence of the Assembly of Associates. In particular:
a) prepare the annual report; the economic and financial report of the past financial year from which the assets, the contributions, the legacies received and the costs for chapters and analytical items to be presented to the Assembly of Associates for approval must be shown;
b) convenes and guides the ordinary or extraordinary Assembly of Associates;
c) elects the President from among its members and may elect, again from among its members, the Treasurer and / or the Secretary if the Assembly of Associates has not already appointed them;
d) takes care of the execution of the deliberations of the Assembly of Associates;
e) may establish possible employment relationships, establishing duties, qualifications and remuneration. With regard to long-term employment relationships, the approval of the Assembly of Associates is required;
f) proposes to the Assembly of Associates the Internal Regulations or its modifications for the functioning of the Association and of the corporate bodies;
g) receives applications from new members and proposes them to the Assembly of Associates;
h) ratifies and rejects urgent measures adopted by the President;
i) decides on the acceptance or exclusion of the members referred to in art. 5 and 7 of this Statute;
l) exercises vigilance over the Association and its associates;
m) proposes to the vote of the Assembly of Associates the appointment of the ministries that work for the association, and supervises them;
n) may appoint Consultative Committees assigning tasks and functions from time to time and determining the duration that cannot exceed the duration of the Council Members that appointed them. A member of the Church Council may delegate, with the prior consent of the Council Members, part of his powers to one of the associates, in exceptional cases such as sickness, maternity, temporary transfer abroad.
Co-optation of Council Members absent from the Church Council
In the event one or more Council Members is permanently absent, the Church Council shall arrange for replacement by co-optation, to be confirmed at the first possible Assembly of Associates. The Council Members thus appointed remain in office until the expiry of the Council Members who have left office. More than one third of the Council Members cannot be co-opted, in this case elections for the renewal of the entire Church Council are urgently indicated.
For the organisation and carrying out of its activities, the Association may make use of one or more dedicated Ministries, whose constitution and dissolution are bound to the vote of the Assembly of Associates. The nature and purpose of a Ministry must always conform to the same of the association (referred to in article 3). The Ministries are supervised and coordinated by the Church Council, and enjoy full internal organisational autonomy. The Council Members must periodically present a report of their activity.
The President is appointed by the Church Council choosing from one of the Council Members. He exercises the powers delegated to him by the Church Council, supervises and coordinates the activities of the Association. As part of the powers conferred on him by the Church Council, he may delegate part of his powers with general or special proxy for specific acts or categories of acts. In case of absence or impediment his duties are exercised by the Legal Representative.
The Legal Representative
It is the legal representative of the Association and has the power of the social signature. Therefore, it is up to him/her to represent the Association towards third parties. In accordance with the decision of the Church Council, he/she has the faculty to appoint lawyers and attorneys in the disputes concerning the Association before any judicial and administrative authority in any degree and judgement. With the resolution of the Assembly of Associates, it has the right to open or settle current accounts. He has a free and separate signature to authorise the Treasurer to pay amounts whose maximum limit is set by the Assembly of Associates in its resolutions. In cases of objective necessity, it can adopt urgent measures submitting them to the ratification of the Church Council. If the Council Members, for justified reasons (malice or gross negligence), does not ratify these provisions, he/she personally responds for the same.
The Treasurer is responsible for the administrative and financial management of the Association and has the following tasks:
a) takes care of accounting, takes note of the income and expenses of the Association;
b) draws up the report;
c) is responsible for the petty cash fund;
d) has the power to operate with banks and post offices, make withdrawals and payments for amounts whose maximum limit is defined by the Assembly of Associates, and in any case carry out every and any operation concerning the tasks entrusted to it by Church Council concerning the Ministries.
e) He is authorised to collect payments of any kind and for any reason and to issue a receipt.
In case of objective necessity, it can adopt urgent measures submitting them to the ratification of the Church Council. If the Council Members, for justified reasons (malice or gross negligence), does not ratify these provisions, it personally responds for the same.
The Secretary keeps the book of the associates.
He is the person responsible for drawing up the minutes of the Assembly of Associates, which he sends to all the members and which he transcribes in the special Book entrusted to his custody.
He is responsible for the Association's forms, including the processing of personal data.
The Secretary is appointed by the Church Council and, in his absence, his powers are distributed among other members of the Association.
The Board of Auditors or the Sole Auditor
The Board of Auditors or the Sole Auditor, if appointed, are the administrative-financial control body.
If it is a collegiate body, it is made up of three effective members (they may also be elected alternate members, provided the total number of members is odd) appointed by the Assembly of Associates, not necessarily members of the Association. The supervisory body, in collegiate or monocratic composition, remains in office for the same time as the Church Council Members.
Verifies at least quarterly the regular keeping of the accounting records and the cash status of the Association. Corroborates the financial statement and submit a written report to the Assembly of Associates regarding them.
The Board of Arbitrators
The Board of Arbitrators, if appointed, constitutes the internal guarantee body for judging on possible appeals, as well as that of friendly broker in the case of disputes within the Association. The Arbitrators are appointed by the Assembly of Associates in a number of three, remain in office for three financial years and may be re-elected for no more than two consecutive terms. Only persons of mirrored morality who are not members of the Association may be elected. The office of Arbitrator is incompatible with that of associate, member of the Church Council and / or Legal Auditor.
They have the task of settling disputes between the associates and examining any appeals presented by the associates for facts they consider harmful or for measures suffered and deemed unfair. They decide without formalities, within sixty days from the receipt of the appeal by some associates, for disputes within the Association. Their arbitration decision is final. They can also give a non-binding opinion on the exclusion of members who have been indicated by the Church Council Members.
The financial year
The financial year runs from January 1st to December 31st of each year. As governed by the art. 9 and 11 of this Statute, the Church Council has the obligation to present the financial statement for approval to the ordinary Assembly of Associates. The statement must clearly and correctly represent the patrimonial, economic and financial situation of the Association, with distinction between institutional activity and any commercial or related activity. It must briefly describe goods, contributions, legacies received.
Dissolution of the Association
The dissolution of the Association is decided by the Assembly of Associates, which meets in extraordinary form pursuant to this Statute. The residual assets of the Association, after deducting the liabilities, will be donated to another Association for social utility purposes. The association has the obligation to devolve the assets of the non-commercial entity in the event of its dissolution for any reason, to another non-commercial entity that carries out a similar institutional activity, unless otherwise assigned by law with similar purposes or for purposes of public utility, having heard the control body referred to in article 3, paragraph 190, of the law of 23 December 1996, n. 662, and unless otherwise set by law.
The present Statute must be observed as a fundamental act of the Association. Anything not expressly stated and/or not regulated by the Internal Regulation, which may be approved, should refer to the current legislative provisions on the subject (in particular, see art. 1) and to the principles of the legal system in force.