|Charter of the NEXUS-International Broadcasting Association registered on 22 October, 1990 at the Court of Milan (Italy).
Registration number 18602, Series 1/B.
NAME AND SEAT OF THE ORGANIZATION
"NEXUS-International Broadcasting Association", Milano, Italy.
DURATION OF THE ASSOCIATION
The duration of the Association is unlimited.
|AIMS AND SCOPE
The Association is non-profit and in the public interest, and is founded in accordance with the legal decree of 14 December, 1947 (No. 1517), as ratified as law number 302 on 2 April, 1951 with respect to modification of paragraphs a, b, and c of article 26. The aim of the Association is the establishment of a sound broadcasting service for the dissemination of programming of a cultural, ethnic, political, and religious nature. In particular, the Association offers its members, and non-members, assistance and facilities necessary for the transmission of educational, scientific, cultural, political, and religious material in original languages, also with the help of individuals who are not member of the Association.
In this respect, radio is to be the primary medium, locally, nationally, and internationally, although other forms of mass media may also be used. Pluralism of information is to be assured, with particular attention paid to minorities; above all ethnic, cultural, political, and religious minorities, without regard to race, sex, language, or political or religious beliefs, and in full accordance with the Human Rights guaranteed by the Constitution of the Republic of Italy and by International Law. In fulfilling its aims, the Association may:
- Acquire and maintain all instruments of mass media on the territory of the Republic of Italy and abroad, necessary for the broadcast of programmes produced by members of the Association, and others on behalf of the Association, using funds at the disposal of the Association as well as members' contributions, according to the directives of the Executive Committee of the Association, commensurate with financial means available.
- Promote and/or sponsor the production and broadcast of certain educational, cultural, scientific, political, and religious programmes locally, nationally, and internationally through mass media to which the Association has access, using funds available to the Association, but also within the framework of agreements and co-operation with other national and international agencies, institutions, and bodies.
- Offer means of mass communication at the disposal of the Association to non-members whose aims are compatible with those of the Association at terms set by the Executive Committee.
- Promote and/or sponsor the dissemination of information and programmes produced by members through mass media not directly controlled by the Association, especially internationally, and through Radio Broadcasting in particular.
- Promote and sponsor the broadcasting of informative, educational, religious, political, and cultural material in the Italian Language, aimed at the Italian Community abroad, through the use of radio, but not at the exclusion of other mass media.
- Offer means of mass communication at the disposal of the Association to individuals, institutions, and organizations whose aims and activities are compatible with those of the Association, but who are not directly party to the Association, at terms set by the Executive Committee.
- Promote and organize directly and/or indirectly the preparation and publication of literary works, textbooks, and periodic and non-periodic publications in the Italian and/or other languages for distribution among Association members and/or the general public.
In the pursuit of the aforementioned aims, the Association may co- operate with or join or participate in, any public or private agency or institution, local, national, or international, as well as co-operate with or enlist the co-operation of, organizations, movements, associations, or individuals, as deemed by the Association to be beneficial to its function. Furthermore, the Association may receive financial and/or material assistance from authorities; e.g. local, regional, or provincial government, as well as from national and international organizations or agencies, and may, in connection with such co- operation, offer in turn, assistance and expertise in fields in which the Association is active. In addition, the Association may undertake third party agreements in order to secure services or expertise deemed necessary or beneficial to the proper operation of the Association or to assure or improve services offered by the Association to its members or associates.
MEMBERSHIP IN THE ASSOCIATION
Membership in the Association is denominated in the categories of Founding Members, Honorary Members, Sustaining Members, Ordinary Members, and Associate Members.
Founding Members are those party to the founding charter, or so designated at the discretion of the Executive Committee. Sustaining (passive) Members are those who, while not actively engaged in Association activities, share or sympathize with the aims of the Association, and financially support it through significant annual contributions.
Regular Members are those whose activities are compatible with those of the Association, and make regular use of Association transmission facilities more than four hours per week. Associate Members are those persons or organizations who are neither Founding, nor Sustaining, nor Honorary, nor Regular Members. This category includes all those individuals or organizations who are in some way allied or sympathetic to the aims or activities of the Association, or may in some other way be deemed beneficial to the Association.
ADMISSION OF MEMBERS
Prospective members must submit an application to the Executive Committee and pay a membership fee, the amount of which is fixed annually by the Executive Committee according to membership category. Members undertake to pay their apportioned dues as determined by the Executive Committee at the beginning of each year. New membership fees are fixed by the Executive Committee, and are based on the current rate for members of the corresponding category. Membership is decided by a two-thirds majority of the Executive Committee; its decision need not be explained, and cannot be contested.
EXCLUSION AND WITHDRAWAL OF MEMBERSHIP
Any member who engages in acts contrary to the aims or best interests of the Association, or does not meet annual membership dues requirements by the deadline of 31 March of the year, may be expelled from the Association. Also liable to expulsion are those who have not met their financial responsibilities in connection with services provided, according to prearranged terms. The act of expulsion is the domain of the Executive Committee, and is subject to the same considerations as in the case of the membership procedure.
REFUNDING OF DUES AND FEES
Members expelled from the Association or those withdrawing are entitled to a refund of their apportioned annual membership dues on a pro rata basis. New members are entitled to a refund of their one-time registration fee on a pro rata basis, providing withdrawal or expulsion occurs during the first year of membership.
EXTRAORDINARY CONTRIBUTIONS BY MEMBERS
Association members, and others, cover the cost of broadcasting programmes in the form of contributions fixed on the basis of type of medium, coverage area, time of broadcast, and by factors of membership type or category. Broadcast time-rates are set periodically by the Executive Committee, according to fluctuations in prevailing costs. It is at the discretion of the Executive Committee to support financially in part or whole productions or broadcasts of special interest, or produced by certain member categories, and to permit the transmission of special programmes as circumstances warrant; e.g. in the case of natural disaster or in the case of particular social, political, religious, or cultural events which may occur locally, nationally, or internationally. Such special programmes may take temporary precedence over regularly-scheduled broadcasts.
ORGANS OF THE ASSOCIATION
The following organs constitute the Association:
- The Assembly of Members
- The Executive Committee
- The President of the Association
The regular meeting of members is called by the President at least once a year. The President or the Executive Committee may also call extraordinary meetings at any time, but with prior notice of at least 48 hours. Extraordinary meetings may also be initiated by members of the Association, provided it is called at the request of at least two-thirds of members. In any case, the venue of any meetings, regular or extraordinary, must be the Community of Milan.
The meeting has legal validity when first called when at least two thirds of members are present.
Under second call meetings may deliberate legally regardless of the number of members who are present but when at least two thirds of the members of the Executive Committee are present.
In voting, motions or propositions can be carried by a two-thirds majority among the assembled membership, but only in conjunction with at least two- thirds approval by the Executive Committee. In the case of elections to Association office, a simple majority is sufficient.
Modifications or amendments to the Association charter can be passed by a simple majority of assembled members, but only in conjunction with at least two-thirds approval by the Executive Committee.
VOTING BY PROXY
Voting by correspondence is not permitted.
Voting by proxy is permitted. Proxies must derive from the membership, with a maximum of two different proxy-designees permitted per absentee voter.
DECISIONS TAKEN BY THE ASSEMBLY
Decisions approved by the Assembly of Members and ratified by two- thirds vote by the Executive Committee become binding on all members, with the exception of those members who have announced their intention to withdraw from the Association.
PRESIDENT AND SECRETARY OF THE ASSEMBLY
It is the obligation of the Assembly to elect a President of the Assembly and a Secretary. The latter need not be a member of the Association. The minutes of the Assembly must be signed by both the President and the Secretary of the Assembly.
EXECUTIVE COMMITTEE AND PRESIDENCY OF THE ASSOCIATION
The Association is governed by an Executive Committee, which is responsible for all aspects of administration, ordinary and extraordinary. The Executive Committee is composed of several members, which may vary from a minimum of two to a maximum of five at any given time, as decided by the Assembly of Members. The Executive Committee is composed exclusively of Founding Members of the Association, and may be re-elected. The term of the Executive Committee is set by the Assembly of Members, but must in any case be for a period of at least three years. The President of the Association is elected by the Executive Committee from its membership. The President is the legal representative of the Association vis-a-vis all external parties, including courts of law and other juridical authorities, and has power of attorney.
DISSOLUTION OF THE ASSOCIATION
The authority to dissolve the Association rests with the Executive Committee in consultation with the Founding Members, and requires a simple majority of the Executive Committee in favour. In the case of dissolution, the Executive Committee is responsible for the disposition of Association assets, and must appoint one or more liquidators, in accordance with provisions contained in paragraphs a), b), and c) of article 26 of the decree by the Provisional Chief of State of 14 December, 1947 (number 1577), as ratified with amendments as law number 302 of 2 April,1951.
THE FISCAL AND BUSINESS YEAR
The business activities of the Association close on 31 December of each year, at which time, the annual inventory and financial statement of the Association must be concluded. A meeting of members of the Association must be called before, and not later than five months after the closure of annual business.
SUSPENSION AND TERMINATION OF ASSOCIATION SERVICES
As a result of political, social, economic, or legal circumstances, or whenever deemed necessary, the Executive Committee may suspend or terminate certain activities and/or services rendered to members; e.g. local FM, or international Shortwave broadcasts. In the event of such suspension or termination, remaining resources are to be re-channeled into surviving activities and/or services.
LIMITATION OF THE ESTATE OF THE ASSOCIATION
The assets of the Association derive from regular fees and dues paid by members; by fees paid by members and others for use of mass media facilities; from the acquisition of capital goods; legacies and donations; from contributions by individuals and agencies, public and private; and from eventual reserve funds resulting from revenues. Any distribution of revenues in the form of shares or dividends more than the membership quota paid is expressly prohibited.
RULES GOVERNING ASSOCIATION ACTIVITIES
The authority to set general and specific rules governing the day-by-day activities of the Association lies with the Executive Committee.
TRANSITION TO REGULAR OPERATION
Responsibility for the establishment of initial operations of the Association rests with the Executive Committee, whose primary task is the implementation of member-services as described in this charter. The Executive Committee undertakes to publish within 60 days a schedule of membership and associated rates and charges for the current operating year. The term of the transitionary Executive Committee expires at 1200h local time on the day of the first regular or extraordinary Assembly of Members, which is to be held before 31 May, 1991. During the first Assembly, the Executive Committee is to be formally elected, and a decision will be taken in regard to its term of office. The transitional Executive Committee and its President may be reconfirmed by the Assembly. All matters not specifically covered in this charter are subject to the appropriate provisions of the Italian Civil Code.
English translation of official charter registered at the Court of Milano completed in March 1991. Some articles have been modified with the required majority by NEXUS General Assembly on Dec. 23, 1990. This translation is for the benefit of English speaking members and perspective members only, and it has no legal value. For legal purposes only the original Italian version is valid.
As of December 1990 NEXUS-IBA has taken over the operations of the former Italian Radio Relay Service, and broadcasts via IRRS-Shortwave on Shortwave to Europe and IRRS-Globe Radio Milan on FM 88.850 MHz in eastern Milano, Italy.
For more information contact:
NEXUS-Int'l Broadcasting Association
P.O. Box 11028, I-20110 Milano, Italy
phone: +39-02-266 6971 fax: +39-02-706 38151
(from the USA: 011 39 02 266 6971 fax: 011 39 02 70638 151)
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