Subcategories

Statutes of the EAS

ARTICLE I.
OFFICIAL NAME AND HEADQUARTERS` ADDRESS
 

1. The official name: Entrepreneurs Association of Slovakia
    
2. Beside the official name the association uses also the abbreviation “EAS”.
    
3. The headquarters` address of the association is Cukrová 14, 813 39 Bratislava.

ARTICLE II.
ORIGINATION OF THE EAS

1. Entrepreneurs Association of Slovakia (further “EAS”) was founded on the 17th December 1989.
    
2. The EAS is legal entity registered at the Ministry of Internal Affairs of the Slovak Republic as an association by the statute number 83/1990 Coll.

ARTICLE III.
ACTIVITIES AND GOLAS OF THE EAS

1. The EAS is active in Slovak Republic on the principles of voluntary association, freedom of opinion and expression, freedom of political membership, integrity and morality.
    
2. The main goal of the EAS is to contribute to a development of modern and developed market economy. The EAS duty is to protect the entrepreneurial status from restriction of entrepreneur’s rights and freedoms and to fight against all political and economical measures leading to deterioration of fair business environment. The EAS’s basis for achieving this goal is the assumption of:
   1. the widest privatization, restriction of direct interference of state with the economy, the liberalization of economic life, limitation of redistribution processes in the economy and protection of market economy against clientelism,
   2. stable legislation that in a simple, clear and fair way determines the rules for behavior of all businesses, as well as their duties towards state and municipalities,
   3. establishment of working judiciary system and other institutions, enabling effective protection of business rights of all business subjects
   4. systematic public awareness campaign informing about business sphere strengthening the opinion about benefits of private and free entrepreneurial activities
       
3. To achieve this goal the EAS:
   1. analyzes and evaluates economic, legislative and social conditions from the experiences of its members
   2. coordinates the process of its members and actively participates in the creation and implementation of economic policy of state and municipalities, and preparation and implementation of business legislation
   3. participates in the legislative process, mainly in proposing the draft of laws, creating and approving laws, to make them respect the protection of business rights and freedoms
   4. by contacting the personalities from public, economic and political life gaining their support for achieving its goals, and actively co-operates with the state and municipal institutions
   5. co-operates with other associations representing domestic and international entrepreneurs and employers, with the business and industrial chambers, participates in the activities of entrepreneurs and employers unions, institutions of social dialog and international associations of entrepreneurs and employer
   6. creates proposals, suggestions and other petitions for securing basic conditions of business, free movement of goods, capital and labor force on market
   7. is active in merging the Slovak economy to European and World market, and for that supports all political and economic measures to secure economic integration of Slovak Republic

ARTICLE IV.
THE EAS MEMBERSHIP

1. The EAS membership can be either individual or collective. A special form of membership is honorary membership.
    
2. The member of the EAS can become:
   1. natural or legal entity that is entrepreneur under the mandatory provision of the paragraph 2 subparagraph 2 Slovak Commercial Code
   2. union of entrepreneurs (collective membership)
       
3. that in writing agrees with the Statutes of Association of the EAS, pays the admission fee and annual membership fee; for constituting of collective membership it is necessary to sign a contract according to Article VI. Point 5. The agreement with the Statutes of Association of the EAS must be delivered to General Secretariat of the EAS General Board (further “Secretariat of GB”)
    
4. The EAS members are registered on the list of members, which is kept at the Secretariat of GB.
    
5. The admission fee is 1000 Skk and is paid by the organization of membership.
    
6. Annual membership fee is 6000 Skk. A new EAS member pays annual membership fee (for the calendar year when became member) by organization the membership. In other cases the annual membership fee is paid on the account of Secretariat of GB until 1st March of the relevant calendar year; Secretariat of GB transfers half of the annual membership fee until 1st April that calendar year (in the new member case until the 1st month from the constitution of membership) to the account of the EAS local Board where is the permanent address of member, if not agreed otherwise; for the purposes of Statutes of Association of the EAS the permanent address of member is also considered to be the place of business. Collective member of the EAS can pay more annual membership fees; maximum the amount of its members.
    
7. The membership forfeits:
   1. if member does not pay the annual membership fee (collective member at least one annual membership fee) properly and on time
   2. by seceding from the EAS, to the day when the written announcement of secede is delivered to the Secretariat of GB
   3. by death or extinction of member
   4. by expulsion for infringement of this Constitution of Association of EAS or for damage of interests of the EAS; the EAS local Board competent by the seat of member decides on the expulsion of individual member; on the expulsion of collective member is competent EAS General Board (further “GB”).
       
8. The EAS honorary member can be a person that in an important way participated on the development of entrepreneurship in the Slovak Republic or to the he mission and activities of the EAS. To award the honorary membership the GB decides on the proposal of its member. The provisions` of points 1-6 and Article V. do not apply to the honorary member.

ARTICLE V.
RIGHTS AND OBLIGATIONS OF THE EAS MEMBERS

1. The EAS member has right:
   1. to participate in the election to the EAS bodies in the way determined by this Statutes of Association of the EAS
   2. to participate actively in all special events organized for the EAS members, to obtain information about the EAS activities and to use services provided by the EAS
   3. to propose to the EAS bodies proposals for protecting business interests, rights and freedoms to the extent as written in this Statutes of Association of the EAS and in accordance with the valid legislation.
2. The EAS member is obliged:
   1. to respect this Statutes of Association of EAS
   2. purpose not to endanger the interests of the EAS
   3. to inform the Secretariat of the GB about all changes in all basic data.

ARTICLE VI.
ORGANISATIONAL STRUCTURE OF THE EAS

1. The organisational structure of the EAS is based on territorial principle and branch principle.
    
2. Under the territorial principle the EAS is divided to the Regional EAS organizations and County EAS organizations (EAS Local organizations), which are partners to the civil service and local self/government.
    
3. The Regional EAS organisation is established in constituting assembly, in which at least 7 EAS members have to take part. Constituting assembly decides about constituting Regional EAS organisation and elects members of its Board and Committee of Supervisors. General Board decides about legal personality of the Regional EAS organization on its request.
    
4. The County EAS organization is established for relevant county in constituting assembly, which is called by chairman of Regional EAS organizations relevant for the county after their agreement. In case the chairmen or the Regional EAS organization do not arrange the constituting assembly of the County EAS organisation in the time set by the GB, the GB can recall this Assembly. All the members that have the permanent address in relevant county have to be invited to constituting assembly. At least two members of GB from other counties have to participate at the constituting assembly of the County EAS Organization.
    
5. Under the branch principle the EAS has collective members that are partners to the civil service on the national level. A collective member can be an independent, properly registered subject as the organization of entrepreneurs of branch character that signs a collective membership contract with the EAS. In the collective membership contract there are defined conditions for co-operation of collective member and the EAS beyond this Statutes of Association of the EAS.
    
6. Special form of organizational the EAS structure is the EAS Office (further “Office”). The EAS member can establish office, if on its request the GB decides it. The Office does not have the legal personality.

ARTICLE VII.
BODIES OF THE EAS LOCAL ORGANIZATIONS

1. The EAS Local organization bodies are as follows:
   1. Assembly
   2. Board (County Board, Regional Board)
   3. Committee of Supervisors
       
2. Assembly is the highest body of Local Organization. All the EAS members, beside the collective members, that have their permanent address in the territory of relevant Local organization have a right to participate on the Assembly of the relevant Local organization and vote on this Assembly; EAS member can authorize (written authorization is necessary) other EAS member to represent him on the Assembly. Assembly of the Local EAS Organization elects and withdraws members of its Board and Committee of Supervisors; Assembly of County EAS organization beside that elects delegates for the EAS Assembly under the ratio that is` determined by the GB. Its Board recalls assembly of the Local EAS organization usually once a year.
    
3. The Assembly of the Local EAS organization has a quorum, if at least 1/3 of the EAS members eligible to participate are present. Decision is passed if at least more than half of all participants eligible to vote actually voted in favor of this decision, unless this Statutes of Association of EAS does not determine other majority. The Assembly itself determines the voting mechanism.
    
4. A written request of 1/3 of its members is needed for recalling an extraordinary Assembly of the Local EAS Organization. The Board recalls the extraordinary Assembly no late than month from the delivery of written request. If the Board does not recall it, the GB recalls the extraordinary Assembly on the suggestion-containing fulfillment of conditions.
    
5. The Assembly of the Local EAS Organization elects and withdraws the members of the Board. The Board has from 3 to 13 members; the Assembly of the Local EAS organization determines the number of members. The Board is a statutory body of the Local EAS organization that has its own legal personality. The Board elects its chairman, and if decided also the vice-chairmen.
    
6. The Assembly of the Local EAS Organization elects the members of Committee of Supervisors. The Committee of Supervisors has 3 members. The Committee of Supervisors supervises on the property and financial management of the Local EAS Organization. The Committee of Supervisors elects its chairman. The Chairman of the Committee of Supervisors has a right to participate at the Board’s meetings with an advisory vote.
    
7. The Meetings of the Board and the Committee of Supervisors are recalled by their Chairmen about the decisions of the Board and the Committee of Supervisors adequately uses clauses of Article X. point 4.
    
8. In accordance with the necessities of the Local EAS Organization Boards, they can establish Secretariats for professional provision of their activities.

ARTICLE VIII.
THE EAS BODIES ON NATIONAL LEVEL

1. The EAS bodies on national level are as follows:
   1. EAS Assembly
   2. EAS General Board
   3. EAS President
   4. EAS Committee of Supervisors
   5. EAS General Secretary
   6. Board of EAS County Organizations
   7. Board of EAS Collective members

ARTICLE IX.
THE EAS ASSEMBLY

1. The EAS Assembly is the highest EAS body. A right to participate have the delegates elected at the Assembly of the County EAS Organizations and the Assembly of Collective members under the ratio determined by the GB; the GB sets the ratio so the Assembly has maximum 100 delegates. The GB recalls the Assembly of Collective members for the purpose of election of the EAS Assembly delegates. The delegate’s mandate is valid only until the end of the EAS Assembly for which the delegate was elected; the EAS Assembly delegate is unsubstituable in the execution of his mandate.
    
2. The GB recalls the EAS Assembly usually once a year.
    
3. The written request of minimum 1/3 EAS members is necessary for recalling the extraordinary EAS Assembly. The GB recalls the extraordinary EAS Assembly no late than 2 months from delivery of written request.
    
4. The EAS Assembly is competent to:
   1. approve reports on the GB activity
   2. approve principles and priorities of the EAS activity
   3. change the Statutes of Association of the EAS
   4. decision about liquidation of the EAS by its voluntary discharge or by union with other association
   5. approve report on financial management of the EAS
   6. elect and withdraw members of the EAS General Board
   7. elect and withdraw members of the EAS Committee of Supervisors
   8. decide about issues that it reserves for itself
       
5. The EAS Assembly quorum is if more than half of the delegates are present. The decision is passed if at least more than half of present delegates voted in favor of the decision unless this Statutes of Association of EAS declares other majority. EAS Assembly determines the voting mechanism.

ARTICLE X.
The EAS GENERAL BOARD

1. The EAS GB is a statutory body of the EAS. The GB has an authority to act in the name of the EAS in all issues and it represents the EAS in front of 3rd persons, courts and other institutions. The GB decides on all issues of the EAS, unless the issues are reserved to other EAS bodies by valid legislation or this Statutes of Association of the EAS. The EAS President, the EAS General Secretary, and accredited member of the GB can sign for the EAS.
    
2. The EAS Assembly elects and withdraws members of the GB; as a member of the GB employee of EAS can also be elected, unless he or she is the EAS General Secretary. The GB has 19 members. The GB which number of members did not decrease under 2/3 can name a substitute member on the place of the GB member whose functions forfeits before the end of his functional period; the functional period of the substitute ends when the functional period of the substituted member should end.
    
3. The General Board elects and withdraws the President; it appoint and disengage the General Secretary
    
4. The General Board holds a meeting usually once a month and it has quorum, in case absolute majority of its members are present.
    
5. The Member of the General Board can divest its members in the General Board. It is powerful after negotiation by the General Board. There can be elected instead of outgoing member substitute member in accordance with point two of this article.
    
6. The General Board may for relevant reasons suspend its member a membership in General Board, extended to the EAS Assembly.
    
7. The General Board may constitute Presidium of the General Board, which will co-ordinate in cooperation with the secretariat of the General Board implementation of decisions of General Board. The Presidium of the General Board has seven members; members of Presidium of the General Board are president, general secretary; the other members appointed by the General Board.
    
8. The General Board may constitute advisory bodies on solution specific question, constitute consultants and entrust them some of authority, which General Board posses.

ARTICLE XI.
PRESIDENT

1. The President is the EAS representative, who represents the EAS by defending and promoting of the EAS interests externally. The President supervises the implementation of decisions of the General Board by the secretariat of the General Board. Only member of the General Board can be elected as a president of the EAS.
    
2. The General Board elects and withdraws the President
    
3. The president recalls sessions of the General Board, usually once a month.
    
4. The president recalls the Board of the EAS Local Organizations and the Board of the EAS Collective Members, usually twice a year.

ARTICLE XII.
COMMITTEE OF SUPERVISORS

 

1. Committee of Supervisors supervises over property and financial management of the General Board.
    
2. The EAS Assembly elects and disengages the members of the Committee of Supervisors. Member of the Committee of Supervisors mustn’t be a member of the General Board. The Committee of Supervisors has three members.
    
3. The Committee of Supervisors elects its chairman and vice-chairman. For discussion of the Committee of Supervisors and procedure of its decisions making are adequately valid provision of article X, point four. The Committee of Supervisors holds a meeting usually twice a year.
    
4. Members of the Committee of Supervisors have right to participate in sessions of the General Board with consultative vote.

ARTICLE XIII.
GENERAL SECRETARY AND SECRETARIAT OF THE GENERAL BOARD
 

1. The General Secretary directs activities of the secretariat of the General Board. The General Secretary acts on behalf of the EAS in case, which relates to common activities of the EAS.
    
2. The General Board appoints by the General Secretary. The General Secretary, who isn’t member of the General Board, has a right to participate in sessions of the General Board with consultative vote. The General Secretary has duty to participate in sessions of the Board of the EAS Local Organizations and the Board of the EAS Collective Members.
    
3. The Secretariat of the General Board implements decisions of the General Board and perform administrative function, which relate to activities of the EAS.

ARTICLE XIV.
BOARD OF THE EAS LOCAL ORGANIZATIONS
 

1. Board of the EAS Local Organizations is advisory body of the General Board. It co-ordinates performance of the Board of Local Organization promoting their interests through the EAS.
    
2. The members of the Board of the EAS Local Organizations are the chairmen of the County Boards.
    
3. The president recalls board of the EAS Local Organizations, usually four times a year; chairman of Board is president.
    
4. Members of the Board of the EAS Local Organizations, that aren’t members of the General Board, have right to participate in sessions of the General Board with consultative vote.

ARTICLE XV.
BOARD OF THE EAS COLLECTIVE MEMBERS
 

1. Board of the EAS Collective Members is an advisory body of the General Board. It co-ordinates performance of collective members by promoting their interests through the EAS.
    
2. The members of Board of the EAS Collective Members are representatives of collective members. Each collective member has a right to nominate one representative to the Board of the EAS Collective Members; for representatives it is obligatory regulation article XVI point one, letter b.
    
3. The president recalls the Board of the EAS Collective Members, usually four times a year; the chairman of the board is president.

ARTICLE XVI.
MEMBERS IN OF BODIES EAS
 

1. Member bodies mentioned in article VII, point 1. letter b and c (Board and Committee of Supervisors local organization) and in article VIII, letter b), d) and g) (General Board, Committee of Supervisors EAS and Board of the EAS Collective Members) can be only physical person, who is:
   1. the EAS member, or
   2. the statutory body, member of the statutory body, or individual or collective member of the EAS authorized by the statutory body, or
   3. the employee of the EAS
2. Membership of persons in the EAS bodies mentioned in point one this article expire, in case
   1. their membership in the EAS expired, or
   2. the membership of the EAS`S member in the EAS expired, who was the statutory body, member of statutory body or authorized persons by statutory body these members, or
   3. their professional relationship of employee of the EAS finished.
3. Term of office members of the EAS bodies mentioned in point one of these articles is one year and terminates, in case of national bodies, at the next ordinary Assembly of the EAS and in case of the local bodies, at the next ordinary Assembly of the EAS local organization.

ARTICLE XVI.
THE HONORARY CHAIRMAN  
 

1. The Honorary Chairmen of the EAS can be a person, who was The President of the EAS and a person that in an important way contribute to the mission and achievement of the EAS.
    
2. The EAS General Board awards title „Honorary Chairman of the EAS“ for indefinite period on proposal of its members. The General Board removes the title “Honorary Chairman of EAS”, in case its holder would damage interests of the EAS.

ARTICLE XVII.
SIGNING, PROPERTY AND MNANGEMENT IN THE EAS
 

1. The Local bodies have got own legal status, in case the General Board decided about it for they in request. The chairman of the board in the local body, which has its own legal status, is authorized in all cases sing the document.
    
2. Chairman of the boards of local bodies, which haven’t got their own legal subjectivity, are authorized to execute in the name of the EAS in case, which relates to these local bodies.
    
3. Property of the EAS represents member subscriptions, entrance fees, benefactions, grants and revenues from the EAS own activities; property is used to develop the EAS.
    
4. Management in the EAS must be according to valid legal rules.

ARTICLE XVIII
LIQVIDATION OF THE EAS AND ITS LOCAL BODY
 

1. The EAS can by liquidated by:
   1. Voluntary dissolution or consolidation with another association, in case the EAS Assembly decides about it 2/3 majority of present delegates; the EAS Assembly inform the Ministry of interior affairs of the Slovak Republic to fifteen days about the liquidation of the EAS.
   2. Valid decision of the Ministry of interior affairs of the Slovak Republic about the dissolution the EAS under the provision 12,segment third, act num. 83/1990 Code, about civic associations as amended.
       
2. About liquidation of the local body make decision its assembly by 2/3 majority of present delegates; the decision about liquidation is valid after its ratification by the General Board. The liquidation of the local organization hasn’t influence at during of its membership in the EAS.
    
3. By ending EAS or local body must be execute property settlement. Property settlement is executed by:
   1. General Board; or
   2. Liquidator designated by the Ministry of interior affairs of the Slovak Republic in case liquidation according to point 1., letter b).

ARTICLES XIX
PROVISIONAL REGULATIONS
 

1. The County bodies of the EAS, which were incorporated according to existing statutes of the association, are Local bodies according these statutes of the association.
    
2. The EAS bodies acquire their legal status according to existing statutes of the association stay sustentative.
    
3. Term of office of the members of the General Board elected according to existing statutes of the association of the EAS is ending 18. November 2000. Term of office of the members of board and committee of supervisors of local bodies ending, when is execute immediate assembly relevant local bodies of the EAS.

ARTICLE XX.
FINAL PROVISIONS
 

1. Canceled existing Constitutions of the EAS registered by the Ministry of interior (and environment) affairs of the Slovak Republic, under num. NVVS/2-1305/1989 from day 3.January 1990, in version registry number VVS/I-909/90-136 from day 14. February 1990, num. VVS/I-909/90-136-1 from day 28. April 1991, num. VVS/I-909/90-136-2 from day 17. April 1990, num. VVS/I-909/90-136-3from day 8. April 1994, num. VVS/I-909/90-136-4 from day 29. Marc 1995, num. VVS/I-909/90-136-5 from day 20. may 1996, num. VVS/1-909/90-136-6 from day 7. October 1997, num. VVS/1-909/90-136-7 from day 20. November 1998 and num. VVS/1-909/90-136-8 from day 4.December 2000.
    
2. These statutes of association are valid, after authorization by the Assembly of the EAS. Changing of these statutes of association said in point first (implement by this statutes) will be announced to the Ministry of interior affair of the Slovak Republic, till to 15 days after authorization for purpose of record this changing under the provision 11, act num. 83/1990 Code, about assembly of nations as amended.

In Bratislava, October 25, 2003