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REGULATIONS
ON MEMBERSHIP IN THE ASSOCIATION „EUROPEAN UNION OF UKRAINIAN TRANSPORT COMPANIES”
Procedure of admission and expel from Association’s members
Rights and duties of Association’s members
Application for admission to the EAUTC
PROCEDURE OF ADMISSION AND EXPEL FROM ASSOCIATION’S MEMBERS
1. A member of the EAUTC may be: a juridical person defined by the current legislation of Ukraine as an economic subject who, by order of a customer and at the customer’s expense, provides or arranges provision of transport-forwarding services, stipulated by a corresponding agreement, who, according to an established procedure, has received a required permission (license) for the right on such an activity; an owner of transport means, às well as other juridical persons who, according to the procedure established by law, provide services on transportation and forwarding of cargoes and passengers and who have applied for admission to the EAUTC. The procedure of admission and expel from the EAUTC membership shall be established by the General Meeting.
2. Admission to the EAUTC shall be provided on filing an application addressed to the Association’s President with a subsequent affirmation by the Board (a sample of the application form is attached).
3. To apply for membership in the EAUTC an applicant shall provide the following package of documents the application form;
a copy of the certificate on the state registration of a subject of economic activity or a juridical person, verified by their stamp;
copies of constitutive documents with all amendments and additions, verified by their stamp.
4. The package of documents and the application form shall be sent to the EAUTC Board that shall make a decision on admission of the EAUTC’s members within 20 working days since the moment of completing the application form. In case of a rejection of the EAUTC’s member’s admission, the applicant shall be sent a written notification on the rejection defining its reason. The admission for being the Association’s member may be rejected if:
the applicant has been liquidated as a juridical person or there has been brought an action regards bankruptcy or deprivation of a corresponding state license against him;
the applicant is known to have been violating generally recognized in business circles standards of ethical and professional conduct.
5. If the applicant’s application is rejected, he has the right to submit an application again, but not earlier than in 6 calendar months after the previous application.
6. In order to check the data supplied by the applicant in documents, the Association is enabled to send its representatives to the applicant’s location and demand for additional information.
7. In case the decision on the admission for the EAUTC’s member is positive, there appears a legal basis for paying an admission and a membership’s fees.
8. The amount of the admission fee makes up 500,00 UAH (or a corresponding amount of the foreign currency (the USA dollar) at the exchange rate of the NBU valid at the moment of paying the fee, for non-residents).
9. The amount of annual fees makes up 2000,00 UAH (or a corresponding amount of the foreign currency (the USA dollar) at the exchange rate of the NBU valid at the moment of paying the fee, for non-residents). The annual fee shall be paid in equal parts by means of money remittance to the EAUTC’s current account(s) three times a year: the first part shall be transferred by May 01, the second shall be transferred by September 0, the third shall be transferred by December 31.
10. The juridical date of becoming the Association’s member is the date of paying the admission fee.
11. The Association’s membership shall be confirmed by an established certificate.
12. Any member of the Association has the right to leave the EAUTC, but not earlier that in a month since the date of notifying the EAUTC’s President about their intentions in a written application.
13. If a member leaves the EAUTC, the property and money invested for organization and development of the Association’s activity, including the admission and membership’s fees, shall not be returned and claims for a part of the Association’s property shall not be satisfied. The EAUTC’s property and money shall not be divided after its member has left or has been expelled.
14. The EAUTC’s General Meeting is enabled to expel any member from its membership in case if:
15. the EAUTC’s member violates roughly or systematically the current legislation of Ukraine;
16. the EAUTC’s member does not pay in membership’s fees (an installment of the membership’s fees) during three months;
17. the EAUTC’s member systematically does not complete requirements of the Statute and inner norm of the EAUTC’s activity;
18. the professional activity of the EAUTC’s member contradicts the current legislation of Ukraine, the regulations and standards established by the EAUTC;
19. In case of non-payment by the EAUTC’s member of the membership’s fees (an installment of the membership’s fees) for two quarters, the Board shall decide the issue on expelling the member from the EAUTC’s membership. The decision shall be made on voting with 2/3 of votes of the Board, making the General Meeting informed about this. In case of the Board’s non-acceptance of the decision on expelling a certain member from the EAUTC’s Board, the issue shall be submitted to the EAUTC’s regular General Meeting.
20. In case of expelling a member from the EAUTC, the membership in the Association ceases since the moment of approval of a corresponding decision by the General Meeting of the EAUTC. Admission of persons who have been previously expelled from the membership to the EAUTC again is possible not earlier than in 12 calendar months since their expelling on the EAUTC General Meeting’s decision.
RIGHTS AND OBLIGATIONS OF THE ASSOCIATION’S MEMBERS
1. The Association’s members have the right:
· to participate in the EAUTC General Meetings;
· to leave the EAUTC at any time;
· to receive from the EAUTC’s bodies information on its activity, consultations on professional activity matters, development of methodical materials, standards, etc.;
· to send its representative or recommend an external expert for work in the EAUTC’s bodies, and if the EAUTC’s regulations predetermine a special procedure of establishment of corresponding bodies and election (approval) of their participants, the EAUTC’s member has the right to nominate a representative or an external expert for the election (approval) on conditions defined in the regulations on certain bodies;
· to offer the EAUTC’s bodies drafts of documents for their approval, make remarks on documents in action or to be approved;
· to hold a check-up (examination) of their professional activity on a corresponding request not more than once a year;
· to receive a definite certificate for confirmation of its membership in the EAUTC;
· to spread out general information about themselves or about the Association;
· to receive the Association assistance for overcoming circumstances temporarily aggravating the process of completing the professional activity by the EAUTC’s member;
· to be represented by the EAUTC in respect of their interests;
· to participate in programs and measures carried out by the EAUTC;
· to require a replacement of the administration or participants of the EAUTC’s bodies, officials in case of revealing their violation of the EAUTC’s regulations;
· to use the EAUTC’s logotype in its activity;
· to be represented at the EAUTC’s web-site;
· to participate on special conditions in exhibitions and other measures, to be published in advertising-informational editions carried out (issued) on the EAUTC’s initiative;
2. The EAUTC’s members are obliged to:
· residents – follow implacably requirements of the current legislation of Ukraine, of the EAUTC’s Charter, inner rules, standards and regulations of the EAUTC;
· non-residents – follow implacably requirements of the current legislation of the country of registration, Ñòàòóòó ªÑÒÓ, of the EAUTC’s Charter, inner rules, standards and regulations of the EAUTC;
· enable the persons assigned by the EAUTC check up correspondence of the professional activity of the member to the current legislation of Ukraine and to the EAUTC’s regulations according to the procedure established by the EAUTC’s regulations and in the scope allowed by the current legislation;
· inform the EAUTC about cases of violation of the legislation and the EAUTC’s regulations from the part of a member or a candidate to the EAUTC’s members considered by the EAUTC to be unfit for the professional activity;
· to have enough money for performance their professional activity. The amount of money (of the statute fund or assets) of the EAUTC’s member shall not make up less then the amount determined by the current legislation;
· to pay in the membership’s fees in the amount and according the procedure established by the Board;
· to inform the EAUTC’s bodies about:
- a change of a name, location, telephone numbers, other data ensuring keeping in contact with the member;
- imposition of sanctions on the member for violation the professional activity in the sphere of transport-forwarding activity;
- the court hearings with their participation as a prosecutor or a defendant, in case if such court hearings deal with corresponding kinds of the professional activity of the EAUTC’s member on the market of transport-forwarding services;
- opening of affiliates engaged in the professional activity (starting of the professional activity by affiliates);
- other information in accordance with the EAUTC’s regulations;
· to hold back from spreading out unfaithful information about other EAUTC’s members;
· to keep in constant contact with the EAUTC and its regional representative agencies;
· the EAUTC’s member’s non-fulfillment of the obligations predetermined by the Charter and the Association’s regulations may be a reason for restriction the rights or expelling the member from the EAUTC’s members according to the procedure defined in the Regulations on membership in the EAUTC.
