LA MAISEL SudPARIS - legal information
TITRE I : NAME, PURPOSE, SEAT, DURATION, COMPOSITION
ARTICLE 1 – NAME
A regularly declared, non-profit Association is formed between the members of these statutes, governed by the Law of July 1, 1901.
The Association takes the following name:
MAISON DES ELEVES SudParis (MAISEL SudParis)
hereinafter referred: The Association
ARTICLE 2 – PURPOSE
This Association aims to ensure, in the establishments for which it is responsible, the reception of students from TELECOM & Management SudParis schools, the provision, for the majority of students, of accommodation on the site or at proximity to the campus of accommodation and to provide them with moral and material assistance, so that their education takes place in the best living conditions, as well as contributing to the reputation of TELECOM & Management SudParis.
The responsibility of the TELECOM Institute is not incurred by the management of the MAISEL SudParis association. An OPERATING CHARTER, an agreement to which each member adheres individually, forms with these STATUTES, the “SOCIAL CONTRACT” by which the members of the MAISON DES ELEVES DE TELECOM & Management SudParis intend to harmoniously develop the goals of the Association and in sustain activities in compliance with the laws applicable to them.
ARTICLE 3 – PRINCIPLE OF SECULARISM
With the sole aim of preserving the secular character of its activities and the total independence of its cultural and educational project, the Association prohibits, within the premises for which it is responsible, to its members and third parties, any discussion public on political, union or religious questions.
This prohibition concerns neither private meetings organized with the authorization of the Bureau, within the Association in suitable rooms, nor the electoral campaign at the time of elections of the Student Bureau and representatives of student members within the Board of Directors.
ARTICLE 4 – HEAD OFFICE
The head office of the Association is located in the premises of TELECOM & Management SudParis – 5, rue Charles Fourier -91000 Evry-Courcouronnes. It may be transferred by simple decision of the Board of Directors.
ARTICLE 5 – DURATION
The Association is constituted for an indefinite period, and it will only end on the day of its dissolution under the conditions set out in TITRE IV below.
ARTICLE 6 – COMPOSITION
The Association is made up of the following members:
a) Honorary members
Honorary members are those who have rendered notable services to the Association.
This quality is acquired by decision of the General Assembly, taken by simple majority, on a proposal from the Board of Directors.
b)Supporting members
Benefactor members are people who, without participating effectively in the life of the Association, support it through their financial donations, or even special assistance.
This quality is acquired by decision of the general assembly, taken by a simple majority, on a proposal from the Board of Directors.
c) Legal members
The following people are ex officio members, either because they come from the senior management of TELECOM & Management SudParis and provide their knowledge in this capacity, or because they express the direct representation of the students:
the general director of TELECOM & Management SudParis,
six employees of the general director of TELECOM & Management SudParis, designated by him,
including an employee of TELECOM Ecole de Management, TELECOM SudParis and the international department, as well as their deputies
A representative of the TELECOM & MANAGEMENT Alumni association proposed by the office of this association
the President of the Student Union, provided that he adheres to the OPERATING CHARTER, and failing that, the Vice President of the Student Union, subject to the same reservation.
Each of the legal members can be represented within the Association by any duly authorized person of their choice.
d) Active members
Active members are people who have a particular attachment to TELECOM & Management SudParis (except for an exceptional exemption issued by the Board of Directors) and who, paying a contribution determined by their adherence to the MAISEL OPERATING CHARTER.
They participate voluntarily in the activities of the Association where they receive welcome, material and moral assistance, in particular the students of TELECOM & Management SudParis, for the latter only within the limit of the duration of their training.
The title of active member is acquired by adhering to the MAISEL OPERATING CHARTER, and after approval of the Board of Directors or the Office acting for this purpose by delegation from said Board.
ARTICLE 7 – LOSS OF MEMBERSHIP
Membership of the Association is lost by:
- resignation
the removal of a legal member, pronounced by the Board of Directors, in particular when his or her defined functions within TELECOM & Management SudParis cease to be fulfilled, or for serious disciplinary reasons, after hearing of the person concerned,
the exclusion pronounced automatically by the Board of Directors of any of the members of the Association, in particular when a failure to pay the annual subscription is noted, or in the event of a serious violation of the obligations agreed to by the members. active members within the framework of the MAISEL SudParis CHARTER.
TITRE II : ADMINISTRATION ET FONCTIONNEMENT
ARTICLE 8 – THE BOARD OF DIRECTORS
The Association is managed by a Board of Directors comprising fifteen members with full civic rights regardless of their nationality:
a) Among the ex officio members:
the general director of TELECOM & Management SudParis,
six employees of the general director of TELECOM & Management SudParis, designated by him,
including an employee of TELECOM Ecole de Management, TELECOM SudParis and the international department, as well as their deputies
A representative of the TELECOM & MANAGEMENT Alumni association proposed by the office of this association
the President of the Student Union, provided that he adheres to the OPERATING CHARTER, and failing that, the Vice President of the Student Union, subject to the same reservation.
b) Parmi les membres actifs :
In addition to the President of the TELECOM & Management SudParis Student Union, elected in this capacity by all the students of the School, the Board of Directors includes six representatives elected from among the student members who signed the MAISEL OPERATING CHARTER , up to date with payment of their contributions.
ARTICLE 9 – ELECTION OF STUDIENTS TO THE BOARD OF DIRECTORS
Each year, three student administrators are elected for a non-renewable two-year term.
The organization of elections is the responsibility of the President of the Association who sets the date and time of the vote, collects the applications and provides voters with the necessary electoral materials, including the ballot papers bearing the name of each candidate.
The President designates from among the members of MAISEL, the members of the Polling Office responsible for the regularity and policing of the elections, the tallying of voters, the counting and the proclamation of the results.
The electoral list is established and displayed by the President or his representative. Only people appearing on the electoral list can be candidates.
Candidatures, freely expressed by each student, are admissible provided they are submitted to the President of the Association or his representative no later than eight days before the date set for the election. The lists of candidates are then displayed.
The election takes place by single-member majority secret ballot, each incumbent candidate being able to present at most two alternate candidates at the same time.
Blank or invalid ballots are not taken into account.
The three candidates having gathered the greatest number of votes on their behalf are declared elected.
In the event of resignation or removal of an elected candidate, the first substitute is called to sit in his place, and failing that the second substitute if there is one.
ARTICLE 10 – REPRESENTATION
In the event of impediment, a member of the Board of Directors may be represented either by his alternate or by another duly authorized member of his choice.
A member of the Board of Directors can only hold two powers in addition to his own.
The substitute of a legal member cannot subdelegate his power or provide additional delegation on behalf of another member.
The Board of Directors meets as soon as possible at the request of the Director of TELECOM & Management SudParis, an ex officio member, and appoints from among its members the President of the Association for a three-year term, unless resignation or revocation.
ARTICLE 11 – OPERATION OF THE BOARD OF DIRECTORS
The Board of Directors meets when convened by its President or at the request of a third of its members. A reasonable notice period should be allowed.
To deliberate validly, the Board of Directors must be composed of at least half of its members present or validly represented.
The decisions of the Board of Directors are taken by a majority of the members present or validly represented; in the event of a tie, the President’s vote is decisive.
The members of the Board, who act on a voluntary basis, cannot receive any remuneration of any kind whatsoever due to the administrative functions entrusted to them, except where applicable, the reimbursement of expenses incurred on behalf of the Association, payment can only be made upon proof of expenditure.
The Secretariat of the Board of Directors is provided during the year by one of its members freely designated from within it. To carry out his task, the Secretary of the Council has the administrative resources of the Association at his disposal.
ARTICLE 12 – POWERS OF THE BOARD OF DIRECTORS
The Board of Directors has all powers to ensure the management of the activities of the Association, its staff, as well as the goods, means and equipment made available to MAISEL. He has sole power to commit the credit of the Association and if necessary, he authorizes the President to dispose of its property.
The Board of Directors sets the amount of contributions before the start of each school year, in particular based on the activities chosen by active members.
The Board of Directors may modify, upon proposal from the President of the Association, the text of the OPERATING CHARTER in order to adapt it to the needs of students, or even to respond to new situations.
At the start of the school year, the Board of Directors defines a specific budget for non-refundable aid intended for students in serious financial difficulty.
The students concerned will have to submit a specific request to Maisel. This file, validated by the president of the association, will be sent, along with the proposed amount, to the social worker at TELECOM & Management SudParis.
If the file is validated, the amount will be communicated for information to the members of the Board of Directors.
The Board of Directors regularly monitors the decisions of the President and the Bureau of the Association.
ARTICLE 13 – THE PRESIDENT OF THE ASSOCIATION
The Board of Directors chooses from among the ex officio members designated by the general director of TELECOM & Management SudParis a President who, as ex officio President of the Association for the duration of his mandate and subject to resignation or revocation, assumes full responsibility for the management of MAISEL. For this purpose, he has all the administrative and financial resources of the Association at his disposal.
The President cannot commit acts of disposition in the name of the Association without the prior agreement of the Board of Directors.
Under the control of the Board of Directors, the President delegates all or part of his responsibilities to the Office, the latter being responsible for reporting regularly to him on its activities and decisions.
Only the Chairman of the Board of Directors can, with his agreement, take legal action in the name of the Association, for the preservation of its interests, before any jurisdiction whatsoever.
ARTICLE 14 – REPLACEMENT OF THE PRESIDENT
In the event of the President’s temporary incapacity, he is replaced by decision of the Board of Directors convened urgently by the Managing Director of TELECOM & Management SudParis. The replacement is ensured by one of the members designated by the general director of TELECOM & Management SudParis.
Pending the Council’s decision, the Office manages day-to-day affairs.
ARTICLE 15 – OFFICE OF THE ASSOCIATION
The President of the Association, in order to ensure, on a day-to-day basis, good management of the activities of MAISEL SudParis, delegates all or part of his organizational and management powers to an “BUREAU”, an organization which is constantly called upon to report to him on his projects and the execution of his decisions.
The Director of MAISEL is an ex officio member of the Association’s Bureau.
At the start of each school year, the Board of Directors designates from among its members the other members of the Office, namely, in addition to thePresident
- President, two vice-presidents
a secretary and, possibly, an assistant secretary
a treasurer and, if necessary, an assistant treasurer.
Composed of a minimum of six members, the Bureau deliberates by majority, the President’s vote being casting.
ARTICLE 16 – OPERATION OF THE ASSOCIATION OFFICE
The Bureau meets at the request of its President, one of the Vice-Presidents or the Director of MAISEL.
Decisions are made by majority vote; in the event of a tie, the President’s vote is decisive.
ARTICLE 17 – ORDINARY GENERAL MEETING
The Ordinary General Assembly, composed of all members of the Association, meets every year during the second quarter.
At least fifteen days before the fixed date, the members of the Association are convened by its President. The agenda appears on the invitations.
The President of the Association, assisted by members of the Bureau, in the presence of members of the Board of Directors, chairs the meeting and presents the moral and material situation of the Association.
The Treasurer reports on management and submits the accounting results for approval by the assembly.
Only questions submitted to the agenda must be dealt with at the ordinary general meeting.
The Assembly can only validly deliberate in the presence of the President or a person designated by him for this purpose.
ARTICLE 18 – EXTRAORDINARY GENERAL MEETING
An extraordinary general meeting may be convened at any time, on a specific agenda, at the instigation of the President or at the request of at least three quarters of the members of the Association.
This extraordinary general meeting is determined according to the same rules as those governing ordinary general meetings.
ARTICLE 19 – FINANCIAL COMMITMENTS
Financial operations are carried out under the responsibility of the President and the Treasurer, their two signatures being required for any payment exceeding a sum fixed each year by the Board of Directors.
At the end of the past financial year, the Treasurer prepares a financial report detailing in particular the entire assets of the Association, in a balance sheet, an inventory account, a general operating account and a profit and loss account.
The auditor is responsible for verifying the regularity and sincerity of the accounting entries.
He can obtain all the necessary accounting documents and documents to facilitate his mission.
ARTICLE 20 – AUDITOR
The auditing of the accounts is carried out by an Auditor registered with the Company of Auditors: he is appointed by the Board of Directors.
ARTICLE 21 – ROLE OF THE DIRECTOR OF THE ASSOCIATION
The Director of MAISEL ensures, under the responsibility and control of the President and the Office, the daily management of the Association and the management of staff. The functions of the Director of Maisel are defined in his employment contract.
It cannot proceed with the hiring and dismissal of staff without first referring it to the Office of the Association.
The Director is hired on the recommendation of the President, by decision of the Board of Directors; it can only be revoked by the latter.
TITRE III : MOYENS FINANCIERS DE L’ASSOCIATION
ARTICLE 22 – RESOURCES
The resources of the Association consist of:
subsidies paid by external organizations,
contributions paid by members of the Association,
where applicable, and in the forms provided for by law, of donations, legacies and financial products.
Concerning the contributions paid by active members, it is accepted in principle that their amount cannot be identical from one member to another, since it is determined, according to a common rule, based on usage. voluntary means made available to the people concerned (in particular active members), and its duration.
TITRE IV : MODIFICATION OF STATUTES AND DISSOLUTION
ARTICLE 23 – MODIFICATION OF STATUTES
The statutes may be modified by the General Assembly on a proposal from the Board of Directors. In this case, the proposed modifications are included on the agenda of the next General Assembly convened by the President.
To validly deliberate on a modification of the statutes, the assembly must include at least half of its members.
If this proposal is not reached, the assembly is reconvened by the President, after a minimum period of fifteen days, and from then on it can validly deliberate, regardless of the number of members present or represented.
ARTICLE 24 – DISSOLUTION
Dissolution can only be pronounced by an extraordinary general meeting convened specifically for this purpose.
ARTICLE 25 – DISSOLUTION COMMISSIONER
With a view to the dissolution operations, the extraordinary general meeting appoints, on the proposal of the President, one (or more) commissioner(s) responsible for the liquidation of the assets of the Association.
ARTICLE 26 – ATTRIBUTION OF LIQUIDATION ASSET
The Extraordinary General Meeting allocates the net liquidation assets, if any, to one or more associations with an identical corporate purpose. idation, if any, to one or more associations with an identical corporate purpose.
Done in Evry, January 12 2009
The Président of La MAISEL SudParis,
Christian CAMILLERI
The Vice Présidente of La MAISEL SudParis,
Christelle CORNU