Statute (as amended during EGM of the 20/10/2017)
1. The name of the Group is “ADHD Malta”, hereinafter referred to as “the GROUP”.
2. The postal address of the GROUP is situated at P.O. Box 2, St. Julian’s STJ 1001, or such other premises as the Committee may from time to time determine.
SCOPE AND OBJECTS
3. The GROUP is a voluntary organisation of private right, set up as a juridical personality and is neutral and non-aligned in respect of Politics, Religion, Race, Colour or Creed. It is regulated by the provisions of this Statute.
4. The objects for which the GROUP is established are as follows:-
(a) Relieve children and adults suffering from Attention Deficit Disorder and Attention Deficit Hyperactivity Disorder and potential ADD/ADHD children, adults and their families.
(b) Advance the education of the persons mentioned in (a) above and members of the public in general with regards to the above disorders.
(c) Bring together in conference representatives of voluntary organisations, Government Departments, statutory authorities and other individuals.
(d) Promote and carry out or assist in promoting and carrying out research, surveys and investigations and publish results which are deemed useful.
(e) Arrange and provide for or join in arranging and providing for the holding of exhibitions, meetings, lectures, classes, seminars and training courses.
(f) Cause to be written and printed or otherwise reproduced and circulated, gratuitously or otherwise, such papers, books, periodicals, pamphlets or other documents or films or recorded tapes as shall further the said objects.
(g) Purchase, take on lease or in exchange, hire or otherwise acquire any property and any rights and privileges necessary for the promotion of the said objects and construct, maintain and alter any buildings or structures necessary.
(h) Employ and pay any person or persons to supervise, organise and carry on with the work of the GROUP.
(i) Raise funds and invite and receive contributions from any person or persons whatsoever by way of subscriptions and otherwise.
(j) Invest funds of the GROUP not immediately required for the said objects in or on such investments, securities or property as deemed necessary.
(k) Do all lawful matters as are necessary for the attainment of the said objects.
MEMBERSHIP AND FEES
5. Membership & Fees
(a) Membership fee is to be Euro 20.00 for every member family and Euro 10 for single parent families and single members under the age of 21 or are still full time students. Each paying family unit carries one vote. Membership is paid per calendar/solar year.
(b) Membership is also open to Associate Members/Memberships. Such associate members/memberships are groups of individuals and/or professionals working within specific settings that may apply to be members in the ADHD Group as a group/entity. The Associate Membership fee is of Euro 20 per calendar/solar year, or otherwise as decreed as in Item 6, with rights pertaining to membership however without the right to hold a vote.
(c) Memberships expire end December of the paid calendar year.
6. The subscription fee for members shall be fixed by the Annual or Extraordinary General Meeting upon the Committee’s recommendation, as they may from time to time determine.
7. Membership will be automatically lost if the yearly subscription fee remains unpaid six (6) months after a call for payment by the Treasurer.
8. The Committee shall have the right to suspend or dismiss any member whose attitude and/or behaviour are against the interests of the GROUP, provided that:-
(a) Such a resolution is considered in Committee and consented to by at least two-thirds of the members present.
(b) Such an individual has first been served with a written warning specifically stating the offence and giving him/her the opportunity to defend himself/herself.
(c) From a decision of the Committee, the member shall have a right of appeal to the General Meeting. He/She may be assisted by a person both before the Committee and the General Meeting.
9. Co-operators are individuals who are not members but help the GROUP in attaining its aims.
MANAGEMENT AND FINANCIAL ADMINISTRATION
10.The GROUP shall be made up of a committee of not less than four (including Chairman, Secretary and Treasurer plus 1 and not more than 10. The officials exercise the powers and duties normally exercisable by persons holding their position. The other three committee members may be authorised in writing to assume temporarily the duties of the GROUP’s officials during the latter’s absence or sickness or otherwise.
11.Any member during any discussion, who finds that he has a conflict of interest will be asked to withdraw from the discussion when the vote is taken.
12.All financial matters of the GROUP will be the collective responsibility of the Committee.
13.Representation shall vest in any two of the following: Chairperson, Secretary and Treasurer: provided that any member of the GROUP duly authorised in writing by two of the above persons can represent the GROUP on any particular matter.
14.All funds (except for petty cash) shall be deposited in a bank account to the credit of the GROUP and used only in furtherance of the aims of the GROUP.
15.Proper financial accounts shall be kept which are subject to an internal audit mentioned in clauses 27 and 28 respectively.
16.The Committee has the power to appoint and, once appointed, remove sub-committees to run activities consistent with the spirit and aims of the GROUP.
17.The said sub-committees shall report to the Committee of their plans and activities, and shall take directives from the Committee.
18.The Committee has the power to formulate bye-laws not inconsistent with the provisions of this Statute.
19.The Committee shall hold an Annual General Meeting of all ordinary members of the GROUP once a year and not more than 15 months shall lapse between one meeting and another. The Agenda shall be decided upon by the Committee, but it shall include elections for a new Committee. Notice in writing of any resolution or motion to be proposed at the Annual General Meeting must reach the Secretary by not later than three weeks before an AGM.
20.The Committee has to meet at least once every three months. Meetings arecalled by the Chairperson or at least one half of its members.
21.The quorum for a Committee Meeting, Annual or Extraordinary General Meeting shall be 50% + 1 of the paying members. Should less than 50% + 1 of the members be present for the Annual General Meeting or Extraordinary General Meeting on the appointed day and time, then the meeting shall start fifteen minutes later and the members present shall constitute a quorum provided they be not less than 20% of the paid members.
22.Members of the Committee who absent themselves for three (3) consecutive committee meetings without a good cause shall be deemed to have resigned.
23.Committee meetings shall be notified in writing by the Secretary at least five (5) days in advance except in cases of urgency declared by the Chairperson.
24.Every member present at the Annual General Meeting, Extraordinary General Meeting or Committee Meeting shall have one vote.
25.An Extraordinary General Meeting may be convened whenever it is requested by the Committee or when there is a request therefor by at least 30% of the paying members of the GROUP. In the latter case, it shall be called within 30 days of a request in writing specifying the object of the Meeting. Except on a motion formally suspending the regulations, no matter shall be debated at an Extraordinary General Meeting unless appearing on the Agenda.
26.The Secretary shall inform all members by at least fifteen (15) days’ notice in writing of the date, time and place of the Annual and Extraordinary General Meeting.
27.With the exceptions of clauses 8(a), 31 and 33 in Annual General Meetings, Extraordinary General Meetings and Committee Meetings, decisions are taken by majority rule (ie50 % +1) of the members present. In the case of an equality of votes during a Committee meeting, the Chairperson or, in the absence of the Chairperson, the Secretary, shall have both an original and a casting vote. In the case of an equality of votes at a General Meeting, the person presiding shall have both an original and casting vote.
28.The financial statements of the GROUP shall be prepared by a Certified Public Accountant every year. The said accountant is appointed during the Annual General Meeting. The Committee shall, if need be, negotiate the remuneration payable to the Accountant.
29.The external auditors shall examine the books and accounts of the GROUP and to require explanations and shall report to the Annual General Meeting.
30.An inventory of the all immovable and movable property including office equipment, furniture and fixtures etc, belonging to the GROUP shall be drawn up and shall be updated every year by the
FILLING OF VACANT POSTS
31.Vacancies in Committee shall be filled by co-opting the member or members who, at the Annual General Meeting for the election of the Committee, obtained the next highest number of votes. If there are two or more of such members, the more senior in membership shall be appointed. If none is available, the Committee can co-opt a member from amongst any individual paying member or leave the vacancy open until the next Annual General meeting.
ALTERATIONS TO STATUTE
32.Changes to this statute can only be made following a resolution approved by two-thirds (2/3rds) of the paying members present at an Annual General Meeting or at an Extraordinary General Meeting called for the purpose.
33.It shall be the prerogative of the Chairperson to rule on matters involving the interpretation of this Statute or on matters not specifically regulated therein – subject only to an appeal by any dissenting member to the General Meeting.
34.The GROUP shall be dissolved when three-fourths (3/4ths) of the members present at an Annual General Meeting or Extraordinary General Meeting so resolve. On dissolution, advice thereof shall be sent within one week to the relevant Government Ministries or Departments, the Commissioner of Police and the Commissioner of Inland Revenue, and the current members.
35.Upon the passing of a motion of dissolution of the GROUP in terms of clause 33 of this statute, the members present at the said General Meeting shall appoint an Administrator who shall wind up the financial affairs of the GROUP. The Meeting shall, if need be, determine the remuneration payable to the Administrator.
36.On appointing the Administrator, the Secretary (and if he/she has resigned, any one of the remaining Committee members in the order of Chairperson, Treasurer or any one of the other committee members) is to give the Administrator an updated statement of the GROUP’S assets and liabilities as on the date of the Administrator’s appointment.
37.A fund is to be set up from which the Administrator shall pay expenses involved in the liquidation of the GROUP’s affairs. The size of this fund is to be approved by the Annual General Meeting or the Extraordinary General Meeting.
38.Upon election of the Administrator all the functions of the Committee members shall cease and be vested in the Administrator. It shall be the duty of the Administrator to meet all liabilities of the GROUP and to proceed to the liquidation thereof.
39.Following liquidation as aforesaid, the Administrator shall pass the net assets, if any, to a local Federation or Organisation which the committee may have nominated prior dissolution, within the earliest reasonable time which shall not exceed the period of six (6) months from the date of his/her appointment saving reasonable extensions, in case of need, requested and obtained from the last serving committee.
40.On termination of his/her assignment, the Administrator shall give a detailed statement of his/her administration to all ordinary members of the GROUP.
41.In case of resignation of the Administrator, all powers for the liquidation of the GROUP will vest in the outgoing Chairperson – or in his/her absence and in this order, the Secretary, Treasurer, Council member according to seniority or any member of the GROUP according to seniority – who shall liquidate the GROUP and abide by all regulations regarding the administrator. Upon resignation, the Administrator shall forward an updated statement of assets and liabilities and of disbursements up to the date of his/her resignation.
42.If for any reason, the whole Committee fails to meet for a period exceeding six (6) months, then any one member of the GROUP is authorised to convene an Extraordinary General Meeting during which fresh elections for a Committee are made. If less than four (4) members offer themselves for election, a Committee of less than four (4) members may be formed for a period of six (6) months (One of these Committee members has to occupy the post of Chairperson). If by the termination of the said six (6) months, the Committee would not have co-opted other members to raise the number to at least FOUR (4) then the said member/s of the Committee should appoint an Administrator in terms of clauses 33 to 40 of this statute.
43.Any reference to a percentage or proportional calculation in this Statute of which the figure results in a fraction shall be rounded up to the next whole number.