ADHD Malta - Statute
(as approved during AGM of the 11/03/2022)
ADHD Malta – Statute
The name of the Association shall be “ADHD Malta”.
The official address of the Association is:
ADHD Malta, 238, ta' Ġanni, Triq il-Ħtajriet, Mosta MST 3067, Malta
or such other address as may be determined by the Executive Committee from time to time.
MISSION STATEMENT OF THE ORGANISATION
The aim of ADHD Malta shall be to support, empower, educate and encourage anyone dealing with the neurodevelopmental condition known as “Attention Deficit Hyperactivity Disorder”; hereinafter referred to as “ADHD” and related conditions, and to advocate for the rights of people with ADHD.
The Association shall have the following objects:
4.1. To provide support to children and adults who are diagnosed with or potentially have ADHD as well as their families;
4.2. To broaden the knowledge of and empower the above-mentioned persons and members of the public in general with regard to ADHD and co-existing conditions;
4.3. To raise public and political awareness of ADHD and co-existing conditions;
4.4. To promote and carry out or assist in research, surveys and investigations and publish results which are deemed useful;
4.5. To promote and present the interests of the Association’s members to the notice of local administration and authorities, international Associations and other authorities;
4.6. To raise funds by means of subscription of members or otherwise for all the purposes and objectives of the Association in such amounts and in such manner as may be authorised by the Executive Committee;
4.7. To form part of any national/international Association/s whose aims are similar to that of the Association;
4.8. To encourage and promote research;
4.9. To arrange and provide for, or join in arranging and providing for the holding of exhibitions, meetings, lectures, classes, seminars and training courses. The association shall apply for any licence or permits before an activity is carried out, as required under the applicable law.
4.10. To produce written, printed and digital media, or otherwise reproduced and circulated, gratuitously or otherwise, as shall further the said objects.
4.11. To 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.
4.11.1. To invest funds of the Association immediately required for the said objects in or on such investments, securities or property as deemed necessary in pursuit of the Association’s purposes.
4.12. To do all that which is ancillary, incidental or conducive to the attainment of the above objectives.
5.1. The Association shall be autonomous and voluntary.
5.2. The Association shall be non-profit making as defined in the Voluntary Organisations Act (Chapter 492 of the Laws of Malta), and any excess of funds received or generated from its activities must always be reinvested in the same Association.5.2.1. The Association shall apply for registration under the said Chapter 492 of the Laws of Malta and also as a legal Person under the Second Schedule of the Civil Code (Chapter 16 of the Laws of Malta and shall comply with the provisions of the said legislation.
5.3. The accounts of the Association shall be reviewed or audited and published on a yearly basis.
5.4. Provided its autonomy is not affected, the Association may collaborate with other entities on a national, regional or international basis in order to further its aims.
5.5. The Association shall not have any political or trade union affiliation and it shall not indulge in party politics.
5.6. All prospective Members and Associate Members of the Association shall have access to the statute of the Association online, and this will be sent to on demand. Prospective Members will be required to state that they are aware of the objectives of the Association.
SUBSCRIPTIONS, FINANCES AND ACCOUNTS
6.1. Membership in the Association shall be completed through an application for a subscription (accompanied by the fee mentioned in the following sub-articles). Applications for membership shall not be considered unless accompanied by the subscription fee, unless otherwise stipulated by the committee.
6.1.1. The subscription fee shall be payable as determined by the Executive Committee.
6.1.2. Subscription shall be on a lifetime basis; payable just once at the rate of thirty Euro (€30.00) for an individual or a family membership or twenty Euro (€20.00) for full-time students and unemployed people.
184.108.40.206. Any member who has paid a membership fee of twenty Euro (€20.00) in the past years shall be required to pay an additional ten Euro (€10.00) to be eligible for life membership.
220.127.116.11. Once the circumstances of the student or unemployed person change, they too shall be required to pay an additional ten Euro (€10.00) to be eligible for life membership.
6.1.3. Each member once accepted by the Association, carries one (1) vote at the Annual General Meeting.
6.1.4. Individuals, groups of individuals or professionals working in a sector related to that of the Association’s mission may also become members through the Associate Membership fee of fifty Euro (€50.00). The Associate Membership includes the rights pertaining to membership however without the right to hold a vote.
6.1.5. The subscription fee for members shall be determined during a General Meeting upon the Committee’s recommendation, as they may from time to time determine.
6.2. The funds of the Association shall also be collected from voluntary contributions, donations or grants by Members, benefactors, the State, any other institution, and from fundraising activities.
6.3. The funds of the Association shall be deposited in bank accounts of a reputable local bank in the name of the Association. Representation shall vest in any two of the following: Chairperson (President), Secretary and Treasurer.
6.4. The Treasurer shall keep such proper books of accounts as will enable him/her/them to present at every General Meeting of the Association, or at any other time if required (on reasonable notice to him/her) by the Executive Committee, an accurate report and statement concerning the finances of the Association. Such accounts shall be subject to an internal audit.
6.5. The annual accounts of the Association are to be drawn up for a financial period commencing on 1st January and ending on 31st December of each year.
GENERAL MEETINGS (AGM or EGM)
7.1. An Annual General Meeting (AGM) of the Association shall be held every year and not more than fifteen (15) months shall lapse between one meeting and another. Notice of the day and time of the AGM shall be given to each member at least fifteen (15) working days before such day.
7.2. The Secretary shall present the Annual Report of the Association to the AGM. The Secretary shall also take minutes of the proceedings at all General Meetings of the Association.
7.3. The quorum for the AGM (or any Meeting) shall be ten per cent (10%) of the general membership. In the absence of such quorum, the Meeting shall be held, with the same agenda, thirty minutes later and all decisions taken shall be binding on the Association as a whole.
7.4. The Agenda shall be decided upon by the Committee and it shall include elections for a new Committee. Notice in writing of any resolution or motion to be proposed at a General Meeting must reach the Secretary by not later than three (3) weeks before a General Meeting.
7.5. Every member of the Association shall be entitled to be present and every Member shall be entitled to one (1) vote upon every matter raised.
7.5.1. In the case of equality of voting, the Chairperson (President) of the meeting (who shall be the outgoing Chairperson (President) of the Executive Committee) shall have a second or casting vote.
7.5.2. Should a member of the Association wish to vote on a matter raised at Committee level but is unable to attend the Meeting, he/she/they may appoint another member of the Association as his/her/their proxy to vote on his/her/their behalf.
7.6. Every member - excluding associate members - present at the Annual General Meeting (AGM), Extraordinary General Meeting (EGM) or Executive Committee Meeting shall have one (1) vote.
7.7. The auditors of accounts shall be nominated and appointed by the Executive Committee. No auditor or reviewer of accounts who has held office on the Executive Committee during the past twelve (12) months will be eligible for nomination. No auditor or reviewer of accounts shall run for office on the Executive Committee during the coming twelve (12) months.
CONDUCT OF MEMBERS
8.1. Every Member shall conform to the Association’s Code of Ethics.
8.2. The Executive Committee shall have the right to suspend, dismiss or revoke the membership of any member whose attitude and/or behaviour are against the interests of the Association and/or are alleged to have brought, or attempted to bring disrepute on the Association.
8.3. The following procedure is to be adhered to in the case of the suspension, dismissal or revocation of any member of the Association:
8.3.1. A resolution is discussed within the Executive Committee and is consented to by at least two-thirds (2/3) of the Executive Committee members present.
8.3.2. The individuals are first served with a written warning specifically stating the offence.
8.4. Following said warning, the individuals are given the opportunity to explain and defend their position.
8.4.1. The individual has the right to appeal the decision made by the Executive Committee at the General Meeting.
8.4.2. The individual may be assisted by a person both before the Committee and the General Meeting.
8.4.3. The resolution is consented to by at least two-thirds (2/3) of the members present at the General Meeting.
THE EXECUTIVE COMMITTEE
9.1. The Affairs of the Association, in all matters not in these rules reserved for the Association in a General Meeting, shall be managed by the Executive Committee of the Association; Provided that the Executive Committee shall have, as its primary function but not limited to, the management and allocation of the proceeds of all fundraising activities.
9.2. During the AGM of the Association, the Executive Committee shall be elected and shall consist of up to five (5) members and not less than three (3), who shall be elected every one year. Additional members may be co-opted to serve as sub-committee members for specific tasks and/or projects.
9.3. At the expiration of the one-year period the Executive Committee shall go out of office. However, these members are eligible for re-election.
9.3.1. The Executive Committee shall be elected to office for a period of one year by secret ballot, electing those Members obtaining the highest number of votes.
9.4. A new member who wishes to form part of the Executive Committee should be a fully subscribed Member of the Association for at least six (6) months; Otherwise, said person can be co-opted and then becomes a full voting Member of the Executive Committee at such a date as the Executive Committee deems fit.
9.4.1. No person who is not a Member of the Association shall be eligible to hold office as a Member of the Executive Committee.
9.5. Nominations for the Executive Committee must be submitted on the appropriate official forms fourteen (14) days prior to the AGM. In the absence of prior nominations reaching the Executive Committee on the appropriate date, the outgoing Executive Committee may invite nominations from the floor on the day of the AGM.
9.6. The elected members of the Executive Committee will elect/appoint a Chairperson (President), a Secretary and a Treasurer from amongst them.
9.7. In the event of the resignation (or termination from post for other reasons) of an Executive Committee Member, the Executive Committee may co-opt other member/s to take his/her/their place by means of a vote during a committee meeting. Any Member so appointed shall retain his/her/their office only until the next AGM and he/her/they shall then be eligible for re-election.
9.8. Should an Executive Committee member wish to resign from the committee, he/she/they must send a letter of resignation via e-mail to the Secretary and/or the President within a month of their last committee meeting attendance.
9.9. Any Member who does not attend the Executive Committee meetings for three (3) consecutive times without a notification and/or a valid reason will be considered as terminated from the Committee and presented with an official email stating as such. This will guarantee the smooth continuity of the work of the Executive Committee.
POWERS OF THE EXECUTIVE COMMITTEE
10.1. The business of the Association shall be managed by the Executive Committee which may pay all such expenses, preliminary and incidental to the promotion, formation, establishment and registration of the Association as it deems fit.
10.2. Saving the provisions of article 6.3 above, the Contractual and Judicial Representation of the Association shall vest in the Chairperson (President), the Secretary and the Treasurer jointly.
10.3. No regulation made by the Association in a General Meeting shall invalidate any prior act of the Executive Committee which would have been valid if such regulation had not been made.
10.4. The Members for the time being of the Executive Committee, may act notwithstanding any vacancy in their constitution.
10.5. The Executive Committee is authorised to consult and seek the advice of any Associate Member of the Association with the aim of improving the welfare or condition of both its members and the Association itself.
10.6. The Executive Committee is authorised to appoint External Advisory Committees to support it in its role.
11.1. The Chairperson (President) shall be elected at the AGM. The Chairperson (President) shall undertake such functions in respect of the Association as the Executive Committee may determine from time to time.
11.2. The Chairperson will preside at all Executive Committee meetings and General Meetings of the Association.
11.3. The Executive Committee will also elect/appoint from among its members a Deputy Chairperson (Vice-President) and may determine for what period he/she/they is/are to hold office. The Deputy Chairperson (Vice-President) will preside on the Executive Committee with full powers in the absence of the Chairperson (President).
11.4. The Chairperson (President) and Deputy Chairperson (Vice-President) shall undertake such functions in respect of the Association as the Executive Committee may determine from time to time according to their relevant competences.
11.5. In the absence of both the Chairperson (President) and the Deputy, and provided a quorum is available, the Executive Committee will have the power to appoint a substitute/s to conduct the meetings.
11.6. The Executive Committee may remove any Deputy Chairperson (Vice-President) in which case he/she shall remain a Member of the Committee.
11.7. No remuneration (except by way of reimbursement of out-of-pocket expenses, if any) shall be paid to any member of the Executive Committee in respect of their office.
12.1. The Secretary shall be elected at the AGM. The Secretary will be responsible for all the secretarial and administrative work of the Executive Committee.
12.2. The Executive Committee may elect/appoint from among its members an Assistant Secretary to assist the Secretary as necessary. Any Secretary so appointed by the Executive Committee may also be removed by it, in which case however he/she/they shall remain a member of the Executive Committee.
12.3. The Secretary and his/her/their assistant shall undertake such functions in respect of the Association as the Executive Committee may determine from time to time.
12.4. No remuneration (except by way of reimbursement of out-of-pocket expenses, if any) shall be paid to any member of the Executive Committee in respect of his/her/their office.
13.1. The Treasurer shall be elected at the AGM. The Treasurer will be responsible for all the Financial and Accounting work of the Executive Committee.
13.2. The Executive Committee may elect/appoint from among its members an Assistant Treasurer to assist the Treasurer. Any Assistant Treasurer so appointed by the Executive Committee may also be removed by it, in which case however he/she/they shall remain a member of the Executive Committee.
13.3. The Treasurer and his/her/their Assistant shall undertake such functions in respect of the Association as the Executive Committee determines from time to time.
13.4. No remuneration (except by way of reimbursement of out-of-pocket expenses, if any) shall be paid to the Treasurer or his/her assistant in respect of his/her/their office.
DISQUALIFICATION OF MEMBERS OF THE EXECUTIVE COMMITTEE
14. The office of an Official Member of the Committee shall be vacated:
14.1. If he/she/they cease/s to be a member of the Association.
14.2. If by notice in writing to the Association, he/she/they resign/s his/her/their office.
14.3. If he/she/they is/are removed from office by a resolution duly passed pursuant to Clause 15.1 of this Statute.
SUSPENSION OF MEMBERS OF THE EXECUTIVE COMMITTEE
15.1. The Association, may, by a resolution taken at an EGM, remove any Member of the Executive Committee before the expiration of his/her/their period of office if he/she/they is/are guilty of repetitive disruption of meetings, hinders the function of the Association or breaks the confidentiality and trust of other Members.
15.2. The Association may by the same or another resolution appoint another Member in his/her/their stead. The person so appointed shall retain his/her/their office for the remaining period as that of the Member in whose place he/she/they is/are appointed had they not been removed.
PROCEEDINGS OF THE EXECUTIVE COMMITTEE
16.1. Subject as hereinafter provided, the Executive Committee may meet for the dispatch of business, adjourn and otherwise regulate its meetings as it thinks fit. The Executive Committee shall meet at least once every two (2) months. Such a meeting may also be called by the Chairperson (President) or by two-thirds (2/3) of its members.
16.2. The quorum necessary for the transaction of the business of the Executive Committee shall be 50%+1 of the number of members on the Executive Committee provided that if no quorum is present within half an hour from the time appointed for the meeting, provided three (3) members are present, the meeting shall proceed accordingly.
16.3. Matters decided at any meeting of the Executive Committee shall be decided by a simple majority of votes. In case of an equality of votes, the Chairperson of the meeting shall ask for a re-vote. In the event of an equality of votes on the revote, the Chairperson of the meeting shall have a casting vote.
16.4. On the request of the Chairperson (President) or his/her/their Deputy (Vice-President) the Secretary shall, at any time, summon a meeting of the Executive Committee by notice (stating the time and place of such meeting) served upon the several members of the Executive Committee giving a notice of at least five (5) working days. Any accidental failure to give such notice to any member of the Committee entitled thereto shall not invalidate any of the proceedings of such meeting so long as a quorum is present there at.
16.5. A meeting of the Executive Committee at which a quorum is present shall be competent to exercise all the authorities, powers and discretion by or under the regulations of the Association for the time being vested in the Executive Committee generally.
16.6. The Executive Committee may delegate any of its powers to sub-committees consisting of member/s of the Executive Committee, of the Association or other persons as it thinks fit. Any sub-committee so formed shall, in the exercise of the powers so delegated, conform to any regulations imposed on it by the Executive Committee.
16.6.1. The members of any sub-committee meeting shall appoint one of its members to chair the meeting and another to take the minutes.
16.7. The Executive Committee shall require the taking of proper minutes of the following:
16.7.1. all appointment of officers and proceedings of meetings made by the Executive Committee; and
16.7.2. of the proceedings of all meeting of any sub-committee.
16.8. All business transacted at such meetings, and any such minutes of any meeting, if purporting to be signed by the Chairperson (President) and Secretary of such meeting, or by the Chairperson (President) and Secretary of the next succeeding meeting, shall be sufficient evidence without any further proof of the facts therein stated.
17.1. Each member shall keep the Secretary informed of that Member's private address, email address or of some other address at which communications may be addressed to him/her/them.
17.2. The Association shall keep a register of members at the Registered Office Address (provided in Article 2).
ALTERATION OF STATUTE
18.1. This Statute may be revoked, added to or altered by a vote of at least two-thirds (2/3) of all the registered Members of the Association who are entitled to vote at a General Meeting of the Association. Such revocation or amendment can only become effective during a General Meeting of the association.
18.2. At least two (2) weeks’ notice of such must be duly given to all voting members of the General Meeting during which such amendment is due to be discussed; specifying the intention to propose the revocation, addition or alteration to the Statute, together with full particulars thereof.
19.1. In the event of the dissolution, the Association shall pass a resolution of its intention to dissolve during a General Meeting. In this case, the provisions of sub-article 19.2 shall apply.
19.2. A majority comprising seventy-five per cent (75%) of all the registered Members present are entitled to vote for or against such dissolution.
19.3. In the event of dissolution, the Executive Committee shall engage the auditor of the Association to draw up final accounts of the Association and take immediate steps to settle any debts, and dispose of the monies and property remaining as determined by the General Meeting;
19.3.1. Any remaining funds and/or property shall be donated to a voluntary non-profit making organisation or a charitable institution chosen by the outgoing Executive Committee.
18.104.22.168. After the Accounts have been duly audited, all payments settled and donations made as aforesaid, the Executive Committee shall convene at an EGM whereby the Association is dissolved and shall inform the Commissioner of Voluntary Organisations, the Registrar of Persons and all related
authorities in Malta of such dissolution.
20.1. Other meetings of the Association may be summoned by the Executive Committee, and shall be so summoned immediately upon a request in writing signed by at least ten per cent (10%) of the Members.
20.2. If for any reason, the whole Committee fails to meet for a period exceeding six (6) months, then any member of the Association is authorised to convene an EGM during which fresh elections for a Committee are made. If less than three (3) members offer themselves for election, a Committee of less than three (3) 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 three (3), then the said member/s of the Committee should appoint an Administrator.