Consistent with the regulations of the articles 6 and 10 of the Law for organizing citizens into associations, social organizations, political organizations that are being founded on the territory of the SFRJ (Socialist Federative Republic of Yugoslavia) ("Official Gazette of the SFRY", No 42/90 and "Official Gazette of the FRY", No 28/96) Founding assembly of the citizen association Wikimedia Serbia and Montenegro, on the session held on ________ (date) in Belgrade passed
of citizen association Wikimedia Serbia and Montenegro
The citizen association Wikimedia Serbia and Montenegro (referred in the text of this document as "association") has the purpose of finding an answer to the problem of how knowledge can be finally free and therefore accessible for all human beings.
Goals of association and means for accomplishing these goals
Association is founded as a non-partisan, non-governmental and non-profit association of citizens, with the goal to support not-for-profit creation, the gathering and reproduction of free content, and to support the idea that all people have equal access to knowledge and education. According to the understanding of the Association, the term free content denotes every product that is licenced by its author in a fashion that allows everyone to freely use, reproduce and modify it.
Form of association and internal organization
Association Wikimedia Serbia and Montenegro is an association of citizens.
The Association has the status of a legal entity, and it performs its activities in accordance with the positive law of the State Union of Serbia and Montenegro, respecting the principles of public transparency and equal member rights.
For the purpose of gathering and reproduction of free content, the "wiki" software is taken as the most widespread, though not the only one. "Wiki" software is a computer program system available on the Internet which enables the users to view and modify the content, thus facilitating the creation of free content. The most significant example of the application of this principle is the online encyclopedia "Wikipedia", founded by Jimmy D. Wales and run by Wikimedia Foundation.
The Association will take the responsibilities of the local chapter of the Wikimedia Foundation (Wikimedia Foundation Inc. incorporated in Florida, USA). This does not compromise independence of the Association. Wikimedia Foundation acts as a patron organization for all national Wikimedia local chapters; it coordinates all activities in accordance with the purpose of the Association on the international level, and regulates the name Wikimedia, as well as the names of various international Wikimedia projects.
Purpose of the Association is to conduct the following activities:
- Manage a system on the Internet for creation, gathering and reproduction of free content, and manage and dispose of the assets marked for this purpose. Focus of interest is on several international Wikimedia projects.
- Reproduce and support the reproduction of the free content in digital, printed and other forms, with accent on content of international Wikimedia projects.
- Gather, publish and reproduce information, and do public relations, in connnection with free content, "wikis" and Wikimedia projects through events and informative literature.
- Deal with scientific, social, cultural and legal questions related to free content and "wiki", using opinions of experts, displays and stipend grants in the process.
The Association may assemble funds and allocate them to other associations, enterprises or public institutions, if these funds are to be used exclusively for the purposes above. Association may take part or have interest in such associations and enterprises, or be a member thereof.
The Association may engage only and exclusively in non-profitable activities.
Assets of the Association may be used only for the purposes defined by the Statute of the Association. Members of the Association do not and may not receive any benefit from the assets of the Association. No person may benefit through unnecessary expenses for promotion of the Associaton or through unproportionately large expenditures.
To accomplish its goals, the Association will conduct, among others, the following activities:
- Collect and process scientific and professional literature in the fields of information technology, information society, free content, library science, encyclopedia, journalism, as well as other fields included in the work on Wikimedia's international projects;
- Organize, alone or together with others, expert meetings, conferences, seminars and other forms of professional education in these fields;
- Publish books and other publications in the fields included in the work on accomplishing the Association goals;
- Organize the scientists and professionals to work on scientific, professional and research projects in the fields included in the work on accomplishing the Association goals;
- Collaborate with universities, professional associations and other organizations in the country and abroad, which are active in the fields included in the work on accomplishing the Association goals.
Name and seat
Association will conduct its actions under the name: Wikimedia Србије и Црне Горе (Wikimedia of Serbia and Montenegro); as well as under the name transcribed to Serbian Викимедија Србије и Црне Горе.
Association is seated in Belgrade.
Association conducts its actions on the territory of the State Union of Serbia and Montenegro.
Terms and ways of becamming a member and cessation of the membership, rights, obligations and responsibilities of the members
Membership in the Association is volontary.
Member of the Association may be any physical or legal person that accepts the goals of the Association and the Statute of the Association.
Membership may be regular, helping and honorary. Every physical person that want to work actively on projects of the Association may become the regular member. Every physical and legal person, that does not want to work actively, but wants to promote and support the activities of the Association may become the helping member. Through the resolution of the Assembly, the Association may elect honorary members.
Status of a member is being acquired by signing entry document that is ratified by the Assembly of the Association.
All members of the Association have equal rights and may elect other members into the institutions of the Association, and may be elected into the institutions of the Association.
Regular members are obliged to actively participate in the work of the Association.
All members are obliged to help the work of the Association in other ways as well: in public and through payingmembership fee prescribed by the Assembly of the Association.
All members have the right to:
- participate in the accomplishing of the goals of the Association, equalrighted with the other members of the Association;
- directly participate in decision making process in the Assembly, and via the institutions of the Association;
- be beforehand informed and completely informed about the work and the activities of the Association.
All members are obliged to comply with the Statute and other acts of the Association.
Membership in the Association cessate in the following circumstances:
- on personal request of the member of the Association, or
- by the resolution of the Assembly of the Association, or
- in other circumstances provided by the Law.
Institutions of the organization, their rights, obligations and responsibilities
Institutions of the Association are:
- Assembly of the Association
- President and the members of the Presidium
- Executive board
- Executive director
- Supervision board
- Regional boards
- Expert boards
Assembly of the Association
Assembly of the Association is the highest institution of the Association, and is consisted of all members of the Association.
Assembly sits when needed, and there is no less than one session per year.
Assembly elects the President and members of the Presidium with the five years long mandate.
Assembly of the Association is called to session by the President of the Association, or one tenth (1/10) of the regular members.
Affairs from the competence of the Assembly of the Association are:
- adoption of the Statute of the Association;
- electing and suspensing the President and members of the Presidium;
- adoption of the programe and other documents of the Association;
- election and suspension of the members of the Executive board;
- review and adoption of the financial and other accounts of the other institutions of the Association;
- adoption of the financial plan and adoption of the program of work;
- adoption of the Rules of procedure of the Assembly;
- adoption of the Rules of procedure of the Executive board;
- making the decisions about organizing regional and expert boards, and in case of need, terminating them;
- making decisions about awards and acknowledgements;
- founding permanent and temporary working bodies;
- conducting other affairs in accordance with the Law.
All members of the Asssembly of the Association have the same suffrage.
Sessions of the Assembly of the Association are public, and decisions are made by proportion of the present members defined in the Rules of procedure of the Assembly and at least by simple majority of the present members, and all in accordance with the Rules of procedure of the Assembly.
Number of the members present needed for legal decision making of the Assembly, and other details connected with the work of the Assembly of the Association are defined by the Rules of procedure of the Assembly.
Presidium is the administrative institution of the Association. Presidium follows the Rules of procedure of the Presidium of the Association, which is brought by the Assembly of the Association.
Presidium is consisted of the President of the Association and members of the Presidium.
The President of the Association has the following rights and duties:
- he deputize and represent the Associatin in relations with the third parties;
- he conducts other representative functions, entrusted to him by the Assembly of the Association and the Executive board of the Association.
- the President is both President of the Assembly of the Association, and the President of the Presidium of the Association.
The Presidium must have at least two members.
Members of the Presidium supstitute the President of the Association in case of his inability to conducts duties entrusted to him in the manner decided by the Assembly of the Association.
Members of the Presidium conduct other functions entrusted to them by the Assembly of the Association, the President of the Association or the Executive board of the Association.
Members of the Presidium of the Association may be members of the Executive board as well.
Executive board is the administrative and operative institution of the Association.
Executive board is consisted of at least five and at most eleven members. Members of the Executive board are the President and the members of the Presidium of the Association as well. Members of the Executive board are elected by the Assembly of the Association.
Session of the Executive board may called up by any member of the Executive board.
Executive board makes decisions by certain proportion of the present members, defined in the Rules of procedure of the Executive board and at least by majority of the present members, all in accordance with the Rules of procedure of the Executive board.
Mandate of the members of the Executive board lasts for four years.
Executive board conducts following affairs:
- executes decisions and other general acts of the Assembly of the Association;
- establishes propositions of the Statute, program of work, financial plan and closing bill (завршни рачун);
- prepares propositions of general acts and other decisions of the Assembly of the Association;
- brings executive decisions about projects that are not embraced in the yearly program of work;
- founds permanent and temporary working bodies;
- conducts other affairs entrusted by the Assembly of the Association or are placed under it's jurisdiction by other regulations.
Executive director guides the work of the Executive board of the Association. Mandate of the Executive director lasts for four years.
Supervision board controls financial affairs of the Association, as well as other activities of the Association and takes care about the legality of the work on the fulfilling the goals of the Association. About all noticed irregularities, without delay, Supervision board informs the Executive board and the Assembly of the Association.
Supervision board has at least three and at most seven members, elected by the Assembly. Mandate of the members of the Supervision board lasts for four years.
Supervision board submits account on each session of the annual Assembly.
Regional boards are organized in regional centers. Regional boards have at least two members apointed by the Assembly of the Association. Work of the Regional boards is guided by the presidents of the Regional boards, elected by the members of the appropriate Regional boards. Mandate of the presidents of the Regional boards lasts for four years.
Two or more Regional boards constitute the Council of the Regional boards, which is used for coordination among the Regional boards.
Expert boards are organized after the encyclopedic sections. Expert board is organized by at least two members, and is verified and dissmises by the Assembly of the Association. Work of the Expert boards is guided by the presidents of the Expert boards, elected by the members of the appropriate Expert boards. Mandate of the presidents and members of the Expert boards lasts for four years.
Deputation and representation
The President of the Association deputizes and represents the Association in legal affairs and has the rights and obligations of the financial order-giver (налогодавац).
Members of the Presidium of the Association are authorized to, in absence of the President of the Association, deputize the Association and sign all financial and money documents on behalf of the Association.
In accordance with the autorization given by the President of the Association, the Association is deputized by the Executive director of the Association as well.
Acquirement, usage and disposal of the assets
The Association is financed from:
- the membership fee from the members of the Association;
- volontary enclosures, donations and bequests of the domicile and foreign legal and physical persons;
- the budget and funds;
- other sources in accordance with the Law.
Assets of the Association are consisted of:
- money and papers of value;
- mobile and imobile property and property rights.
Decisions about incoms and outcoms are made by the Executive board of the Association in accordance with the financial plan and the program of work.
Manner of informing the public about work and the gaining and disposal of the assets
Work of all institutions of the Association is publicly transparent.
About postures, conclusions and decisions, members are informed via media and circular notices.
Every member of the Association has right to access the information about the work of the Association, and is obliged not to disclose publicly the information considered business secret.
Manner of making decisions about joining into alliances of the organizations and other forms of associations and joining international organizations
The Association may join federal and republic orgranizations in accordance with the positive Law regulagions.
Decision about joining in alliances in accordance with the former posture of this article is valid if it is brought by the Assembly of the Association.
The Association may join internationals organizations in accordance with the positive Law regulations, if this desicion is brought by the Assembly of the Association.
Joining international organizations is registered in the proper official institution, in the 30 days period, in accordance with the Law.
Maner of legislation of the changes and additions to the Statute
Changes and additions to this Statute are legislated by the identical procedure as legislation of the Statute itself.
Changes and additions of the Statute are nominated by the institutions of the Association or its members.
Manner of legislating the decision about terminating the organization
Cessation of the Association may occure in the following occurrences:
- based on the decision of the Assembly of the Association, brought by at least 80% of the present members of the Assembly of the Association;
- if number of members becomes lesser than the legaly prescribed minimum for the work of the Association of the citizens and in other occurrences prescribed by the Law.
Manner of disposing the assets in case of cessation of the work
In case of cessation of the work, decision about the assets of the Association is brought by the Assembly of the Association.
All mobile and immobile assets acquired by the Association in the course of its work is its property and may be used only in the function of fulfilling the program tasks and goals of the Association, in accordance with the decisions of the autorized institutions, and decision about partition (подела) of the assets in case of the cessation of the work of the Association is brought by the Assembly of the Association.
This Statute is operational (ступа на снагу) on the day of publishing in the Gazette of the SCG.
Public signs [marks] of the organization
In legal affairs, the Associatoin uses stamp (печат и штамбиљ) with information about the name and the seat of the Association.
Печат је округлог облика са текстом пуног назива Удружења по ободу печата, седиштем у дну и симболом Викимедије у средини. Симбол Викимедије је стилизована људска фигура.
Штамбиљ је правоугаоног облика са текстом назива Удружења са простором за упис броја предмета и датума завођења списа у деловодни протокол.
President of the Founding Assembly