APPROVED»
at the ІІ-nd Convention
of the All-Ukrainian Public Organisation
Ukrainian Guild of Real Estate Agents
Protocol № 2
of 25 November 2006
STANDARD PROVISIONS
on the Local Centre of the Ukrainian Guild of Real Estate Agents
1. GENERAL PROVISIONS
1.1. The members of the Ukrainian Guild of Real Estate Agents (hereinafter referred to as "Guild") join into Local Centres set up voluntarily by Guild members at the place of their residence or business, provided there are no less than three members.
1.2. In one city one Local Centre can be set up. A centre created in an Oblast Centre has the status of an Oblast one.
1.3. Local Centres function to provisions adopted by their governing bodies and approved by the Council of the Guild. The Provisions on the Local Centre shall not contradict the law of Ukraine in force, the Charter of the Guild, and these Standard Provisions.
1.4. A Local Centre can be legalised without concession of the status of a legal entity by notification on establishment in compliance with the law in force or by registering the Local Centre as a legal entity.
2. OBJECTIVE AND TASKS OF THE LOCAL CENTRE
2.1. The objective of setting up a Local Centre of the Guild (hereinafter referred to as "Local Centre") is promoting a civilised real estate market; and securing safe business conditions for all players of the real estate market in the given city (Oblast).
2.2. To achieve these objectives, the Local Centre performs the following tasks to procedures approved by the law in force:
- Promotes most favourable conditions in the given city (Oblast) for functioning of the real estate market; and developing an information and consultancy services market in the real estate business;
- Involves state, public, trade-union, and other organisations into integrated resolving of problems in the real estate market; and improving the forms and methods of operating in this market;
- Supports regulation and coordination of studies in real estate operations, in particular, related to management; appraisal; design; construction; the investment, trading and tax policy; mortgaging; insurance; privatisation; and exchange operations; as well as conducting public studies in the real estate market, and acquisition and processing of statistical and analytical information;
- Supports privatisation of real estate;
- Supports setting up data retrieval systems in the real estate business;
- Secures timely information exchange between members of the given Local Centre, and between other involved structures;
- Promotes development and expansion of new technologies in the real estate business, including technologies of providing regulatory documents and software, and their adaptation to specific usage conditions;
- Works out samples of documents that govern relations between the subjects of the real estate market, and implements them in the practice of real estate agents in the given city (Oblast);
- Supports professional training of members of the Guild in the given centre, and its (their) partners;
- Promotes development of new methods and means of accounting, registration and statistics in real estate operations; and
- Works out and implements measures preventing unfair competition in the real estate market in the given city (Oblast); and disclosure of commercial secrets and violation of ethical norms.
2.3. To execute the key tasks, the Local Centre, as provided for by Ukrainian law, the Charter of the Guild, and the Provisions on the given Local Centre, has the right to the following:
- To be a party to civil law relations, and acquire property and non-property rights;
- To represent and defend the Centre's legal rights and interests, and the legal right and interests of the members of the Guild in the given Local Centre before state administration and local government bodies, court and law enforcement agencies, and in organisations, institutions and enterprises;
- To support conceptually, organisationally and materially other public associations involved in the scope of activities of the given Local Centre;
- To obtain from local state administration bodies and local self-government bodies information required to achieve its objectives and execute tasks;
- To make proposals to local administration bodies on issues of regulating relations between subjects of the real estate market who operate within the scope of activity of the given Local Centre;
- To disseminate information and promote the Centre's concepts and objectives;
- To participate, via the governing bodies of the Guild, in public analysis of drafts of regulatory and legal acts, their regulatory impact on development of the real estate market, and to submit them for public discussion;
- To take measures in improving the quality of services delivered to subjects of the real estate market within the scope of activity of the given Local Centre;
- To participate in organising and holding symposiums, conferences, exhibitions, workshops, contests, and lectures for improving the expertise of professionals in the real estate business; and
- To take other actions based on the Charter of the Guild and Provisions on the given Local Centre.
3. RIGHTS AND OBLIGATIONS OF MEMBERS OF THE GUILD IN THE GIVEN LOCAL CENTRE
3.1. A member of the Guild in the given Local Centre has the following rights:
- To elect and be elected to elective bodies of the Local Centre;
- To grant the Local Centre the authority to represent and defend his/her rights and interests;
- To participate in Meetings and other statutory bodies of the Local Centre personally, or to delegate authority to other persons pursuant to the law in force;
- To participate in discussions on all issues related to the activity of the Local Centre;
- To make proposals and participate in discussions on proposals concerning the activity of the Local Centre;
- To receive advice and other assistance that can be extended by the Local Centre;
- To participate in projects and programs concluded within the scope of activities of the Local Centre;
- To receive information on the activities of the Guild and Local Centre.
3.2. A member of the Guild in the given Local Centre is obliged to the following:
- To participate actively in the activities of the Local Centre;
- To support the Local Centre in achieving its objectives and executing tasks provided for by the Charter Of the Guild and Provisions on the given Local Centre;
- To meet the requirements of the provisions on the given Local Centre;
- To meet ones obligations as per agreements concluded within the Guild, and to comply with the decisions of the governing bodies of the Guild and President's orders;
- To pay admission and membership fees in time;
- To comply with the Code of Ethics of the member of the Guild; and
- To promote the development and improvement of the activity of the given Local Centre, and to consolidate its prestige.
4. GENERAL MEETING OF THE LOCAL CENTRE
4.1. The supreme governing body of the Local Centre is the General Meeting. All members of the Local Centre shall participate in the General Meeting. The Council of the Local Centre calls the General Meeting no less than once a year by addressing or by any other procedure of informing the members of the Local Centre, which is approved by the General Meeting. The members of the Local Centre shall be informed of the calling and agenda of the General Meeting no later than in 15 days prior to holding the Meeting.
4.2. The Extraordinary General Meeting of the Local Centre is called on the initiative of the Council of the Local Centre, the Head of the Local Centre, the Audit Commission, or by demand of 1/4 of the members of the Guild in the given Local Centre.
4.3. The General Meeting of the Local Centre is deemed competent if the total number of attending members of the Local Centre or their representatives is no less than 2/3 of the number of members of the Guild in the given Local Centre.
4.4. All the resolutions of the General Meeting of the Local Centre are made by open vote and deemed adopted if voted by more than one-half of the call at the Meeting.
4.5. During voting, each individual and collective member of the Guild has one vote.
4.6. The competence of the General Meeting of the Local Centre covers the following:
4.6.1 Identifying and approving the lines of activity of the Local Centre with account of those of the Guild.
4.6.2 Electing the Council members of the Local Centre.
4.6.3 Electing the Head of the Local Centre.
4.6.4 Approving the annual budget, and the income and cost estimate of the Local Centre.
4.6.5 Approving the programs and projects of the Local Centre.
5. COUNCIL OF THE LOCAL CENTRE OF THE GUILD.
5.1. In the interim between the General Meetings, the governing body of the Local Centre shall be the Council of the Local Centre (hereinafter referred to as "Council"). It functions within the scope of business approved by the General Meeting. The Council is a body that manages and monitors the Local Centre.
5.2. The members of the Council of the Local Centre are elected at the General Meeting.
5.3. The Council is headed by the Head of the Local Centre who is elected according to the Provisions on the given Local Centre.
5.4. In Local Centres with a number of members more than sixty, the Council is elected as per the quota: one Council member per each twenty members of the Local Centre. In Local Centres with the number of members within 20 to 60, the Council is elected of three persons. If the number of members of the Local Centre is within twenty, a Council is not elected, and the Head of the Local Centre is elected at the General Meeting by a simple majority vote.
5.5. The Council meetings are called as necessary, though no less than once a quarter. The meetings are deemed competent if attended by no less than 2/3 of the number of members of the Council.
5.6. Council decisions are made by a simple majority vote of attending members by open vote. Each Council member has one vote. In the event of a split vote, the Head's vote shall be decisive.
5.7. Each Council member can delegate his right to participate in Council meetings to another member of the Local Centre in compliance with the law.
5.8. The authority of the Council of the Local Centre of the Guild covers the following:
5.8.1 According to the resolutions of the Guild, the Council works out the strategy and key lines of activity of the Local Centre, which are submitted for approval by the General Meeting of the members of the Guild in the given Local Centre.
5.8.2 According to the resolutions of the Meeting of the Guild, the Council works out the regional strategy and tactics of activities of the Local Centre.
5.8.3 Initiates projects and programs of the Guild and supports their implementation.
5.8.4 Submits the following for approval by the General Meeting of the Guild: the annual budget; the income and cost estimate of the Local Centre; the sum and procedure of receipt of admission and membership fees, and purpose and other contributions.
5.8.5 Calls the General Meeting of the Local Centre.
5.8.6 Works out and implements the current policy of the Local Centre.
5.8.7 Elaborates and implements routine plans of the Local Centre.
5.8.8 Monitors the financial and business activities of the Local Centre.
5.8.9 Drafts documents required for holding the General Meeting of the Local Centre.
5.8.10 Nominates a candidate for the position of Head of the Local Centre.
5.9. Council members receive no salary for their work in this body. Expenditures incurred by executing the statutory duties in the Council can be compensated for from the funds of the Local Centre by decision of the Council.
6. HEAD OF THE LOCAL CENTRE
6.1. The Head of the Local Centre is elected by the Council of the Local Centre. If a Council is absent, the General Meeting of the Local Centre elects the Head for a one-year term.
6.2. The Head of the Local Centre acts in the name of the Local Centre without proxy as provided for in the Charter of the Ukrainian Guild of Real Estate Agents, the Provisions on the given Local Centre, and the decisions of the Council.
6.3. The authority of the Head of the Local Centre covers the following:
6.3.1 Heads the Local Centre; is a member of the Council; heads the Council; calls meetings of the Council; and presides on General Meetings and meetings of the Council.
6.3.2 Plans and manages Council activities.
6.3.3 Represents the Local Centre in relations with state, public and other organisations.
6.3.4 In the name of the Local Centre, signs any documents pertaining to the activities of the Local Centre, including financial ones.
6.3.5 Monitors the activities of the Local Centre.
6.3.6 Calls extraordinary meetings of the Local Centre.
6.3.7 Nominates a candidate for the position of Executive Director.
6.3.8 Executes other functions required for effective management of the Local Centre.
7. EXECUTIVE DIRECTOR. EXECUTIVE MANAGEMENT
7.1. The Executive Management of the Local Centre can be established, if required, for managing day-to-day operations.
7.2. The number of and the persons in the Executive Management are determined by Council decision on presentation by the Executive Director.
7.3. The Executive Director heads the Executive Management. The Council or General Meeting approves the candidate for Executive Director on presentation by the Head of the Council. The Executive Director is discharged from office by decision of the Council.7.4. The Executive Director organises management of financial and business activities of the given Local Centre.
7.5. The Executive Director has the authority defined by the Provisions on the given Local Centre. The Head can delegate part of his authority to the Executive Director by proxy.
7.6. The Head of the Local Centre can execute the duties of the Executive Director.
7.7. The Executive Director and the Executive Management staff receive salaries as per the budget of the Local Centre.
8. AUDIT COMMISSION
8.1. The Audit Commission checks the statutory and financial activities of the Local Centre. The General Meeting of the Local Centre elects the Commission, made up of no less than three persons. The Audit Commission reports to the General Meeting of the Local Centre.
8.2. The Audit Commission of the Local Centre of the Guild is managed by the Head of the Audit Commission who is elected by the members of the Audit Commission among its members.
8.3. The Audit Commission of the Local Centre:
8.3.1 Reports to the General Meeting.
8.3.2 Checks the financial and business activities of the Local Centre, and checks the correctness of application and preservation of funds and material values. The Local Centre can attract independent auditing agencies (public accountants) for checking the financial activities. The auditing findings can serve as grounds for the work of the Audit Commission.
8.3.3 Receives pertinent documents and information from the staff of the Local Centre.
8.3.4 Based on audit findings, submits proposals to the General Meeting of the Local Centre.
8.3.5 Initiates calling of the Extraordinary General Meeting if there are violations in financial and business activities.
8.4. The members of the Audit Commission can participate in the meetings of other bodies of the Local Centre with a right of deliberative vote.
9. PROCEDURE OF APPLICATION OF FUNDS AND UTILISATION OF OTHER PROPERTY OF THE LOCAL CENTRE OF THE GUILD. REPORTING AND MONITORING
9.1. To pursue its activities, the Local Centre can own, dispose of, and utilise property, and apply funds.
9.2. The sources of funds and acquiring property of the Local Centre are as follows:
- admission and membership fees, and purpose contributions of members of the Guild in the given Local Centre, in monetary form or by gratis property transfer;
- donations of legal entities of Ukraine and other countries, citizens of Ukraine, foreign citizens and stateless persons; and
- other receipts provided for by the Law of Ukraine "On Associations of Citizens".
9.3. If the Local Centre is registered as a legal entity, membership fees are shared between the Local Centre and central administration of the Guild as 70:30.
9.4. In the event of legalisation of a Local Centre by notification, membership fees are paid to the central administration of the Guild.
9.5. The Local Centre independently establishes and controls the procedure of application of funds and disposal of property it owns.
9.6. The Local Centre can own material values, securities, buildings, structures, as well as other property and funds required for operation of the Local Centre.
9.7. The funds of the Local Centre are applied for executing the tasks of the Local Centre; allowance of the staff; logistical support of the Local Centre; and for other purposes in compliance with the law of Ukraine.
9.8. If a Local Centre is registered as a legal entity, the Local Centre maintains day-to-day and standard accounting, statistical reporting, registers with the State Tax Administration, and makes budget payments as provided for by the law of Ukraine.
9.9. The State monitors the activities of the Local Centre of the Guild via state agencies as provided for by the law of Ukraine.
10. SUSPENSION OF ACTIVITIES
10.1. The activities of the Local Centre can be suspended by resolution of the Convention of the Guild, or by a court ruling in cases provided for by the law of Ukraine.
10.2. The procedure of liquidation of the Local Centre shall comply with the law of Ukraine and the Charter of the Guild.
10.3. Funds and other property of the Local Centre, which are left over after the Local Centre has been liquidated, are transferred to the central administration of the Guild.
