STATUTES OF THE NATIONAL ASSOCIATION OF WELCOMING CITIES AND TERRITORIES
Article 1 - Constitution - Duration - Name :
An association governed by the law of 1 July 1901 and the decree of 16 August 1901, called "National Association of Welcoming Cities and Territories" and identified by its acronym ANVITA, is formed for an unlimited period of time between the members of these statutes.
Its headquarters are located in Paris; it may be transferred to any other place, even to another city, by simple decision of the Board of Directors.
Article 2 - Purpose and missions :
The purpose of this association is :
The constitution of a place for pooling and exchanging practices between elected representatives working on a daily basis for fairer reception policies, at national and local level.
It may be a member of international networks working towards the same objectives.
This association aims to bring together a plurality of actors in the territories, with the exception of those who advocate racism and hatred of the other. The association promotes hospitality as a source of inclusive policies for access to employment, training, housing, education, health, culture, social cohesion and individual emancipation. This must also be based on specific approaches targeting migrants, whether they are refugees, asylum seekers or any other person in a precarious situation.
The association's aim is to call on the State to assume its responsibilities.
The objectives of the association are
- To bring together elected representatives of the majority and opposition parties as well as the services confronted with the problems of receiving migrants in our territories.
- To share practices and knowledge in the field of reception and integration, applied to each local public policy.
- Supporting elected representatives wishing to welcome migrants to their territory, by providing them with good practices and by putting them in touch with elected representatives wishing to welcome migrants.
- Mobilise elected representatives around the issues linked to current migration policies.
- Set up national coordination to bring together migrants, associations, citizens' groups, lawyers and researchers involved in the issue of reception with elected representatives.
- Establish a framework for dialogue with the State to build a national reception strategy.
- To counter attacks on ethics and fundamental rights and to support, accompany, promote and organise actions in support of migrants in their great diversity (in various fields: legal, media, political, etc.).
The association prohibits all discrimination, ensures that this principle is respected and guarantees freedom of conscience for each of its members.
Article 3 - Members :
The association is composed of :
- active members, with voting rights,
- associate members, with consultative vote,
- honorary members, with consultative vote.
a) Active members
Active members are local authorities (municipalities, departments, regions, etc.) and groupings of authorities (such as EPCIs, including metropolises, EPTs, etc.) (legal entities) and elected representatives (individuals) who have adhered to the present statutes and undertaken to pay an annual subscription.
b) Associate members
These are elected representatives, former members of the association who are no longer able to join the association due to the loss of their mandate and who, in accordance with the aims pursued by the association, provide their assistance or support.
Associate members may be consulted in an advisory capacity, in particular on major strategic orientations. They are informed of the activities of the association and its development.
Associate members are invited to participate in the General Assemblies in an advisory capacity and pay the minimum individual membership fee.
c) Honorary members
An honorary member is any individual who has supported the development of the association's project by his or her particular action and who has been recognised as such by the association's Board of Directors.
The quality of honorary member is awarded by the Board of Directors and communicated to the General Assembly. Honorary members are exempt from paying membership fees.
Article 4 - Acquisition of membership :
The association is composed of members who have undertaken to pay the annual subscription. To become a member of the association, it is necessary to subscribe to a membership form, to sign the association's charter, and to be approved by the Board of Directors, which has the broadest powers to accept or refuse any application. Its decisions are not motivated and are final. For local authorities and Public Establishments of Intercommunity Cooperation and any other form of public administration grouping together local authorities (legal entities), membership will only become definitive on receipt of a copy of the minutes of the deliberation of the local authority validating the membership, the amount of the subscription, the acceptance of the charter and appointing its representative.
The Board of Directors of the association keeps an up-to-date list of the members of the association, their status and their mandate. It verifies that the members continue to fulfil the conditions necessary to maintain their membership.
Article 5 - Loss of membership :
The following shall lose their membership:
5.1 - members who have notified their resignation by letter addressed to the Chairman of the Board of Directors;
5.2 - members who have been found to have failed to pay their membership fees;
5.3 - members who no longer fulfil the essential conditions for membership, such as loss of an elective mandate, respect for the values of the charter or for any other serious reason or act tending to
to damage the association, its reputation, its credibility or its independence;
5.4 - legal entities whose governance has been changed by an election so that the new policy no longer respects the values of the charter; or whose disappearance, for whatever reason, and in particular dissolution
5.4 - legal entities whose governance has been changed by an election so that the new policy no longer respects the values of the charter; or whose disappearance, for whatever reason, and in particular dissolution, merger and liquidation, has been declared.
In the event of a dispute, the interested parties may be heard, in order to provide explanations in accordance with the principle of adversarial proceedings, by duly authorised representatives of the Board of Directors.
The loss of membership shall take effect, for the application of the cases referred to in Article 5.2, on the date on which the Board of Directors takes a decision, and for the cases referred to in Article 5.3, on the date on which the Board of Directors takes cognizance of the event causing the loss of membership. The specific processes and cases
may be specified in the internal regulations.
Article 6 - Resources :
The resources of the association are made up of :
- Members' subscriptions,
- subsidies from the State, local authorities and public establishments, private partners,
- interest and income from goods and securities belonging to the association,
- income from services provided by the association,
- donations and legacies,
- and more generally, all other resources authorised by law in accordance with its objectives and values.
Article 7 - Membership fees :
The amount of membership fees is proposed for each coming year by the Board of Directors and adopted by the General Assembly.
The membership fee indicated in the internal regulations is payable by all members in the month of their registration and
thereafter each year.
Article 8 - Accounting :
Accounts shall be kept for the recording of all financial operations, in accordance with the general chart of accounts, subject to the adaptations provided for associations.
A profit and loss account, a balance sheet and an appendix must be drawn up for each accounting period.
Article 9 - Ordinary General Assembly
The Ordinary General Assembly includes all active members who have paid their membership fees, as well as associate members and honorary members. It shall take place at least once a year, on the date fixed by the Board of Directors, upon convocation by the Presidency, the Co-Presidency or the Board of Directors by individual notice in a simple letter or by any appropriate means sent within 15 days before the Assembly. It may also be convened at the request of
of at least one quarter of the active members of the association or by the auditor.
The agenda and the venue shall be indicated on the notice of meeting.
Members unable to attend the Assembly may be represented by another member of the association by means of a written proxy.
No one may hold more than two proxies. The mandate given for a Meeting shall be valid for the Meeting convened with the same agenda. Meetings shall be chaired by the president or co-president of the association.
Active members participate in the General Assembly with voting rights. Associate members and honorary members participate in an advisory capacity. Decisions are taken by a simple majority of the members present or represented. Voting by electronic means is possible. The deliberations of the General Assembly shall be recorded in minutes drawn up by the Secretary of the Board of Directors and signed by him/her and by the Presidency and/or the Co-Presidency, which shall be circulated to the members.
The Ordinary General Assembly :
- decides in a sovereign capacity on all questions relating to the functioning of the association and examines all points which do not fall within the competence of the Board of Directors,
- gives all authorisations to the Board of Directors and the Bureau to carry out all operations
within the scope of the association's purpose,
- provides for the renewal of the members of the Board of Directors (dismissals, appointments),
- hears and approves the reports on the management of the Board of Directors, and in particular on the moral and financial situation of the association,
- decides on the accounts for the financial year,
- authorises affiliation to any union of associations,
- authorises participation in any legally constituted entity,
- validates the amount of the annual membership fee,
- gives discharge to the Board of Directors for its management,
- validates all modifications to the internal regulations.
Article 10 - Extraordinary General Assembly
If necessary, or at the request of half plus one of the members, the Presidency, the Co-Presidency or the Board of Directors may convene an Extraordinary General Assembly by individual notice by simple letter or by any appropriate means sent within 15 days before the Assembly.
The Extraordinary General Assembly includes all active members who have paid their membership fees, as well as associate members and honorary members. The agenda and the venue are indicated on the invitation. Members who are unable to attend the Assembly may be represented by another member of the association by means of a proxy.
of the association by means of a written proxy. No one may hold more than two proxies. The mandate given for a Meeting shall be valid for the Meeting convened with the same agenda. The meetings are chaired by the president or co-president of the association.
Active members participate in the General Assembly with voting rights. Associate members and
Associate members and honorary members participate in an advisory capacity. Each active member has one vote.
Voting by electronic means is possible.
The deliberations of the General Assembly shall be recorded in minutes drawn up by the Secretary of the Board of Directors and signed by him.
The minutes are drawn up by the secretary of the Board of Directors and signed by him and by the President, and are distributed to the members.
The Extraordinary General Assembly is competent to
- Modify the statutes of the association
- To pronounce the dissolution or merger of the association, or its transformation into a structure of another legal form.
Article 11 - Board of Directors: composition - term of office
The association shall be administered by a Board composed of natural persons, who shall be appointed in their
who are appointed as such when they represent a legal entity.
The Board of Directors is composed of a maximum of 21 members and a minimum of 2.
The members of the Board of Directors are elected by the General Assembly. Any active member of the Board of Directors may be elected to the Board of Directors.
Any active member who is up to date with his or her membership fees is eligible to be elected to the Board of Directors.
All voters vote by secret ballot or not, by a majority of the members present or represented,
for all candidates who have previously submitted their candidacy.
Each legal entity member of the Board of Directors appoints a titular and possibly a substitute from the structure.
alternate from the structure. It may proceed to their replacement during the term of office.
The members of the Board of Directors are elected for a period of two years, renewable by thirds. The first two
The first two thirds shall be designated by drawing of lots. They may be re-elected.
In the event of a vacancy, the Board may provisionally replace its members. The final replacement shall be made at the General Assembly.
The final replacement shall be made at the next General Assembly.
In the event of a member's absence from more than three consecutive meetings of the Board of Directors, not justified in writing and for valid reasons, the Board of Directors may appoint a replacement.
justified in writing and for valid reasons, this member may be dismissed by the Board of Directors.
The functions of the elected directors also cease by :
- Loss of membership of the association.
- Resignation or death.
Article 12 - Meetings, functioning of the Board of Directors
The Board of Directors shall meet each time it is necessary upon convocation by the President or the Co-President or at the request of a quarter of its members. The meeting shall be convened by individual notice by simple letter or by any appropriate means.
When the Board of Directors meets at the initiative of one quarter of its members, they may demand the inclusion on the agenda of matters of their choice.
The number of proxies held by one person is limited to one.
Decisions are taken by an absolute majority of the members present or represented. In the event of a tie, the chairperson of the meeting shall have the casting vote. Voting by dematerialised means is possible.
External persons who are not members of the association may be invited to the meetings of the Board of Directors.
The coordination of the association attends the Board of Directors in an advisory capacity. Internal regulations may specify and complete the operating procedures of the Board of Directors.
Article 13 - Powers of the Board of Directors
The Board of Directors shall be vested with the broadest powers to act on behalf of the association and to carry out all acts and operations which are not reserved to the General Meetings. In particular
a) It shall elect from among its members a Bureau whose management it shall supervise and whose actions it shall be accountable for.
b) It shall define the policy and general guidelines of the association and ensure their implementation.
c) It shall adopt the budget and monitor its implementation, and shall determine the amount and terms of payment of members' subscriptions.
payment of members' subscriptions.
d) It approves the annual activity report drawn up by the Director.
e) It shall approve the accounts for the financial year, decide on the convocation of the general meetings and
set the agenda.
f) It shall decide on the admission or exclusion of members.
g) It establishes and modifies the internal regulations of the association.
h) It may grant a director any delegation of powers for a specific mission.
i) It may transfer the registered office of the association to any place.
j) It shall decide on the acquisition and disposal of all movable property and objects, and shall have
(j) It shall decide on the acquisition and disposal of all movable property and objects, and shall arrange for repairs, works and fittings to be carried out; it shall buy and sell all securities and assets,
k) It shall lease and acquire any building necessary for the realisation of the object of the association,
k) It shall lease and acquire any building necessary for the realisation of the object of the association, grant all leases and mortgages on the buildings of the association, sell or exchange the said buildings, carry out all
exchange of the said buildings, make all loans and grant all guarantees.
l) It shall decide on the procedures for the recruitment and dismissal of the association's staff, the appointment and dismissal of the
appointment and dismissal of the co-ordination, and specifies the nature of the co-ordination's functions, its remuneration and the
coordination, its remuneration and the scope of its powers
m) It shall propose to the General Assembly the appointment of the statutory and alternate auditors.
n) It shall authorise acts and commitments exceeding the powers of the Presidency.
Article 14 - Bureau
A Bureau shall be elected for a period of two years by the Administrative Council at the first meeting following the elections. This meeting shall be held within a maximum of 3 weeks after the election of the new Board. The members of the Bureau may be re-elected.
It is composed of :
- A president.
- A co-chairperson
- A secretary and possibly an assistant secretary.
- A treasurer and possibly an assistant treasurer.
- Six Vice-Presidents
In general, and in compliance with the legal framework, the Bureau shall aim to achieve gender parity.
Article 15 - Role of the President
He/she shall chair all meetings, convene the Board of Directors, set the agenda and chair its meetings, convene the meetings by decision of the Board of Directors, set their agenda and chair their meeting.
He/she is the authorising officer for the association's expenditure.
He/she must enjoy his/her civil rights.
The President represents the association in all acts of civil life and is invested with all powers to this effect. In particular, he/she is entitled to take legal action on behalf of the association. Except in emergencies, he/she may only act as plaintiff with the agreement of the Board of Directors; he/she may only be replaced in court by a member of the Board of Directors acting under a special proxy.
He/she may share his/her duties with a co-chairperson.
Article 16 - Role of the Vice-Presidents
The Vice-Presidents shall chair the various committees.
Article 17 - Role of the Secretary
The Secretary shall draw up, or have drawn up under his/her supervision, the minutes of the meetings and deliberations of the Administrative Council and of the General Assemblies.
of the Administrative Council and the General Assemblies.
He/she may be assisted by the Assistant Secretary.
Article 18 - Role of the Treasurer
The Treasurer is in charge of the management of the association's assets. The Treasurer shall draw up, or have drawn up under his/her supervision, the annual accounts of the Association. He/she shall proceed or
He/she shall draw up, or have drawn up under his/her supervision, a financial report which he/she shall present together with the annual accounts to the ordinary general meeting. He/she may, under the control of the President, proceed to the payment of expenses and the collection of receipts. He/she manages, or has managed under his/her control, the reserve fund and the treasury under the conditions determined by the Board of Directors.
He/she may be assisted by the Deputy Treasurer.
Article 19 - Reimbursement of expenses and liability
The members of the association may not receive any remuneration for the functions entrusted to them. The functions of members of the Bureau and the Board are free of charge. The expenses they incur in the exercise of their mandate shall be reimbursed to them under conditions fixed by the General Assembly. They are only responsible for the execution of their mandate and do not incur any personal obligations in connection with their management.
for their management.
Article 20 - Coordinator of the association
The coordinator of the association is placed under the authority of the Presidency, the Co-Presidency and the Board of Directors to whom he/she reports regularly.
He/she directs all the activities of the association and takes all the decisions necessary for its proper functioning within the framework of the written delegation of authority established and modifiable by the Board of Directors.
Board of Directors. This delegation of power may be specified in the internal regulations.
He/she shall attend meetings of the Bureau, the Board of Directors and the General Assemblies in an advisory capacity.
General Assemblies. He/she shall propose all ideas and actions in accordance with the general guidelines set by the General Assembly.
Article 21 - Auditor
If necessary, the Ordinary General Assembly may appoint either an auditor chosen from among the members of the association, but outside the Board of Directors, or, in accordance with the legal obligations in this area, a titular auditor and a deputy auditor, registered on the list of auditors of the Compagnie Régionale des commissaires aux comptes.
The controller or auditor shall draw up and present, each year, to the general meeting called upon to rule on the accounts for the financial year ended, a report giving an account of its mission and certifying the regularity and sincerity of the accounts examined.
The auditor shall be convened to the meetings of the Board of Directors during which the annual or interim accounts are examined or closed and to the general meeting which approves the annual accounts.
He may also be called to any other general meeting.
Article 22 - Internal regulations
Rules of procedure may be drawn up and amended by the Board of Directors in order to specify and complete, if necessary, the present provisions not provided for by the statutes, in particular those relating to the internal administration of the association. It shall be submitted to the General Assembly for approval.
Article 23 - Dissolution
In the event of dissolution pronounced by the Extraordinary General Assembly under the conditions provided for in Article 10 and not resulting from a merger, one or more liquidators shall be appointed by the latter and the assets, if any, shall be devolved to an association with similar aims, in accordance with the law.
The present statutes are approved by the Extraordinary General Assembly held on 8 March 2021.