Examples of how to draft a Constitutional Act (Part VI)

It could be defined as constitutive Act to the document on which the statutes by which our company, institution or foundation will be governed (for profit or non-profit) will be based. 

This must be drafted and signed by a lawyer, as well as registered in a Register to obtain its legal validity, however it is important that as a member of some association you know the content and characteristics of the Act that you will sign for the constitution of this.

In this sense it is important to note that like any contract, a constituent act must respond to a specific format. It is stystyle that the document is written on office sheets or sealed papers, as well as it must be free of amends or scratches, the letter should usually be Times New Roman, number 12.

Also the odd pages must have thirty lines, while the pairs must be made up of thirty-four lines. There should also be no blank spaces between or at the end of the lines, so sites where there is nothing written must be filled with dots or hyphens (…. or —-) so that no one can write after our writing, this is called shielding the document.

Having placed the title of our document, as well as the constituent clauses (Examples of how to draft a Constitutional Act (part I) and Example of how to draft a Constitutive Act (Part II), those relating to the General Assembly of Associates (Example of how to draft a Constitutive Act (Part III) as well as the Board of Directors and the functions of each of its members (see also Examples of how to draft a Constitutive Act (Part IV) and Examples of How to Draft a Constitutive Act (Part V) will provide for then to close the Constitutional Act, in order to be able to register it, after the signature of a lawyer. To introduce this part of the Minutes, it is necessary to place a subtitle centered, in sustained capital letters and shielded, which reads the following:

———————–OTHER STATUTES———————–

Respecting the corresponding format for each clause, one (which is normally intended for the twenty-one, or twenty-two) should be placed where it is renewed by which laws its members shall be governed when the matter doesn´t appear in the Constitutive Act of the association in question. An example of writing for this case may be the following:

FIRST TWENTY CLAUSE- For everything not provided for in these Statutes, the usual rules regularly accepted for similar associations will apply, provided that there are no contradictions with the social purpose of the Esperanza Foundation.—––

The last clause of the Constitutive Act will be written immediately, which will write the names of the persons who will hold each of the positions of the Board of Directors, in order to leave in writing the constitution of the Board of Directors. It will also outline which members are appointed to register the Act with the relevant entities. An example of wording for this clause that will outwork your document is as follows:

TENTH SIXTH CLAUSE.- It was agreed to appoint to the Board of Directors of the first five (5) year period of the Pride Down Venezuela Foundation the following persons: Mary Kennedy, President; Josephine Galagan, Vice President; Karl Groenning, Treasurer; Martha Luthor, Secretary; Jeffery Smith Valero, Comptroller; Jeffery Smith Valero, Vocal 1; and Lenny Skinner, Vocal 2. President Mary Kennedy and/or the Vice-President, Josephine Galagan, are designated as the persons authorized to proceed to protocolize this document before the Deputy Office of the Respective Public Registry, compliance with all legal requirements. At the end of the meeting, this minutes were lifted, signed by all attendees as a sign of conformity.

_______ (Fdo), ________ (Fdo), ________ (Fdo), _________(Fdo) and _____ (Fdo). As of the date of your filing. I, Mary Kennedy, holder of the card number XXXXXXXXX, proceed ingthis in my capacity as a person authorized in the Constitutive Act of the Esperanza Foundation I comply in presenting the Statuary Act of the Alature, duly signed by the constituent partners and certify that it is A Faithful and Exact Copy that rests in the Book of Assembly Acts.

This way your document is ready for an attorney to review, as well as for all members to read and agree or not in the content of the document. Once revised, the lawyer must sign it, so that the designated members go to the Register corresponding to register the Constitutive Act. Once you have your record with the respective stamps, your foundation or institution is already legal in nature.

The designated member must then bring the Book of Foundation Proceedings to the same Register where he was registered, in order to proceed with the act of opening books. Having done this, the Secretary of the Foundation must transcribe the entire contents without any scratches or blank space in the acts book, where in addition each of the members must sign and place their footprint, in order for the Constitutive Act to rest in the book of Minutes.

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Examples of how to draft a Constitutional Act (Part VI)
Source: curiosities  
August 25, 2019

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