Example of how to draft a Constitutional Act (part III)

A Charter Act is a legal document in which a group of persons legally expresses the statutes under which their company or institution will operate. In it must be collected all legal aspects, in order to be carried and introduced to a Registry, where it will be given the legal character that any association requires to make legal or commercial procedures.


It must comply with certain formats, such as being written on paper or sealed, according to the requirements of each nation, as well as going in letter times new roman, number 12, however you must consult your lawyer about it.

It is also important to remember that odd leaves are made up of thirty lines, while pairs by thirty. It is also important not to leave blank spaces between lines or at the end of them, so these must be filled or filled with dots or dashes (…. or —-) what is known as shielding or sealing a document.

After you have placed the title of your Act, as well as the first constituent clauses, which are regularly six or seven (see the following links: Examples of how to draft a Constitutional Act (Part I) as well as in Example of How to draft an Act Constitutive (part II) will come to the formation of the General Assembly of Associates, which is the highest authority of the association.

This section will set out who makes up this assembly, when, how and where they meet, how they make the association’s decisions. This section is preceded by a subtitle, which must be centered and shielded, as follows:

———-THE GENERAL ASSEMBLY OF ASSOCIATES———-

———————————————————————

After this will come the corresponding clauses, let us imagine that it is the number seven that corresponds to the first of this section. In this sense, immediately after the shield line, your writing should begin. Place your clause number in letters, uppercase, underlined, followed by a dot and hyphen. Here’s what should be in each of the statutes in this section:

(a) Seventh Clause (which will be the first in this paragraph) will conceptualize what is the General Assembly of Associates, as well as to specify how decisions are taken. An example of wording for this statute may be the following:

SEVENTH CLAUSE- The General Assembly of Associates legally convened and constituted, represents the highest authority of the Foundation and its agreements and resolutions are mandatory for all associates. The Assembly may be convened by the press or by personal private written manner to each of the partners. Resolutions and agreements are taken by a simple majority of votes from the assistant associates. Each associate represents a vote and it is personal and non-transferable.——–

b) The following clause, retaining the format explained above for entering each clause, shall specify how and by which means the assembly should be convened. For example:

EIGHT CLAUSE- The General Assembly of Associates shall be convened five (5) days in advance and shall be considered validly constituted when half plus one of the associates is present. If it doesn´t obtain a quorum for the first call, a second Assembly shall be summoned within a period of no more than seven (7) days, which shall be deemed to be validly constituted regardless of the number of attendees.—————

(c) The subsequent statute, also written in the format intended for clauses, shall outline how often this Assembly shall meet, as well as its functions, an example of the wording that this type of statute may have is as follows:

NINTH CLAUSE- The ordinary General Assembly meets once a year, within the first three (3) months of each year, with the following powers: A) To examine and consider the approval of the Reports, Accounts and Balance sheets submitted by the Board of Directors. B) Designate the persons to be the Board of Directors. C) Know and approve the plans and budgets for the following annual financial year. D) Exercise any other powers within its jurisdiction, in accordance with the Law and this document ——————————————————————————————————.

(d) For its part, the following clause, which will also be respected in the format, will define when a meeting of the Special General Assembly is necessary. An example of how the corresponding statute could be drafted would be the following:

TENTH CLAUSE.- The Extraordinary General Assembly meets whenever the Interest of the Foundation so requires, upon convocation of the Board of Directors or when requested by at least a quarter of the associates. The call must clearly state the subject matter of deliberation or resolution.——————————————————

(e) Lastly, in the appropriate format, a clause shall be allocated to detail where and how the conclusions originated at the General Assembly meeting should be recorded in writing. An example of how this can be written may be as follows:

FIRST TENTH CLAUSE.- From the General Assemblies, whether ordinary or extraordinary, minutes will be drawn up to be recorded in the respective Book and signed by the attendees.————————————————————————————————-

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Example of how to draft a Constitutional Act (part III)
Source: Education  
August 25, 2019


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