A Constitutive Act can be defined as the legal document where all the statutes governing an association are governed, whether a company, institution or foundation.
This document must be written and signed by an attorney and registered in a Register for its validity, however it isn´t other than that as a founding member or associate knows what the content is and what the characteristics of this document are.
First, a Constitutive Act, like any contract, responds to a specific format. It should almost always be printed on paper or sealed paper (depending on the requirement of each country). You mustn´t submit any correction, amendment or strikethrough.
It must be written in Times New Roman, number 12. Even if odd pages must contain thirty-four lines, while pairs must have thirty lines. There should also be no blankspaces in the document, either between the lines or at the end of them, so points or hyphens should be used (…. or —–) to fill out all the site in the document.
Once you have written the title of the document, as well as its introduction (see: Examples of how to draft a Constitutive Act (part I); the constituent clauses (see also: Example of how to draft a Constitutive Act (part II); those concerning the Assembly); those concerning the Assembly; those concerning the Assembly Associates and those that point to the members and functions of the Board of Directors (more information in Example of how to draft a Constitutional Act (part III) and Examples of how to draft a Constitutive Act (Part IV).
It is then necessary that you open a section for each member of the Board of Directors, so that you number the functions they will have. These should appear in the order in which they were appointed in the section corresponding to the Board of Directors (e.g. Chairman, Vice-President, Treasurer, Controller, Secretary and two or more Members).
In this sense you should start by placing in a subtitle, centered, in sustained capital letters and shielded the name of the member whose functions you will describe next, which can be written as follows:
———OF THE PRESIDENT OF THE BOARD———-
You must immediately begin the drafting of the statute concerning this line. Normally the clause corresponding to the functions of the Chair is the fourteenth or tenth fifth of the document.
It is important to note that the format corresponding to the clauses must be respected, which indicates that each must begin with a subtitle where the number of the clause is detailed in letters, which must be in sustained capital letters and underlined. Likewise, account should be taken to be as specific as possible in terms of the functions of the Chair, as it would be as settled in the document as to govern his functions. An example of the wording that can be used to refer to the functions of this member may be the following:
FOURTEENTH CLAUSE.- The President has the following powers 1) To preside over the Ordinary and Extraordinary General Assemblies. 2) Represent the Association judicially or extrajudicially. 3) Grant general or special powers. 4) Open bank accounts on behalf of the Association and mobilize them in conjunction with the Treasurer. 5) Release, indenote, accept, protest, discount and cancel bills of exchange and any other commercial documents. 6) Appoint and remove the staff of the Association. 7) To enter into contracts on behalf of and on behalf of the Association———————————————
Once you conclude with this section, you will place the title of the following, corresponding to the next member, as follows:
—–THE VICEPRESIDENT OF THE BOARD of Directors——-
The functions corresponding to this member will be explained below, it is important to note that the format must be respected for each clause. An example of wording for this section may be the following:
Fifteenth Clause.– The Vice President has the following powers 1) Replace in his duties, if any, for incapacity or absence to the President of the Foundation. 2) To take charge, together with the comptroller, of the functions inherent in the annual comptroller’s process to be presented by the Foundation to each of the nation’s legal institutions. 3) Sign by the President if the absence of the latter has been decreed in the Extraordinary General Assembly. 4) Supervise the functions of the Controller and the Secretary. 5) Support the President in the functions of representation of the Foundation before the different media and institutions. Represent the Association judicially or extrajudicially.————————————————————————————————–
Similarly, once this clause is concluded, the subtitle corresponding to the functions section of the following member will be placed, which must also be centered, in sustained capital letters and shielded, as follows:
———–THE TREASURER OF THE DIRECTIVE————
Immediately, in compliance with the formats intended for clauses, the status corresponding to the functions of this member shall be written. An example of wording for this section may be the following:
Sixteenth Clause.- The treasurer has the following powers 1) Under the supervision of the Vice President, and with accountability to the President, the Treasurer has the task of ensuring the good, correct and productive management of the Foundation’s funds, in order to ensure that sustainability over time. 2) Open bank accounts on behalf of the Association and mobilize them together with the President, after signing both. 3) Release, indenote, accept, protest, discount and cancel bills of exchange and any other commercial documents with the President. 4) Keep up-to-date with the Foundation’s accounting. 5) Save and safeguard the Foundation’s ledgers.—————————————————-
A section will then be opened for the relevant member, in the same way as the previous ones:
———THE SECRETARY OF THE DIRECTIVE ———–
The corresponding clause, which must be formatted, and detailing the functions of this member, will be placed below, for example:
SEVENTH CLAUSE.- The Secretary has the following powers 1) Take note in the Book of Proceedings of the succeeded and concluded during the Ordinary and Extraordinary General Assemblies. 2) Safeguard and watch over the Book of Proceedings. 3) Accountathese of his duties to the Vice-President. —————————————————————————
The same procedure will henceforth be followed for each of the members who make up the Board of Directors of our institution, foundation or company.
Image source: wikipedia.org
August 25, 2019
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