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Law 5/2017, Of 29 March, The Creation Of The Group Of Former Trustees And Former General Directors (Gesco)

Original Language Title: Llei 5/2017, del 29 de març, de creació del Grup d’Ex Síndics i Ex Consellers Generals (GESCO)

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CGL20170413_10_14_42 Law 5/2017, of 29 March, the creation of the Group of former Trustees and former General Directors (GESCO) Law 5/2017, of 29 March, the creation of the Group of former Trustees and former General Directors (GESCO) since the General Council at its session of 29 March 2017 has approved the following: law 5/2017 , 29 March, the creation of the Group of former Trustees and former General Directors (GESCO) preamble at the suggestion of the European and international institutions, and at the proposal of Audit Office, was to promote the creation of the Association of former Trustees and former General Directors (hereinafter AESCO) and their subsequent insertion within those organizations that bring together the former parliamentarians of different countries that make up the Council of Europe.
Since their formal creation, on March 12, 2003, the date of the general Assembly Constitutes, the AESCO has developed a laudable task within its jurisdiction, having demonstrated his restraint, prudence and austerity, in order to contribute to the common good in the noble art of making policy towards our Earth and its people.
The unselfish collaboration of AESCO in social events for more than ten years of existence with the General Council, the following parliamentary groups and other entities, and the desire to take advantage of the experience of those ex-Trustees and former General Directors, make it become necessary by law that provides a legal framework specific to the entity as this exceeds the scope of the law of associations.
For all the above the General Council approves the present law of creation of the Group of former Trustees and former General Directors (hereinafter GESCO) which shall be governed in accordance with the following: Article 1. Creating authorises the creation of a group of former Trustees and former General Directors (GESCO) as an institutional entity of public utility and general interest, with its own legal personality.
Article 2. Object the object of the GESCO is the promotion and the defense of democratic values, the Andorran Catalan language and culture. Under this perspective, will develop the links of solidarity between its members, social and cultural activities corresponding to the corporate purpose and will establish links with foreign groups of the same Cairo, and in particular with those of neighbouring States.
Article 3. Operation The GESCO is governed by this law and by its statutes that are the standard of organization and operation.
Article 4. Composition The GESCO is composed by all individuals, that they adhere on a voluntary basis, who have held the post of Syndic General, Vice-president or member of the General in a past time relatively to the membership. The statutes define the status of full members and observer members.
Article 5. Corporate bodies the internal organization of the GESCO must be democratic and will have the following governing bodies, without prejudice to the articles in may foresee other: 5.1.-the Board of Directors The GESCO is run by a Board of Directors composed of seven members elected by the General Assembly for a term of two years in a vote by a simple majority of the members present and represented by the right to vote.
The functions of a member of the Board of Directors are free of charge, without prejudice to be able to be reimbursed for expenses per the benefit of the US and duly accredited.
5.2.-the Presidency The GESCO appoints a President who takes care of the daily management, convenes and presides over the meetings of the Board of Directors and in the order of the day and convenes and presides over the General Assembly and in the order of the day.
5.3.-the General Assembly the General Assembly is the meeting of all its members. Each full member has a voice and a vote, the observers have voice but do not have the right to vote.
Skills, decision making, the quorum, the deliberations, the ordinary and extraordinary sessions, are set forth in the bylaws.
Article 6. Powers The GESCO will have all the powers that are defined in its statutes and allow the attainment of its object.
Without prejudice to those, the GESCO may issue a non-binding report, always in demand for two-thirds of the directors in General, through the Board of Presidents, on issues that are in parliamentary procedure to the General Council. In particular, you can ask for the report on those matters that were legislades and treated so thorough in previous legislatures, when the experience of ex-directors can enrich the parliamentary debate of the moment.
In this case, the GESCO will be issuing its report a maximum of fifteen (15) working days of receipt of the request by the General Council.
Article 7. Financing The GESCO is financed through the annual social fee that each member contributes, all according to the provisions of the statutes.
However, the GESCO will be able to receive public subsidies, even though according to the criteria, obligations and procedures established in the law of associations.
Article 8. Disciplinary statutes have to define serious offences and minor offences as well as the sanctions and the applicable sanctioning procedure.
Article 9. Modification of the statutes The modification of the statutes must be approved by the General Assembly convened to this end in a vote of an absolute majority of present and represented.
The General Assembly shall be convened by the Chairman at the request of the Board of directors or one-tenth of the full members. In the latter case the demand of itself to the Board of Directors shall specify the amendments on which we will have to pronounce the Assembly.
Article 10. Dissolution and liquidation The GESCO will dissolve by resolution of the extraordinary General Assembly convened to this effect in a vote by an absolute majority of the full members present and represented, by subtracting a number of less than three members or a firm judicial decision.
Agreed the dissolution, the Board of directors or persons designated by the judicial authority constitutes liquidation Commission.
The liquidation Commission shall proceed with the operations of liquidation in accordance with the provisions of the statutes.
Once the liquidation has been completed, the social heritage or the excess liquid will be transferred to the General Council.
Article 11. Obligations The GESCO is subject to administrative, fiscal, accounting and tax obligations that the legislation set up.
First transitional provision

The GESCO has a period of two (2) months of the entry into force of the present law, to approve its statutes.
Once approved, the articles of association must be published in the official bulletin of the Principality of Andorra.
Second transitional provision the Board of Directors of AESCO is acting up to the holding of the first General Assembly of the GESCO.
The statutes of the AESCO remain in force until the approval of the statutes of the GESCO.
The AESCO will have to be dissolved, according to the procedure established in its bylaws, no later than 30 working days of the approval of the statutes of the GESCO by the General Assembly.
In the order of the day of the dissolution, will include the acceptance of AESCO partners to be automatically integrated into the GESCO, without prejudice to be able to separate them if they see fit as well as the automatic transfer of the remaining assets of AESCO to GESCO.
The GESCO will do everything necessary in order to report this change, in the shorter maturities, to all public and/or private bodies, institutions, both national and international.
Final provision this law comes into force the day after its publication in the official bulletin of the Principality of Andorra.
Casa de la Vall, 29 March 2017 Vicenç Mateu Zamora Syndic General Us the co-princes the sancionem and promulguem and let's get the publication in the official bulletin of the Principality of Andorra.
François Hollande Joan Enric Vives Sicília and President of the French Republic and the Bishop of Urgell Co-prince of Andorra Co-prince of Andorra