Key Benefits:
The Minister of Agriculture and Fisheries,
Given the Rural Code, and in particular Article L. 723-5;
Given Decree No. 99-507 of 17 June 1999 Relating to the statutes and rules of procedure of the bodies of agricultural social mutuality;
Having regard to Decree No. 2000-814 of 28 August 2000 for the application of Article 1002-3 of the Rural Code,
Stop:
The statutes of the regional associations of agricultural social mutual societies adopted by their assembly Which are subject to administrative approval under the conditions laid down by Article L. 723-5 of the Rural Code and by the Decree of 17 June 1999 referred to above, contain at least the provisions of the model of statutes set out in Annex 1.
The statutes of federations of agricultural social mutual funds adopted by their general meeting, which are subject to Administrative approval under the conditions laid down by Article L. 723-5 of the Rural Code and by the Decree of 17 June 1999 referred to above shall contain at least the provisions of the model of statutes in Annex 2.
The Director of Operations, Social Policy and Employment shall be responsible for the execution of this Order, which shall be published in the Official Journal of the French Republic.
A N N E X E 1
STATUTS OF THE REGIONAL ASSOCIATION OF
MUTUALITY ORGANIZATIONS AGRICULTURAL OF ...
The general meeting of the regional association of agricultural social mutuality organisations meeting at
adopts it as follows the content of its statutes.
Article 1
Constitution. -Seat. -Duration
It is constituted, in accordance with Article L. 723-5 of the Rural Code, between the following agricultural social mutual societies
a regional association called
This association is Governed by the provisions of the Rural Code, the Social Security Code, the Act of 1 July 1901 and the texts adopted for their application, in particular the decrees of 14 December 1998 and 28 August 2000.
The head office is fixed at
Il Can be transferred, after changing the status of the board and decision of the general meeting.
The association is comprised for a period of 99 years.
Item 2
Object
The purpose of the association is to:
-to promote cooperation among elected representatives at the regional level and to organize and develop the reflection and expression of the regional positions of agricultural social mutuality in the field Social protection, on the activity of the organisations of MSA and the needs of its nationals;
-to ensure the representation of the common interests of the agricultural social mutuality among the various regional interlocutors, in particular In the field of health, as well as in any other field under the tasks entrusted to the agricultural social mutuality;
-to implement enhanced regional coordination in the field of health: risk management, prevention and Health-safety at work.
Article 3
General Assembly: composition
The general assembly of the association is composed of the member organizations represented:
-for the caisses Département, by a minimum of nine delegates, including the President, the first Vice-President and the chairmen of the social protection committees of employees and non-employees, appointed by their peers from among the members of the board of directors Having a deliberative vote, on the basis of 3 representatives of the 1st college, 4 of the second college and 2 of the third college to which one or more representatives of the families may be added;
-for the multi-party funds or the federations of funds Of MSA (1), by a minimum of 18 delegates, including the President, the first Vice-President and the Chairpersons of the Social Protection Committees of employees and non-employees, appointed by their peers from among the members of the Board of Directors having Deliberative, on the basis of 6 representatives of the 1st college, 8 of the second college and 4 of the 3rd college to which one or more representatives of the families may be added.
The director and the accounting officer of the association, the directors of the Member organizations, as well as the regional coordinating physician, attend general meetings.
Article 4
General Assembly: Terms of Reference-Operating
The Assembly In particular for missions:
-to adopt the statutes or to make any changes to them on a proposal from the board of directors;
-to decide on the dissolution of the association;
-to fix the details of the liquidation The association and appoint one or more liquidators;
-to make an annual decision on the management of the board of directors;
-to hear the report of the board of directors on its activity and its objectives and to approve it Report;
-to appoint, for a period of six years, a Commissioner of Accounts and his or her alternate and to rule on the report.
The General Assembly shall be chaired by the Chairman of the Board of Directors or, failing that, by the President of the Board of Directors. First Vice-Chairperson or any other director designated by the President.
It shall meet at least once a year upon convocation, including the agenda, addressed to the Chair at least fifteen days in advance by the Chair of the Board Or where the third party of the members of the Assembly so requests.
The latter shall not validly deliberate only on the matters referred to the meeting.
The General Assembly shall act validly as soon as A quarter of the members' delegates are present or represented, with each delegate present having only one mandate entrusted to him by another delegate from the same college. If that quorum is not attained, a new meeting of the same order of the day shall be sent within 15 days and the General Assembly may act without a quorum.
The decisions of the General Assembly shall be taken at Majority of the votes cast by the delegates of the Assembly, present or represented.
The Bureau of the General Assembly shall be composed of the President and two assessors chosen by the General Assembly from among its members. It shall designate a sitting secretary, who may be taken outside the members of the General Assembly.
It shall be established for each general meeting a attendance sheet.
The proceedings shall be recorded by the minutes signed by the Chair and Secretary of Sitting. Minutes are chronologically linked or entered on a special register.
Article 5
Board of Directors: composition
Association is administered by a Board of Directors At a minimum:
-for the departmental caisses, three representatives per caisse, including the President and the first Vice-Chair, designated by all members of the Board of Directors;
-for the caisses Multi-stakeholder or federations, of six representatives per organization, including the Chair and the first Vice-Chair, nominated by all members of the Board of
. One or more representatives of families.
The appointment of an equal number of alternate members shall also be made only in the absence of the full member.
The term of office of the members of the Board of Directors of The association is limited to the length of the mandate held in the organization they represent and ceases with the loss of the quality of the organization's director.
The director and the accounting officer of the association, the coordinating physician Regional, the directors of the member bodies and any person acting as an expert shall attend the meetings of the Board of Directors and of the committees or committees which have received delegation from it.
Article 6
Board of Directors: Terms of Reference
The Board of Directors regulates the affairs of the association through its deliberations. As such, the role of the board of directors is:
-to define the general orientations of the association in all areas within its competence and to determine the objectives to be achieved;
-to draw up the regulation Association;
-to prepare any proposals for amending the statutes submitted for approval by the general assembly;
-to adopt the means of the association, in particular through the establishment of an annual budget of Operating and a capital budget;
-deciding to conduct studies relating to the purpose of the association;
-to appoint, after the opinion of the steering committee, the director and the accounting officer of the association, and, after notice of the The National Medical Officer and on the proposal of the Director, the coordinating doctor of the association and, where appropriate, on the proposal of the Director after the opinion of the Steering Committee, the Senior Officer of Health and the Coordinator Occupational health and safety;
-to control the application by the Director and the accounting officer of the legislative and regulatory provisions applicable to the association and the execution of its own deliberations;
-to stop the order On the day of the general assembly;
-to appoint or propose its representatives to the various regional bodies.
The Board of Directors may designate an office, social protection committees for employees and employees within the regional bodies. Non-employees or commissions and delegate part of his or her duties. Administrators from member organizations can participate.
Article 7
Board of Directors: Operating
Members of the Board of Directors elect the President and a First vice-president belonging to the employee college if the president is from one of the two non-salaried colleges and vice versa. The election shall be held by secret ballot by an absolute majority of the voters in the first round and by a majority in respect of the second round.
The President or, in the event of his incapacity, the first Vice-President shall ensure the permanent representation of the The
of Directors shall meet at least twice a year upon convocation by its President addressed to all members in the form of a single letter at least ten days to The advance. The summons is mandatory as long as it is requested by at least one third of the directors.
Only the matters on the agenda may be the subject of a decision of the board of directors.
It is established for each Board of Directors meeting a attendance sheet.
The Board of Directors appoints, for each of its sessions, a secretary who can be taken outside of its members.
Board deliberations are taken Validly as soon as half of the directors are present.
If the quorum is not present, the Board of Directors shall be convened within ten days at a new meeting on the same agenda and may validly deliberate Regardless of the number of directors present.
The deliberations of the board of directors are taken by a majority of the votes cast. In the event of a tie, the Speaker's voice shall be paramount.
The proceedings of the Board of Directors shall be recorded by numbered and connected minutes signed by the Chair and the Secretary.
Article 8
Feature Free
Members of the General Assembly and the Board of Directors perform their duties free of charge. They shall, however, be reimbursed for their living and travelling expenses and may be entitled to compensation representative of the time spent in the exercise of their term of office under the same conditions as the directors of social mutual funds. Farm.
Item 9
Director. -Steering Committee
The Director of the Association shall be appointed by the Management Board after the opinion of the Governing Board. He or she may be assisted by a Senior Health Officer or in the absence of a Health Officer.
The Director ensures the operation of the Association and implements the decisions of the Board.
The Steering Committee of the Directors of the Member Organizations shall prepare, with the Director of the Association, the decisions to be submitted to the Board of Directors and shall issue any proposals and opinions on their implementation.
Assists the work of the steering committee, the association's accounting officer, the chief health officer, the regional coordinating physician, the occupational health and safety coordinator, and any other person whose skills
The steering committee meets as often as the circumstances require, including at the request of the director of the association. The meeting of the steering committee shall be of law if the majority of the members so request.
The Steering Committee shall prepare the work program and the budget of the association with the director of the association
The
Coordinator, designated by the Board of Directors of the Association, and a Occupational Health and Safety Coordinator are placed under the authority of the Director of the regional association.
Article 10
Means of the association
Member bodies shall make available to the association the means necessary for the conduct of the incoming actions In its object. These actions can also be carried out by the association's own resources.
The provision of resources by member organizations is organized by convention.
Article 11
Financial Arrangements
The social exercise is confusing with the calendar year. The first social year begins on the day of the final constitution of the association to end on December 31 of the same year.
The association receives a management allowance in the context of risk management. The expenses of the association not covered by the risk management allowance shall be financed by contributions from the member bodies at intervals and an amount fixed by the board of directors. The financial provisions shall be specified in the association's rules of procedure.
Any surplus or insufficiency noted at the end of the year shall be subject to regularisation, in cash, the following
. Expenditure shall be the subject of a provisional budget adopted each year by the board of directors of the association.
The accounts of the association shall make it possible to identify with precision all the elements of the burden-sharing between the two Member organizations.
Article 12
Dissolution. -Liquidation
The association may be dissolved in particular by a decision of early dissolution taken by the general meeting in accordance with the conditions laid down in Article 5 of this
. Results in liquidation. In such a case, the General Assembly shall designate one or more liquidators whose powers it shall determine.
At the end of the liquidation operation, the members of the association shall be held in general meetings in order to rule on the accounts, to give effect to Leave the liquidator and report the closing of the liquidation.
After dissolution, the balance of the assets is vested in the member caisses. In the event that the association's membership is a multi-party fund, the balance of the assets is vested in the multi-party credit union.
Article 13
Formalities. -Declarations
These statutes are the subject of a filing with the regional labour inspectorate, employment and agricultural social policy. They shall be approved by the administrative authority in accordance with the conditions laid down in Decree No. 99-507 of 17 June 1999 on the statutes and rules of procedure of farm social mutual societies.
A N N E X E 2
STATUTE OF FEDERATION OF
AGRICULTURAL MUTUAL MUTUALITY CAISSES ...
The general meeting of the
federation meeting at
stops the content of its statuses as follows.
Item 1st
Constitution. -Seat. -Duration
Between:
-the agricultural social insurance fund of
and
-the agricultural social insurance fund of
is constituted, in accordance with Article L. 723-5 of the Rural Code, by respective decisions Taken on
by the boards of directors of the caisses, an association called:
Federation
This federation is governed by the provisions of the Rural Code, the Social Security Code, the texts taken for their Application, in particular the decree of 28 August 2000, as well as the present statutes.
The head office is fixed at
It may be transferred, after amendment of the statutes on the proposal of the board of directors and decision of the assembly Extraordinary general.
This federation is constituted for a period of 99 years.
Item 2
Object
The purpose of the federation is:
-to promote, animate and manage by delegation All services and carry out all technical and management functions falling within the scope of the MSA funds;
-to represent the member caisses, by their mandate, before the public authorities, the Local authorities, professional organisations and in general in front of the partners and partners of the MSA;
-to carry out all studies, to prepare all projects, to formulate all opinions and suggestions, to proceed to all Information on all problems of general interest concerning the MSA;
-to ensure the exercise of the employer function as part of its membership of the FNEMSA for all the staff of the member caisses of the federation;
-to insure The partial management of activities in direct or complementary relationship with the public service mission.
Article 3
General Assembly. -Composition
The general meeting is composed of an equal number of directors of the member caisses.
The Director and the accounting officer of the federation have a consultative voice at the general meetings.
The President may invite to the General Assembly any person whose competence is deemed useful.
Article 4
General Assembly: functions-functioning
General meetings are
The General Assembly shall be presided over by the Chairman of the Board of Directors or, failing that, by the first Vice-Chairperson or by any other director designated by the President.
The President shall be assisted As many assessors as member caisses selected outside the board of directors of the Federation in such a way that the three colleges are represented. The office so appointed shall appoint a sitting secretary who may be taken away from the members of the general meeting.
It shall meet on a decision of the board of directors whenever the interest of the federation so requires and at least one On convocation by the President of the Board of Directors at least 15 days in advance, on convocation. It shall also be convened when at least one third of the members so request.
The General Assembly may not validly deliberate only on the matters referred to in the meeting
For mission:
-to decide annually on the management of the board of directors;
-to hear the report of the board of directors on its activity and objectives and to approve this report;
-to designate for a duration of Six exercises a Commissioner of the incumbent accounts and his deputy and decide on his report.
Decisions concerning the accession of other funds of agricultural social mutuality, the amendment of the statutes or the dissolution of the federation The
general assembly shall act validly as soon as a quarter of the members are present or represented, each member present who may hold only one term entrusted to him by another Member from the same college. If the quorum is not present, a new meeting with the same agenda shall be sent within 15 days and the General Assembly may then act without a quorum.
The extraordinary general meeting shall act validly When, at the same time, half the members and one quarter of the delegates of each of the three colleges are present or represented, each member present who may hold only one term entrusted to him by another member belonging to the same College. If the quorum is not present, a new meeting with the same agenda shall be sent within 15 days and the General Assembly may then decide that a quarter of the members shall be present or represented
General meetings shall be taken by a majority of the votes cast.
It shall be established for each general meeting a attendance sheet.
The proceedings shall be recorded by the minutes signed by the President of the Assembly General and the Secretary of Sitting. Minutes are chronologically linked or entered on a special register.
Article 5
Board of Directors: composition
The federation is governed by a board of directors. Composed in equal number of directors of each of the caisses, on the basis of 3 representatives of the 1st College, 4 of the 2nd College and 2 of the 3rd College. The President and the first Vice-President of each of the participating caisses are members of the law. The other directors are appointed, for each caisse, by their peers within each college. Two representatives of the families, from the representatives of the administrative families of the boards of directors of the member bodies, are appointed in such a way that the board of directors of the federation includes an employee representative and a Non-salaried representative.
The term of office of the members of the Board of Directors of the Federation and limited to the duration of the term of office held within the body they represent and ceases with the loss of the quality of the administrator of that body Lane.
Also, with a consultative vote 3 representatives of staff appointed by the Works Council or by the Central Business Committee in the case of separate establishments and taken up by 2 representatives of employees, and
The Director and Accounting Officer of the Federation and any person whose presence is deemed to be useful by the Board of Directors attend the meetings with a consultative vote
Article 6
Board of Directors: Terms of Reference
The Board of Directors of the Federation has all powers to carry out the tasks assigned to it. Application of Article 2 of these Statutes,
The role of the Board of Directors is to regulate the affairs of the Federation and the cases delegated to it by the participating funds, in particular:
-to guide And control the activity of the Federation by voting on the reports submitted to it by the Director;
-to monitor the application by the Director and the Accounting Officer of the legislative and regulatory provisions as well as The execution of its own deliberations;
-to adopt the means of the federation, in particular by voting for an operating budget and a capital budget;
-to draw up any proposals for amending the statutes submitted to the The General Assembly and the Rules of Procedure of the Federation;
-to appoint the Director and the Accounting Officer and the Chief Operating Officers and, on the proposal of the Director, to other management positions, and on proposals Joint of the Director and the Chief Medical Officer of the other Practitioner.
-to adopt the agenda of the General Assembly.
The Board of Directors may establish an office, committees or commissions and delegate it to them. Part of its duties.
Article 7
Board of Directors: operation
Members of the Board elect their President from the presidents of the caisses and a first Vice-president belonging to the employee college if the president is from one of the two non-salaried colleges and vice versa. The chairpersons of the member caisses who are not of the President or the first Vice-President of the Federation shall have the status of Associate Chair. The election shall be held by secret ballot by an absolute majority of the voters in the first round and the majority relative to the second round.
The President or, in the event of incapacity, the first Vice-President or a delegated President shall ensure the representation The
of Directors shall meet at least twice a year upon convocation by the Chair, addressed to all members in the form of a single letter at least ten days in advance. The convocation is mandatory as long as it is requested by at least one third of the members of the board of directors.
Only the matters on the agenda may be the subject of a decision of the board of
. Established for each session of the Board of Directors a attendance sheet.
The Board of Directors, for each of its meetings, designates a secretary who may be taken outside of its members.
Board deliberations Administration shall be validly taken as soon as half of the directors are present.
If the quorum is not present, the Board of Directors shall be convened within ten days at a new meeting on the same agenda And may validly deliberate regardless of the number of directors present.
The deliberations of the Board of Directors shall be taken by a majority of the votes cast. In the event of a tie, the Speaker's voice shall be paramount.
The proceedings of the Board of Directors shall be recorded by numbered and connected minutes signed by the Chair and the Secretary.
Article 8
Free of charge
Members of the General Assembly and the Board of Directors perform their functions free of charge. They shall, however, be reimbursed for their living and travelling expenses and may be entitled to compensation representative of the time spent in the exercise of their term of office under the same conditions as the directors of social mutual funds. Farm.
Article 9
Financial provisions
The social exercise is confusing with the calendar year. The first social year begins to run on the day of the final constitution of the federation to be determined on December 31 of the same year.
The expenses occasioned by the performance of the functions of the federation and the management of its Services are allocated between the member funds according to appropriate criteria determined by the rules of procedure.
The resources of the federation consist of management allocations, patronage dividends and financial
. Federation may receive grants, donations and bequests.
Revenues and expenses are the subject of an estimated budget adopted annually by the Federation's Board of Directors.
Article 10
Dissolution - Liquidation
The Federation may be dissolved, in particular by a decision of early dissolution taken by the Extraordinary General Assembly in accordance with the conditions laid down in Article 4 of this
. The federation results in liquidation. In this case, the General Assembly shall designate one or more liquidators whose powers it shall determine.
At the end of the liquidation operation, the members of the Federation shall be meeting in general assembly in order to rule on the accounts, to give effect to Exiting the liquidator and declaring the wind up.
After dissolution, the balance of the net assets is vested in the member caisses or the multi-party credit union.
Article 11
Formalities-Declaration
This is the subject of a filing with the Regional Labour Inspection, Employment and Social Policy Inspectorate. They are approved by the administrative authority in accordance with the conditions laid down by Decree No. 99-507 of 17 June 1999 on the statutes and rules of procedure of the institutions of agricultural social mutuality.
Done at Paris, February 21, 2002.
For the Minister and by delegation:
By preventing the Director of Operations,
from Social Policy and Employment :
The Social Welfare Assistant,
E. Rance
