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Order Of 15 September 2008 On The Model Of The Statutes Of Agricultural Mutual Funds

Original Language Title: Arrêté du 15 septembre 2008 relatif au modèle des statuts des caisses de mutualité sociale agricole

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French Official Gazette No. 0224 of 25 September 2008

page 14868 text n ° 32

Order of 15 September 2008 on the model statutes crates of agricultural mutual NOR
:
AGRF0822211A ELI: https://www.legifrance.gouv.fr/eli/arrete/2008/9/ 15 / AGRF0822211A / jo / text

The Minister of Agriculture and Fisheries,
Given the Rural Code, particularly Article L. 723-2, Articles R. 723-1 to R. 723-3, R. 723-24, R. 723-106 to R. 723-111 and R. 726 -1 to R. 726-3,
Stop:


Article 1
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The statutes of departmental funds or pluridépartementales of agricultural mutual adopted by their general meeting, which is subject to approval under the conditions laid down in Articles L. 723-2, R. 723-2 to R. 723-3 and R . 723-24 of the rural code, include at least the mandatory provisions of statutes model annexed by adapting the choice of differentiated formula for departmental funds (first formula) and for pluridépartementales funds (second formula).

Article 2
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The statutes of the central fund of agricultural mutual reproduce the provisions of the Articles of model annexed adapting them as needed.


Article 3 More about this article ...

The provisions of the Decree of 21 February 2002 on the model statutes of agricultural mutual funds are repealed.


Article 4 More about this article ...

The director of financial, logistical and social affairs is responsible for the implementation of this Order, which will be published in the Official Journal of the French Republic.
Appendix


ANNEX


STATUTES OF THE MUTUAL FUND SOCIAL AGRICULTURAL OR DEPARTMENTS ...
The general meeting of the Agricultural Mutual Assistance Association, meeting in ...... on. ....., stop the following content of the articles of the body of the agricultural mutual or departments

TITLE I ESTABLISHMENT aND PURPOSE oF tHE fUND Article 1

mandatory provision | || the body of the agricultural mutual ...... or departments is made in accordance with Articles L. 723-1 and L. 723-2 of the rural code.
It is governed by Articles 1027 and 1085 of the General Tax Code as well as the laws and regulations applicable to social protection schemes for nationals of agricultural occupations.
Under these provisions, these statutes are intended to supplement and clarify the operation of the organization rules. Article 2


Mandatory provision The duration of the fund is set at ninety-nine years from the date of establishment of the body.
The financial year coincides with the calendar year. Article 3


Mandatory provision The division of a credit union or the departments ......
The headquarters of the body of the agricultural mutual or departments .. .... is set at ...... It may be transferred to any other place in the riding of the fund after amending the statutes proposed by the Board of Directors. Article 4


The mandatory provision of agricultural mutual fund or the departments ......, responsible for the interests of its agricultural nationals as regards social protection, is to:
1.D'assurer accordance with the laws and regulations managing social protection schemes for nationals of agricultural occupations, namely:
a) compulsory social insurance of the employees in agricultural occupations;
B) Insurance for agricultural employees against industrial accidents and occupational diseases;
C) Compulsory insurance against sickness, maternity and disability-employed persons in agricultural and related professions, as the direct insurer and as an agent of the tasks defined in Article L. 731 -32 of the rural code;
D) Old-age insurance, the mandatory supplementary pension insurance and widowhood insurance for self-employed agricultural and related occupations people;
E) Insurance of non-agricultural workers against occupational accidents and occupational diseases;
F) Family benefits for employees and self-employed persons in agricultural occupations;
G) Preventive medicine in agriculture;
H) To implement the health.
2. To promote, facilitate and manage the health and welfare.
3
. To participate in all institutions contributing to the social protection of citizens of the agricultural system and create, develop works; establishments or institutions to improve the health and social condition or to participate in their creation or development.
4. Directly manage works, establishments or institutions to improve the health and social status.
5.D'assurer partial management activities directly or complementary relationship with the management of social protection schemes for agricultural nationals.
6. Contribute to health and social development of rural territories.

Optional Clause 7. To contribute to ensuring continuing vocational training as part of lifelong learning.

TITLE II FINANCIAL STRUCTURE AND ORGANISATION Article 5


mandatory Disposition Proceeds from the fund of agricultural mutual or ...... departments include: || | - resources for financing the benefits and burdens of mandatory agricultural social insurance, insurance of agricultural employees against industrial accidents and occupational diseases, compulsory insurance "sickness, invalidity, maternity," the farmers, agricultural old-age insurance, insurance compulsory supplementary old age and widowhood insurance of agricultural self-employed, farm family benefit, preventive medicine and health at work, insurance non-agricultural workers against accidents and occupational diseases;
- Contributions used to fund social insurance plan management expenses, insurance of agricultural employees against industrial accidents and occupational diseases, health insurance operators, the age insurance, mandatory supplementary pension insurance and widowhood insurance of agricultural non-employees, family benefits, insurance against accidents and occupational diseases of self-employed persons in agriculture;
- Resources received from the Central Fund of agricultural mutual, under institutional funding Regulation, Regulation of the Solidarity Fund of agricultural crises and financing regulation of occupational health services for financing the management, health and social welfare, medical control and occupational health;
- Other resources for prevention and health and welfare;
- Resources received under the Old Age Solidarity Fund, the Solidarity Fund and invalidity of all other funds;
- The amounts paid by other organizations or structures Service payment or reimbursement of expenditure by cash Agricultural Mutual Assistance for the fulfillment of duties performed on their behalf or pursuant to Articles L. 723-7 L. 731-32, R. 731-111 and R. 731-112 of the rural code;
- The amount of delay penalties and penalties;
- Possibly, the rental income of premises belonging to the fund and leased to third parties;
- The product of all remedies;
- The interest and from investments;
- Grants, donations and legacies that the fund would receive. Article 6


Mandatory provision The expenses of the fund of agricultural mutual or ...... departments include:
- benefits and expenses provided for by the laws and regulations under mandatory agricultural social insurance, insurance of agricultural employees against industrial accidents and occupational diseases, compulsory insurance "sickness, invalidity, maternity," farmers, old-age insurance , mandatory supplementary pension insurance and insurance widowhood agricultural self-employed, farm family benefits, occupational health and preventive medicine, and insurance of agricultural non-employees against accidents and occupational diseases;
- Benefits paid under the solidarity fund old age, disability solidarity fund and other funds;
- The administrative costs;
- The medical control costs;
- Expenditure on prevention and health and social work;
- Advances paid to the Central Fund of Agricultural Mutual under the solidarity fund agricultural crises;
- Various expenses. TITLE III


BOARD Article 7


A mandatory provision. - First formula
The crate of agricultural mutual ...... the department is administered by a board of directors made pursuant to Article L. 723-29 of the Rural Code.
The Board of Directors may call punctually attend its meetings, exceptionally, on specific subjects, any qualified person he considers useful.
B. - Second formula
The crate of agricultural mutual whose constituency covers the departments of ...... ...... and is administered by a board of directors made pursuant to Article L. 723-30 of the rural code.
The Board of Directors may call punctually attend its meetings, exceptionally, on specific subjects, any qualified person he considers useful. Article 8


Mandatory provision The term of office of elected or appointed directors is set at five years.
Is renewable.
Is terminated automatically to the mandate of any elected or appointed who ceases to fulfill the requirements to be registered on the electoral lists of the agricultural mutual under the electoral college in which he was elected or appointed as well as in the cases mentioned in Article L. 723-21 of the rural code.
In case of serious misconduct of a director or in case of non-payment by a director of his contributions, it may be removed in the conditions for the application of Article L. 723-39 of the rural code.
It is provided for the vacancy of director seats for any reason whatsoever as provided by Articles R. 723-94 and R. 723-95 of the rural code. The Directors elected or appointed replacement is limited to the remaining term of office of the replaced Director. Article 9


Mandatory provision The office of member of the board are free.
However, members of the Board of Directors, on the occasion of the exercise of their mandate shall be reimbursed their travel and subsistence and may benefit from flat rates represent the time spent exercising their mandate, in the conditions for the application of Articles L. 723-37 and R. 723-103 of the rural code.
Members not employees of the Board activity may elect, in lieu of vacations, for a lump sum of replacement, an amount equal to that determined as provided under article L . 732-12 of the rural code.
Shall also reimburse employers with employee directors salaries maintained to enable them to perform their duties during working hours and social benefits and expenses related thereto. Article 10


Mandatory provision The Board through its deliberations the affairs of the union. It decides on all matters that fall outside of the inherent jurisdiction of the Director or the General Meeting as specified in Articles L. 122-1 of the Code of Social Security, L. 723-41, L. 723-46 and R. 723-106 of the rural code. The board has especially following powers given to him by the Rural Code and Article R. 121-1 of the Code of Social Security:
- it represents vis-à-vis third fund, and including governments, agricultural organizations, other social security agencies, health professions;
- It develops the statutes and rules of procedure and any proposals to amend the constitution and bylaws and submit it for approval to the General Meeting;
- He decided the accession of the fund to any association or economic interest group established pursuant to Article L. 723-5 of the Rural Code;
- He decided to membership of the fund to a union, a social economy union, an economic interest grouping or a real estate company referred to in Article L. 723-7 of the Rural Code ;
- Convenes the General Assembly and sets its agenda;
- He concluded any agreements with third parties except in matters within the powers of the Director for the operation of the organization;
- Shall appoint and dismiss the executive officers, the accounting officer, practitioners, consultants and doctors work and fixed working conditions and remuneration to the statutory provisions, regulations and agreements;

- To consent to the management staff delegations of powers necessary to ensure, within the framework of laws and regulations and under its control, the operation of the fund;
- It traces all general guidelines;
- Lay down the rules on financial investments of the Fund;
- He decided the acquisition, exchange, lease, construction, development, sale of all buildings in the regulatory conditions;
- He decides to borrow money to finance a cash investment;
- He decides the opening of all deposit accounts of funds or securities;
- It passes all markets;
- Except in regard to matters reserved by legislation or regulation, in particular Articles L. 122-1, R. 121-1 and R. 121-2 of the Social Security Code regarding the to the Director for the organization of legal representation and in all acts of civil life, it allows all judicial and represents the fund in any court, it deals, deals and compromises on all the interests of the fund;
- Designates or proposes its representatives in various commissions or committees established by a law or regulation;
- It delegates, substitutes and represents all attorneys, except in the areas below: adoption of budget projections for administrative, medical control, prevention and health and social work, proposals to departmental committee on social benefits agricultural, decisions regarding real estate transactions whose amount equals or exceeds the amount set in Article 28 of the public procurement code, appointment of the director and the accountant, demotion or dismissal of an executive officer of accounting officer, of a consulting practitioner or occupational physician;
- It is all attorneys for the implementation of its decisions relating to real estate transactions, the amount equals or exceeds the amount prescribed in Article 28 of the Public Procurement Code. Article 11


A mandatory provision. - First formula
Upon election by the General Meeting, Board of Directors meets immediately to elect the office, including at least:
- President;
- The first vice-president belonging to the component employed or self, different from the president;
- Two vice presidents representing the two colleges which is not the first vice president and a vice-chair of families.
The election of office by all the board members involved in a secret ballot by an absolute majority of votes in the first round and a relative majority in the second round.
To the extent they are not already members of the Bureau pursuant to the preceding paragraphs, the presidents of the Social Protection Committee on Agricultural non-employees, the Social Protection Committee for agricultural workers and Action Committee health and social participate fully in the deliberations of the office.
The President or, in his absence thereof, the first vice-president or, in his absence thereof, another vice president ensures the permanent representation of the Board in interval sessions thereof.
B. - Second formula
Upon election by the General Assembly, members of the board of the fund pluridépartementale meets immediately to elect the office that includes at least:
- President;
- The first vice-president belonging to the component employed or self, different from the president;
- Two vice presidents representing the two colleges which is not the first vice president and a vice-chair of families;
- The presidents of the county committees.
The election of office by all the board members involved in a secret ballot by an absolute majority of votes in the first round and a relative majority in the second round.
To the extent they are not already members of the Bureau pursuant to the preceding paragraphs, the presidents of the Social Protection Committee on Agricultural non-employees, the Social Protection Committee for agricultural workers and Action Committee health and social participate fully in the deliberations of the office.
The President or, in his absence thereof, the first vice-president or, in his absence thereof, another vice president ensures the permanent representation of the Board in interval sessions thereof.
Article 12


provision required a decision by the board of directors, the office may conduct a preliminary study of cases on the agenda of board meetings. In between meetings, it can ensure the enforcement of decisions of the Board.
The office may act on behalf of the Board in matters which are not reserved. Article 13


Mandatory provision The Board meets at least six times a year upon convocation at least ten days in advance by the Chairman or, in his absence celui- these, by the first Vice-President or in his absence thereof, a vice president of the fund, in the form of a simple letter. The convocation is mandatory if it is requested by the third of the directors or by all directors elected under one of three electoral colleges.
The summons states the agenda of the meeting appointed by the president. Any question whose inclusion has been requested by at least five directors must also be included in the agenda.
Only items on the agenda may be the subject of a decision of the Board. Article 14


Mandatory provision The deliberations of the Board are validly adopted provided that at least half of the directors are present.
The quorum is assessed at the beginning of each session whose agenda was anticipated that there would deliberation.
If the quorum is not reached, the board will convene another meeting on the same agenda and may validly deliberate regardless of the number of directors present.
The deliberations are taken by majority vote of members present. The chairman has the casting vote in case of a tie.
The secret vote is compulsory in elections and on all issues when requested by an administrator. In case of a tie in a vote by secret ballot, the question put to the vote is subject to a second secret vote during the council meeting; in case of another tie, this issue is not adopted and should be included on the agenda of the next meeting.
The members of the Board may not be represented at the meetings.
The directors and all persons to attend meetings of the Board are bound to secrecy in respect of information of a confidential nature and provided as such by the Chairman of the Board and the compliance with rules of professional secrecy. Breach of duty of discretion can engage their civil liability. Article 15


Mandatory provision The Board shall appoint, for each meeting, a secretary who may be taken outside of its members.
It is an attendance sheet for each meeting of the Board or any committee formed in her womb.
The deliberations are recorded in minutes signed by the Chairman or, in his absence thereof, the first vice-president or, in his absence thereof, a Vice President and by the secretary (or administrator) and chronologically connected or registered in a special register. Copies or extracts of these minutes to be produced in court or to a third party are certified by the President or the first Vice-President or a Vice-President or the Secretary. The rationale for the number and quality of the members of the board result, vis-à-vis third parties, the saying in the minutes of deliberation and the extract is issued, names of members present and those absent members.
When the result of the appointment of members of a committee or commission one class of directors (farmers, workers, labor employers or family representatives) there is not shown, one of the directors of that class can be called to attend in an advisory capacity in the work of this committee or that committee.

TITLE IV THE DIRECTOR (GENERAL) Article 16


Mandatory provision The operation of the fund and the implementation of decisions of the Board are provided by the director (general) under the control of the board.
The director has the powers entrusted to it by the Rural Code and Articles L. 122-1 and R. 122-3 of the Code of Social Security, including:

- It represents the cash in court and in all acts of civil life;
- He decides legal action in the areas mentioned in Article L. 122-1 of the Code of Social Security;
- Under the control of the Board, it performs with the accountant the financial and accounting operations of the fund, including committed expenditures, notes receivables and payables, emits levels of income and expenditure ;
- He only authority over the staff and sets the organization of work in services. As part of the provisions governing the staff it takes only any individual decision order that includes personnel management, including appointments to posts, carries out layoffs, rule advancement, maintain discipline within the limits of the powers expressly conferred the Board of Directors.
The Director may delegate, under its responsibility, part of his powers to certain cash agents.

TITLE V THE SOCIAL PROTECTION COMMITTEE OF EMPLOYEES AND NON-EMPLOYEES AND ACTION COMMITTEE HEALTH AND SOCIAL Article 17


The mandatory provision of social protection committee of employees agricultural consists in accordance with Article L. 723-31 of the rural code.
The Social Protection Committee on Agricultural non-employees is made according to the same article.
The health and welfare committee, under Article L. 726-1 of the Rural Code, is made in accordance with Article R. 726-3 of the Code. Its members are elected by an absolute majority of votes in the first round and a relative majority in the second round. Article 18


provision required each renewal of the Board, the Social Protection Committee of Agricultural Workers and the Social Protection Committee on Agricultural non-employees each elect their president by majority absolute voters in the first round and a relative majority in the second round.
Every year, the health and welfare committee elects its president by absolute majority of votes in the first round and a relative majority in the second round. Chaired alternately by an employee director and a non-employee director.
The decisions within the Social Protection Committee of agricultural workers, the Social Protection Committee on Agricultural non-employees and the health and welfare committee are taken by a majority of members present.
In each committee, the chairman has the casting vote in case of a tie.
In the absence of the Chairman, the Committee designates a chairman from the same college as the president. Article 19


Mandatory provision The President of the Board transmits to the President of each of the social protection committee or the chairman of the Health and Social Action committee for deliberation or for assent for simple opinion, the issues raised by the board or committees established within it in areas where the law provides that the opinion of these committees is required.
The Chairman of the Board, or the Director of the Fund, sends the chairman of the health and welfare committee grant applications that the committee is called to educate and loan files or assistance that is responsible for assigning.
The chairman of each committee, in conjunction with the Chairman of the Board or the Director of the body, convenes the committee and grabbed questions and requests mentioned above.
When a committee wishes to enter, at the request of one or more of its members, a matter of concern as defined in Article L. 723-35 or Articles L. 726-1 and R. 726-1 of the rural code, it forwards the request to the Chairman of the Board which included that item on the agenda of the next council meeting.
This referral is right if requested by at least five members.
The opinions of the committees are brought to the attention of the Board by the Committee Chairman. Article 20


Mandatory provision The opinions of the committees as well as instruction applications for grants by the health and welfare committee are recorded in minutes drawn up by a secretary of the meeting may be chosen from outside the members. These minutes are sent to the chairman of the board to be attached to the minutes of the deliberations of the Board relating to the corresponding questions.

The decisions taken by the Health and Social Action Committee are also recorded in the minutes forwarded to the chairman of the board which is responsible for the contact to the head of the regional department of labor inspection, employment and social agricultural policy.

TITLE VI LOCAL STRUCTURES AND DEPARTMENTAL

Local Chapter I Article 21 rungs


provision required the creation of local level is decided by the Board of administration. from local member functions are free.
The fixed board operating rules and composition of local levels: it determines their particular rules and the conditions in which the cantonal elected representatives of the agricultural mutual participate in the functioning of these levels which should not have to 'financial autonomy. There may involve all persons he deems useful for their action.
It decides on the reimbursement of travel and accommodation of delegates from the local level. Chapter II

The departmental committees (1) Article 22


Mandatory provision The constitution of departmental committees in departments and ...... ..... . pluridépartementale of cash ...... is decided by the Board of Directors, in accordance with Article L. 723-3 of the rural code.
Each county committee is composed of directors of the Fund, elected the department concerned, one member appointed by the Departmental Union of Family Associations and cantonal delegates the same department.
The cantonal delegates members of the departmental committees may be:
- is elected by the cantonal delegates of the department, members of the General Assembly, on terms agreed by the bodies of the boxes in respect of regulatory provisions each college;
- Be appointed by the Board of Directors:
- for employees, on a proposal from the employee component, in accordance with the results for the election of the Board;
- For non-employees, the proposal of the self-employed component;
- And eventual approval by the general meeting.
The Board of the Fund determines the distribution of cantonal delegates between colleges within each departmental committee ensuring the distribution rules between the colleges provided for the Board of Directors. Article 23


Mandatory provision The Board of Directors sets the operating rules and organization of departmental committees.
The Board shall appoint the chairman of each county committee from among the directors of the fund and arrange for replacement in case of absence or incapacity of the latter. Article 24


Mandatory provision The departmental committees act under the policy and guidelines set by the Board and perform the tasks entrusted to them by the Council under Article L. 723-3 of the rural code.
In particular, the departmental committees on delegation of the Board, participate in the animation of the network elected and can be consulted on individual applications for social contribution and individual aid for the health and welfare and all questions about the management of agricultural social protection schemes in the department and the health and social development of rural territories.
(1) Only for pluridépartementales funds.




TITLE VII GENERAL MEETINGS Article 25


Mandatory provision According to the provisions of Article L. 723-27 of the Rural Code, the general meeting of the agricultural mutual fund the departments ...... or is formed by the meeting of cantonal delegates of the agricultural mutual Assistance of the district, elected according to the provisions of Articles L. 723-15 et seq of the rural code.

Article 26 Mandatory provision

The functions of cantonal delegates are free. They are, however, paid their expenses for travel and living caused by their participation in the general assembly or operation of the local level and, when charged with a special mission of representation of the body, by decision of Board of Directors are reimbursed and compensated under the conditions defined for members of boards of directors. In accordance with Article R. 723-104 of the Rural Code, delegates to the general assembly who are employed are reimbursed against justification of the actual wages lost because of their participation in the meetings of the General Assembly . Article 27


Mandatory provision Under the laws and regulations, the General Assembly rules definitively on all the interests of the fund. She is in her riding, the representative body of the insured and their families regarding the agricultural systems of social protection. It exercises the duties provided for in Article R. 723-106 of the Rural Code. The deliberations of the General Assembly, together with all related documents, are carried by the chairman of the board to inform the central administration of the Agricultural Mutual Assistance Council and forwarded to Regional Manager of Inspection labor, employment and social agricultural policy. Article 28


Mandatory provision General meetings are ordinary or extraordinary.
The ordinary general assembly meets on decision of the Board whenever the interest of the body requires and at least once a year.
The General Assembly is convened by the Chairman of the Board or, in his absence thereof, by the first Vice-President or in his absence thereof, by a vice- President of the union, through a letter sent to the last known address of its members, at least two weeks in advance. The convocation includes the agenda set by the Board of Directors.
Decisions on changing the statutes and merger with one or more of agricultural mutual funds are taken extraordinary general meeting.
The extraordinary general meeting may be convened in the event of exceptional circumstances, by the President on recommendation of the Board, on request of a majority of cantonal delegates. The questions attached to the requisition must be included in the agenda of the extraordinary meeting. Article 29


Mandatory provision The General Assembly is chaired by the Chairman of the Board or, in his absence thereof, by the first vice-president or, in case of incapacity of the latter, by a Vice-President or any other director appointed by the president.
The president is assisted by three assessors appointed at a rate of an assessor for all delegates respectively from the 1st, 2nd and 3rd college.
The office appoints the secretary of the assembly, which can be chosen from outside the members thereof. Article 30


Mandatory provision The Ordinary General Meeting validly statue since a quarter of its members is present.
If the quorum is not reached, the General Assembly validly decides on second call, whatever the number of delegates present.
Each delegate this can hold only one mandate entrusted to him by another delegate from the same college.
The decisions of the ordinary general meetings are made by a majority vote of members present or represented. Article 31


Mandatory provision The extraordinary general meeting shall act validly since, simultaneously, half of its members and the quarter of the delegates from each of the three colleges are present or represented.
If, during the first call, the quorum of the previous paragraph is not reached, the General Meeting validly statue, on second call, since a quarter of its members are present or represented .
Decisions of extraordinary general meetings are made by a majority of votes cast by members present and represented.
Each delegate this can hold only one mandate entrusted to him by another delegate from the same college.

Article 32 Mandatory provision

It is established for each General Meeting, an attendance sheet signed by the attending members and certified by the members of the office.
The deliberations are recorded in the minutes whose content is determined by the President or, in his absence thereof, the first vice-president or, in his absence thereof, a vice president and the secretary (or administrator). The minutes are chronologically connected or registered in a special register. Article 33


Mandatory provision Upon the dissolution of the body, the General Meeting shall appoint one or more liquidators and determine their powers.
The net assets receives the allocation determined by the General Meeting in accordance with laws and regulations.

Article 34 Mandatory provision
These statutes are subject to a filing with the regional service of the labor inspectorate, employment and social agricultural policy. They are approved by the administrative authority as provided by Article R. 723-3 of the Rural Code.

Done in Paris on 15 September 2008.
For the Minister and by delegation:
The director of financial affairs
social and logistical
F. La Guéronnière