STATUTE FOR RURAL POTABLE WATER COMMITTEE
TITLE I
Denomination
ARTICLE 1 A Community Organization of a Functional nature shall be established, without
non-profit, of indefinite duration, governed by Law No. 19.418,
October 9, 1995 called Rural Drinking Water Committee
…………………………………………....................................................
...................................................................................................................,
from the municipality of Coquimbo, province of Elqui, IV Region.
ARTICLE 2 The fundamental objective of this rural drinking water committee will be
manage, operate and maintain the drinking water service, built
by the Ministry of Public Works in the sector of
and delivered to the committee for the stated purposes, under the supervision of the
Planning and the agency that fulfills the mandate
subsidiarily this function, that is, the executing body.
In addition, the following will be the organization's objectives:
a) Distribute drinking water to the members, according to the capacity
Technique of potable water service and sanitary standards
current
b) Collect and safeguard the funds derived from exploitation
of the drinking water service, with the commitment to allocate them
exclusively to manage and maintain the same service, thus
as well as to create a fund for replenishment and expansion of
its facilities;
c) Prepare projects to solve social and cultural issues
for the community;
d) Agree with the municipality or another state agency or
non-governmental organizations the development, management,
financing and execution of projects;
e) Tend to obtain services, advice, equipment
and other means that the organization needs for the better
development of its activities, and
Promote and participate in training and development programs
for affiliates and leaders in matters relating to
organization, technical training and others that signify a
contribution to the solution of the cultural and social problem of the
community.
ARTICLE 3 The committee cannot pursue profit-making purposes under any circumstances, and has the
obligation to respect the religious and political freedom of its members,
any type of proselytizing action by the
committee on such matters.
ARTICLE 4 For all intents and purposes, the legal domicile of the organization is
…………………………………………………………………….,
Coquimbo Commune, IV Region.
TITLE II
OF THE PARTNERS
ARTICLE 5
ARTICLE 7 The only reasons for rejection of the registration will be:
a) Not being a resident of the Commune.
b) Be younger than 15 years of age.
c) Having committed infractions or criminal offenses.
ARTICLE 8 Affiliates will have the following rights:
a) To choose and to be chosen for representative positions of the
Organizations:
b) Participate in the Assemblies that take place, with the right to speak.
and vote. The vote will be personal and non-transferable and may only be
to exercise when I am up to date with the social fees
c) Present any initiative, project, or study purpose to
Directory. If this initiative is sponsored by ten percent
of the affiliates at least, the Board must submit it to the
consideration of the Assembly, for its approval or rejection.
d) To have access to the Minutes books, Accounting of the
Organization and Registration of affiliates.
e) To be attended by the leaders.
ARTICLE 9 Affiliates of the Organization have the following obligations:
a) To attend ordinary and extraordinary assemblies;
b) Pay your membership fees on time and comply with all the
obligations contracted with the Organization, or through it;
c) Comply with the agreements of the Ordinary Assemblies and
Extraordinary;
d) Serve in the positions for which they have been appointed and
collaborate on the tasks assigned to them;
e) Comply with the statutory provisions.
ARTICLE 10 They are grounds for exclusion of a partner:
a) The unjustified delay of more than six consecutive months in the
compliance with its financial obligations to the
Organization:
b) To assume representation of the Organization or Rights that he does not
pose
c) Misuse of Organization's assets;
d) Arriving in a state of intoxication
ARTICLE 11 The membership quality of the Organization ends:
a) Due to the loss of any of the enabling legal conditions for
to be a member of it;
b) For resignation;
c) By exclusion agreed upon in the Extraordinary General Assembly by the
two-thirds of the members present, based on serious infringement
of the rules of this Law, of the Bylaws or of their obligations
as a member of her;
d) By death.
ARTICLE 12 Once any of the measures outlined in Articles 9 and 10 have been agreed upon,
The Directory will proceed to cancel the registration in the members' registry.
TITLE III
OF THE ASSEMBLIES
ARTICLE 13 The assembly will be the Superior Resolutive body of the Organization and
will be composed of the meeting of all its affiliates, their
agreements bind both present and absent members, as long as
they would have been taken in the manner established by the Statutes and not
they were contrary to the Laws and Regulations. There will be assemblies
Ordinary and Extraordinary General Meetings, which must be held with
the quorum established by its statutes.
ARTICLE 14 The Assemblies Generals Ordinary himselfthey will celebrate
......................................................inside of
……………..………………………….of the corresponding month,
it may address any topic related to the interests of the
organization.
ARTICLE 15 The first Ordinary General Assembly of the year will be held in the month
of March, primarily aimed at considering the
compliance with the obligations outlined in Article 2, paragraph 1,
Letter a), b), and c) of this Statute. In the same Assembly, the Board
will report on the Administration corresponding to the previous year.
Likewise, the appointment of the Supervisory Commission will be carried out.
of Finance.
ARTICLE 16 The Ordinary General Assemblies will be called by the President and
the Secretary, or those who statutorily replace them.
ARTICLE 17 If for any reason an Ordinary General Assembly is not held
in the stipulated time, the Assembly to which you will be summoned later and which
it aims to know the same subjects, it will in any case, the
character of Ordinary General Assembly.
ARTICLE 18 Extraordinary Assemblies will be held when required by
needs of the Organization, these Statutes or Law No. 19.418. In
they will only be able to address and adapt agreements regarding the reasons
selected in the call.
ARTICLE 19 The summons to these Assemblies shall be made by the President, to
initiative of the Board, or at the request of at least 25%
from the affiliates with a minimum notice of five business days to the
date of its execution.
ARTICLE 20 In Extraordinary General Assembly, the following must be addressed
subjects.
a) The reform of the Statutes;
b) The acquisition, disposal, and encumbrance of real estate
that the Organization possesses;
c) The dissolution of the Organization;
d) The incorporation into a Communal Union or the withdrawal from it;
e) Determination of extraordinary fees;
f) The exclusion or reintegration of one or more members, whose
the determination must be made by secret ballot, as well.
the cessation in the position of leader due to censure, according to the provisions
in Letter (c) of article 11 and Letter (d) of Article 40 of the Law
No. 19,418;
g) The election of the first definitive Board of Directors;
h) The approval of the annual activity plan.
ARTICLE 21 Any call to a General Assembly will be made by posting
posters in visible places of the Organization; and of the addresses
registered members.
ARTICLE 22 The appointments must be made with a notice of 5 working days in advance.
the date of the assembly, indicating the type of assembly in question
trace the objectives, the date, the time, and the place where it will take place.
ARTICLE 23 The Ordinary General Assemblies will be held with the members who
decisions will be made by the majority of those present, except
that Law No. 19,418 or this statute require a special majority.
The agreements will bind both present and absent partners.
ARTICLE 24 The General assemblies will be presided over by the President of the
Organization and will act as Secretary whoever holds this position in the
directory, both will be replaced when appropriate, by the
alternate members.
ARTICLE 25 From the deliberations and agreements that take place in the assemblies
In general, it will be recorded in a minute book, which will be maintained
by the Secretary of the Organization.
Each record must contain at least;
a) Day, place and time of the assembly;
b) Name of the person who presided and of the other present Directors;
c) Number of attendees;
d) Subjects addressed;
e) An excerpt of the deliberations,
f) Agreements adopted.
ARTICLE 26 The Act will be signed by the President of the Organization, by the
Secretary and three assembly members appointed for that purpose in the same
Assembly.
TITLE IV
FROM THE DIRECTORY
AMENDMENT LAW 20500
ARTICLE 27 The Board will be composed of three regular members, elected by
a period of 3 years in a General Ordinary Assembly, being able to be
reelected.
ARTICLE 28 In the same Assembly, an equal number of members will be elected.
substitutes, who in the manner provided by Law No. 19,418,
they will replace the holders who are deceased, incapacitated
survivor, impossibility or another cause, could not continue in the
performance of their functions.
ARTICLE 29 To be a Leader of the Organization, it will be required:
a) Be at least 18 years old;
b) To have at least one year of affiliation as of the election date,
being registered in the members' book;
c) Being Chilean or a foreigner residing for more than three years in the
country
d) Not having been convicted, nor being prosecuted for a crime that
deserve punitive suffering;
e) Not being subject to disqualifications or incompatibilities that
establish the Political Constitution or the Laws;
f) Not being a member of the Electoral Commission of the Organization and
Finance Commission.
ARTICLE 30 In the Board elections, candidates may run as candidates the
affiliates who meet the requirements set forth in the previous article,
register at least ten days in advance of the date of the
election, before the electoral commission of the Organization.
Those who are elected as directors in the same vote,
obtain the highest majorities, corresponding to the position of
President, the positions of secretary and treasurer, and the others that
dispose of the Statutes; these being provided for by election among the
own members of the Board. In case of a tie, the prevailing will be the
antiquity in the functional Organization, and if it subsists,
A draw will be held among those tied.
ARTICLE 31 Only the affiliates who meet the requirement stated in section b) of the
Article 9 of these statutes shall have the right to vote.
ARTICLE 32 The Board must be renewed at the last General Assembly.
Ordinary, corresponding to the end of the period.
ARTICLE 33 The Directory will meet at least monthly and its agreements will
will be adopted by the majority of the assistant Directors, unless the Law
19.418, or the present Statute indicates a different majority.
ARTICLE 34 The deliberations and agreements of the Board will be recorded in
a minutes book. Each minute must contain the minimum mentions
marked in Article 25 and will be signed by the Leaders who
attended the session.
ARTICLE 35 The directory will be responsible for the upper management and administration.
from the Organization in accordance with Law No. 19,418 and the present
Statute.
ARTICLE 36 The Directors will be civilly liable and even for minor negligence,
in the performance of the administration, nevertheless the responsibility
penal that may correspond to them.
The Leader who wishes to save his responsibility for any act or
agreement, it must require that a record of their opinion be left in the
Act.
If anyone is unable or refuses to sign the minutes, a record will be made.
from this fact, which will be valid with the remaining signatures.
ARTICLE 37 The powers and duties of the board:
a) Arrange the summons for the Extraordinary Assembly in time and the
form indicated in these Statutes.
b) Inform the Assembly about all matters
related to the objectives of the Organization.
c) Comply with the agreements of the assembly.
d) Represent the Organization in all authorized activities
by Law and the Statutes;
e) Report annually, at the first meeting of the year, to the
Assembly about the management and investments of the resources that
they are part of the Organization's heritage and functioning
general of this, during the previous year.
ARTICLE 38 As the Administrator of the Organization's assets, the board is
authorized to carry out without the need for authorization from the Assembly the
the following actions: opening and closing savings accounts and checking accounts
at the State Bank or other credit institutions and draw on
They; endorse and cash checks, withdraw checkbooks;
Deposit money in sight, on term or unconditional and make a protest
Bills of Exchange, Checks, promissory notes, and other commercial documents;
to stipulate in each Contract it enters into, the prices, deadlines, and conditions
that I will find appropriate, demand accountability; accept or
reject inheritances with inventory benefits and attend the act of
participation of the same; receive mail, remittances and
postal commissions; to collect and receive when it is owed to the
Organization for any reason or title.
For the realization and celebration of other acts or contracts, it will be
It requires an agreement from the general assembly where it will be authorized.
ARTICLE 39 Agreed upon by the Board, any act related to the
powers indicated in the previous Article, will be carried out by the
president or whoever substitutes them in the position together with the
Treasurer or another Director, if he cannot attend. Both must
adhere faithfully to the terms of the agreements of the board or of the
General Assembly in its case and will be jointly liable, before
the Organization, in case of contravening them.
ARTICLE 40 The Leaders cease their positions:
a) For the fulfillment of the period for which they were elected;
b) For surviving disqualification, qualified in accordance with these
Statutes, incur according to Article 2 Letter e).
c) By resignation presented in writing to the Board of Directors ceasing in their
Functions and responsibilities at this time
knowledge of that.
d) By censure, agreed upon by two-thirds of the members present at
Extraordinary assembly specially convened for this purpose.
e) Due to loss of membership in the respective organization and
his quality as a citizen.
ARTICLE 41 The order of substitution for the Principal Directors will be as follows: the
substitute director who obtained the highest majority in the election,
will replace the primary member who becomes unable to
to be able to continue its functions.
TITLE V
FROM THE PRESIDENT, SECRETARY, AND TREASURER
ARTICLE 42 His attributions and duties of the President:
a) Represent the Organization in legal and extrajudicial matters;
b) Preside the board meetings and the Ordinary Assemblies and
Extraordinary;
c) Call the Board of Directors and the General Assembly when
correspond
d) Execute the agreements of the Assembly and the Board;
e) Organize the directory's work and propose a program
general activities of the Organization;
f) Monitor compliance with internal agreements of the
Organization;
h) Report on behalf of the board of directors march of the
Organization and financial status of it in the assembly
General to which Article 15 refers;
h) The other obligations and powers established by this statute;
ARTICLE 43 His attributions and duties of the Secretary:
a) To keep the minutes books of the board, of the General Assembly and
of the members register. This register must contain the name
identity card number, address, and signature or imprint
digital of each affiliate, the date of their incorporation and the number
corresponding correlatives. In addition, a space must be left
free to note the date of the cancellation of your status as
member of the organization in case that eventuality occurs;
b) Dispatch the invitations to the General Assembly and meeting of
Directory and prepare the posters referred to in the Article
19º;
c) Receive and dispatch correspondence;
d) Authorize, with his signature and in his capacity as Minister of Faith, the Minutes
from the board meetings and the General Assemblies, and
also grant authorized copies of them when requested;
e) Carry out the other tasks related to their functions that the
Directory or entrusted by the President.
ARTICLE 44 His attributions and duties of the Treasurer:
a) Collect the incorporation fees, ordinary and extraordinary, and
grant the corresponding receipts:
b) Keep the accounting of the Organization;
c) Keep the financial documentation of the Organization up to date,
especially the file of invoices, receipts and other proofs
of Incomes and Expenses;
d) Prepare the cash statement to inform the members about
the income and expenses, on the date indicated in Article 14;
e) Prepare an annual cash flow statement to be
submitted to the assembly;
f) Keep the inventory of the organization's assets up to date;
g) Carry out other procedures related to your functions, that the
directory or the president may assign to him.
TITLE VI
FROM THE ELECTORAL COMMISSION
ARTICLE 45 The Electoral Commission will be responsible for the Organization y
address of the Internal Elections.
This commission will be composed of five members who must
having at least one year of seniority in the respective organization,
unless it concerns the establishment of the first, and they will not be able to
to be part of the current board or to be candidates for the same position.
The electoral commission must carry out its functions on time.
that mediates between the two months prior to the election and the month after
to this. It will be the responsibility of this commission to ensure the normal development of
the electoral processes and the changes in the board of directors, being able to
give the instructions and take the measures you consider
necessary for such effects. Likewise, it will be their responsibility to carry out
the respective counts and safeguard the ballots and other records
electoral, until the expiration of the legal deadlines established for
to present complaints and requests for annulment. This committee is
It will also correspond to the qualification of the elections of the
organization.
TITLE VII
OF THE HERITAGE
ARTICLE 46 They integrate the heritage of the Organization:
a) The ordinary and extraordinary contributions or fees agreed upon the
General Assembly of Partners;
b) The donations or allocations due to death that are
they did;
c) The movable and immovable goods that they acquire in any way;
d) The income obtained from the management of community centers, workshops
Handicrafts and any other goods for community use
that possess;
e) The income from profits, raffles, parties, activities
social other acts of similar nature;
f) The tax or municipal subsidies granted to you;
g) The fines charged to its members in accordance with the
Statutes;
h) The enrollment fees and the Monthly Regular fees will be
determined annually at the First General Assembly
Ordinary.
ARTICLE 47 The Organization's funds must be deposited as they
received, in Banks or Financial Institutions Legally
recognized, in the name of the respective Organization.
ARTICLE 48 No more than a certain amount can be kept in cash in the cash register.
two Monthly Tax Units.
ARTICLE 49 The Organization must prepare an annual Balance or a
Income Statement and submit it for the Assembly's approval.
ARTICLE 50 The president and the Treasurer of the Organization may to turn
jointly on the deposited funds, subject to prior approval of the
directory.
In the the corresponding minutes will record the amount
authorized and the purpose of the expenditure.
ARTICLE 51 The positions of leaders of the Organization and the commission
Finance Supervisors, they will be free prohibiting the setting of
any type of remuneration. Moreover, these positions are incompatible
between each other.
ARTICLE 52 Notwithstanding the above, the board may authorize financing.
of the collective transportation expenses that they may incur
directors or partners commissioned for a specific management.
Once this is completed, a detailed report must be submitted regarding the use of
the Funds to the Board.
ARTICLE 53 In addition to the expenditure in the previous Article, the Board may authorize
the financing of per diems for Leaders or Affiliates who must
relocate outside the locality or city headquarters of the organization,
when they must carry out a commission entrusted to her and that says
direct relationship with their interests.
The daily per diem will cover food and accommodation expenses.
will be set annually at the first ordinary general assembly.
TITLE VIII
FROM THE FINANCE OVERSIGHT COMMISSION
ARTICLE 54 The Financial Oversight Commission will consist of three
members appointed directly by the General Assembly,
coinciding the first designation with the assumption of the first
directory governed by these Statutes. Its members will last one year in
its functions.
It will be determined as President of the commission, the one who has been
designated as first in this role.
ARTICLE 55 The Finance Oversight Commission will be responsible for reviewing the
accounts and report to the General Assembly of Partners on the Balance,
Inventory and Accounting of the Organization in the first Assembly
of the year mandatorily. For this, the Directory and, especially, the
Treasurer, they will be required to provide the means for compliance.
of this function.
In this regard, the Oversight Commission may require at any
moment the display of accounting books and others
documents that mention the relationship with the movement of the Funds and their
Investment.
The Oversight Commission shall not intervene in any act of the
Organization, nor object to decisions of the Board or the assembly.
TITLE IX
ABOUT THE DISSOLUTION
ARTICLE 56 Notwithstanding the legal grounds for dissolution set out in Law No.
19.418, it may dissolve:
a) By agreement of the Extraordinary General Assembly of Members,
adopted by the absolute majority of the affiliated members with the right to
vote
b) Due to the decrease in the number of its members to less than
fifteen in urban areas and ten in rural areas, during
a period of six months;
c) For not carrying out within a period of two months from the granting of
the legal personality, the definitive electoral process;
d) For contradicting Article 2 letter e);
The Neighborhood Councils, as a Territorial Organization of the sector, may
issue the statement regarding the operation and purposes for it
When was this organization created.
ARTICLE 57 In the event of dissolution, the assets of the Organization will transfer to
disposition of ...
…………….………………………………………………..…, which
will determine your final destiny.
TITLE X
ON THE AMENDMENT OF STATUTES
ARTICLE 58 The modifications to this Statute may only be approved in
Extraordinary General Assembly, specially convened for this purpose,
and with the agreement of the absolute majority of its members. These
modifications will take effect once they are approved by the Illustrious
Municipality.