General Statute
Chapter 1
OF THE DENOMINATION, HEADQUARTERS AND PURPOSE
Art. 1 – AGASSCOM – WAC, WORLD AGAPORNIS CONFEDERATION CENTER headquartered at Rua Marechal Deodoro da Fonseca, 493, Jundiaí- São Paulo state, Brazil – Postal Code (CEP): 13201-002, internationally known by the AGASSCOM – WAC acronym, is a private company owned and coordinated by Dr. Alessandro D’Angieri, a renowned international ornithology judge, acknowledged breeder of Agapornis with 45 years of experience both in breeding and researching these birds.
Single Paragraph – The patrimony of AGASSCOM will be comprised of its estates, properties, livestock and others it may acquire and as such will stand as guarantee against its commitments, excluding its responsibilities towards its Members even if in a subsidiary manner.
Art. 2 – AGASSCOM’s purposes are:
I – to manage, direct, conduct research and studies, written works, periodic publications, monographies, websites, e-books, exhibitions, courses and competitions on birds of the Agapornis genus of the psitacidae family, throughout both national territory and/or abroad;
I-A – it may also, if in its interest, extend its activities to birds of any other species or genus;
II – install and maintain the Service of Development and Improvement of Bird Show Standards and encourage them to be maintained as pure “races”, exclusively, for maintenance, control, execution and to be divulged throughout national territory and abroad, supplying the corresponding Show Standards Registration Certificates.
III – maintain relations with national and international entities, private or governmental, incorporating them, affiliating them or excluding them altogether if the need arises;
IV – encourage and guide, by all means available, the breeding of show type birds of the Agapornis Genus both on a national and international level, especially:
a) Celebrating covenants with governmental entities such as IBAMA, State Environment Agencies, Ministry of Agriculture, National, International and State Confederations and Federations, as well as similar Eclectic Entities (clubs, associations, etc.);
b) Maintaining effective social, sports and technical exchange with affiliated Entities.
V – institute official and uniform models of Standard Registration or Genealogic Certificates (pedigree) which, to be valid, must be authorized and enrolled exclusively by it;
VI – authorize shows in accordance with the Board-approved calendar.
Single Paragraph – In order to fulfill that which is established in this article, AGASSCOM may receive fees for services rendered, previously approved by the Board, as well as contributions and donations;
VII- promote courses and certify ornithology judges specialized on agapornis and/or other ornithology species, to this effect employing its educational arm, the Eagle Eyes Ornithology Judges School;
VIII – supply identification, institutional and legal regulation services for birds.
Chapter 2
OF THE ORGANIZATION
Art. 3 – The following departments comprise AGASSCOM’s organizational structure:
I – Board of Directors; comprised of its owner and general technical coordinator as well as eventual assistant directors designated by him;
II – Council of Judges;
III- Technical Council;
IV- Confederative Disciplinary Council;
Chapter 3
OF THE BOARD OF DIRECTORS
Section I
OF THE COMPOSITION
Art. 4 – AGASSCOM’s Board of Directors will be comprised of:
I- President and Coordinator in the person of its owner;
II- Vice-President; designated by the President if deemed necessary at his own discretion;
Single Paragraph. The vice-President is an optional function that may exist in a number above one, without limits according to the President’s wishes who may also appoint or destitute such person(s) from his/her function at his Single discretion;
Chapter 4
OF THE COMPETENCY
Art. 5 – It is specifically under AGASSCOM’s Board of Directors the right to:
I- Guide and manage AGASSCOM, meeting all its purposes as stated in this Statute;
II- Fulfill and enforce compliance of the statutory dispositions as well as its deliberations;
III- Elaborate and divulge the necessary regulations for the optimum performance of National and International Ornithology, within its attributions;
IV- Devise and divulge show calendars;
V- Promote the publication of magazines, news bulletins, monographies and other works of interest of National and International Ornithology;
VI – Devise a table of fees of services rendered to Confederations and Federations and Similar Eclectic Entities;
VII- Devise and extinguish commissions, appointing its members;
VIII- Regulate AGASSCOM’s Genealogy Registration and Certification Service;
IX- Conduct courses and talks at Confederations, Federations and Similar Eclectic Entities;
X- Setup a school and corresponding course for ornithology judges specialized on Lovebirds, the Eagle Eyes Ornithology Judges School that has an international scope for an in-attendance or online course;
XI- Conduct the disposal or acquisition of real estate and furniture according to the Civil Code;
XII- Create or modify models of ensigns, pennants and AGASSCOM emblems;
XI- Grant licenses to any of its members;
XII- Conduct all administrative tasks;
XIII- Undertake all normal administrative expenses as well as those foreseen in the budget;
XIV- Deliberate, “ad referendum”, on neglectful cases submitting such cases to this authority in its first meeting;
XV- Homologate the covenants celebrated by Federations or Similar Eclectic Entities with Specialized Eclectic Entities;
XVI – Celebrate covenants with the Union, State, Municipality, Confederations, Federations, Similar Eclectic Entities and with Specialized Eclectic Entities in Countries and States in which the Federation or Similar Eclectic Entity does not enjoy its ornithological rights to its full extent;
Chapter 5
OF MEETINGS AND SUMMONS
Art. 6 – The Board of Directors, Judges Council and other councils, when in existence, shall convene whenever summoned by their President.
Chapter 6
OF THE ATTRIBUTES OF ADMINISTRATIVE POSITIONS
Art. 7 – The President and Board are entitled to:
I- Represent AGASSCOM both legally and out of court, both actively and passively;
II- Summon and preside over Board meetings;
III- Summon and install Technical Meetings whenever deemed necessary;
IV- Undersign alone as Financial Director the documents that enforce AGASSCOM and any documents to handle funds, including checks or deposits, guarantees and bank drafts verifications;
VI- Devise and approve a Timetable of Annual Activities;
VII- Appoint the holders of all elective and non-elective positions foreseen in this set of bylaws;
VIII – Appoint AGASSCOM delegates or representatives for ceremonies, congresses and events;
IX- To renounce rights, to dispose of the social patrimony, or in any way to burden them;
X- Hire and discharge employees;
XI- Assemble eventual or permanent technical advisors to better perform its functions;
XII- Homologate judges with a temporary or permanent, show-specific homologation, to judge shows abroad;
XIII- Homologate or not the names of examination candidates for entering AGASSCOM’s panel of judges that fulfill the judge’s course curriculum sent the Board of Judges;
XIV – Choose the Presidents of AGASSCOM’s Board of Judges in the event of an impediment;
XV- Adopt timely measures towards AGASSCOM’s interests and order, including for cases not covered or urgent that may subject these By Laws to interpretation controversies;
XVI- Exercise any other executive attributes that have not been explicitly foreseen or forbidden in these By Laws.
XVII- Receive and define the effects of disciplinary measures directed at AGASSCOM;
XVIII- Coordinate the organization of AGASSCOM’s annual shows calendar.
Chapter 7
OF AGASSCOM’S BOARD OF ORNITHOLOGY JUDGES
Section I
OF ITS COMPOSITION
Art. 8 – The Board of Judges, AGASSCOM advisors, is comprised of all guest collaborator judges and all judges that graduate from AGASSCOM’s own Eagle Eyes School;
§ 1 – AGASSCOM’s President will exercise the presidency of the Board of Judges, or another member appointed by the President in case of an impediment;
§ 2 – Only judges already demonstrably approved by other similar institutions, clubs or federations from anywhere in the world or those who have graduated and have been approved by the Eagle Eyes School for Ornithology Judges may apply to the Board of Judges to be Supporter Judges;
§ 3 – Approval of members for the Board of Judges will be done by AGASSCOM’s President who may approve or dismiss any applicant regardless of any justification for such;
§ 4 – Failing to attend to two (02) consecutive or five (05) non-consecutive session meetings without due justification may imply on a judge’s exclusion from the Board;
§ 5 – The Board of Judges shall convene whenever summoned by its President by the majority of standing members. Required expenses will run under their own responsibility, except in the event of existing external sponsorship.
Chapter 8
OF THE COMPETENCE
Art. 9 – It is the Board of Judge’s responsibility to:
I- prepares suggestions to the Board of Directors with regard to rules and standards in their field of endeavor;
II- fundamentally replies to queries directed to them;
III- advises AGASSCOM’s departments within its competency;
IV- devises and suggest with exclusiveness, technical rules for judgement;
V- offers guidance and assistance to ornithological entities in organizing shows;
VI- issues formal judgement on the ratification of guest judges to judge shows by entities acknowledged in Brazil or abroad, to be conducted by the Board;
VII- helps whenever appointed, participating in examining boards for the exams scheduled by this Board;
VIII- helps the courses of promoted judges in accordance with current rules;
IX- promotes symposiums and/or congresses under its egis anywhere in the world;
X- verifies facts as per legal inquiry or investigation, within its scope of competence, in order to apply proper measures;
XI- proposes to the Board the calendar for judge examination throughout the world according to their region;
XII- examines documentations and issues formal judgements on the names of candidates for judge examination, to be approved by the Board;
XIII- helps, if designated, in the exams that will be given during judge examination;
XIV- acknowledges and references the names of new judges approved by the Board;
XV- expresses its views on new mutations accompanied by their corresponding standards in order to submit them for recognition by AGASSCOM – WAC WORLD AGAPORNIS CONFEDERATION.
Chapter 9
OF THE DISCIPLINARY BOARD
Chapter 10
OF THE COMPOSITION
Art. 10 – The Disciplinary Board, AGASSCOM’s advisory department, may be comprised and summoned or even dismembered by the Board whenever needed and will be comprised of 03 (three) standing members and 02 (two) substitutes, all of which are not remunerated;
Chapter 11
OF THE COMPETENCY
Art. 11 – The Disciplinary Board is responsible for:
I- apprising, judging and applying penalties, always guaranteeing the rights to proper defense, in eventual lawsuits forwarded by AGASSCOM;
II- judging, on an appellate level, ensuring the right to defense on penalties applied by ornithological entities of the AGASSCOM system, to any legal entity or natural person and that do not relate to the entities’ internal issues;
III- the issues will be judged within 90 (ninety) days as counted upon receipt by its President.
§ 1 – The President will define the effects of the appellations to the Disciplinary Board;
§ 2 – The Disciplinary Board will base its decisions, formal opinions and acts regarding the Ethics and Discipline of International Ornithology on the average standards of human behavior, always caring for unity and the fulfillment of AGASSCOM’s statute goals;
§ 3 – According the seriousness of a default, the Disciplinary Board may apply the following penalties:
I – warning;
II – written reprehension;
III – suspension of ornithophilic activities for an undetermined period of time;
IV – removal.
§ 4 – The penalties applied by the Disciplinary Board will have an international bearing;
§ 5 – the decisions made by the Disciplinary Board are eligible for appellations directed to AGASSCOM’s Director-President;
§ 6 – the Disciplinary Board may make recommendations to AGASSCOM’s Board of Directors or President to exclude the member entity for fair reason and in compliance with that which is stated in article 57 of Brazil’s Civil Code.
Chapter 12
OF THE ORNITHOLOGICAL ASSISTANTS
Art. 12 – the definition of an ornithological assistant is ‘anyone who performs an activity designated by AGASSCOM’s system Board’;
Art. 13 – Eligibility for the position of assistant requires that the candidate does not befall under the penalties foreseen in clause III and IV of the 3rd Paragraph, article 31, neither condemned or involved in a criminal prosecution that incapacitates him/her in the performance of the inherent attributes in managing common resources;
Single Paragraph – The following may not be appointed as assistants within the scope of AGASSCOM’s system: those convicted of a felony in final judgment, those who fail to render public accounts, those who are in default in the accountability of the entity to which they belong, of elective or trust positions of ornithological entity due to irregular or reckless patrimonial or financial management of the entity, and the bankrupt;
Art. 14 – It is a condition of eligibility for the exercise of any position in entities of the AGASSCOM system, the discharge situation with the treasury of the club of its affiliation.
Art. 15 – The director, elected or appointed, who has benefited from remuneration of the system when invested with an administrative mandate, or who does not have the management accounts approved or is not in good standing, is prevented from exercising the position of ornithological assistant in entities of the AGASSCOM system.
Art. 16 – It is also an impediment to the exercise of office the lack of a residence address in the jurisdiction of the entity.
Art. 17 – The members of the Board of Executive Officers, Disciplinary Board, Judges Council do not respond, not even in a subsidiary manner, for the obligations and obligations assumed by AGASSCOM;
Chapter 13
OF THE MEMBERS AND ENTITIES OF THE AGASSCOM SYSTEM
Chapter 14
OF GENERAL MEMBERS
Art. 18 – General members are natural persons of any nationality residing anywhere in the world and who are proven to be engaged in the breeding of birds within the scope of AGASSCOM in standards of pure species selected in captivity;
§ 1- will be admitted through a voluntary request through a specific form provided by AGASSCOM within its institutional means (websites, edicts, etc.);
§ 2 – will be subject to analysis and approval of the presidency / board of directors that retain full rights to deny or accept memberships regardless of any justification;
§ 3 – the members will pay the annuity fee stipulated in the means of affiliation made available by AGASSCOM as a voluntary contribution to assist in the cost of the information and technical-cultural assistance services stipulated in the agreement at the time of affiliation;
§ 4 – the member already accepted, may be expelled by the presidency at any time, even with its financial obligations discharged towards AGASSCOM, if it understands that said member has violated legal, ethical and/or moral norms of his/her country or country in which AGASCOOM events are being carried out, or has deliberately denigrated the name, acts and principles of AGASCOM as well as its WAC and Eagle Eyes School trademarks or any of its general or corporate members that may have been denounced or witnessed.
Chapter 15
OF STATE FEDERATIONS
Art. 19th – In each State or Territory of the country where there are three (3) or more Eclectic Ornithological Entities, with definite registration, there may be a Federation, with mandatory headquarters in the metropolitan area of its Capital, duration for an indeterminate period, constituted as a Non-profit Civil Association, with its own legal personality and jurisdiction restricted to the jurisdiction of the State.
Section I
OF PURPOSE AND COMPETENCE
Art. 20th – The federations have the purpose of directing the ornithology of their State, through their affiliated ornithological entities;
Art. 21th – The Federations, in order to fulfill their purposes and exercise their competence, shall follow that which is established in this Statute and other regulations and resolutions and norms that complement it.
Single Paragraph – The jurisdiction of each Eclectic or Specialized Entity, distance requirements, the constitution of ornithological centers for the decentralization of services and other requirements are included to be regulated by each Federation or similar Eclectic Entity, in accordance with the provisions of this Statute;
Section I I
OF THE CONSTITUTION
Art. 22th – The Federations shall be constituted by the Ornithological Entities established within their jurisdiction, observing the provisions of Article 19 of these Statutes.
Art. 23th – The Ornithological Entities are:
I- Eclectic Entities;
II- Specialized Entities;
III- Employment Entities.
Art. 24th – In States in which there is no condition to form a Federation, in accordance with Article 19, the existing State Eclectic Entity with its seat in the Capital shall accumulate the functions, rights and duties of a Federation, as an Eclectic Entity;
Section I I I
OF THE COMPOSITION
Art. 25th – The Federations shall be composed of the following departments:
I – Board of Members;
II- Administrative Council;
III- Fiscal Council;
IV- Disciplinary Committee;
Single Paragraph – The competence of each body shall be defined in the respective Statutes, by similarity with similar organs to AGASSCOM;
Chapter 16
OF THE ENTITIES AFFILIATED TO THE FEDERATIONS
Section I
OF THE CONCEPT, JURISDICTION, DUTIES AND RIGHTS
Art. 26th – The following are definitions of:
I- Eclectic Entity, that which takes care of the interests of all species of birds of the genus Agapornis, or other species that AGASSCOM will cover as well as of the activities to which some of these birds are destined;
II- Specialized Entity, those that take care of the specific interests, technical-promotional, breeding and reproduction in captivity of one, or some species of determined birds;
III- Working Party, which takes care of the functional aspects of the improvement of the standard standards of the birds subject to specific regulation, subordinated to the State Federations, governmental organs of each country, without representation in the Council of Members, thus not having voice and vote, but with right to registration with IRWAC – International Registers of World Agapornis Confederation.
Art. 27th – It corresponds to the jurisdiction of a geographic area determined by the respective Federation or Similar Eclectic Entity.
§ 1 – In each municipality there may only be one eclectic entity constituted as a non-profit civil association, endowed with legal personality and duration for an indeterminate period, for each fraction corresponding to 80,000 inhabitants;
§ 2 – In states that do not have a federation, the specialized entity must enter into an agreement with the related eclectic entity, having as its object the technical and promotional interests under its responsibility;
§ 3 – The rejection of an affiliation request or a refusal without just cause to the signing of the Agreement may be done at the discretion of the presidency / board of directors of AGASSCOM and allows for an appeal by the aggrieved entity to the same Board of Directors of AGASSCOM that may or may not designate it to the Ethics Board. The affiliation request will be reviewed by the Federation or similar eclectic entity that, within ninety (90) days from the date of receipt, must decide and refer the process to AGASCOM.
Art. 28th – The Ornithological Entities justify their affiliation to the State Federation:
I- for the utility they provide to the ornithological collectivity, stimulating, guiding and supervising the creation of birds of pure species of the “show type” standard;
II- by exhibitions, contests and other manifestations promoted by them;
III- by events, technical and promotional publications;
IV- by various bureaucratic services.
Art. 29th – The purpose of the Ornithological Entities is to:
I- gather the ornithophiles of their jurisdiction;
II – to promote exhibitions, zootechnical tests and other measures aimed at the improvement of species;
III- to perform, by subdelegation of powers of the Federation or similar Eclectic Entity, accessory services to the Genealogical Registry of pure show birds within the jurisdiction that has been determined to it, being responsible for the records issued under the acronym that the Genealogical Registry Service of the AGASSCOM entrusts;
IV- promote ornithology through social activities and through effective dissemination measures;
V- disclose the breeds’ standards approved by AGASSCOM-WAC, in the case of Eclectic Entities, or of the breed of which the Entity is specialized;
VI- to collect fees and annuities for AGASSCOM for the provision of services, when applicable, and contributions of its members.
Article 30th – The duties of the Ornithological Entities are:
I- sign Agreements with your State Federation or Similar Eclectic Entity;
II- at the discretion of Federations or similar Ecclesial Entities, an annual fee may be charged;
III- comply with and enforce AGASSCOM Statutes, Regulations, Agreements and Norms, its Federation and / or Similar Eclectic Entity;
IV- facilitate the inspection activity of the representatives of the Federations or Similar Eclectic Entity;
V- to annually promote, in its jurisdiction, at least one ornithological exhibition or work event;
VI – send its Federation or similar Eclectic Entity, a copy of the minutes of its organs, whenever there are any changes in the statutes or in its administration.
§ 1 – The Eclectic Entities and Specialized Entities that have an Agreement shall submit to AGASSCOM and the Federations or Associated Ecclesial Entities, the portion of the fees due to them, by specific regulations and agreements, in accordance with the existing tables and norms of AGASSCOM;
§ 2 – In the event of a delay of more than thirty (30) days from any payments due to AGASSCOM, the Federation, the Associated Eclectic Entity or other Affiliated Entities, the Debtor Entity will have its rights of representation in the Members’ Council suspended until a debt settlement is reached.
Art. 31th – The following are the rights of Eclectic Entities:
I – sign agreements with the Federation or similar Eclectic Entity of its State, which, as a minimum, must contain the area of its jurisdiction, the activities to be carried out, the services to be rendered and the values or percentages to be retained, on the fees and emoluments collected within the limits allowed by the official AGASSCOM table;
II – to collect from its members the periodic amounts provided for in its bylaws and regulations;
III- to charge from any ornithophile, the values instituted by its Board of Directors, for services rendered;
IV- to collect from any ornithophiles the fees and allowances allowed in their area, granting, to their partners, the discounts authorized by the AGASSCOM price list;
V- participate in meetings of the Board of Members with a right to voice and vote, when it is a definite affiliation, or only by voice, when membership is temporary;
VI- appeal of the decisions that bring any disadvantage to them, in the cases admitted in these Statutes and those provided for in the Statutes of the respective Federations or Similar Eclectic Entity;
VII- carry out scheduled events;
VIII – have the scope of its jurisdiction respected.
Art. 32th – The Specialized Entities have the following rights:
I – those defined in agreements to be signed with the State Federation or Similar Eclectic Entity, having as object, the activities to be developed, the services to be rendered and the percentage values that may apply, by regulation of the State Federation or Equal Eclectic Entity or AGASSCOM;
II – the same as items II, III, IV, VI, VII and VIII of Article 31, whichever is applicable.
Section II
OF AFFILIATION
Art. 33th – Membership may be:
I- on a temporary basis;
II- permanently;
Section III
OF THE ECLECTIC ENTITY
Art. 34th – The application for affiliation of new Eclectic Entities signed by the President of the Entity, will be made after prior consultation and should contain:
I – the denomination of the entity;
II – the address of the registered office;
III – proof of registration in the General Register of Taxpayers;
IV- certified and recorded copy of its founding minutes;
V- certified and registered copy of the Statute;
VI – evidence of feasibility of existence, according to regulation of the Federation or Similar Eclectic Entity;
VII – list of activities it wishes to undertake;
VIII – names and positions of its directors.
Art. 35th – The competence for assessing the applications for membership is of the Board of Directors of AGASSCOM, “ad referendum” of its Presidency in the case of being different persons.
§ 1 – The application for membership of an Eclectic or Specialized Entity may be approved:
a) on a temporary basis for a period of 01 (one) year, extendable for justifiable reasons, at the discretion of the Board of Directors / Presidency of AGASSCOM;
b) permanently, at the discretion of the Executive Board / Presidency.
§ 2 – The criterion for granting permanent or temporary membership shall be the necessity of having an ornithological club in the locality and the quality of the conditions of existence that the club presents;
§ 3 – The Eclectic or Specialized Club that does not comply with the statutory activities, that propitiated its permanent affiliation, will lose this condition, returning to the affiliation by means of temporary title;
§ 4 – The Eclectic or Specialized Clubs have the obligation to adapt their Statutes to that of AGASSCOM.
Section IV
OF THE SPECIALIZED CLUB
Art. 36th – The application for membership of a Specialized Club shall be submitted to the Board of Directors of the Federation or Eclectic Entity in the form of an application signed by at least 10 (ten) breeders of pure species as individual breeders (GENERAL MEMBER) registered with AGASSCOM.
Single Paragraph – The application shall record:
I – the willingness of the signatories to establish a club;
II- the relation of the activities that they intend to develop;
III- the names and positions of the Officers: President, Vice President and of Breeding.
Section V
OF EXCLUSION
Art. 37th – Exclusion is an administrative measure of exclusive competence of the Board of Executive Officers.
Single Paragraph – The same procedure shall be applied in relation to Clubs affiliated to Federations or Associated Eclectic Entities, where such a decision may also occur because it is requested by the affiliate’s own will and shall be free of any debts to AGASSCOM.
Chapter 17
OF INTERNATIONAL REGISTRATION OF ORNITOLOGICAL ENTITIES
Art. 38th – It is hereby instituted with AGASSCOM, the IRWAC International Registers of World Agapornis Confederation before which the constitutive acts of the Entities and their birds that are informed to us shall be filed.
Single Paragraph – For the purpose of knowledge and adaptation of the statutory regime, the Ornithological Entities are obliged to send to the AGASSCOM Board of Directors within 60 (sixty) days, through the Federation or similar Eclectic Entity, all statutory changes and elections, duly registered and authenticated. The Federation or similar Eclectic Entity shall submit to AGASSCOM within 60 (sixty) days.
Art. 39th – AGASSCOM’s Board of Directors shall issue, within 30 (thirty) days, the certificate of registration, with its own sequential number, through its website and/or specific correspondence.
Art. 40th – As a pre-registration procedure, the Ornithological Entities will submit their Statutes for the approval of the Federation or similar Eclectic Entities, which in addition to the legal requirements of each country.
Art. 41th – In case of conflict with the dispositions of the entities with this Statute or with the one of the Federation, the rules of the superior legislation will prevail, that must be observed, and the statutory adequacy must be effected, in the first reform that the Entity realizes.
Art. 42th – The omitted cases will be decided by the presidency and legal owner of Eagle Eyes School’s AGASSCOM-WAC, with full and total powers of free control as an exercise of the private property right which it administers.
Jundiaí, July 20, 2017
The Presidency of AGASSCOM consolidates this Statute.