Statutes on BORT

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Statutes on BORT

 

Statutes
of BULGARIAN RADIO AND TELEVISION OPERATORS (BORT)

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NAME AND SEAT

Article 1. (1) Bulgarian radio and television operators - BORT is voluntary, independently, non-political and non-religious non-profit association.
(2) The Union of Bulgarian Broadcasters - BORT is free an association of persons or organizations of common activity, with the members retained its autonomy.
(3) The Union of the Bulgarian Broadcasters - BORT is a media organization of media service providers with all types of coverage distribution - to medium and small national broadcasters and broadcasters with cable and / or satellite broadcast.
(4) The name of the Union is: Bulgarian Broadcasters - BOARD. The name of the Association may be written in English as well followed by: Bulgarian operators broadcasting - BORT
(5) BORT is a legal entity for the pursuit of an activity for private benefit, registered in accordance with Art. 19 et seq. Of the Non-Profit Legal Entities Act.
(6) BORT shall have its seat: Sofia, 1000, Vitosha Blvd., No.1A (Commercial House), floor 2, office 225 B; management address: 11 Vratsa Str., No 28, Mi. AP.1
(7) The board is not limited by time.
Article 2. (1) The BORT may establish and / or participate in other legal entities with non-profit purpose, registered under the Law on Non-profit Organizations, as well as to establish and / or to participates in legal entities registered under the Commercial Law.
(2) BORT may be a member of Bulgarian, foreign and international organizations whose activities are in line with its objectives and are eligible under Bulgarian and relevant foreign legislation.


GOALS, RESOURCES AND ACTIVITIES

Article 3. The objectives of the Association are:
(1) To support the development of small and medium-sized radio and television business television operators in Bulgaria.
(2) Improve the legal and economic framework setting out the conditions for private radio and television activities in Bulgaria.
(3) To increase the prestige of the radio and television industry nationally and internationally.
(4) To impose high professional standards among electronic media. (5) To protect the professional interests of its members before the Bulgarian government, state and municipal bodies and organizations and before international ones organizations, by any means not inconsistent with the laws of Republic of Bulgaria and competition rules.
(6) To assist media service providers - private radio and television television operators, in the protection of the public interest and in connection with their linear and non-linear media services;
Article 4. The Board shall achieve its objectives by the following means:
(1) undertakes legislative initiatives aimed at establishing a a favorable legal environment for private radio and television activities in Bulgaria
(2) BORT organizes vocational training courses and programs, aimed at upgrading qualifications and achieving a higher professional standard for broadcasters
(3) BORT shall provide advisory, methodological and institutional assistance to its members
(4) BORT shall periodically provide information on current technological changes in the field of broadcasting, increases information security and enrich the background information of employees in electronic media.
(5) BORT publishes a daily electronic newsletter of its own website
(6) BORT publishes an annual catalog of information on radio and television operators in the country, as well as for the various partner organizations of the Association.
(7) BORT representatives participate in national and international
conferences and roundtables on broadcasting issues and its legal regulation.
(8) BORT conducts periodic marketing and sociological surveys of radio market in Bulgaria
(9) BORT organizes trade fairs and festivals for the representatives of the radio and television industries.
(10) BORT may initiate and conduct nationwide campaigns under the title:
"Integration of disadvantaged persons", "Society and personality"; "Educational role of the media on groups of different ages" aiming raising public awareness on current issues: information Bulgaria's Euro-integration Progress Campaign, You Choose Campaign, drug campaigns, smoking, etc.
(11) BORT shall establish contacts and representation of its members before the Board independent regulatory bodies, public organizations, international institutions and international organizations, business entities, Collective Organizations rights management (OKUP) duly registered with the Ministry of Justice culture and registered in the Ministry's public register and others;
(12) if necessary, establish temporary and permanent Advisory Working Groups bodies and councils and other structures to address specific issues of the The Association.
Article 5. (1) BORT shall also carry out additional economic activity, which on the one hand is not prohibited by law, on the other hand, is related to the main goals of the Association, and its revenue is used to reach the goals. The additional business activity includes training and qualification; conducting research and analysis in the field of electronic media; organization of seminars, conferences and meetings exhibitions; organization of information and advertising campaigns; publishing and production activity; consulting and mediation activities; just like any other activity permitted by law and in accordance with regulatory legislation.
(2) Income from additional business activities of The association can only be used to achieve its ideal goals and are not distributed as profits among its members.


FUNDAMENTALS, MANAGEMENT AND MANAGEMENT PROPERTY

Article 6. BORT shall raise funds for its activities and form its assets by:
(1) donations and wills from Bulgarian and foreign physically and legally persons;
(2) the participation of the Association in research, research, educational and other projects and developments;
(3) additional BORT business;
(4) membership dues, if necessary by explicit decision of the governing body. (5) other lawful ways.
Article 7. (1) All donations and wills made in favor of BORT shall be entered in a special book.
(2) The Association may not accept donations or bequests made under a condition or burden that is inconsistent with, or inconsistent with, its objectives with the laws of the Republic of Bulgaria.
Article 8. The assets of the Association shall be managed in such a way as to guarantee it preserving and expanding the property and providing adequate funding for the the ideal goals of the Association.
Article 9. (1) Decisions for disposal of the property of the association shall be determined by The Board of Directors as the conditions and ways in which they should be implemented the decisions should comply with the provisions of the Statute, the Bulgarian one legislation and the will of the donors.
(2) The Board of Directors may create trust funds from the property of The Association - incl. "Social assistance"; "Investments and investments, foreign exchange risk ”, etc.
Article 10. (1) The activity of the BORT and the use of its property may not be bound by political and / or religious purposes.
(2) BORT is involved in building and maintaining sustainable models for media self-regulation, including in terms of content, commercial communications and others;
(3) collects, processes and stores technical, economic, legal and other types information on the activities of the organization and its members.
Article 11. (1) The Board shall, through its experts, participate in working groups, advisory councils or other working (subsidiary) bodies created by order, decision or other act of competent authority.
Article 12. (1) BORT shall participate as a representative organization of users in the procedures for setting and agreeing the Fee Tariff, collected by the Collective Rights Management Organizations in accordance with the LPFTA
MEMBERSHIP. MEMBERSHIP RELATIONS - origin, repayment, succession.

Article 13. BORT membership is voluntary.
Article 14. (1) A regular member of the BORT may be any person - natural or a legal entity that is a radio or television broadcaster and / or provider non-linear media services under the provisions of the Radio and Television Act (or vendor reseller), and meets the following conditions:
1. YuL is 100% privately owned by the capital as well as foundations established by individuals and for private benefit;
2. adopts the Statute;
3. Declares that it will carry out its activities in accordance with the existing ones legislation of the Republic of Bulgaria; and in the case of internal and external legal collisions rules, will apply the rules of private international law.
4. The legal entity has a valid radio document and / or television activity as required by applicable law in Bulgaria with a valid term of validity at the date of its accession as a member of the association.
5. Does not directly own or affiliate in the supplying companies electronic radio and television transmission services;
6. Regular members of the Association may be physical and legal persons from the European Union and the European Economic Area who provide audiovisual media services or radio services on the territory of Republic of Bulgaria on equal terms with Bulgarian natural and legal persons.
Article 15. (1) Those who wish to be members of the Association shall submit a written application to The Board of Directors stating that they accept this Statute and will assist in the achieving the goals of the Association.
(2) The following documents shall be attached to the application:
2.1. All decisions if the applicant is entered in the Commercial Register maintained by The Registry Agency of the Ministry of Justice; or Solutions by the batch of company cases to the relevant competent court concerning the Associations with non-profit purpose registered under the Law on Non-Profit Organizations.
2.2. Applicant's current status certificate.
2.3. Declaration that the conditions under Article 14 of this Statute are signed, signed by a person with proper representative authority, where the applicant is legal entity;
Article 16. Acceptance of new members of the Association is made by the Management Board, if the written application for membership is supported by 2/3 of its members.
Article 17. (1) The Association may also accept associate members - legal entities and capable individuals who share the goals of the organization adopt the statutes and declare their willingness to work to achieve the goals of BORT without meet the condition under Art. 14, para. 1.
(2) Natural persons or legal entities with particularly high merit for implementation of the goals of the Association may be elected by the General Assembly for honorary members of the Association without meeting the condition of art. 14, para 1.
(3) The persons under para 1 and para 2 shall not have the right to vote at the General Assembly and may not be nominated and / or elected to the board of BORT.


OBLIGATIONS AND RIGHTS OF BOARD MEMBERS

Article 18. BORT members are required to:
(1) To work for the achievement of the goals and tasks of the Association and to participate in his business;
(2) To abide by the BORT Charter and to implement the decisions of the General a meeting of BORT and its governing bodies in good time and within a time limit the latter have been accepted in pursuit of the common goals;
(3) Comply with the rules and regulations adopted by BORT; to work for the good name of association, as well as show collegiality and fair competition in relationships each other;
(4) Do not use in any way their membership of the Association for achievement of personal goals and / or goals contrary to its statute; (5) To participate in the work of the BORT authorities, with their representatives who have representative power by law or by express authority authorization;
(6) in carrying out their deliberations and decision-making activities in within the organization to be based on the principles of legality, impartiality, transparency, fairness, predictability, confidentiality and ethics;
(7) Do not create a conflict of interest situation that could be harmful on the one hand the interests and / or activities of BORT on the other members by disrupting the impartial and objective performance of their members obligations;
(8) Protect confidentiality and in no way disclose confidential information information related to the work process as well as the decision making process in within the BORT, as they become aware of and / or in connection with their participation in it work and / or activities.
(9) Not to make or distribute, unless their participation in the the work and / or activities of the BORT copies of notes, photographs, sound and video materials and documents, emails, protocols, transcripts and summaries of confidential information and any other documents made known to them on the occasion their participation in the work and / or activities of BORT;
(10) comply with the rules of self-regulation and the ethical rules by which the association is bound.
Article 19. Every regular member of the Board has the right to:
(1) To participate in the bodies of the Union personally and / or through expressly empowered to this persons;
(2) Out loud when taking decisions by the BORT General Assembly;
(3) To be informed about the activities of BORT and its bodies and to take active participation in all meetings, meetings, initiatives organized by The Association or with its assistance;
(4) To be elected and to be elected by the Union bodies, and to be elected its representatives in the governing and working bodies of the Association; (5) To submit proposals to the Management Board regarding the activity and the development of BORT;
(6) To take precedence over other organizations and persons not members of The Association, from the material and technical base of the Association for the needs of these activities that are directly related to the goals of the Association;
(7) Access to all materials and data collected by the Association and to its information system;
(8) To receive methodological and advisory assistance;
(9) To receive remuneration for performed and provided to the Association services, when expressly agreed in writing;
(10) To voluntarily leave the Association;
(11) To attend the meetings of the Management and Supervisory Authorities of Association when considering issues or resolving issues related personally from it.
(12) To offer its representatives for participation in media bodies self-regulation, industry and other organizations of which BORT is a member.
Article 20. Fulfillment of Membership Obligations and Exercise of Membership Rights cannot be ceded.


MEMBERSHIP IMPORT

Article 21. (1) BORT members shall not pay an annual membership fee.
(2) Members shall contribute to the cost of registering the BORT.
(3) The newly admitted members shall contribute to the costs of amending and supplementing registration.


TERMINATION OF MEMBERSHIP

Article 22. (1) BORT members may terminate their membership by 30 daily written notice to the Governing Board, provided that the wishing to quit fulfilling his obligations arising from his membership;
(2) Membership may be terminated by a decision of the Board of Directors of BOARD:
(3) in the event of non-performance of the obligations specified in these Statutes;
(4) An abandoned or expelled member shall not be entitled to reimbursement of those made it costs.
(5) Membership shall be terminated by the Management Board in case they have occurred changes in the legal entity of the member concerned, as a result of which it no longer exists meets the membership criteria but Art. 9 of these Statutes.
(6) Members' rights and obligations, with the exception of property rights, are non-transferable and do not pass on to other persons upon death, respectively terminated
Article 23. A member of the Board shall be excluded by a reasoned decision of the Board of Directors of the association, accepted by a majority of 2/3 of its members, subject to prerequisites for that.


ASSOCIATION BODIES

Article 24. (1) The BORT authorities shall be: General Assembly; Management Board; Controllable advice;
(2) The General Assembly or the Management Board shall have the right to form scientific, expert, competition and other temporary or permanent subsidiary bodies functions, depending on BORT needs.
Article 25. Minutes are kept for the work of the bodies of the association and decisions are made they shall be entered in the record book of the authority concerned.


GENERAL MEETING

Article 26. (1) The General Assembly is the supreme authority of BORT. It is made up of everyone members.
(2) The General Assembly shall be chaired by the Chairman of the Management Board or by another person designated by the General Assembly. The President of the General Assembly provides logging of his work and decisions made.
Article 27. The General Assembly:
- adopts, amends and supplements the Statute;
- make decisions for termination or transformation of the Association;
- approves the annual financial statement of the Association;
- defines the basic directions of the activity of the Association;
- accepts the report of the Supervisory Board;
- adopted the agenda of the meetings and elected the chairman of the meeting and protocols;
- approved the report of the Management Board;
- elects and dismisses the members of the Management Board;
- elects and dismisses members of the Control Board;
- annul decisions of other bodies of the Association taken in violation of the law, statutes or other internal acts;
- resolves other issues provided for in the Statute;
- elects and dismisses the Chairman of the Management Board.


MEETING OF THE GENERAL MEETING

Article 28. (1) The General Assembly shall be convened by the Management Board at least once. per year.


(2) The Governing Board shall be obliged to convene the General Assembly at the request of The Supervisory Board or at the request of at least one third of the members of the BORT If The Governing Board did not do so within thirty days of the request made, The General Assembly is convened by the court at the seat of the Association; at the written request the initiators of his convening.
(3) The members of the Association shall be notified to the General Assembly through invitation sent by e-mail and / or signed by e-mail Member mail; on any of the courier companies and / or the message board in the office of the association, thirty days before the appointed date for holding the General Assembly. The invitation must include the agenda, date, time and place for holding the General Assembly and at whose initiative it is convened. The invitation came placed in a prominent position in the office of the Association at least thirty days before the scheduled day.


QUORUM

Article 29. (1) The number of delegates represented at the General Assembly shall be equal to the number of members of the Association.
(2) The General Assembly shall be considered lawful if it is attended by 50 + 1% of provided for in para. 1 delegate.
(3) On matters concerning the amendment of the Statute and / or transformation of the General a meeting is considered lawful if it is attended by 50 + 1% of the provided under para. 1 delegates
(4) If he does not appear at the announced time for the commencement of the General Assembly the number of delegates required under paragraph 2 shall be postponed by one hour to that delegate agenda and in the same place and is considered legal regardless of the number of delegates present.



VOTE

Article 30. (1) The General Assembly shall take its decisions by a simple majority. (2) Decisions to amend the Statutes, to terminate or merge The Association shall be taken by a two-thirds majority of the delegates present. (3) Each delegate to the General Assembly shall have one vote.
(4) Each delegate has the right to transfer their voting rights in the GA to another presented to the assembly by delegate in writing. Reauthorization no is allowed.
(5) On matters not previously included in the notice of invitation agenda and duly announced, no decisions can be made.

MANAGEMENT BOARD

Article 31. (1) The Management Board shall be the collective executive body of the Association resolves issues related to the implementation of the decisions of the General Assembly; and other matters assigned to it by this Statute.
(2) The Management Board shall be elected for a term of three years.
(3) The Management Board shall consist of 3 persons. The members of the Management Board may also be legal entities that participate in the meetings and proceedings of The Governing Board, through its legal representatives or their proxies. (4) The members of the Management Board may attend the meetings in person or through an explicitly authorized representative. Each member of the Management Board is entitled with one voice.

Article 32. (1) The Management Board shall:
- ensures the implementation of the decisions of the General Assembly;
- accepts new members of the Association and excludes members of the Association.
- determines the order and organizes the activity of the Association.
- adopt internal acts and decisions related to the activity of the Association;
- prepares and submits to the General Assembly a report on the activity of the Association;
- decide to participate in other associations, associations and organizations, and establish and / or participate in legal entities registered under the Commercial Law;
- adopt internal rules for the activity of the association and its structures; - liquidates or appoints and appoints a liquidator;
- resolves other issues related to the activity of the Association in accordance with the Statute and the decisions of the General Assembly;
(2) The Management Board shall meet at least once every three months.
Article 33. (1) The Management Board may take decisions if at its meeting more than half of its members are present.
(2) A person with a two-way telephone or other connection is also present, guaranteeing his identity and allowing him to participate in discussion and decision making.
(3) Until the election of a new Management Board, the old one shall fulfill its functions.
Article 34. (1) Membership in the Management Board shall terminate early:
- When resigning to the Chairman of the Management Board;
- In case of non-compliance with any of the requirements under Art. 26 of the Statutes.
(2) In the cases of Article 29, Paragraph 1, the Chairman of the Management Board shall convene the governing body immediately to vote on the decision to convene an emergency General Meeting of the Association for the Exemption of a Member by the Board of Directors and election of a new member to fill the composition of the same. The new board member is elected for the term of office of the Governing Board of which it participates.
(3) Until the election of a new member of the Management Board, the old member shall continue to perform its functions.


CHAIRMAN OF THE BOARD OF DIRECTORS

Article 35. (1) The Chairman of the Management Board shall be elected by the General Assembly for one year.
(2) The term of office of the Chairman of the Management Board shall be terminated automatically upon termination of the term of office of the Management Board.
Article 36. (1) The Chairman of the Management Board shall:
- convenes the meetings of the Governing Board and proposes an agenda for them, organizes and directs the overall work of the Governing Board and chairs it meetings;
- represents the Association in its relations with third parties;
- controls logging of books;
- performs other functions assigned to it in this Statute.
(2) The Chairman of the Management Board may delegate his functions to the the absence or inability to perform them on another member of the Management Board


REPRESENTATION

Article 37. The Association shall be represented before third parties by the President of The Board of Directors, or by a deputy appointed by his / her order. Chairman.


COUNCIL OF CONTROL

Article 38 (1) The Supervisory Board shall be elected for a term of three years.
(2) The Supervisory Board shall be composed of three members, who shall be elected by the General meeting and may not be members of the Management Board. Until choosing a new one Control board, the old man continues to perform his functions.
(3) The Chairman of the Control Board is elected by and from among the members of The Supervisory Board not later than 7 / seven / days from the date of election of the Supervisory Board. (4) The President shall be elected by a qualified majority of 2/3 of all members of the Supervisory Board. His powers may be terminated by a qualified majority of 2/3 of all members of the Control Board for each during the term of office of the Board on the proposal of at least two members of the Supervisory Board advice.
(5) The term of office of the Chairman of the Control Board shall be automatically terminated by termination of the term of office of the Supervisory Board.
(6) The Supervisory Board shall supervise the activity of the bodies of The Association.
(7) Supervisory Board:
- monitors compliance with the Statute, decisions of the General Assembly and other internal ones acts of the Association.
- ensure proper management of the assets of the Association;
- gives conclusions on the annual report of the Association;
(8) provides methodological guidance on the activities of the electoral bodies of The Association.


PROPERTY

Article 39. The assets of the Association shall be raised by: donations, proceeds from business activities, campaigns, and others as permissible by legislation sources.
Article 40. The expenses related to the activity of the Association shall be borne by the chair.


TERMINATION

Article 41. (1) The Association shall be terminated in the cases specified in this Statute and those referred to in Art. 13 of the Non-Profit Legal Entities Act.
(2) Upon termination of the Association, its property shall be transferred to another non-profit legal entity with a similar object and purpose, defined by the Board of Directors, and if not by the liquidator.

ADDITIONAL PROVISIONS

Article 42. (1) For the purposes of this Statute:
(2) A conflict of interest arises when a person has a private interest, which may affect the impartial and objective performance of the his powers or obligations to BORT.
(3) Conflict of interest also arises on the basis of family relationships, personal, professional, political, ethnic or economic interests that may affect the impartial and objective exercise of powers or his duties on the board.
(4) Confidential information is all financial documents, business documentation and plans; information about customers and suppliers, other users; reports and reports; strategies, procedures; financial information related to sales, pricing, product turnover, profits, margins, loans, relationships with banks; discounts, contract amounts, bonuses, and any other information.
(5) The official secret shall be all facts, information, decisions and data related to the main and other activities of BORT, the secrecy of which is in the interest of The Association and its individual members.
This Statute has been adopted by the founders of the General Assembly of the Founders. This Statute has been drawn up in three identical copies - one for the court; one for BORT archive and one for association accounting.