OGAE International Statutes (English version)

As OGAE International is registered in France and subject to French law, the definitive version of our statutes is in French.  However, the day-to-day administrative language of the organisation is English and so the statues are available in both languages.  In the event of contradiction or ambiguity between the two language versions, the French version takes precedence.

1
  1. By the present Statutes, the CONTRACTING PARTIES establish among themselves an association which name is OGAE International, which stands for ORGANISATION GÉNÉRALE DES AMATEURS DE L’EUROVISION INTERNATIONAL.

 

2
  1. OGAE International is an association which gathers together national fan clubs who share the same objectives, in a relationship of close cooperation.
  2. OGAE International is non-profit, apolitical, secular, independent and non-governmental.

 

3
  1. OGAE International is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights. These values are common to the Members whereof in a community in which pluralism, non-discrimination, tolerance, justice, solidarity and effective equality for everyone prevail.

 

4
  1. OGAE International shall contribute to the promotion of the Eurovision Song Contest, which includes disseminating information about the aforementioned Contest, in collaboration with the European Broadcasting Union (EBU), national broadcasters and any other interested parties.
  2. OGAE International shall establish strong relations with the EBU, national broadcasters and any other interested party as well as good working relations among the national fan clubs and by extension their respective members.
  3. OGAE International shall serve the interests of, and the defence of these for, all its Members. It shall organise and encourage activities in relation to the Eurovision Song Contest, as well as care for the good operation of those. Its activities include, but are not limited to, the OGAE Contests.

 

5
  1. The headquarters is located in Paris.

 

6
  1. The accounting period shall be 1st April to 31st March of the following year.

 

7
  1. OGAE International shall comprise Active Members, Associated Members and Honorary Members. All Members commit to respect the values set out in article 3, and hold equal rights and obligations under the present Statutes and the Internal Rules of OGAE International.
  2. Active Members shall be national fan clubs which have been accepted as members of OGAE International and have paid the required annual fees. The Active Members are represented by their respective Presidents or otherwise duly authorised representatives in the Presidents’ Board who are accountable to their respective clubs in accordance with their own statutes. Active Members exist independently and may include in their names the initials “OGAE” subject to possible limitations under national laws.
  3. Associate Members shall be national fan clubs whose membership applications have not been approved. Associate Members are represented by their respective Presidents or otherwise duly authorised representatives in the Presidents’ Board who are accountable to their respective clubs in accordance with their own statutes. They shall not have a vote but may participate in activities of OGAE International.
  4. Honorary Members shall be individuals who have contributed significantly to the good standing of OGAE International. They are appointed by the Presidents’ Board in the Ordinary General Meeting by simple majority vote, on nominations issued by the Bureau. Proposals for nominations may be made by any individual to the Bureau.
8
  1. Membership of OGAE International shall be open to any national club which a.      is established in a country which has taken part in the Eurovision Song Contest at least once, with the exception of an OGAE Rest of the World representing fans in countries which have not participated in the contest, or b.      accepts and commits to the present Statutes as well as any currently applicable Internal rules of OGAE International and whose own statutes or equivalent are compatible with the present Statutes.
  2. Only one national fan club per country is eligible for membership, except for special cases which predate the establishment of OGAE International.
  3. Membership application shall be submitted by a national fan club to the Bureau of OGAE International.
  4. The Bureau shall ensure that the candidate commits to the values of OGAE International in its fundamental structure and may request additional information or documents.
  5. The Bureau shall approve the eligibility of the candidate by simple majority decision.
  6. The Secretary of OGAE International shall send a notification to the Presidents’ Board together with all the necessary documents the candidate would have given.
  7. A preparatory period which lasts approximately one year shall begin.
  8. During the preparatory period, the candidate as represented by its duly authorised representative shall be considered to be an Associate Member. It shall collect all the necessary information from the Bureau, may participate in the OGAE Contests and may join all discussions without the right to vote.
  9. At the end of the preparatory period, the candidate shall issue a candidate report detailing its administrative structure, membership and activities during the preparatory period, and deliver the same to the Bureau.
  10. The candidate report shall be examined by the Bureau which may request additional information or documents.
  11. The Secretary shall send the report to the Presidents’ Board which shall grant membership to the candidate club by simple majority decision in the Ordinary General Meeting.
  12. The authorised representative of the candidate shall pay the annual basic fees and other fees and sign the present Statutes upon grant of membership.
  13. The status of Active Member shall become effective after receipt of the required payment and the signed Statutes by the Bureau.
  14. At any time, for any valuable reason, on the basis of a proposal of the Bureau, the Presidents’ Board may either suspend or withdraw the candidacy of an Associated Member by a simple majority decision without a general meeting. In such event the Associated Member status is terminated with immediate effect.
  15. The sole exception to this article applies to the national fan clubs listed in Annex A, who shall become Active Members upon submission of a membership application to the Bureau upon the establishment of OGAE International, in any case no later than 31 October 2011.
9
  1. OGAE International shall be administered by the Presidents’ Board and the Bureau as set out in this article 9 and article 10 below.
  2. The Presidents’ Board is ultimate decision making body of OGAE International.
  3. The Presidents’ Board shall comprise the Active Members and Associated Members as set out in article 7. It shall make decisions in the Ordinary General Meeting or in an Extraordinary General Meeting or otherwise without a general meeting according these Statutes.
  4. The Presidents’ Board shall elect the Bureau.
  5. The Presidents’ Board shall control the Bureau. It may vote on a motion of censure to it which shall be suggested within the Presidents’ Board by an Active Member and require a simple majority decision without a general meeting. It may accept resignations or depositions in relation with the Bureau, in accordance with article 10.
  6. The Active Members of the Presidents’ Board shall have one vote each. They shall decide by simple majority unless the present Statutes provides otherwise.
  7. The Presidents’ Board may hold discussions and make decisions without a general meeting via private forum on the Internet during the year, and shall convene at least once annually in the Ordinary General Meeting. It may convene in an Extraordinary General Meeting where so required or permitted by these Statutes.
  8. The Presidents’ Board may approve the creation of committees and their reports.
  9. The Presidents’ Board shall decide on membership and sanctions.
  10. In conjunction with Article 14 the Presidents’ Board may, as it deems necessary, create or amend a set of Internal Rules to clarify the principles and procedures which are not stipulated in the present Statutes such as those in relation to the activities of OGAE International. The Internal Rules may be adopted by a simple majority decision without a general meeting.

 

10
  1. The Bureau shall promote the general interest of OGAE International and take appropriate initiatives to that end. It shall ensure the application of the present Statutes and of decisions adopted, oversee the good operation of the activities, execute the budget, exercise coordinating, executive and management functions, as laid down in the present Statutes, ensure OGAE International’s external representation, initiate OGAE International’s programming, submit proposals and initiate a general meeting or a Presidents’ Board discussion without a general meeting via private forum on the Internet.
  2. The Bureau’s term office shall be two years. It shall comprise seven (7) members: the President, the Secretary, the Treasurer, two ordinary members and two deputy members. As a body, it is subject to the Presidents’ Board.
  3. The Bureau shall establish its own internal rules of procedure which is approved by its members by simple majority decision.
  4. Convention of the Bureau may be in person or otherwise by the means of real-time tools such as video chat, telephone conference or similar. It shall convene on the initiative of the President, or otherwise on the initiative of the Vice-President together with two other non-deputy members of the Bureau, at least once every three months, primarily to check and approve the expenses of OGAE International. Invitation to a Bureau meeting shall be sent by e-mail at least seven days in advance stating the agenda, time and place of the meeting.
  5. The required quorum for the Bureau to be legally competent is when at least half of its ordinary members (including the President) are present.
  6. The President, the Secretary and the Treasurer shall participate in the Ordinary and Extraordinary General Meetings of the Presidents’ Board as well as to discussions of the Presidents’ Board via private forum on the Internet. Participation of other Bureau members is at their own discretion.
  7. The Bureau’s ordinary members shall have one vote each. Deputy members may partake to the discussions of the Bureau but shall not have a vote, except when they complete the required quorum due to the absence of ordinary members.
  8. The President of the Bureau shall represent OGAE International and lead the Bureau in accordance with the present Statutes. S/he shall oversee the good operation of the activities, represent OGAE International in its external relations including in national and international organisations and events, represent OGAE International ipso jure in legal process and initiate a general meeting or a Presidents’ Board discussion without a general meeting via private forum on the Internet. S/he shall chair the meetings of the Presidents’ Board.
  9. The Secretary of the Bureau shall be responsible for the administrative tasks, including both internal and external public communications.
  10. The Treasurer of the Bureau shall be responsible for financial and budgetary tasks in accordance with article 16.
  11. Both the Secretary and the Treasurer shall assist the President in the duties and be acting President where the President is incapacitated, in accordance with the internal rules of the Bureau. They shall represent the Bureau within the President Board.
  12. The Ordinary Members shall be responsible for tasks defined within the Bureau, in accordance with the internal rules of the Bureau.
  13. Members of the Bureau commit to work together in a spirit of cooperation. No Bureau member may vote in a decision pertaining to him-/herself.
  14. At any time, either the Bureau as a body or its members may separately resign. Any resignation becomes effective seven days from the date of written notification unless withdrawn.
  15. In the event the Bureau should resign as a body, the President shall notify the Presidents’ Board immediately in writing. The outgoing Bureau shall issue an Invitation to an Extraordinary General Meeting of the Presidents’ Board for the purpose of electing a new Bureau.
  16. In the event the Bureau members would resign separately, except the President, they shall notify the President in writing. The Secretary shall notify the Presidents’ Board in writing.
  17. In the event the President should resign, s/he shall notify the Presidents’ Board in writing.
  18. Resigning Bureau members shall cease their functions immediately after resignations become effective.
  19. In the event of incapacity of any member of the Bureau, due to absences of more than two months, deficiency, illness or any other grave circumstance, either the President or in his/her place the Vice-President shall initiate a procedure of deposition against the member in question which shall be adopted by a simple majority decision of the Bureau. In such an event, the Secretary shall notify the Presidents’ Board in writing, which may confirm it by a simple majority decision without a general meeting. The deposed members shall cease their functions with immediate effect.
  20. In the event that the President should resign or be deposed according to the procedure set out hereinbefore, a member of the Bureau shall be appointed to this post. He/she shall be elected by the Bureau’s members by simple majority. In the event of a tie within the Bureau, the Presidents’ Board shall make the decision by simple majority. The Secretary shall notify the Presidents’ Board in writing. During the following Ordinary General Assembly, the Presidents’ Board shall either confirm this choice or appoint another President from among the other Bureau’s members in a secret ballot, by simple majority in any case.
  21. In the event any other member of the Bureau should resign or be deposed, the President shall nominate a substitute from among the deputy members. The Secretary shall notify the Presidents’ Board in writing.
  22. In the event the Bureau should have no substitutes left, due to any of the aforementioned reasons, it shall issue an Invitation to an Extraordinary General Meeting for the purpose of electing a new Bureau.
  23. In any case the outgoing Bureau shall keep working until the Extraordinary General Meeting takes place.
  24. In cases of extreme urgency or due to grave circumstances, the Presidents’ Board by a simple majority decision may delegate the entire power of decision to the Bureau for a proportionate period to be determined by the Presidents’ Board in such decision.

 

11
  1. The annual Ordinary General Meeting of the Presidents’ Board shall convene on the Friday before the final of the Eurovision Song Contest for that year in the host city.
  2. An Extraordinary General Meeting of the Presidents’ Board may convene, either in person or via a private forum on the internet, upon the initiative of the Bureau on the basis of necessity or otherwise when at least half of the Active Members would present a demand for such meeting to the President of the Bureau. It shall convene within three weeks from the date the demand is presented to the President of the Bureau.
  3. Any general meeting shall be open to all the Members. Associated Members and Honorary Members may be present without participation, voice or vote.
  4. The Bureau shall issue an Invitation to any general meeting by e-mail to all the Members at latest two weeks in advance.
  5. The invitation shall include a provisional Agenda as well as the time and place of the general meeting.
  6. All Members via private forum on the internet may propose amendments to the Agenda within a period of seven days before the general meeting.
  7. The Agenda shall be confirmed seven days before the general meeting and sent to all the Members by e-mail.
  8. The required quorum for any general meeting to be legally competent shall be when at least half of the Active Members are present, including representation by proxy.
  9. At any general meeting each Active Member shall hold one vote.
  10. An Active Member may be represented by another Active Member by proxy. Only one proxy per Active Member shall be permitted at any general meeting. Proxy is not permitted for decision making without a general meeting via private forum on the internet.
  11. At most three people from each Active or Associated Member may participate in the Ordinary General Meeting, including the duly authorised representative.
  12. The President of the Bureau shall declare that the general meeting is convened. He/she is the Chairman of the Meeting.
  13. The Secretary of the Bureau shall read the Agenda out loud before the general meeting. The Active Members shall approve it by simple majority decision.
  14. The Secretary of the Bureau shall be responsible for the minutes the accuracy of which is approved by the Bureau ex post facto by simple majority decision.
  15. The Active Members shall decide on the matters set out in the Agenda.
  16. Any decision taken during a general meeting shall require a majority of the Active Members present and voting in accordance with the present Statutes.
  17. 17.    In the event a draw should occur, the President or in his/her place the Vice-president of the Bureau shall have the deciding vote.
  18. The minutes of a general meeting shall include all relevant documents decided in such a meeting. The minutes shall be sent to all Members of the Presidents’ Board who shall make it available to the members of their respective clubs.
  19. The preceding notwithstanding, the Presidents’ Board may, upon the initiative of the President of the Bureau, hold discussions and make decisions without a general meeting via private forum on the Internet during the year, in which case the rules set out in this Article 11 do not apply. Any decision made by the Presidents’ Board without a general meeting shall be approved by simple majority of the Active Members present and voting and the minutes whereof shall be kept by the Secretary.

 

12
  1. During the Ordinary General Meeting, the Treasurer of the Bureau shall present the previous accounting period’s Financial Statement, Annual Report and Auditor’s Statement.
  2. The Active Members shall vote to approve the presented documents and to release the members of the Bureau and other persons accountable from liability for the previous accounting period, by simple majority decision.
  3. The Bureau shall present to the general meeting a Plan of Action and a Budget for the next accountable period as well as an amount of the annual fees and other fees together with any remuneration request.
  4. After deliberation, the Active Members shall vote to adopt the final Plan of Action and Budget for the next accounting period as well as the final amount of the annual fees and other fees together with any remuneration request, by simple majority decision.
  5. The Active Members shall elect the Bureau, in accordance with article 13.
  6. The Active Members shall approve any other matter set out in the Agenda, by simple majority decision.

 

13
  1. The Bureau shall be elected by a simple majority decision of the Presidents’ Board in the Ordinary General Meeting on the basis of universal, direct, free and secret ballot.
  2. Any member of an Active Member of OGAE International is eligible to run for any of the Bureau posts, but no standing President of any Active Member is eligible for the post of President, Secretary or Treasurer of the Bureau. In the event a standing President of an Active Member should be elected to one of those posts, that President shall relinquish his/her national post in accordance with that Active Member’s statutes latest in June 31st of the same year.
  3. The names of eligible candidates running for specific Bureau posts together with their respective free-form résumés shall be sent by the relevant Active Members at least one month before the Ordinary General Meeting of the Presidents’ Board to the Secretary of the Bureau, who shall send the full candidate list with resumes to the Presidents’ Board within three days of receiving the information.
  4. Candidates may withdraw until the day before the Ordinary General Meeting of the Presidents’ Board. In that case, the withdrawing candidate shall notify the Secretary who shall notify the Presidents’ Board.
  5. Candidates are not required to be present at the Ordinary General Meeting.
  6. Each Active Member shall write on a paper the candidate of its choice for each Bureau post.
  7. The ordinary members are the two most voted candidates to these posts. Deputy members are the third and fourth most voted candidates to the posts of ordinary member.
  8. Two vote counters shall be appointed from among the Active Members who are not election candidates to count the votes received by each candidate.
  9. Election to each post is made by simple majority decision of the Active Members present and voting.
  10. The final results shall be announced by the Secretary. The name of the voters shall always remain secret.
  11. In the event of a draw for any Bureau post, a second round shall take place. In the event of a second draw, the one elder in age shall be elected.
  12. In the event elections should take place in an Extraordinary General Meeting, the procedure shall be the same.

 

14
  1. A committee may be created on the basis of a Bureau proposal, which shall include its objectives and the name of its director as well as the names of invited committee members from among the Presidents’ Board members, in order to endorse specific duties or respond to specific questions.
  2. The Presidents’ Board shall adopt the proposal by a simple majority decision without a general meeting. In the event of a draw, the President of the Bureau shall have the deciding vote.
  3. Any member of the Bureau may participate in any committee.
  4. Each committee shall decide on its internal rules and regulations independently subject to the present Statutes. Its director shall always have the deciding vote in the event of draws.

 

15
  1. The bank account of OGAE International shall be located in France.
  2. Relocating the bank shall be decided in the Ordinary General Meeting by a simple majority decision of the Active Members attending the Meeting.
  3. The amount of the annual basic fees payable by all Active Members shall be annually set by the Presidents’ Board by simple majority in the Ordinary General Meeting and shall be in accordance with French law which at present sets a limit of maximum 12 EUR.
  4. The annual basic fees shall only cover the administrative and banking expenses, including those in relation with the website.
  5. Active Members shall pay the same amount in annual basic fees.
  6. Associated Members and Honorary Members are exempt from payment of the annual basic fees.
  7. The Active Members by a simple majority decision in the annual Ordinary General Meeting shall also decide on the amount of other fees payable by the Active Members. The other payable fees shall be the OGAE Contests.
  8. Costs for OGAE Contests shall be payable by the Associated Members, in the event they should partake to any.
  9. Annual basic fees and other fees shall be part of the budget.
  10. Additional costs of OGAE International which amount cannot be decided by the Active Members, such as the tickets to the Eurovision Song Contest and member cards, shall be totally paid by each Active Member and Associated Member to OGAE International, depending on their demands.
  11. Any unforeseen cost of OGAE International which would not appear in the Statutes shall be approved by a two-thirds majority of the Active Members in the Ordinary General Meeting.
  12. Any sharing of any cost of OGAE International which would not appear in the Statutes shall be divided equally among all the Active members.
  13. To support the implementation of its purpose and function OGAE International may receive public funding, donations, bequests and other kinds of support as well as to hold raffles, fund raisers, sales and other activities.
  14. OGAE International is barred by these Statutes from borrowing any funds from any party whatsoever.

 

16
  1. OGAE International as represented by the Bureau shall comply with applicable accounting standards in bookkeeping as well as the preparation of the Financial Statements.
  2. The annual budget shall be made and adopted by a simple majority decision in the Ordinary General Meeting.
  3. The budget shall comprise the annual basic fees and other fees.
  4. Payments of the basic fees and other fees shall be received between 1 April and 31 July of each accounting year.
  5. The Treasurer of the Bureau shall be the only member of the Bureau authorised to operate the bank account.
  6. The President shall be responsible for the execution of the budget and order the Treasurer to execute the expenses.
  7. The Treasurer shall execute the expenses and be responsible for the payments received by OGAE International.
  8. Expenses shall be as efficient as possible and shall be approved by simple majority decision of the Bureau at least once every three months.
  9. All expenses shall be notified by the Treasurer to the President and the Secretary. Copies of receipts shall be included.
  10. All payments received by OGAE International shall be notified by the Treasurer to the President and the Secretary. Receipts shall be given to the payers.
  11. The Financial Statement together with the necessary documents shall be sent to the Presidents’ Board with the provisional version of the Agenda and presented by the Treasurer in the Ordinary General Meeting.

 

17
  1. In the event the Bureau should be convinced that any Member may be in breach of the present Statutes, the Secretary shall send a notification which includes the motives to the Member in question. The Bureau decision shall be taken by simple majority.
  2. The Member in question shall have fourteen days to reply to the Bureau, and send all the necessary documents and information.
  3. After examination of the response and all the necessary documents and information, or otherwise if no response is received within fourteen days, in the event the Bureau should be convinced that the Member in question is in breach of the present Statutes, the Secretary shall send to the Member recommendations. The Bureau decision shall be taken by simple majority.
  4. The Member in question shall have 30 days to fix the situation.
  5. At the end of those 30 days, in the event the Member in question should remain in breach of the present Statutes, the Secretary shall send a report to the Presidents’ Board. The Bureau decision shall be taken by simple majority.
  6. A debate shall be opened within the Presidents’ Board internet forum and the Member in question shall express an opinion.
  7. At the term of seven days, the Presidents’ Board shall decide whether suspend the Member from all the rights deriving from membership until the situation if fixed by a simple majority decision without a general meeting.
  8. In the event of suspension, the Member in question shall have sixty days to fix the situation.
  9. At the term of those sixty days, in the event the Member in question should remain in breach of the present Statutes, the Secretary shall send a report to the Presidents’ Board. The Bureau decision shall be taken by simple majority decision.
  10. The Presidents’ Board shall decide on the expulsion of the Member in question by simple majority decision in the following Ordinary General Meeting.
  11. In the event of expulsion, the present Statutes as well as the rights deriving from those and membership, including the use of the initials “OGAE”, shall no longer be applied to the Member in question from the day after expulsion is pronounced.
  12. The expelled Member shall erase any trace of membership.
18
  1. Any Member may unilaterally decide to withdraw from OGAE International by simple written notification which shall be sent to the Bureau. The Secretary shall forward the notification to the Presidents’ Board.
  2. The withdrawing Member shall have 30 days to cancel withdrawal.
  3. The present Statutes as well as the rights deriving from those and membership, including the use of the initials “OGAE”, shall no longer be applied to the withdrawing Member from the first day after those 30 days.
  4. The withdrawn Member shall erase any trace of membership.
19
  1. The present Statutes shall have an unlimited duration.
  2. Any Active Member or the Bureau may submit proposals to amend the present Statutes to the President of the Bureau at any time.
  3. The Bureau shall review any such proposal and determine by simple majority vote if it should be put to the Presidents’ Board.
  4. The Bureau shall agree a draft wording for the proposed amendment and will submit it to the Presidents’ Board for approval.
  5. The proposed amendment may be considered either at the annual ordinary general meeting or at an extraordinary general meeting, or at an extraordinary meeting constituted on the Presidents’ Board electronic forum.
  6. Proposed amendments must be approved by a two-thirds majority of Active Members.

 

20
  1. OGAE International is subject to French jurisdiction. Any text in relation with OGAE International, its functioning or activities shall be in the French language. For purposes of interpretation the operative version shall be that in the English language.
  2. The language of work of OGAE International shall be the English language. Any text in relation with OGAE International, its functioning or activities shall have a version in the English language.

 

21
  1. OGAE International may be dissolved by a two-thirds majority decision of the Presidents’ Board in a general meeting.
  2. In the event of dissolution, one or several liquidators shall be appointed by the Bureau and approved by the Presidents’ Board in the same decision as set out hereinbefore.
  3. The assets of OGAE International shall be used first to settle its outstanding obligations of.
  4. The rest of the assets shall be distributed pursuant to article 9 of the French Law of July 1st 1901 and August 16th 1901.
  5. In the event that the Presidents’ Board in a general meeting would decide to suspend but not dissolve OGAE International, the assets shall be used in the same manner.