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STATUTES ADAPTED TO THE ORGANIC LAW 1/2002 AND THE LAW 14/2008 OF 18 NOVEMBER OF THE VALENCIAN GENERALITAT.

STATUTES OF THE CANCER CARE JÁVEA ASSOCIATION.

CHAPTER l. NAME, REGISTERED OFFICE, SCOPE, AIMS AND ACTIVITIES

Art. 1 Title

Under the name of “Cancer Care Javea” (Support for cancer patients) an ASSOCIATION is constituted under the provisions of the Organic Law 1/2002, of 22 March, regulating the Right of Association, and under the protection of the provisions of Article 22 of the Constitution, with no profit motive.

Art. 2 Legal personality

The Association has its own legal personality and full capacity to act in order to administer and dispose of its assets and to fulfil the aims it sets out to achieve.

Art. 3 Domicile V Scope of action

The Association has its registered office at:

Avenida del Pla número 122, Local 7, Conjunto residencial La Plaza, 03730, Jávea, Alicante.

The Association will mainly carry out its activities in the Valencian Community.

Art. 4 Purposes

The existence of this association is aimed at:

Support and assistance to private and/or public health associations and/or institutions that work against the disease of cancer, with medical treatments or research studies, by obtaining economic funds from donations from private individuals and legal entities.

Art. 5 Activities

The following activities shall be carried out in order to fulfil the purposes listed in the previous article:

The fundamental basis of this Association is the collection of donations, subsidies from public entities, membership fees, and their subsequent delivery to entities that act against the disease of Cancer.

The activities will include the organisation of charity markets, social events, charity meals and cultural events. There is also the possibility for the association to hold meetings, talks, conferences, workshops, seminars and courses, among others.

All activities will be carried out in compliance with the current legislation regulating each of them.

The profits obtained from the activities carried out by the entity shall be used exclusively for the fulfilment of the general interest purposes indicated in these statutes.

The Association shall not engage in the provision of commercial services for remuneration.

CHAPTER II. THE ASSOCIATES

Art. 6 Capacity

Membership of the Association shall be open to all natural and legal persons who, freely and voluntarily, have an interest in the development of the aims of the Association in accordance with the following principles:

1. Natural persons who have the capacity to act and who are not subject to any legal condition for the exercise of the right.
2. Unemancipated minors over fourteen years of age must have the documented consent of the persons who must substitute for them.
3. Legal persons, subject to the express agreement of their competent body.

They shall submit a written application to the representative body, which shall take a decision at its first meeting; if the applicant meets the conditions required by the statutes, the representative body may not refuse admission. Membership is non-transferable.

Art. 7 Rights of Members

The rights to which members are entitled are as follows:

1. To participate in the activities of the Association and in the governing and representative bodies, to exercise the right to vote, as well as to attend the General Assembly, in accordance with the Statutes. In order to be a member of the representative bodies, it is an essential requirement to be of legal age, to be in full use of one’s civil rights and not to be subject to the grounds for incompatibility established in current legislation.
2. To be informed about the composition of the governing and representative bodies of the Association, the state of its accounts and the development of the Association.
3. of their activity. They will be able to access all information through the representative bodies.
4. To be heard prior to the adoption of disciplinary measures against him/her and to be informed of the facts giving rise to such measures, and reasons shall be given for any decision imposing the sanction.
5. To challenge the resolutions of the Association’s bodies which it considers to be contrary to the Law or the Statutes.

Art. 8 Duties of Members

The duties of the partners are:

1. Share the aims of the Association and collaborate to achieve them.
2. To pay the dues, subscriptions and other contributions which, in accordance with the Statutes, may correspond to each member.
3. Fulfil all other obligations resulting from the provisions of the Articles of Association.
4. To abide by and comply with the agreements validly adopted by the governing and representative bodies of the association.

Art. 9 Causes of withdrawal

They are grounds for withdrawal from the Association:

1. The interested party’s own wishes, communicated in writing to the representative bodies. He/she may receive the initial equity participation and other financial contributions made, not including the association membership fees, provided that the reduction in equity does not imply any harm to third parties.
2. Failure to pay the fixed dues, if you fail to do so for two consecutive months.

Art. 10 Penalty Regime

Members will be separated from the Association due to sanctions when they commit acts that make them unworthy of continuing to belong to the Association. It will be presumed that this type of act exists:

1. a) When the associated person deliberately prevents or puts obstacles to the fulfillment of the corporate purposes.
2. b) When intentionally hindering the functioning of the governing and representative bodies of the Association.

In any case , for the imposition of the sanction of separation by the governing body, it will be necessary to process a disciplinary file instructed by a body other than the one competent to resolve it and that guarantees the rights of the associated persons to whom the procedure is instructed. to be informed of the accusation and to formulate allegations against it, as well as to the notification of the General Assembly. The disciplinary decision will be motivated. The statute of limitations for offenses and sanctions will be 3 years.

Offenses.

Violations against good social order that may be penalized are classified as minor, serious and very serious.

Very Serious Offenses.

They are considered VERY SERIOUS disciplinary infractions:

1. All those actions that harm or hinder the achievement of the aims of the association, when they are considered very serious.
2. Non-compliance or conduct contrary to the statutory and/or regulatory provisions of the Association, when considered very serious.
3. Failure to comply with the agreements validly adopted by the association’s bodies, when they are considered very serious.
4. Protests or angry and offensive actions that prevent the holding of assemblies or meetings of the Board of Directors.
5. Participate, formulate or write, through any means of social communication, statements that seriously damage the image of the association.
6. The illegitimate usurpation of powers or powers without the mandatory authorization of the entity’s competent body.
7. Seriously assaulting, threatening or insulting any associate.
8. The induction or complicity, fully proven, to any partner in the commission of offenses considered as very serious.
9. Violation of sanctions imposed for serious or very serious misconduct.
10. All offenses classified as minor or serious and whose physical, moral or economic consequences, fully proven, are considered very serious.
11. In general, conduct contrary to good social order, when considered very serious.

         Serious Offenses:

They are punishable offenses within the social order and will be considered as SERIOUS:

1. Violation of sanctions imposed for minor infractions.
2. Participate, formulate or write through any means of social communication, statements that seriously damage the image of the association.
3. The induction or complicity, fully proven, of any associate in the commission of any of the offenses considered serious.
4. All offenses classified as minor and whose physical, moral or economic consequences, fully proven, are considered serious.
5. The reiteration of a minor fault.
6. Non-compliance or conduct contrary to the statutory and/or regulatory provisions of the association, when considered serious.
7. Failure to comply with the agreements validly adopted by the bodies of the association, when they are considered serious.
8. In general, conduct contrary to good social order, when considered serious.

         Minor infractions:

1. The lack of attendance during four consecutive occasions to the general assemblies, without any justification.
2. All those behaviors that prevent the correct development of the activities of the association, when they are considered minor.
3. Mistreatment of the Association’s movable or immovable property.
4. Any misconduct in relations with partners.
5. The induction or complicity, fully proven, of any associate in the commission of offenses considered as minor.
6. Non-compliance or conduct contrary to the statutory and/or regulatory provisions of the entity, when they are considered minor.
7. In general, conduct contrary to good social order, when considered as minor.

Infractions of the members of the Board of Directors:

VERY SERIOUS:

1. The non-convening in the legal terms and conditions, systematically and repeatedly, of the bodies of the association.
2. The incorrect use of the entity’s funds.
3. The abuse of authority and the illegitimate usurpation of powers or powers.
4. Inactivity or abandonment of functions that implies a very serious breach of their statutory and/or regulatory duties.

SERIOUS:

1. Failing to provide associates with the documentation of the entity that is required by them (statutes, minutes, internal regulations, etc.).
2. Failing to facilitate the access of associates to the entity’s documentation.
3. Inactivity or abandonment of functions when they cause serious damage to the proper functioning of the entity.

LIGHT:

1. Inactivity or leaving duties, when they are not considered very serious or serious.
2. The non-convening of the bodies of the association in the legal terms and conditions.
3. Conduct or actions contrary to the proper functioning of the Board of Directors.
4. Failure to attend a meeting of the Board of Directors, without just cause.

sanctions

The sanctions that can be applied for the commission of very serious infractions, listed in the Very serious infractions article, will be the loss of associate status or temporary suspension in such condition for a period of one year to four years, in an appropriate proportion to the offense committed.

Serious infractions, listed in the article Serious infractions, will give rise to temporary suspension in associate status for a period of one month to one year.

The commission of infractions of a minor nature will give rise, as regards those related in the article minor infractions, to the reprimand or temporary suspension of the associate for a period of one month.

The infractions indicated in the article Infractions of the members of the Board of Directors will give rise, in the case of very serious ones, to the cessation of their functions as a member of the Board of Directors and, where appropriate, to the disqualification to hold positions on the Board again. governing body; in the case of serious ones, the cessation for a period of one month to one year, and if the offense committed is of a minor nature, the reprimand or suspension for a period of one month.

Sanctioning procedure.

For the adoption of the sanctions indicated in the previous articles, a disciplinary file will be processed, in which the associate has the right to be heard prior to the adoption of disciplinary measures against him, and to be informed of the facts that give rise to to such measures, and must be motivated, where appropriate, the agreement that imposes the sanction. The instruction of disciplinary procedures corresponds to the Board of Directors, appointing for this purpose, the members of the same that are entrusted with said function; If a file is processed against a member of the Board of Directors, the latter may not be part of the examining body, and must refrain from speaking and voting at the meeting of the Board of Directors that decides the provisional resolution thereof. The examining body for disciplinary procedures will be made up of a President and a Secretary. The President will order the Secretary to carry out those preliminary procedures that he deems appropriate in order to obtain the appropriate information on the commission of infraction by the associate. In view of this information, the Board of Directors may order the proceedings to be archived or agree to initiate a disciplinary file. In the latter case, the Secretary will send the interested party a document in which he will reveal the charges against him, to which he may reply, alleging in his defense what he deems appropriate within a period of 15 days, after which, it will pass the matter on to the first meeting of the Board of Directors, which will agree as appropriate; the agreement must be adopted by three fourths (¾) of the members of said representative body. The resolution adopted will be provisional. The associate may file an appeal before the General Assembly within a period of fifteen days from the day following the day on which the resolution is received. If no appeal is filed within the indicated period, the resolution becomes final. The General Assembly will adopt the appropriate resolution in relation to the disciplinary or sanctioning file; The alleged offender may not be part of this General Assembly, the resolution adopted by it must be approved by three-fourths (¾) of its members.

Prescription.

The infractions will prescribe after three years, one year or one month, depending on whether they are very serious, serious or minor, beginning to count the prescription period the day after the effective knowledge by the Board of Directors of the commission of the infringement. The limitation period will be interrupted by the initiation of the disciplinary procedure, with the knowledge of the interested party, but if the interested party remains paralyzed for a month for reasons not attributable to the associate, the corresponding period will run again. The sanctions will prescribe after three years, one year or one month, depending on whether they correspond to very serious, serious or minor infractions, beginning to count the limitation period from the day following that on which the resolution becomes final. which the sanction was imposed.

CHAPTER III. THE GOVERNING BODY

Art. 11 The General Assembly

The General Assembly is the supreme governing body of the Association, made up of the members in their own right and in absolute equality, which adopts its resolutions by the majority principle or internal democracy.

All members shall be bound by the resolutions of the General Assembly, including those absent, dissenting and those present but abstaining from voting.

Art. 12 Meetings of the Assembly

The General Assembly shall meet in ordinary session at least once a year, and must be held between February and March.

The General Assembly shall meet in extraordinary session whenever necessary, at the request of a number of members representing at least ten percent of the total number of members.

Art. 13 Convocation of Meetings

Both ordinary and extraordinary General Assemblies shall be convened in writing. Notices of convocation shall be posted in the usual places at least fifteen days in advance. Whenever possible, all members shall be called individually. The notice shall state the day, time and place of the meeting, as well as the agenda.

The meetings of the General Assembly shall be conducted by the President and the Secretary.

The Secretary shall draw up the minutes of each meeting, which shall contain an extract of the deliberations, the text of the resolutions adopted and the numerical result of the votes. At the beginning of each meeting of the General Assembly, the minutes of the previous meeting shall be read out for approval or disapproval.

Art. 14 Competence and validity of agreements

The Assembly shall be validly constituted on first call with the attendance of at least one third of the members present or represented; and on second call, whatever the number of members present or represented, it shall be held half an hour after the first call and in the same place.

At meetings of the General Assembly, each member of the Association shall have one vote.

They fall within the competence of the General Assembly:

1. To approve, where appropriate, the management of the representative body.
2. To examine and approve or reject the annual income and expenditure budgets, as well as the Annual Report of activities.
3. To establish the general lines of action that will enable the Association to fulfil its aims.
4. To take all measures to ensure the democratic functioning of the association.
5. To fix the ordinary or extraordinary fees.
6. To elect and dismiss the members of the representative body.
7. Expulsion of members, at the proposal of the representative body.
8. Forming and joining federations.
9. Application for a declaration of public utility
10. Dissolution of the Association.
11. Amendment of statutes.
12. Disposition and disposal of assets.
13. Adopt resolutions concerning:

• To ratify the additions of members agreed by the representative body and to agree definitively on their cancellations.
• Agree on the union of associations, the integration into federations or confederations, the separation of associations, as well as the creation of and participation in coordinating or other specific organisations.
• Application for the declaration of public utility or public interest of the Comunitat Valenciana.
• To agree to the dissolution of the Association.
• Amendment of the Statutes.
• Disposition and disposal of assets.
• Remuneration, if any, of the members of the representative body, which must appear in the annual accounts approved by the Assembly.
• To approve the Internal Regulations of the Association.
• Any other that does not correspond to another body of the Association.

Resolutions shall be passed by a simple majority of the persons present or represented, when the affirmative votes outnumber the negative votes. However, a qualified majority of the persons present or represented shall be required, which shall result when the affirmative votes exceed half, for resolutions relating to dissolution of the association, amendment of the Articles of Association, disposal or alienation of assets and remuneration of the members of the representative body, provided that the corresponding assembly has been specifically convened for this purpose.

CHAPTER IV. THE REPRESENTATIVE BODY

Art. 15 Composition of the representative and management body.

The Association shall be governed, administered and represented by a representative body called the Board of Directors, consisting of the President, Vice-President, Secretary, Treasurer and and a number of ‘Vocales’ which may not be less than two or more than four.

The election of the members of the representative body shall be by free and secret ballot of the members of the General Assembly.

The candidacies will be open, that is to say, any member will be able to present themselves, being essential requirements: to be of legal age, to be in full use of civil rights and not to be incurs in the reasons of incompatibility established in the current legislation, being elected for the positions of President, Vice-president (if any), Secretary, Treasurer and ‘Vocales’ who have obtained the highest number of votes, in that order..

The offices of president, vice-president, secretary and treasurer must be held by different persons.

The exercise of the offices of any of the representative bodies shall be free of charge.

Art. 16 Term of office of the representative body.

The members of the representative body shall hold office for a period of three years, and may be re-elected indefinitely.

Termination before the expiry of the statutory term may be due to:

1. Voluntary resignation submitted in writing, stating the reasons for the resignation.
2. Illness incapacitating him/her for the exercise of the office.
3. To cease to be a member of the Association.
4. Sanction imposed for misconduct in office.

Vacancies occurring in the representative body shall be filled at the first General Assembly to be held. However, the representative body may, provisionally, until the next General Assembly, have a member of the Association fill the vacant position.

Art. 17 Powers of the representative body

The representative body has the following powers:

1. To hold and exercise the representation of the Association and to carry out the management and administration of the Association to the fullest extent recognised by law and to comply with the decisions taken by the General Assembly, and in accordance with the rules, instructions and general guidelines established by this General Assembly.
2. To take the necessary resolutions for appearing before public bodies, for the exercise of all kinds of legal actions and for lodging the pertinent appeals.
3. To decide on the admission of new members, keeping an updated list of all members.
4. To propose to the General Assembly the establishment of the dues to be paid by the members of the Association.
5. To convene General Assemblies and to ensure that the resolutions adopted there are complied with. In particular, and with regard to agreements on the modification of the Statutes, the Register of Associations shall be notified of the content of the modification within a period of one month from the date of the Assembly called for this purpose.
6. To present the balance sheet and statement of accounts for each financial year to the General Assembly for approval, and to draw up the budgets for the following financial year.
7. To keep accounts in accordance with specific rules so as to obtain a true and fair view of the entity’s assets and liabilities, profit or loss and financial position.
8. To carry out the inventory of the Association’s assets.
9. To draw up the annual report of activities and submit it to the General Assembly for approval.
10. To provisionally resolve any unforeseen cases in the present Statutes and to report to the first subsequent General Assembly.
11. Any other powers not specifically attributed in these statutes to the General Assembly.

Art. 18. Meetings of the representative body

The representative body, previously convened by the chairman or the person who replaces him, shall meet in ordinary session as often as its members decide, which in any case may not exceed two months. It shall meet in extraordinary session if so requested by one third of its members.

The representative body shall be validly constituted with prior convocation and a quorum of half plus one of its members.

The members of the representative body are obliged to attend all meetings called, and may be excused for justified reasons. In any case, the attendance of the Chairman and the Secretary or the persons substituting them shall be required.

In the representative body, resolutions shall be passed by a simple majority of votes of those present. In the event of a tie, the chairman shall have the casting vote.

The resolutions of the representative body shall be recorded in the minutes book. At the beginning of each meeting of the representative body, the minutes of the previous meeting shall be read out for approval or correction.

Art. 19 The President

The president of the Association shall also be chairman of the representative body.

The following functions pertain to the President:

1. Those of management and legal representation of the Association, by delegation of the General Assembly and the representative body.
2. Chairing and conducting the discussions of the governing and representative bodies.
3. To sign the notices of meetings of the General Assembly and of the representative body.
4. To endorse the acts and certificates drawn up by the secretary of the Association.
5. The remaining powers inherent to the office and those delegated to it by the General Assembly or the representative body.

In the event of absence or illness, the Chairman shall be replaced by the Vice-Chairman or the oldest ‘Vocal’ of the Board.

Art. 20. The Treasurer

The Treasurer shall be responsible for the custody and control of the resources of the Association, as well as the preparation of the budget, the balance sheet and the settlement of accounts, in order to submit them to the representative body in accordance with Article 17 of these Statutes. He shall sign receipts, dues and other treasury documents. It shall pay the invoices approved by the representative body, which must first be approved by the chairman. The disposition of funds shall be determined in Art. 25.

Art. 21 The Secretary

The secretary must keep custody of the Association’s documents, draw up and sign the minutes of the meetings of the governing and representative bodies, draw up and authorise the certificates to be issued, and keep the list of members up to date.

CHAPTER V. THE FINANCIAL REGIME

Art. 22 Initial assets and economic resources

The assets of the Association consist of all its assets and rights.

The annual budget shall be approved each year at the Ordinary General Assembly.

The financial resources of the Association will be provided by:

1. From the dues fixed by the General Assembly for its members.
2. Official or private subsidies.
3. Donations, inheritances and/or legacies.
4. From the income of the same assets or from other income that they may obtain.

Art. 23 Profits from activities

The profits obtained from the exercise of economic activities, including the provision of services, shall be used exclusively for the fulfilment of the purposes of the Association, and under no circumstances may they be distributed among the members or among their spouses or persons living with them in a similar relationship of affectivity, or among their relatives, nor may they be transferred free of charge to individuals or legal entities with a lucrative interest.

Art.24. Fees

All members of the Association are obliged to support it financially, by means of dues or contributions, in the manner and in the proportion determined by the General Assembly on the proposal of the representative body.

The General Assembly may establish entrance fees, regular monthly fees, and extraordinary fees.

The financial year will close on 31 December.

Art. 25 Disposition of funds

Current accounts or savings accounts opened in credit institutions must bear the signatures of the president, the vice-president, the treasurer and the secretary.

Two signatures, one of which must be that of the Treasurer or of the President, shall be sufficient for the disposal of funds.

CHAPTER VI. DISSOLUTION OF THE ASSOCIATION

Art. 26 Causes for Dissolution and Delivery of the Remaining Amount

The Association may be dissolved:

1. If so agreed by the General Assembly convened expressly for this purpose and with the favourable vote of more than half of the persons present or represented.
2. For the reasons set out in Article 39 of the Civil Code.
3. By final court judgement.

Art. 27 Settlement

The dissolution of the association opens the liquidation period, until the end of which the entity retains its legal entity.

The members of the representative body at the time of dissolution become liquidators, unless the General Meeting appoints others, or such others as the judge, if any, may decide.

The liquidators shall be responsible for the integrity of the association’s assets:

1. Conclude outstanding operations and carry out new operations required for settlement.
2. Collect the association’s receivables.
3. Liquidate assets and pay creditors.
4. To apply the surplus assets of the association to the purposes provided for in the Statutes.
5. Request the cancellation of the entries in the relevant register.
6. Collect the association’s receivables.
7. Liquidate assets and pay creditors.
8. To apply the surplus assets of the association to the purposes provided for in the Statutes.
9. Request the cancellation of the entries in the corresponding Register.
10. Collect the association’s receivables.
11. Liquidate the assets and pay creditors.
12. To apply the surplus assets of the association to the purposes provided for in the Statutes.
13. Request the cancellation of the entries in the corresponding Register.

In the event of insolvency of the association, the representative body or, if applicable, the liquidators must immediately initiate insolvency proceedings before the competent court.

The net balance resulting from the liquidation will go directly to any non-profitable association or entity that aids and supports cancer patients. The latter entity will be designated by the liquidator(s).

Members are not personally liable for the debts of the association.

The members or holders of the governing and representative bodies and other persons acting in the name and on behalf of the association shall be liable to the association, to the members and to third parties for damages caused and debts incurred by willful, culpable or negligent acts.

CHAPTER VII.- CONFLICT RESOLUTION

Article 28 Dispute resolution

In accordance with the provisions of article 40 of Organic Law 1/2002, of 22 March, regulating the Right of Association, any litigious matters that may arise in relation to the private legal transactions of associations and their internal functioning shall be subject to the jurisdiction of the Civil Jurisdiction.

The agreements and actions of the associations may be challenged by any member or person accrediting a legitimate interest. Members may challenge the agreements and actions of the associations which they consider to be contrary to the Statutes, within a period of forty days from the date of their adoption, requesting their rectification or annulment and preventive suspension where appropriate, or accumulating both claims through the procedures established in the Law on Civil Proceedings.

Notwithstanding the above, disputes may also be settled out of court by arbitration, through a procedure in accordance with the provisions of Law 36/1.988 of 5 December 1988 on Arbitration, and subject, in all cases, to the essential principles of hearing, contradiction and equality between the parties.

FINAL STAGE – CERTIFICATION OF AMENDMENT TO THE ARTICLES OF ASSOCIATION

Subsidiary to the Statutes and the agreements validly adopted by its representative governing bodies, in all matters not provided for in these Statutes, the current Organic Law 14/2008, of 18 November, of the Generalitat Valenciana regulating the Right of Associations and complementary provisions shall apply.

CERTIFICATION: To state for the record that the present Statutes are a modification of those approved on 29.08.2002 and that such modification has been approved by agreement of the Extraordinary General Assembly on 24.04.2019 in order to adapt them to the provisions of the Organic Law 1/2002, of 22 March, regulating the Right of Association.

In Jávea on ______, _________, of 2022

President

Secretary