Асоціація підприємств інформаційних технологій України

4. Members of the Association

4.1. Membership in the Association

4.1.1. The Association admits new members and allows for an exit therefrom.

4.1.2. Any business entity, legal entity acting in the IT-area, which carries out its activities in line with the laws of Ukraine and agrees to perform the duties vested upon it by the Association Charter, may become a Member of the Association. Membership in the Association is based on non-discriminatory grounds.

4.1.3. Members of the Association are its founders, as well as legal entities that entered the Association after its state registration.

4.1.4. Founders of the Association and legal entities that enter the Association after its state registration have equal rights and duties. The provisions of this Charter apply to the founders of the Association, as well as to its other members in the same way.

4.1.5. The Association has two membership categories: full and associated.

4.1.6. Membership in the Association becomes effective:

a) for full members – after the Association General Meeting makes respective decision; and

b) for associated members – after the Association Management Board makes respective decision.

4.1.7. Founders of the Association become full members as of the moment of the Association’s state registration.

4.1.8. Members of the Association (legal entities) participate in the Association’s activities via their authorized representatives (natural persons) in accordance with the procedure set forth by this Charter.

4.1.9. Relations between the Association and its participants, their mutual rights and duties are governed by the present Charter.

4.1.10. The General Meeting of the Association addresses applications and complaints of the Association members relating to the decisions of the Management Board, and actions of the Management Board Chairman and the Executive Administration.

4.2. Rights and duties of the Members of the Association

4.2.1. Members of the Association have the right:

а) to participate in the General Meeting of the Association. Full members participate in the General Meeting with the right of decisive vote, and associated members – with the right of advisory vote;

b) to head and participate in the management and working bodies of the Association;

c) by invitation of the Management Board – to participate in the meetings of the Management Board and other bodies of the Association with the right of advisory vote;

d) to bring for review and participate in the Association Management Board’s discussion of proposals on any matters of the Association’s activities, including proposals relating to election or recall of certain members of the Association’s management bodies;

e ) to receive reports on the activities of the Association, its working bodies, the Executive Administration; to obtain information about the Association’s plans and programs, as well as about its funds’ use;

f) to apply to the Association’s management bodies in connection with any matters relating to its activities;

g) to use services of the Association;

h) to count upon the assistance of the Association and each of its members; and

i) to use the Association’s logo in line with the By-law on the Association’s logo.

4.2.2. Members of the Association are obliged:

а) to comply with provisions of the Association Charter and resolutions of the General Meeting;

b) to participate in the implementation of the Association’s chartered aims and objectives;

c) to pay entrance, membership and special-purpose fees in timely manner;

d) to provide information on organizational and legal changes to the Association Executive Administration;

e) to be guided by ethical principles in their activities; and

f) to take care to maintain good reputation of the Association.

4.3. Acquiring and termination of membership

4.3.1. Admission to the members of the Association and category change - to full member category - are carried out in line with the present Charter on the basis of an application filed with the Association.

4.3.2. The fact of entering the Association is confirmed by a membership certificate.

4.3.3. The Management Board of the Association establishes the rules and procedures for admission to the Association; the forms of applications for admission, attainment of full membership and exit from the Association; as well as the form of membership certificate.

4.3.4. Legal entities, whose term of associated membership in the Association is not less than three months, usually may become full members of the Association.

4.3.5. An application for admission to full members of the Association is reviewed by the Management Board, and the latter will make the decision on review of the application by the General Meeting. The decision on admission to full members is adopted by a simple majority vote of the Association’s full members attending the General Meeting.

4.3.6. Associated membership in the Association comes into effect after respective decision has been adopted by the Management Board of the Association.

4.3.7. Decisions on admission to associated members of the Association and on termination of their membership are made by a simple majority vote of the Management Board members attending the meeting. The Management Board’ decision on granting associated membership is final.

4.3.8. Membership in the Association terminates only if a member is expelled from the Association or if a member exits from the Association.

4.3.9. In case an Association member terminates its operations, its membership in the Association is also terminated. An Association member may also be expelled from the Association in case of non-compliance with the requirements envisaged by the legislation and the Association Charter, in particular, in case of such member’s failure to pay, on time and in the amount required, the fees envisaged by the General Meeting.

4.3.10. Any member of the Association may exit from it, having filed a written application to the Association Management Board.

4.3.11. Membership in the Association terminates:

а) for an active member – after the General Meeting makes respective decision; and

b) for an associated member – after the Management Board makes respective decision.