Bylaws of ICMART - International Council of Medical Acupuncture and Related Techniques
Article I: Denomination and registered offices
§1 The present association is an international association with scientific purpose, having civil personality, and called "International Council of Medical Acupuncture and Related Techniques" (ICMART). It is a non-profit making organisation.
§2 This Association is governed by the Belgian Law of 25 October 1919, modified by the Law of 6 December 1954 and the law of 2 May 2002.
§3 The Registered Offices of the Association are now established at Brussels, Rue de l’Amazone 62, 1060 Brussels.
Article II: Object
§1 The objects of this Association are to:
(a) Group together Medical Associations of Acupuncture and/or Related Techniques which, in each country, admit to membership practitioners coming from a recognized institution at university level, medical, dental or veterinary, and are legally authorized to practice the whole range of medical, dental or veterinary techniques in their respective countries. Only the physician component (MD, DDS, DVM or equivalents) of the respective societies shall be included as ICMART members.
(b) To strengthen the links between these Associations by contacts or exchanges of information, persons or ideas.
(c) To contribute as far as its resources permit to cultural and scientific progress in research, clinical practice and theory of these therapeutic methods. To promote their application by those legally authorized in their countries to practice the whole range of medical, dental or veterinary techniques.
(d) To patronize the organisation of an International Medical Congress of Acupuncture and Related Techniques, for the programme and the quality of which the Association would provide support.
(e) To establish the list of all members of Member Associations, to prospect in countries or regions where there are still no Member Associations in order to create a group of Associations which would permit it to achieve its objects in the best possible manner.
To achieve its objects the association will undertake activities such as scientific, educational and organisational meetings, Symposia and Congresses. This list is purely an enunciation and is not limiting.
Article III: Members
§1 The Association is composed of:
(a) National Associations of Medical Acupuncture and/or Related Techniques. These Associations must be registered in their countries as juridical persons in a non-profit-making or equivalent form. They are the Full Members and participate in the voting according to the detailed procedure given in Article IV.
(b) Honorary Members: this title is conferred by the General Assembly, on a proposal from the Board, on certain Associations or persons, even if they are not specialists in the field of Acupuncture and/or Related Techniques, but who have rendered exceptional services to ICMART or have contributed significantly to furthering the aims of the Association. Honorary Members can be dispensed from paying registration fees for Congresses patronized by ICMART. They are not included in the national contingent and do not have to pay the annual subscription. They do not have votes in the deliberations.
(c) Observer Members: the capacity of Observer Member is attributed by the General Assembly, on a proposal from the Board, to an Association or person who can render services to ICMART. They have a consultative vote in the General Assembly.
(d) Benefactor Members: any person contributing gifts, legacies or subsidies to ICMART, the minimum amount of which shall be fixed by the internal regulations. They do not have votes in the deliberations.
§2 The admission of new Full Members is subject to the following conditions:
(a) They must be presented by two Full Members or Honorary Members of the Association, or by one of these and one member of the ICMART Board, and approved by the Board.
(b) They must submit their application by letter, email, facsimile, and/or electronic data transfer to the President in office.
(c) They must communicate the By-laws of their Association and a complete list of its members.
(d) They must present proof of the organisation and activities of the Association, or a curriculum vitae and a list of publications. Activities and publications must be devoted to the study of cultural or scientific problems raised by Acupuncture and/or Related Techniques.
(e) They must pay the necessary subscription without which the candidate, even if he has met all the other conditions, cannot participate in the voting system.
§3 (a) Members of ICMART can submit their resignation by registered letter to the President or General Secretary in office, but they are not dispensed from the subscription for the current year unless the resignation is received six months before the meeting of the Statutory General Assembly.
(b) The Board, meeting as a Committee of Honor, can, after having heard a member in question, personally in the case of an individual, or in the form of a delegate in the case of a juridical person, propose his exclusion to the General Assembly if it judges that the conduct of the member runs counter to the ICMART Articles of Association. This exclusion can be pronounced by the General Assembly only if it has been placed on the agenda and is supported by a two-thirds majority of the votes of voting delegates present or represented. The agenda may not mention the names of the member or members in question.
Article IV: Representation
§1 The principle is: one vote per Association or per group of Associations per country.
(a) If there is only one Association of Medical Acupuncture and/or Related Techniques per country that is a Full Member, it shall designate one or two national delegates, but only one of them will be entitled to vote.
(b) If there are several Associations of Medical Acupuncture and/or Related Techniques per country, which are Full Members of ICMART, each National Association shall elect one or two delegates.
(c) The national delegates shall be designated in each country from among the Presidents or General Secretaries of the National Association(s) or from among the members of the Boards.
Article V: General Assembly
§1 The Statutory General Assembly shall have the most extensive powers for furthering the object of the Association.
§2 It shall be composed of:
(a) National Delegates.
(b) Individual Honorary Members or a representative of each Association which is an Honorary Member.
(c) Observer Members.
§3 - It shall meet ipso jure, chaired by the President in office or by the General Secretary, on the following occasions:
(a) On the occasion of the International Congress, which it will patronize, and in the organisation of which it will participate, at the place where the Congress is held. The convening notice will be sent by the General Secretary or the President at least six months before the date of the Congress. The agenda shall be communicated at least six weeks in advance.
(b) On the occasion of any other event if the Board judges it necessary, or if one third of voting delegates request it by letter, email, facsimile, and/or electronic data transfer to the President. This Extraordinary General Assembly will be held in the place designated in the convening notice. This notice will be sent at least one month in advance and will include the agenda. The secretariat shall ensure that voting delegates are notified in good time.
§4 A voting delegate can have himself represented by a delegate of his country or by the voting delegate of another country who must hold a written proxy, or by proxy to the Board. However, each delegate may hold only one proxy.
§5 Apart from the exceptional cases provided for in these Articles of Association, resolutions shall be taken by simple majority of voting delegates present or represented.
§6 No decision may be taken on any matter not on the agenda except by the resolution of two-thirds of the voting delegates.
§7 The resolutions of the General Assembly shall be recorded in a special register in the form of minutes, signed by at least two Directors who have been present at the General Assembly, and/or kept in electronic form. A copy shall be sent to all Full Members and/or the minutes shall be presented in the next following ICMART Letter or via letter, email, facsimile and/or electronic data transfer.
§8 The General Assembly shall deliberate on the following questions:
(a) The representativity of voting delegates.
(b) The admission and revocation of Full Members.
(c) The presentation or election and revocation of members of the Board from among voting delegates.
(d) The report from the President.
(e) The report from the General Secretary and, where applicable, from other Directors.
(f) The audited report from the Treasurer on the accounts of the financial year elapsed and the budget for the following financial year.
(g) Reports from Committees where applicable.
(h) The amount of the annual subscription, fixed by the internal regulations after deliberation by the Board.
(i) Any proposal aimed at modifying the Articles of Association or dissolving the Association.
(j) Any other question on the agenda.
(k) The General Assembly shall approve the location of the next International Congress and shall designate the National Association that is to act as host.
(1) The only National Associations to be considered in this respect shall be those who have presented precise and clearly structured proposals and who have submitted their invitation at least six months before the day of the Assembly. ln the absence of such proposals, the General Assembly itself can make a suggestion.
(2) If, for one reason or another, a National Association is found to be incapable of organizing the International Congress, then the Board has the right to withdraw the designation and propose another.
(3) ln case of a tied vote, the President has the casting vote.
(4) A secret ballot must be granted as soon as a member requires it, and for affairs concerning persons. ln case of equality of votes by secret ballot, a fresh ballot will be held and the President in office will have two votes.
Article VI: Administration
§1 The Association shall be administered by a Board. This Board is the executive body of the Association. It is composed of between 7 and 15 members.
§2 The members of the Board shall be elected during or just prior to and presented at the Statutory General Assembly which is held during the International Congress patronized by ICMART.
(a) Elections of Directors and Officers: Directors and Officers except the Immediate Past-President shall be elected by mail, email, facsimile, and/or electronic data transfer ballot to hold office for two (2) years. Each such Director, including a Director elected to fill a vacancy, shall hold office until expiration of the term for which elected and until a successor has been elected and qualified.
(b) Nominating Committee. A Nominating Committee shall be appointed by the President and/or the General Secretary not less than 60 days before the Election of Officers and Directors. Membership of the Nominating Committee shall consist of five members including the General Secretary, the President as Chairman, two current Directors and at least one member at-large, appointed by the President. The Nominating Committee shall provide its recommendations to the membership for election of Officers and Directors. Once the Nominating Committee has received nominations and verified the qualifications of the nominees, the ballots will be transmitted to eligible voting delegates via letter, email, facsimile, and/or electronic data transfer.
§3 The General Assembly shall elect: a President, three Vice-Presidents (VPs), a General Secretary and, where applicable, an Assistant General Secretary, a Treasurer and, where applicable, an Assistant Treasurer, and Directors-at-large. The Board may elect an Honorary President. The Immediate Past-President shall serve the Board as an ex officio, voting Director. They shall constitute the Board and, as such, have the capacity of Directors.
§4 The terms of office of members of the Board shall end during the Statutory General Assembly held during the following International Congress patronized by ICMART. The President can be re-elected for a further two-year term, but can only serve for a maximum of four consecutive years. The other members of the Board can be re-elected. The President is not considered as a national delegate, and must therefore be replaced during his term of office, at the end of which he will automatically reassume his function. Members of the Board shall perform their functions free of charge.
§5 The candidates presented by the Board shall be such as to ensure geographica1 balance. They shall be communicated to all persons participating in the Statutory General Assemb1y at 1east six weeks before the Assemb1y. Voting de1egates can a1so present their candidatures for these posts by registered 1etter to the President, at 1east four weeks before the Statutory General Assembly.
§6 The General Secretary shall communicate the definitive 1ist of candidates to Member Associations at 1east two weeks before the Statutory General Assemb1y. If there is no candidate for a post, the Assemb1y can present one or more on the day of the Statutory General Assemb1y. The members of the Board can be revoked by the General Assemb1y ruling by a majority of two thirds of voting de1egates.
§7 The Board shall meet at least once per year or on special convocation from the President or the General Secretary, or on a motion of two thirds of its members notified to the President by registered 1etter. The reso1utions of the Board are taken by the majority of members present or represented.
(1) ln the case of a tied vote, the President has the casting vote.
(2) The Board has all powers of management and administration except for those expressly reserved to the General Assembly.
§8 All instruments committing the Association shall, except for special proxies, be signed by two Directors who shall not have to justify their authority to third parties.
§9 The Board can delegate day-to-day management to its President, to a Director, or to an official who can, if need be, receive such power as is deemed necessary to achieve one of the objects of the Association, for a limited time fixed by the Board.
§10 Legal proceedings, whether as plaintiff or defendant, shall be followed by the Board, represented by its President or by one of its members designated for that purpose by the President.
§11 The Board shall also meet once before each International Congress to discuss affairs concerning the Congress and activities of the Association that have to be presented to the Assembly. The members organizing the International Congress will also participate at this meeting, i.e. President, Vice-President, General Secretary and Treasurer, the previous President of ICMART and the President of the previous International Congress.
§12 The resolutions of the Board shall be recorded in a special register and signed by the President and the General Secretary, and conserved by the General Secretary, or kept in electronic format. A photocopy shall be sent by letter to all members of the Board.
§13 A Director may have himself represented by any other Director who, however, cannot hold more than one proxy.
Article VII: Budgets and Accounts
§1 The legal financial year shall be closed each year on 31 December. The Board is obliged to submit for the approval of the General Assembly the audited accounts of elapsed financial years and the budget for following financial years.
§2 The resources of the Association are constituted by:
(a) The annual subscription: this is determined by the Board which shall have the power to exempt or reduce the subscription of a member and to accept, when the laws of a country forbid transfers of money, an equivalent in invitations to colleagues, dispatch of books, papers, documents and other indirect participations to be determined by the Board of Administration after consultation with the country concerned.
(b) The annual subscription shall serve to cover the administrative expenses of the Association. It shall be paid by March 31 of each year by the Treasurer of each National Association.
(c) Where applicable, a supplementary subscription required by the members of the Association and with the approval of the Board.
(d) Gifts, legacies, subsidies and any other form of revenue.
Article VIII: Vehicular languages and Publications
§1 The official languages of the Association are French and English, but another language may be used in discussions on condition that translation is possible.
§2 No publication may be made in the name of the Association without prior examination and approval by the Board, advised where applicable by Committees.
Article IX: Modification to the Articles of Association and Dissolution
§1 Any proposal aimed at modification of the Articles of Association or at dissolution of the Association must emanate from the Board or from one third of the voting delegates of the Association. The Board must communicate this proposal to Full Members of the Association by letter, email, facsimile, and/or electronic data transfer, at least two months before the date of the General Assembly that is to rule on this proposal. No decision will be taken unless it has the majority of two thirds of voting delegates of the Association. However, if this Assembly does not comprise two thirds of the voting delegates, an extraordinary General Assembly shall be convened in the same conditions as above, and shall definitely and validly rule on the proposal in question, by a simple majority of voting delegates present or represented. The General Assembly shall fix the method of dissolution and liquidation of the Association.
Article X: General Provisions
§1 Everything not provided for by these Articles of Association, shall be governed in conformity with the provisions of the legislation in force on non-profit-making international organisations.