19th Council Meeting - Item 2.b) - Change of Statutes - Discussion

Council 19th Council Meeting
1

This thread is to be used in discussing point 2.b) of the Council Meeting

2

Humanity is required and necessary to add a new item to the agenda.
There is no Art. 13 (4) in the statutes as there is in the law of 07.08.2023:

Article 14 (8) Save in the cases provided for in Articles 6 and 8 Article 13 (2) of the Luxembourgish law of 21st April 1928 August 7, 2023 on non-profit associations (ASBL) and foundations, as amended, the meeting may legitimately consider items not announced on the agenda, provided that all present or represented members (Art 13(4)) of the Council are and so agree at the meeting by a simple majority vote of all the voting Ordinary Members.

Article 14 (8) Save in the cases provided for in Articles 6 and 8 Article 13 (2) of the Luxembourgish law of 21st April 1928 August 7, 2023 on non-profit associations (ASBL) and foundations, as amended, the meeting may legitimately consider items not announced on the agenda, provided that all present or represented members of the Council are present and/or represented and so agree at the meeting by a simple majority vote of all the voting Ordinary Members agree to this during the meeting by a vote of the unanimous consent of the members of the Council present or represented (Art 13 (3) **Law of 07.08.2023).**

The sentence concerning the quorum is missing:

Article 16 - Composition, Powers and Meeting of the Board
(14) The Board shall only validly deliberate if at least half of its members are present or represented. Its decisions shall be taken by a majority of the members present or represented.
[Note: Art. 6 (3) Law of 07.08.2023 : (3) Unless otherwise provided for in the statutes, the Board of Directors may only validly deliberate if at least half of its members are present or represented.]

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I have changed the proposal in this direction.

In this case, the statutes would provide an alternative to the quorum suggested but the law so no change is needed, unless you decide to submit a counter motion on this particular case.

4

I don’t understand this reasoning or the meaning of this sentence at all., so:

Yes, I propose the following counter-motion:

Explanation: In accordance with Article 6 (3) of the law of 7 August 2023, establishing a quorum, which stipulates that "Unless otherwise provided in the statutes, the board of directors may only validly deliberate if at least half of its members are present or represented. " and that none of the paragraphs of Article 16 (Composition, powers and meetings of the Board) of the statutes mention this.
Motion: Article 16 (14) is amended as follows by the following addition (in bold):

The Board may only validly deliberate if at least half of its members are present or represented. Its decisions are taken by a majority of the members present or represented.

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The law says that “the board of directors may only validly deliberate if at least half of its members are present or represented.” only applies if “[not] otherwise provided for in the statutes”.

The choice here is to not have the default apply and consider the present / represented board members without a quorum needed.

Are you submitting the motion as the delegate of an Ordinary Member ? Could you please add it to this thread please : Draft agenda for the 19th Council meeting

6

Is this new sketch from Monty Python’s Flying Circus?

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No, this is a weird copy and paste on my part, I don’t even know or remember where it might have come from as I was not reasearching Statelesness in the EU or whaterver from what I recall.

Sorry !

I should have fixed my message now which should make sense.

Monthy Python is great regardless