LAST AMENDED STATUTES SINCE 22/06/2019

Article 1 : Name

The organization has been established under the form of an Association without lucrative purpose under the name “Confederatie van het Personeel van de Notariaten van de Europese Unie”, in French “Confédération du Personnel des Notariats de l’Union Européenne”, and abbreviated as “CPNUE”

Article 2: Registred Office

The Association's registered office is established in the Brussels-Capital Region.

The address of the registered office may be transferred anywhere in the Brussels-Capital Region or the Flemish region of Belgium, by a simple decision of the administrative body, who has all powers to establish authentically the possible statutory change, although this can not lead to a change of the language of the statutes.

If, following the transfer of the registered office the language of the statutes must be changed, only the general assembly is authorized to take this decision,

in accordance with the requirements for a modification of the statutes.

The administrative seat is located in Belgium at the address of the general secretary of the “Koninklijke Beroepsvereniging van het Personeel van Belgische Notariskantoren.”

Additional offices can be established in each Member State.

Article 3 : Aims or Object of the Union

Within the European area, in all countries connected to the international association of the Latin notary (UINL):

Promoting social and professional ties between its members and the harmonization of their positions.
Studying, defending and developing the professional, moral and material interests of its members.
Transferring common decisions and wishes of its members to the European authorities, institutions and employers' associations.
Promoting social and professional ties between its members and the harmonization of their positions.
Collecting, treating and transmitting all information on an international level regarding to the personnel of the notary offices.
Coordinating various forms of training for all professional categories in the notary, and organizing congress days and training seminars, for the purpose of improving knowledge of European law and notarial law.
In service of, and or in collaboration with its members, performing all kinds of studies and research, for the purpose of the improvement and preferential treatment of the working conditions within the European area, and insuring and defending the interests of its members and developing and expanding its cooperation.
At the same time she does everything possible to establish and to promote the best relations among its members.
In addition, the association will take all measures for the establishment, outside her womb, of all institutions, useful to defend the moral and material interests of its members.
The association is also competent, on behalf of its members, legally to create and sign all European collective agreements relating to their professional and social interests: statute, employee labour contracts, pension, social fund…

This list is indicative and not restrictive, and insofar as these agreements are not subject to the competence of the national professional organizations

The association may appeal to groups of her choice which may provide their assistance to increase its chances of success; while they themselves coordinate the activities.

It may in the said groupings conclude any previous agreements that, which in its opinion, can promote the intended purpose.

The association is authorized publishing magazines and publications.

In addition, the non-profit organization can undertake all activities that directly or indirectly contribute to the achievement of its objective, including commercial and profitable business whose revenue will always be entirely devoted to the realization of its aims or object,

It’s forbidden to, directly or indirectly, distribute or provide any capital gain to the founders, members, directors or any other person, except for the self-interest purpose set out in the statutes. Any transaction in violation of this prohibition is null.

Article 4: Duration

The association is created without any limit on duration.

It can only be terminated by decision of the General Assembly, acting as for modifying the statutes.

Article 5 : members of the association

The association can be composed of

full members;
observing members; and
associate members

Full members

Are Full members of the association:

professional associations, unions, syndicates, associations and federations, of the personnel of notary offices of the Latin Law notary of the countries forming part of the European Union; such as Germany, Belgium, Austria, Spain, Estonia, France, Greece, Hungary, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, the Czech Republic, Slovakia and Slovenia; and this from the moment that these countries have joined this union in a separate Act of Accession.

Can be accepted as new full member, professional associations, unions, syndicates, associations and federations of the personnel of Latin Law notary offices of the countries newly joining the European Union.

Observing members

From the moment their country is an officially recognized candidate to join the European Union, they may be admitted by the General Assembly as observing member.

Observing members are invited to the general meeting but they have no voting rights.

Associate members

Can be admitted in their personal name and as an individual member as referred to below, only in an advisory capacity, as associate member:

Personnel of notary offices of the Latin Law notary of the countries forming part of the European Union:

where there are no professional associations, unions, syndicates, associations and federations of the personnel of notary offices of the Latin Law notary, or
when the existing professional associations, unions, syndicates, associations and federations, do not wish to join as an effective member of this association or would not be accepted.

This could involve both, personnel still on active duty, as retired personnel.

In their written demand for admission, they will have to prove that they are indeed active of retired personnel of the Latin law notary of the countries mentioned before.

Anyone who wishes to become a member must submit his request for admission in writing to the president or the secretary. This written request may be by letter or e-mail.

Admission of all types of members always requires a decision of the general meeting by a three / fourths majority of the votes.

The decision of whether or not acceptance must not be motivated.

This decision can not be appealed.

When there is in a particular Member State a national federation, any other association of that country, which is trying to be accepted by the NPA should prove to belong to the National Federation, and can not be accepted as a member by the CPNUE without express consent of that national federation.

Exclusion of members

Every member, both a full member, observing member or associate member, can be excluded from the union:

In case of a change in their legal status, so that they cease to belong to a country of the Latin notary, or
for the systematic failure to comply with the statutes or the special regulations which were approved by the general meeting;
In case of manifestly misconduct;
When their membership and their actions harm the interests of the association.

The exclusion always requires a decision with four / fifths majority of the votes, without taking into account the vote of the member which acts exclusion.

The vote on the termination of membership is secret.

Withdrawal of members

Each member (both an effective member, observing and an associate member) can resign from the organization at any time by announcing that resignation to the Board in writing.

The resignation of a member only starts after a cancellation period of 3 months.

If, due to the resignation of a member, the number of members falls below the legal or statutory minimum, the resignation will be suspended until a replacement is found after a reasonable period of time.

No member [effective member, acting member or joined member], nor the heirs or beneficiaries of a deceased member, can assert or exercise any claim to possession of the association.

Nor can they reclaim the contributions paid.

This exclusion of rights to possession of the association applies at all times: during membership, upon termination of membership for whatever reason, upon dissolution of the association, etc.

Rights and duties of members

All members can consult the register of members at the seat of the association.

To this end, they submit a written request to the administrative authority with whom they agree on a date and time of consultation of the register.

This register cannot be moved.

In addition, all members have all rights and obligations that are enshrined in the Code of Companies and Associations (hereinafter referred to as CCA).

Article 6 :

The number of full members may never amount to less than 4.

Only the full members may vote at the general meeting.

The active members are represented by the serving Presidents or by a member of the executive committee of the effective member, specially appointed by their executive committee.

Article 7: Membership fees

The full membership fees, to be payed by the members, are to be adopted by the General Assembly, based on the budgetary needs. The maximum payable amount of the contribution by each member is fixed on a maximum of 3000 Euro per year.

The membership fees payable by the observing members will determine the half of the membership fees for the full members.

The associate members, including the individual members referred to above, are not liable for membership fees.

Unless otherwise decided by the General Meeting, the membership fee is to be paid in quarterly installments, within the first 15 days of January, April, July and October .

The members of the association bear, by virtue of their obligations to the association, no personal obligation.

Article 8: The Organs

The association’s organs are:

a) The General Assembly

b) The administrative body

c) The Daily Management

Article 9: The General Assembly

The general meeting of effective members is the supreme body of the association.

It possesses full powers. The powers that have not been specifically delegated to the Association's other organs fall within its remit.

Within its exclusive remit are:

the amendment of the association's statutes,
the designation and dismissal of the President Vice-Presidents, and members of the executive council;
the approval of budgets and accounts,
the establishing of its members' membership fees
the deliberate dissolution of the Association,

any decision exceeding the limits of the other organs' powers.

Article 10 :

The General Assembly is held at least once a year by decision and on the President's invitation and, in addition, every time the general interest or the interests of the association so require or, furthermore, when requested by at least 3 full members.

General Assemblies are held in the location specified in the meeting notification. As far as possible, general meetings are held each time in a different Member State, in which case the local full member is in charge of the necessary logistical organization of this general meeting.

Observing and associate members may be part of the meeting, but only in an advisory capacity.

Article 11

Meeting notifications are sent by the President at least six weeks in advance. They contain the draft agenda.

The provisional agenda must always be transferred to the full members as provided in the preceding paragraph, and if appropriate to the observing members and associate member at least 3 weeks in advance.

Members can propose that new items be added to the agenda during the week after it is sent.

Any proposal signed by 3 full members is added to the agenda.

The agenda is finalised 10 days before the General Assembly and immediately sent to the members by email.

The general meeting is chaired by the President, and in case of absence, by the Vice President.

The General Meeting designates a secretary and two voting counters.

Article 12 : Minutes

Minutes are written by the Secretary, under the President's responsibility, and submitted to the administrative body for opinion, and they are adopted before any further deliberations by the next General Assembly.

Resolutions are communicated by any written means and sent to the members.

Article 13 : Deliberations

The General Assembly can only deliberate on principle on the basis of a reasoned written proposal that has been communicated in advance with the finalised agenda.

However, with the agreement of all the full members, the General Assembly can deliberate on other items proposed at the beginning of the session by one or more full members or by the President.

Article 14 : Vote

The General Assembly can only proceed to a vote if at least two thirds of the full members are represented.

The General Assembly's decisions are taken by absolute majority of the full members represented. In the event of an equal division of votes, the resolution is not adopted.

Only the Presidents of the CPNUE's full members, or the member of the bureau of the full member, specialy designed by their president, are entitled to vote.

Nevertheless, they can be represented at the General Assembly by a representative, who shall be a notary employee and who shall be provided with a written mandate giving full powers.

The mandate shall be handed to the President before the meeting begins.

Decisions related to amendments to the statutes shall be made with a three-quarters majority of the CPNUE's full members represented.

Each full member has only one vote.

If the CPNUE's President is not the President at national level or is no member of the executive council of a full member, he/she is not entitled to vote.

The decisions are binding on all members.

Article 15 : The Président and the order of meetings

The President supervises and stands for the implementation of the articles of association and special regulations.

He gives the order to the meetings.

He shall take all necessary steps to implement the decisions of the administrative body.

The Chairman can convene a meeting of the administrative body whenever the interests of the association require this. He is obliged to do so if at least 3 other members of the administrative body request this in writing.

Article 16 : The President's missions and powers with regard to CPNUE meetings.

The General Assembly and the administrative body are chaired by the CNUE President.

In consultation with the Executive Council, the President convenes the General Assembly, depending on current events and the CPNUE's political requirements.

The President chairs the meetings:
presents the items on the agenda, preferably based on written documents distributed prior to the meeting;
ensures adherence to the agenda,
reports on each item,
takes the floor and offers it to others, organises oral contributions,
coordinates round-table discussions,
summarises the discussions,
puts decisions and draft resolutions and positions to the vote,
ensures the follow-up of decisions that are adopted.

Article 17 : The Administrative Body and the Daily Management

The Administrative Body as provided for by the Belgian CCA is composed of 10 members maximum, from at least 4 different countries.

The Administrative Body

Consists of:

1 President

1 Vice-President

1 general secretary

1 treasurer

And can be completed with maximum

2 Deputy secretaries

1 Deputy treasurer (responsible for the member administration), and

added members.

The Deputy secretaries belong to a different country than the general secretary.

The deputy treasurer is belonging to a different country than the treasurer.

The Daily Management

Consists of: the President, the Vice-President, the general secretary, and the treasurer.

Article 18 : Missions and powers of the president

The President establishes the general guidelines, priorities and actions to be undertaken.

In cooperation with the Administrative Body, the President supervises the CPNUE Office's work and in particular:

monitors the accounts and Budget and any significant expenditure,
takes note of and, if necessary, writes letters regarding everyday policy in cooperation with the Administrative Body,
signs official correspondence or authorises the Administrative Body to do so,
follows the most important developments and determines any action to be taken
ensures good contacts between the members and encourages dialogue.
ensures (good) contacts with CNUE;
ensures that information is properly disseminated to all full members in general, at the same time and fairly;

consults the full members about any urgent issue by any quick written means and takes any necessary measures in agreement with the Executive Council, on condition that he/she informs the members without delay, as well as the next General Assembly..

Article 19 : The President's missions and powers with regard to the European institutions and other external bodies

The President is the CPNUE's spokesperson and expresses its common positions.

The President represents the CPNUE externally and acts on the CPNUE's behalf in virtue of the powers granted to him/her by the General Assembly or, in an emergency, by the Administrative Body.

The President gives a detailed account of his/her activities to the full members as soon as possible, particularly of those relating to the European authorities.

Article 20 : The President's missions and powers with regard to third parties

The President represents the CPNUE in the context of contracts agreed with third parties.

Article 21 : Designation

The President is elected for 2 years.

As a general rule, prior to election, the President will have completed a mandate as Vice-President within the Daily Management.

The President is elected by the General Assembly by a three-quarters majority of the votes cast on proposal by a full member

The right to nominate a candidate for election is granted to the full members in alphabetical order in French.

The CPNUE President is not necessarily the current national President of his country, but will preferably have carried out duties of presidency in the representative national bodies or has been a member of the executive board or must have a large professional or directors experience. He/she shall be specially appointed by his/her national President to carry out the duties of CPNUE president.

Article 22 : The Vice-President

The duration of the Vice-President's mandate shall be the same as that of the President.

The full member that follows the responsible for proposing a candidate for election as President, according to alphabetical order in French, is entitled to nominate a candidate for election as incoming Vice-President.

A candidate for the position of Vice-President shall be specially appointed by his national president to carry out the duties of CPNUE Vice-President.

The right to nominate a candidate president or candidate vice-president shall be exercised before the end of July of the year before the persons to be elected would come into office.

Article 23 : Eligibility of new effective members

New full members can only be elected or can propose a candidate for the mandate of president or vice-president after 3 full years after their admission.

Article 24 : The Daily Management

Acting fully transparently, independently and neutrally, and under the President's authority, the Daily Management is responsible for CPNUE logistics, administrative matters and for keeping members informed.

It is responsible for collecting and disseminating information on Community matters. It processes EU news when it first arrives.

In order to do this, it develops and maintains daily contact with the CPNUE and other European bodies and their representatives with a view to informing the full members.

It prepares, coordinates and organises the content of the CPNUE's meetings.

It provides the secretariat for the General Assemblies and the Administrative Body.

It helps the working groups and reporters with the practical and legal aspects of their work.

It assists with projects and helps implement the CPNUE presidency's priorities.

Article 25 : Guests and external professionals

For a very important topical issue, the CPNUE can receive guests and external professionals, according to conditions pre-established and pre-determined by the Assembly on proposal by the administrative body.

Article 26: Annual Accounts

The annual accounts are finalised on 31 December of each year, established in accordance with the law.

Article 27

The Association can be dissolved:

1 ° by a decision of the general meeting;

2 ° by law, as a result of a fact or event described by law or the articles of association;

3 ° by a judicial decision.

For the procedure to be followed in case of dissolution of the non-profit association, the association will comply with the provisions of articles 2:109 up to and including 2:149 of the CCA, including article 2:135 about dissolution and liquidation in one deed.

In the event of the CPNUE's dissolution, the General Assembly will decide on the allocation of the remaining assets, which shall be done in accordance with the objectives of the association.

Pursuant to the provisions of Section 2:132 of the CCA, the liquidation balance may not be paid directly or indirectly to members or administrators..

In the absence of a resolution of the general meeting,

the liquidators give a destination for the liquidation balance, as closely as possible with the goal for which the association was founded.

The members, the interested third parties and the public prosecutor can appeal to the court against the decision of the liquidators.

Article 28

In case of a dispute, the competent court is that of the jurisdiction where the company has its registered office on the day of the decision to dissolve

Article 29

The current Articles of Association will come into effect on the date of publication in the Belgian Gazette.

* Please note that the English version is not an official translation. Only the Dutch and French versions are legally binding.