“PERMANENT FOUNDATION G. GIULIANI” (PFGG)
non-profit organization (NPO)

STATUTE
Title I


Constitution
Denomination

 

The Permanent Foundation "Gioacchino Giampaolo Giuliani" (PFGG) is a non-profit organization (NPO) made up of individuals, legal person and national and international corporations which accept the rules established by this Statute.

1. Aims
a. The diffusion and increase of knowledge in favor of man, the safeguarding of human dignity and fundamental rights, which are pre-existing and more important than the society or any other order (legal, religious, racial, etc.) as these qualities were born with the individual and make up his first and inalienable heritage.
b. Promoting and carrying out research activities in the disciplines of Physics of the Earth: Seismology, Geophysics, Volcanology and their applications, including the study of physical and chemical phenomena as precursors of earthquakes and volcanic eruptions, and the assessment methods of seismic, volcanic, hydrogeological and dangerous territory hazards, also in collaboration with Italian and foreign Universities, national and international Institutions, other public and private national subjects, EU and international.
c. Planning and coordinating research programs aimed at systematic investigation of seismological, geophysical, geochemical and volcanic phenomena, even by national, international and global observers.
d. Encouraging and promoting the return of Italian scholars working abroad back to our Country, through the provision of scholarships and financial aid for their research activities in Italy, promoting the development of scientific research in Italy, through the provision of grants or research contracts to deserving scholars and qualified scientific institutions to disseminate scientific and technical culture in the various branches of science through demonstrations, publication of books and journals, operations in press and television to develop qualified initiatives.
e. Providing support to the institutions, local authorities and organs responsible for the protection of peoples, information, research and consulting for the defense from earthquakes and potentially dangerous natural disasters.
f. Making data collected from its research, studies and articles available to the national and international scientific community, as well as data collected from monitoring networks, local, national and international which have been set up and managed with the direct and indirect cooperation of national and international organizations.
g. Stimulating, supporting and managing the results of research carried out by its own scientific network in favor of public and private Italian and EU organizations, for the development, pre-competitive development, and technology transfer.
h. Promoting cultural exchange and increased experience with research programs by awarding scholarships, training activities in cooperation with academic organizations, international conferences, higher education activities of post-graduates and permanent education activities, continuous and recurrent
i. Providing, in the pursuit of its goals, services to third parties under private law.
Within the Permanent Foundation Giuliani runs a special Scientific Committee with the function of coordination and selection of scientific activities, promoted by the Foundation itself.

2. Duration
The duration of the Foundation is unlimited.

3. Head office

The registered office is at Strada Vicinale Bazzano N. 11, 67100 L'Aquila - Italy
The Foundation may have other locations, even outside the country, which will be used exclusively for the pursuit of social goals.

4. Members
a. The Foundation is made up of founding members, ordinary members, special members and supporting members.
b. Founding members are those who attended the creation of PFGGG on 11/11/2010.
c. Ordinary members are those who, apart from paying the annual fees, participate in continuous and ongoing activities of the Foundation free of charge.
d. Supporting Members are those who pay an annual fee to the Foundation.
e. Ordinary and supporting members can also be: associations, institutions and legal persons, they, however, may not be members of the Governing Council.
f. The Foundation sets up the Register of Honor, in which members who have earned special merits in any field, with no limit, and who the Foundation considers to be one of its members shall be entered. On the register shall appear the names of all those who have achieved recognition, support of any kind from this Foundation, even if they are minors.

5. Admission
a. The admission of new members is decided by the Governing Council upon request of the person or legal representative concerned. Admission is tacitly accepted if, within thirty days of submission of application, the Council fails to deliver or communicate any opposition.
b. Anyone who is recognized in this Statute can be an ordinary member and primarily those who: have reached the age of twenty-five; can demonstrate acquired knowledge, through their studies and activities, even if these activities are non-exclusive or principal for the purpose of this Foundation; have carried out or are carrying out activities with a cultural or technical training referring to the social purpose, even in the world of voluntary associations with other charitable, cultural and research aims.
c. Those engaged in teaching at all levels, research of any type of structure either public or private, public employees, even if they do not hold a permanent position in any Public Corporation, Society and Association, still involved in activities compatible with the aim of the Foundation, professionals registered in Official Registers are independent of age constraints.
d. Supporting Members are not bound to any limit, only to have reached the age of majority under the provisions of Italian law, which is, eighteen years old, at the time of application to the Book of Supporting Members.
e. For all those who apply for membership, it is required that they be presented to the Foundation by two members with at least two years' service. During the first two years the presentation of existing members is sufficient.
f. The certificate of General Criminal Records, or specific self-made declaration, must be attached to the request of Foundation, always supported by the signatures of the two presenters.
g. Registration is carried out regardless of political affiliation, religion, sex, nationality, ethnicity, occupation and physical condition.

6. Resignation and exclusion
The loss of membership occurs:
a. by withdrawal, starting from the next social year after the member has submitted a written notice;
b. by exclusion, when there are serious reasons, a decision taken by the Appeals Board without formal procedure, taking into consideration the possibility of contradiction and the ratification of the pending decision by the assembly of members;
c. due to lack of participation in the activity of the Foundation.
The withdrawn or excluded member has no rights on the Foundation heritage


Title II
Administration


7. Honorary President
I. The Honorary President for life, of the Foundation is Mr. Gioacchino Giampaolo Giuliani, following the one time designation during the Constitution.
II. The Honorary President is a member of the permanent Board of Directors and the Scientific Committee of which he becomes Chairman, until his resignation from that role. He is exclusively entitled to vote at all meetings of the said Statutory Organs and has the right to special veto decisions in the processing of this Foundation.
III. The title of Honorary President assumes no liability as a result of the activities of the Foundation.

8. Presidency of the Foundation

I. The Foundation is legally represented by its President, who is elected by the Board of Directors among its members, who is also President of this Board. In case of his unavailability or absence, the Vice President (also having been elected by the Board of Directors) or a member of the Council delegated by the Governing Board shall take his role
II. The Presidents of the Board of Directors and the Scientific Committee may be assisted by two coordinators each, both nominated by them.
III. The Chairman of the Scientific Committee is responsible for developing the proposed annual plan of activities of the organization.
IV. Coordinators serve as the coordination of Associate Centres in the implementation of activities promoted by the Foundation.


9. Council of Honour

I. The Honor Council consists of the members of the Board of Directors and the Scientific Committee and the Chairman of the Board.
II. The Honor Committee is chaired by the Honorary President and two vice presidents who are: the Chairman of the Board of Directors and the Vice Chairman of the Scientific Board.
III. The Honor Council shall meet twice a year to deliberate on the proposals for specific activities and initiatives, for reporting names for inclusion in the specific registry, the concessions for contributions to research, scholarships and all activities in favor of those who consider themselves to be deserving of special recognition and the subsequent inclusion among the Honorary Members.
IV. The convocation is made by the Honorary President. Decisions must be taken with a majority of two thirds of those present and voting, either in first or second call.
V. In the case of giving financial support, the decision should be subject to the opinion of the Governing Council and the opinion of the Board. In the event these two bodies should both give negative opinion or opt for a reduction of the financial proposal, the decision must go back to the Council of Honour for an adjustment.
VI. All procedures must be finished within three months and at most during the first half of the year of competence.

10. Governing Council

I. The Foundation is governed by a Governing Council made up of seven elected members, including the President and Founding Members; the founding associates take part by right to life of the Board of Directors.
II. The founders are members of the Board for life.
III. At meetings of the Board of Directors the Founding Members with voting rights will also be invited.

11. Term of social office

The term of office of President, Vice President and elected members of the Council is four years. Outgoing members are always re-electable.

12. Replacing the Board

I. The elected councilors are expected to participate actively at all meetings. An elected Councilor, who is unjustifiably absent from three consecutive meetings, loses his position.
II. If a Council member ceases his functions for any cause during his term, the Council will have to replace him by naming the individual whose name appears at the top of the list of candidates voted but not elected.
III. The functions of the adviser appointed by the Council in this way will cease on the date on which he was to terminate the mandate of which he replaced.

13. Powers of the Board

The Governing Council has the most power to administer the assets of the Foundation and to do or authorize all acts and transactions of ordinary and extraordinary organization, excluding the ones decided by the assembly, in accordance with Article 33.

14. Administrative Powers

I. The Council may empower one of its members or any person, even outside of the Foundation, to carry out one or more determined negotiations, providing regular proxies.
II. The Council shall appoint a Secretary and Treasurer of the Foundation among the members of the Board.

15. Council deliberations

I. The Council shall meet whenever necessary and at least once a year, convened by the President or a majority of councilors.
II. The Council shall be effective when the majority of its members are present.

16. Validity of decisions

Decisions must be taken by absolute majority of present members. Voting by proxy or by post is not allowed.

17. Transcription of decisions

I. The deliberations of the Council are collected in a Minute Book, signed by the President and Secretary.
II. The extracts are considered to be related to the originals when they bear the signature of the President and Secretary.

18. Director

I. The Governing Council also appoints the Director, selected among its members.
II. There is no conflict between the position of Director and Chairman of the Governing Council.

19. Functions of the Director

The Director should:
a. arrange for execution of the acts of ordinary administration of the Foundation;
b. handle, after the binding opinion of the Governing Council, recruitment and dismissal of staff and all provisions concerning the relationships of employment and cooperation;
c. see to the functioning of the organization throughout its educational activities.

20. Gratuity of officers

The management positions are all completely free.

21. Heritage

The assets of the Foundation is made up of:
a. a social fund of EUR 1,000 (one thousand);
b. amounts set aside for any purpose until they are used;
c. any movable capital and real estate property acquired, resulting from the inventory book.

22. Income

The income of the Foundation shall consist of:
a. annual fees paid by members;
b. one-off contributions from associate members;
c. grants and contributions that the Foundation can obtain from the State and from public or private subjects destined for special targets, which have been imposed by such grants and contributions;
d. donations that the Foundation may be entitled to receive, permitted by current legislation and subjected to special target set by the donor or written in a will;
e. income from: conferences, courses and seminars, from guests attending meetings or activities of studies, research, training, training and retraining;
f. income from movable capital and real estate investment fund;
g. remuneration, fees and rentals charged for services rendered for popularization, assistance in research, training, teaching, publishing, education;
h. any private offering not expressly intended to increase its capital;
i. in general, any asset permitted by current legislation on research and social promotion associations, compatible with the rules of this Statute.

23. Provisions for future transformation

I. The transformation will happen at any time when the governing body, the Assembly of Members and the binding opinion of the Honorary Chairman, may decide.
II. The assets will be worth a total budget of five hundred thousand Euros, of which three hundred thousand in home equity and two hundred thousand in financial liquidity.
III. For the above reason, the amounts received in any capacity, a quota of 5% is set aside whose purpose is to achieve a total deposit equal to two hundred thousand Euros of assets in liquidation of the Foundation.
IV. There will be no withdrawals for the Fund Liquidity provision if the amount set aside is less than ten euros.

24. Reimbursements

I. The coverage of travel expenses, accommodation and participation in conferences, cultural events and research, to attend courses, lectures or seminars is provided by the portion established by the Governing Council as reimbursement of expenses in relation to changes in the cost of living and in relation to grants received.
II. The Foundation also promotes the participation of third parties, individual or legal persons, which are particularly highlighted in the research and activities in schools, universities and post graduate studies.
III. The Foundation, within the limits of their budget, decides each year, the amount of financial aid to be given to scholars, researchers, students of any kind and degree, for the completion of their studies or for activities related to their field of specialization.
IV. Such aid can be assigned on an economic basis, one-off or support of any kind, including educational travel awards, such as non-exclusive scholarships which expire, books, technical support such as computers, scientific instruments, and subscriptions to scientific journals, courses in Italy and abroad.
V. The Foundation can also act to provide aid to individuals, associations, foundations, NGO or organizations that operate in the social field and at special events, natural disasters, in this case the aid will have no limitation of destination or recipient, even it is given to more individuals.

25. Employment of members

Members when working for the Foundation may establish a normal working relationship with it.

26. Accounting

I. Required books are: journals, the inventory book, the book of meetings of the Governing Council, the Book of Houses, the register of shareholders, the book of the Board of Auditors and the Board of Arbitrators.
II. The fiscal year begins January 1st and ends December 31st of each year.
The Board of directors supplies to the compilation of the yearly statement or balance sheet and of the successive exercise budget, to subject for approval to the Assembly respective within March 31st and October 31st.
It is made obligation to employ the profits or the remains of management for the realization of the institutional activities and to those directly connected.
It is prohibited to distribute during the life of the organization, also in indirect way, profits and remains of management, reservoirs or capital, unless the destination or the distribution is not taxes for law or is carried out in favor of other NPO that for law, statute or regulations, takes part of the same and unitary structure.

27. Board of Auditors

I. It will provide the organization of the statutory body when expressly required by provisions of law or at the request of the Assembly.
II. The Board of Auditors is composed of three members and two more substitutes appointed among non-members.
III. It has a duration of three years.
IV. These members may be re-electable.
V. The Auditors shall ensure, individually, on the administrative management of the institution, examine the budget and accounts and report jointly to the Assembly.
VI. They may also attend meetings and meetings of the Board of Directors.

28. Scientific Committee

I. To achieve the goals that the Foundation has proposed, the Assembly may elect a Scientific Committee composed of five members, one of which is the Coordinator appointed by the President of the Governing Council.
II. The five members could also be persons who do not belong to the Foundation.
III. The Scientific Committee will remain in office for three years and its members can be re-electable.
IV. The Scientific Committee is a proactive organ in terms of technical and scientific advisory Council.
V. It shall draw up the proposal of the annual plan of activities to be submitted for approval by the Governing Council.
VI. The opinions of the Scientific Committee are not binding.

29. Appeals Board

The Appeals Board shall consist of three members elected every three years, by people also outside the Foundation. These members may be re-electable. They will be submitted to any dispute between the social partners and between them and the Foundation or its organs, to the exclusion of any other jurisdiction. They can render judgement ("ex bono et equo") without formal procedures. Their decision will be final.

 

Title III
Assembly

30. Representation
I. The assembly consists of the founders, ordinary members, extraordinary members and the supporting members. Each member may be represented by another one, with deliberation; no one can accumulate more than three votes including his own.
II. Members other than individuals are represented through their legal representative or an authorized person.

31. Convocation

I. The Assembly shall meet whenever the President deems necessary, and at least once a year upon convocation by posting notice in the Foundation boards, sending e-mail messages to members, entitled to it, twenty days before the meeting.
II. The President may also give notice by local press and internal newsletter.
III. Sending e-mail to addresses that each member has submitted upon application to the Foundation, does not imply any responsibility on behalf of the Foundation and its organs in the event of non-receipt, relying on the authenticity of the address filed. The member must inform the Foundation of an amendments made to the email address.
IV. The Assembly may also be convened at the request of at least one quarter of the members.

32. Presidency

The meetings are chaired by a member of the Assembly elected by the meeting, which also appoints a Secretary.

33. Deliberations

I. The ordinary meeting is validly constituted: in first call, with the participation of the majority, half plus one of the members; on second call, at least an hour later, with the participation of all the number of voters, whatever present or with deliberation, deliberation by the affirmative vote of one more than half of those present.
II. The extraordinary meeting is validly constituted as described above, and in case of dissolution of the Foundation, with the participation of two thirds of the members, and deliberation by the affirmative vote of two thirds of those present.

34. Transcription of decisions

The deliberations of the meeting are collected in the Minute Book and signed by the President and Secretary of the session.

35. Powers of the Assembly

The assembly could:
a. elect the President and Secretary of the session;
b. approve the budget and final accounts;
c. ratificate, where required by this Statute, the deliberations of the Governing Council;
d. elect the members of the Governing Council among its founding members, both ordinary and extraordinary;
e. appoint the Auditors and the Board of Arbitration;
f. appoint any resolution of the Foundation membership in associations and federations that are pursuing similar purposes;
g. act by any regulations and amendments thereto;
h. approve amendments to the Statute;
i. discusses matters relating to changes in assets.

36. Extraordinary Meeting

The dissolution or liquidation of the Foundation shall be resolved by the Extraordinary assembly.

37. Financial Assets

The operating surplus resulting from the balance sheet must be reinvested in the official activities of the following year, unless otherwise required by law.

38. Dissolution

I. In case of dissolution, whatever is the cause, the Assembly, acting and voting in accordance with Article 31, paragraph 2, shall appoint a liquidator chosen among members or between persons outside the Foundation.
II. That liquidator, which may be accompanied by any other person of recognized competence, associated or not, will have all the power to achieve the assets and liabilities of the Foundation.

39. Disposal of assets

The net assets will be donated by the Assembly, acting and voting in accordance with Article 31.2, to one or more entities which have a purpose and are animated by a spirit similar to that of the dissolved Foundation or to public purposes, after hearing the inspection body referred to in Article 3, paragraph 190 of December 23, 1996, No. 662.

40. Prohibition of distribution of assets among members

In no case, no action, in any form, such assets will be distributed among the members of the dissolved Foundation.

41. Dismissal note

Although not specifically provided for this Statute shall refer to the community law, national and regional, in the field of social promotion associations.

FONDAZIONE PERMANENTE G. GIULIANI ONLUS • Codice Fiscale 93049850667
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