Bylaws
Title I: Name, Scope of Action, Domicile, Objectives, Nature of Activities, and Duration
Article 1: Name.
The individuals who sign the founding act and approve this statute establish an international network of professionals, under the character of the ASSOCIATION OF PROFESSIONALS LINKED TO PARENTING COORDINATION, under Article 20 of the Universal Declaration of Human Rights, and the principle of free association enshrined in the legal tradition of various Ibero-American States.
The name of the entity being established is “INTERNATIONAL AND IBERO-AMERICAN ASSOCIATION OF SPECIALISTS IN PARENTING COORDINATION,” abbreviated as “AIIECP.”
Article 2: Scope of Action.
The scope of action and development of activities is international, with a special focus on Ibero-America for the development and implementation of Parenting Coordination. However, the AIIECP is an open and participatory system that allows for the exchange of knowledge, practices, and other resources between justice institutions and the professionals who collaborate with that system.
Article 3: Virtual Domicile.
The domicile of the Association will be virtual, through a website and an email address, without prejudice to carrying out activities in the countries of its members.
Article 4: Objectives.
The Association’s objectives are:
- To promote a collaborative and participatory approach in the construction of scientific knowledge focused on family intervention and Parenting Coordination from the various involved disciplines.
- To create and maintain lists of qualified professionals for Parenting Coordination who offer services at national and international levels.
- To encourage training, research, good practice, and innovation in Parenting Coordination.
- To disseminate internationally the knowledge related to Parenting Coordination: in legislation, jurisprudence in Family Law, Appropriate Dispute Resolution Mechanisms, and family intervention, especially in Spanish-speaking countries.
- To be a resource and support for professionals practicing Parenting Coordination in each country where they are located.
- To promote publications on Parenting Coordination and related topics.
- To promote scientific and legislative progress both nationally and internationally in Parenting Coordination.
- To organize congresses, conferences, and debates on the subjects under study.
- To promote communication and knowledge exchange and services among its members.
- To establish relationships with publishers and specialized journals published internationally and with other associations, organizations, and forums with similar objectives and themes.
The AIIECP may carry out economic activities related to its purposes and invest its resources as decided by its governing bodies.
The income derived from these activities should only be allocated to the association’s purposes or to increase its assets.
Article 5: Nature of the Association.
A Private Law Association is constituted, non-profit. Its activities and member participation are always disinterested and respect the competencies of public administrations with which they will collaborate in developing the association’s purposes.
The AIIECP will encourage collaboration with other associations related to Parenting Coordination, judicial professional associations, and associations and professional colleges of law, mediation, psychology, social education, social work, medicine, which include in their activities the promotion and development of mediation and conciliation, Parenting Coordination for child and adolescent protection, and family conflict management.
Article 6: Duration.
The duration of the Association will be indefinite, and the number of members will be unlimited.
Title II: The Members
Title III: The General Ordinary and Extraordinary Assembly
Article 15: Competencies, Functions, Character, and Convocation.
The General Assembly is the main collective body of the Association and is comprised of all its members. Its agreements are binding on both present and absent members, provided that such agreements were made in the manner established in the statutes, laws, and regulations.
Article 16: Functions.
The General Assembly shall have the following functions:
a) Approval of the annual activity report and the activity project for the following year;
b) Approval of the Association’s accounts and budget;
c) Setting the ordinary and extraordinary dues, duly justified, for members;
d) Any statutory modifications;
e) Appointment and dismissal of Board of Directors members; and
f) Dissolution of the Association.
Article 17: The Ordinary General Assembly.
The Ordinary General Assembly shall meet annually to discuss the Annual Report and Balance Sheet, elect Board of Directors members if applicable, and address any other matters included in the Agenda. The Board of Directors will send the documentation to members via email 30 days prior to the Assembly.
Article 18: The Extraordinary General Assembly.
The Extraordinary General Assembly may be convened at any time by a reasoned decision of the Board of Directors or at the request of 10% of the eligible members. Upon such a request, the Board must call the Extraordinary General Assembly within fifteen days. The Assembly shall be held within ninety days of receiving the request.
The Extraordinary General Assembly is exclusively responsible for:
a) Amendments to the Association’s statutes and approval of its regulations;
b) Dissolution of the Association;
c) Merger with another Association;
d) Claims against Board of Directors members for serious breaches of the Law, statutes, or regulations, and the consequent suspension or dismissal if the charges are proven;
e) Purchase, sale, mortgage, exchange, assignment, and transfer of real estate, establishment of easements and prohibitions to encumber and dispose of; leasing of real estate for a period exceeding 3 years;
f) Resolution of appeals against Board decisions concerning the non-admission and expulsion of members by the Ethics and Discipline Committee.
Decisions on items a), b), and c) shall be made by a simple majority of the members present.
Decisions on items d), e), and f) must be adopted by two-thirds of the members present.
Decisions on items c) and e) must be formalized in a public deed signed by the President on behalf of the Association, notwithstanding the possibility of the Extraordinary General Assembly granting special power for this purpose to another person or persons.
Article 19: Convocation, Voting, and Quorum.
Convocation.
General Assemblies shall be convened by email to members, at least thirty days in advance of the date of the Assembly.
Voting.
All members who have fulfilled their obligations by the date of the Assembly convocation have the right to vote. Each member has one vote.
Quorum.
The Ordinary General Assembly will validly meet with the number of eligible members present at the time of the meeting.
The Extraordinary General Assembly, except as provided in the following article, will convene in the first call with the presence of half plus one of the eligible voting members and in the second call half an hour later with those present. In all cases, the Assembly will adopt its decisions by a simple majority of the votes of those present, except as provided in Article 17.
To participate in the Assemblies, members must present their identity documents, be up to date with their payments, sign a special attendance register, and not be suspended as provided in Article 13. c and d.
Title IV: The Board of Directors
Article 20: Board of Directors.
The Board of Directors is the body responsible for the management and representation of the Association in all matters not exclusively within the competence of the General Assembly.
Article 21: Composition and Duration.
Composition. The Board of Directors shall consist of the President, Vice President, Secretary, and Treasurer. The members holding these positions must be of three or more nationalities.
Duration. The Board of Directors shall serve for two years and its members may be re-elected for one additional term. They shall remain in office at the end of their term until the new Board of Directors assumes office.
Article 22: Election of the Board of Directors.
The Board of Directors shall be elected at the Ordinary General Assembly, in accordance with the following rules:
a) Elections shall be held every two years according to the procedure established in these statutes.
b) Each member shall vote freely in a single act, marking as many preferences as there are candidates to be elected, without accumulating preferences on a single candidate or repeating a name. Given that members reside in different countries, virtual assemblies and voting are permitted.
c) The candidates receiving the highest number of votes up to the number of Board positions shall be declared elected.
d) The vote count shall be public.
e) The elected Board of Directors shall assume office immediately, notwithstanding the subsequent delivery of accounts and documents, for which a date shall be set at the assembly.
Article 23: Replacement.
In the event of death, absence, resignation, dismissal, or incapacity of a Board member, the Board of Directors shall appoint a replacement to serve the remainder of the term. This appointment must be ratified by the General Assembly.
Absence or incapacity is defined as non-attendance at meetings for more than six consecutive months.
Article 24: Electoral Committee and Board Elections
An Electoral Committee, comprising three non-candidate members, shall be appointed by the Board of Directors before the elections. The Committee shall elect its president.
In the General Assembly where the Board of Directors is elected by nominal voting, if for any reason the Board elections do not occur as scheduled, the current Board shall remain in office with all its duties and powers until replaced according to the statutes.
Article 25: Board Members.
Any member with at least one year of Association membership and not suspended per Article 13(c) may be elected to the Board of Directors.
Persons convicted of imprisonment are ineligible to serve on the Board. A Board member convicted of a crime or simple offense or facing any other legal disqualification shall automatically cease their functions, and a replacement shall be appointed per Article 23.
Three-quarters of the Board shall be founding members for the first ten years to ensure the Association’s foundational goals and objectives are met.
Article 26: Duties and Powers of the Board of Directors.
The Board of Directors shall:
a) Direct the Association and ensure compliance with its statutes and objectives;
b) Manage the Association’s assets and invest its resources;
c) Approve projects and programs aligned with the Association’s objectives;
d) Call General Assemblies, both ordinary and extraordinary, as stipulated by these statutes;
e) Create branches, annexes, offices, and departments as needed for the Association’s efficient operation;
f) Draft necessary regulations for the Association’s objectives and submit them to the next General Assembly for approval, applying them provisionally in the interim;
g) Implement General Assembly decisions;
h) Report annually to the Ordinary General Assembly on the Association’s activities and financial status, including a memorandum, balance sheet, and inventory for approval;
i) Determine the absence or incapacity of its members per Article 23;
j) Resolve disputes and questions regarding the application of its statutes and regulations;
k) Undertake any matters and business necessary for achieving the Association’s objectives; and
l) Exercise other powers as stipulated by the statutes and current legislation.
Article 27: Powers of the Board of Directors as Property Administrators.
As administrators of the Association’s property, the Board of Directors is empowered to: Buy, sell, lease, exchange, and manage movable property; lease real estate for up to three years; provide guarantees and impose prohibitions on movable property; settle labor contracts; engage in financial transactions; open and close bank accounts; withdraw and approve account balances; manage negotiable documents; conduct banking operations; appoint proxies; accept inheritances, legacies, and donations; take out and settle insurance policies; trade currencies; take out loans; and perform other actions for the proper administration of the Association.
The purchase, sale, mortgage, exchange, or lease of real estate for more than three years requires approval from an Extraordinary General Assembly.
Board members are jointly liable for any damages caused to the Association due to negligence.
Article 28: Board of Directors Meetings.
The Board of Directors shall meet with the majority of its members present, and decisions shall be made by an absolute majority of those present, unless otherwise specified in the statutes. In the event of a tie, the President shall cast the deciding vote. Meetings shall be held at least every two months, on dates agreed upon by the members.
Meeting deliberations and decisions shall be recorded digitally and approved by all attending Board members.
A Board member wishing to dissent from a decision must have their opposition recorded in the minutes and reported at the next General Assembly.
The President must call extraordinary meetings in writing, via the General Secretariat, using email.
Title V: The Presidency and Vice Presidency
Article 29: Presidency.
The President of the Association shall have the following duties and powers:
a) The President of the Board of Directors shall also be the President of the Association, representing it judicially and extrajudicially, and shall have the other powers specified in the bylaws.
b) Preside over the meetings of the Board of Directors and the General Assemblies.
c) Execute the agreements of the Board of Directors, without prejudice to the functions assigned to the Vice President, Secretary, Treasurer, and other members designated by the Board of Directors.
d) Organize the work of the Board of Directors and propose the general plan of activities for the Association.
e) Propose the establishment of Working Committees as deemed necessary.
f) Sign documents pertinent to their role and those representing the Association. Jointly sign with the Treasurer or the member of the Board designated by the Board, checks, transfers, payments, money drafts, promissory notes, balances, and generally all documents related to the movement of Association funds.
g) Annually report to the Ordinary General Assembly on the progress of the Association and its financial status on behalf of the Board of Directors.
h) Resolve any urgent matters that arise and seek ratification at the next Board of Directors meeting.
i) Ensure compliance with the bylaws, regulations, and agreements of the Association.
j) Perform any other duties specified in these bylaws and regulations.
The acts of the Association’s representative are acts of the Association as long as they do not exceed the limits of the functions and representation entrusted to them. Any actions beyond these limits personally obligate the representative.
Article 30: Vice Presidency.
The Vice President shall continuously assist the President in all matters pertinent to the President’s role, including overseeing the formation and operation of the working committees.
In the event of illness, leave, absence, or temporary incapacity of the President, the Vice President shall substitute for the President, assuming all the President’s duties and powers. In the case of death, resignation, or permanent incapacity of the President, the Vice President shall perform the President’s functions until the end of the respective term.
Title VI: The General Secretariat and Treasury
Article 31: General Secretariat.
The duties of the Secretary shall be as follows:
a) Maintain the Minutes Register of the Board of Directors, the Members’ Assembly Register, and the Association’s membership register.
b) Dispatch notices for ordinary and extraordinary Assemblies and, if applicable, publish the notices of such summons.
c) Organize the schedule of Board of Directors meetings and General Assemblies in coordination with the President.
d) Draft and dispatch, with their signature and the President’s, the Association’s correspondence and documentation, except for those exclusively pertaining to the Presidency, and receive and dispatch general correspondence.
e) Personally respond to routine correspondence.
f) Sign the Association’s minutes and provide authorized copies of them upon request by any member of the Association.
g) Verify the credentials before elections.
h) Perform any other tasks assigned to them.
In the absence or incapacity of the Secretary, they shall be replaced by a person designated by the Board of Directors. In case of resignation or death, the Board of Directors shall appoint a replacement, who shall serve only for the remaining term of the replaced individual.
Article 32: Treasury.
The duties of the Treasurer shall be as follows:
a) Collect ordinary and extraordinary fees and issue corresponding receipts.
b) Ensure that members are up to date with their fee payments and facilitate the regularization of any outstanding payments.
c) Monitor the income and expenses of the Association’s virtual account. Deposit the Association’s funds into checking or savings accounts held or maintained by the Association, and co-sign, with the President or a designated Board member, checks or withdrawals from these accounts.
d) Maintain the Association’s accounting records.
e) Prepare the financial statement that the Board of Directors must annually present to the General Assembly.
f) Keep an up-to-date inventory of all the Institution’s assets.
g) Perform any other tasks assigned to them.
In the absence or incapacity of the Treasurer, they shall be replaced by a person designated by the Board of Directors. In case of resignation or death, the Board of Directors shall appoint a replacement, who shall serve only for the remaining term of the replaced individual.
Title VII: The Auditor
Article 33: Election.
At the corresponding Annual Ordinary General Assembly, active members shall elect an Auditor, who shall serve for two years. The Auditor may be re-elected for one additional term.
Article 34: Duties.
The duties of the Auditor shall be as follows:
a) Quarterly, and when necessary, review the accounting books and the income and expense receipts that the Treasury and General Secretariat must present. Additionally, inspect the bank accounts, savings accounts, and online payment platforms or gateways. The Auditor shall review the approvals of expenses and contracts as reflected in the minutes of the Board of Directors or Assembly.
b) Report to the Board of Directors on the state of the Treasury and report any irregularities noticed.
c) Submit to the Annual Ordinary Assembly a written opinion on the Institution’s finances, the management of the Treasury throughout the year, and the annual financial statement prepared by the Treasury, recommending to the Assembly the approval or rejection, in whole or in part, and verify the accuracy of the inventory.
The Auditor shall not intervene in the administrative acts of the Board of Directors.
In the absence or incapacity of the Auditor, they shall be replaced by a person designated by the Board of Directors. In case of resignation or death, the Board of Directors shall appoint a replacement, who shall serve only for the remaining term of the replaced individual.
Title VIII: The Ethics and Discipline Committee
Title IX: The Assets
Title X: General Provisions
Article 42: Official Languages.
The official languages of the Association are Spanish and English. Spanish is the primary and preferred language and will be used during congresses and meetings as well as in publications. Nevertheless, English may also be used. If necessary, simultaneous translation may be provided.
Article 43: Honorary Nature.
All elective positions held are unpaid or ad honorem.
Article 44: Financial Year.
The financial year of the Association will end on December 31 of each year.
Article 45: Incompatibility.
Holding elective positions within the Association is incompatible with being an employee or dependent of the Association in any capacity.
Title XI: Advisory Council
Article 46: Functions.
- The Advisory Council is the consultative body of the Association and the guarantor of its continuity. Its advisory function will be available to both the Board of Directors and the General Assembly, and it will prepare opinions as requested by these bodies.
Among the functions of the Advisory Council are:
a) To propose to the Presidency of the Board of Directors the general lines of action for the Association, if requested.
b) To provide opinions on the annual plans and programs, the ordinary budget for each financial year, and any supplementary budgets deemed necessary, as well as on the balance sheets and accounts for the financial year prepared by the Board of Directors, before their approval by the General Assembly.
c) As the guarantor of the Association’s objectives, the Advisory Council will assume the functions of the Board of Directors if a “vacancy” of the Board occurs despite the application of the Statutes. In such a case, it will be obligated to call elections within a maximum period of two months.
- The Advisory Council will be composed voluntarily of all former Presidents of the Association, provided they remain members, for a period of ten years.
Additionally, the Advisory Council will include other honorary members and Association members designated by the Board of Directors, up to a maximum of five members, for the same term as the current Board. These members may be re-elected or replaced by other members by the subsequent Board of Directors.
- The Presidency of the Advisory Council will be determined every two years by the Board of Directors through a simple majority vote, and the Presidency will be exercised for the term of the Board in office.
Title XII: Modification of Statutes, Merger, and Dissolution of the Association
Title XIII: Transitional Articles
Article First Transitional.
During the first three years of the Association’s existence, the requirement of seniority for being a member of the Board of Directors, as prescribed in Article 25 of the statutes, will not be required.
Approval: May 22, 2024..