It is founded between the members of the present statutes an association governed by articles 60s of the Swiss civil code (CC), having for name: “Humanitarian For Empowerment” abbreviated “HFE” with the slogan driving a pathway towards autonomy.
HFE is an independent, non-profit, apolitical, philanthropic and humanitarian association whose purpose is to promote empowerment of populations in need around the world through training, qualification and monitoring by specialists in the fields of social order (health, education, etc.) The association is a structure bringing together people from the medical profession and from different backgrounds such as lawyers, architects, journalists, etc. driven by the desire to transmit their knowledge as well as their skills in different countries of the world, both clinically and theoretically, in collaboration, if necessary, with structures already existing nationally, internationally or present in the target countries. Preferential links will be created with similar associations around the world.
In addition, it is recognized in the statutes that the HFE foundation aims to promote a positive spirit among the members and to contribute to the personal development of each one, refusing the exclusion of a member on the basis of arbitrary criteria, banishing cartel whims, avoiding sterile power struggles and blockages of initiatives for reasons of selfish advancement of the individual.
The registered office is at Chemin de la Halte 1, 1347 Le Sentier, Switzerland. It may be transferred by simple decision of the executive committee.
The present statutes specify that the duration of the association is unlimited.
ORGANISATIONAL STRUCTURE HFE consists of:
a) Honorary members
b) Ordinary members
c) Founding members
The organization structure of HFE is composed of an executive committee, a central committee, an international committee, project commissions and a general assembly.
1. The Executive Committee (EC): select council whose role is to lead the association and represent it to the authorities for a mandate of 4 years. Its members are elected by all the ordinary members at the general assembly meeting.
2. The Central committee (CC): is made up of the members of the EC as well as all the heads of the project commissions. The CC reviews, approves, disapproves and prioritizes projects.
3. The International Committee (IC): is composed of members of the following countries or universities: United States, Canada, Mauritius, Ukraine, United Kingdom, Australia, Turkey, Kosovo, and university representatives at the University of Lausanne, the University of Bourgogne and the University of Besançon. The CI represents the HFE abroad.
4. Project commissions (PC): are composed of 2-5 people who elect a president from among them who represents the commission. Each commission is completely autonomous in the management of its projects with in the framework of compliance with the internal regulations of the association and the laws in force.
5. The General assembly (GA) is made up of all the members of the association. Natural and legal persons can acquire the status of ordinary member. In the latter case, the legal entity may be represented by one of the members of its management body.
The association is open to any person sound of mind with the capacity, motivation and commitment for humanitarian work based on training, without condition or distinction. To be part of the association, the statutes specify that a written request must be made to the EC, which decides, at each of its meetings, on the applications for admission presented.
The admitted candidate acquires the quality of member only after payment of the amount of his annual contribution. Any sesames paid during the current financial year or previous financial years are acquired by the association.
Ordinary members are those who have made a commitment to pay an annual fee of 150CHF as a contribution and 50CHF for students and seniors. Membership fees are set by the general assembly.
For active seniors or refugees in volunteering and who do not have the financial resources, the contribution may be cancelled upon request expressed to the executive committee. Requests will be handled on a case-by-case basis by the CE.
Membership is lost by:
1. Written resignation presented to the EC; the member remains however liable for his share of the annual subscription for the current semester at the time of reception by the EC of his letter of resignation.
2. The death of the natural person or the dissolution of the legal person.
3. Exclusion pronounced by the EC or the GA for non-payment of the subscription, for serious reason or for serious damage to the interests of the association, the person concerned having been invited to provide explanations before the EC and/or in writing. The serious reasons are specified in the rules of procedure.
4. The excluded member may appeal against this decision to AG. The decision of exclusion by the general meeting is final.
5. The quality of member of the association is automatically lost by the non-payment of the annual contribution.
The association’s resources include:
1. The amount of entrance fees and contributions.
2. Subsidies from the confederation, cantons and municipalities.
3. The association reserves the right to engage in commercial and/or industrial activities for the sole purpose of financing its activities and meeting its expenses.
4. Any other contribution.
5. Donations, legacies and other voluntary services.
6. Donations made by sponsors.
The ordinary GA includes all members of the association in whatever capacity. It meets every year.
Thirty days at least before the fixed date, the members of the association are convened by the care of the secretary. The agenda is on the invitations. The GA takes place when one third of the members are present on the scheduled date. If this minimum number is not reached, a second date will be designated by the EC within 21 days. The president, assisted by the members of the EC, chairs the assembly and explains the situation and the activity of the association. The treasurer reports on his management and submits the annual accounts (balance sheet, income statement and appendix) for the approval of the assembly. The general assembly fixes the amount of the annual contributions and the entry fee to be paid by the different categories of members.
A. The general meeting has the following powers in particular:
1. Elect the president.
2. Elect the treasurer.
3. Initially, the Executive Committee selects the members of the Commissions, volunteers. Subsequently, the elections and appointments within each Commission will be made by the Ordinary Members.4. Appoint honorary members.
5. To elect the auditor(s).
6. Approve the annual report and accounts of the association.
7. Discharging the members of the executive committee.
8. Adopt the annual budget of the association.
9. Give guidelines for the activities of the association.
10. Set the amount of the various membership fees.
11. Amend the statutes of the association.
12. Decide on the dissolution of the association.
The assembly may delegate all or part of its powers to the EC for the next financial year.
B. Quorum for modification of the articles of association and for dissolution:
Any modification of the statutes as well as the dissolution of the association can only be decided by a two-thirds majority of the votes of the members present at the general assembly. For the dissolution, in addition to the quorum mentioned above, must be present at the GA at least one third of the members of the association. When this number is not reached, the executive committee convenes an extraordinary general meeting on this subject.
No vote can be taken on an item that is not on the agenda, with the exception of the proposal to convene an extraordinary general meeting. Each member is entitled to one vote in the general assembly. He can be represented by another member by means of a written power of attorney (sufficient e-mail), which must be given to the secretary of the meeting before the start of the meeting. All deliberations are taken by a show of hands, except for the election of board members. Subject to legal and statutory provisions to the contrary, the general meeting rules by a majority of the members present or validly represented. In the event of a tie, the vote of the honorary president will count double.
An internal audit will be determined by the ordinary members and the honorary members who will take the minutes for a control every 6 months.
EXTRAORDINARY GENERAL ASSEMBLY
If necessary, or at the request of a quarter of the registered members, the president may convene an extraordinary general meeting, according to the procedures provided for in these statutes and only for modification of the statutes or dissolution or for acts relating to buildings, or to dealing with subjects classified as “very urgent”. The convening procedures are the same as for the ordinary general meeting.
Decisions are taken by a majority of the members present.
ADVISORY BOARD (EXECUTIVE COMMITTEE)
The EC is made up of:
• An honorary president
• A president
• A vice-president
• A treasurer
• A general secretary
• An event manager
• A communication manager
• A public relations manager
• An administrative secretary
• A social worker
• A financial manager
• An ambassador
The functions, powers and respective powers of the members of the EC are detailed in the rules of procedure.
The positions of President and Treasurer cannot be combined. The council being renewed each year by half, the first year, the outgoing members are designated by drawing lots. In the event of vacancies, the board temporarily provides for the replacement of its members. They are definitively replaced by the next GA. The powers of the members thus elected come to an end on the expiry of the mandate of the members replaced. The EC meets at least once every six months, when convened by the president, or at the request of a quarter of its members.
Decisions are taken by majority vote; in the event of a tie, the vote of the honorary president is decisive. Any EC member who, without excuse, has not attended three consecutive meetings will be deemed to have resigned.
All functions, including those of EC and CC members, are free and voluntary. Only the costs incurred by the fulfilment of their mandate are reimbursed on receipts. The financial report presented to the ordinary GA presents, by beneficiary, the reimbursements of mission, travel or representation expenses.
Rules of procedure are drawn up by the EC, which has them approved by the GA. These regulations are intended to fix the various points not provided for in these statutes, in particular those relating to the internal administration of the association. Exclusion of the financial responsibility of the members and of the right to part of the profit or liquidation.
A: Exclusion of financial liability of members. The members of the association do not incur any personal liability for the commitments made by the association, in particular financial, which are only guaranteed by the association’s own assets. The same applies to the members of the Works Council, subject to serious misconduct on their part.
B: Exclusion of the right of members to a share of profit or liquidation. The members have no claim to assert on the profit of the association or on part of the liquidation value.
In the event of dissolution pronounced according to the procedures provided for in Article 11, one or more liquidators are appointed, and the net assets, if any, are devolved to a non-profit organization or to an association having similar goals in accordance with the decisions of the extraordinary GA which decides on the dissolution. The net assets cannot be devolved to a member of the association, even partially, except for the recovery of a contribution.
The association undertakes to present its registers and accounting documents on any request from the administrative authorities with regard to the use of the gifts it would be authorized to receive, to allow its establishments to be visited by the representatives of these competent authorities and to report to them on the operation of the said establishments. Swiss law is applicable to all legal relationships affecting the association.
Bylaws admitted at the AGM of February 26, 2018, amended at the AGM of November 6, 2022.