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Adopted by the General Assembly of Estonian Bar Association Amended by the General Assembly of Estonian Bar Association Amended by the General Assembly of Estonian Bar Association Amended by the General Assembly of Estonian Bar Association INTERNAL RULES OF ESTONIAN BAR ASSOCIATION The General Assembly of Estonian Bar Association has approved the following Internal Rules of Estonian Bar Association (hereinafter the Internal Rules) on the basis of the Bar Association Act § 9 clause 5. Chapter 1 GENERAL PROVISIONS Estonian Bar Association (1) The Bar Association operates on the basis of the "Bar Association Act". (2) The documents of the Bar Association shall be drawn pursuant to the Bar Association operations procedure and in accordance with valid Estonian legislation regulating corresponding field. Translation of the name of Estonian Bar Association (1) The translation of the name of the Bar Association in English is Estonian Bar Association. (2) The translation of the name of the Bar Association in French is Association des Avocats d´Estonie. (3) The translation of the name of the Bar Association in German is Rechtsanwaltskammer Estlands. (4) The translation of the name of the Bar Association in Russian is ЭcToHckaя AдBokaTypa. Location of the Bar Association (1) The location of the Bar Association is Tallinn, the Republic of Estonia. (2) The mailing address of the Bar Association is the address of the Board of the Bar Association. Symbols of the Bar Association (1) The Bar Association has its own symbols, the design and use of which is stipulated in the statutes of the symbols of the Bar Association. The general assembly of the Bar Association shall adopt the statutes of the symbols of the Bar Association. (2) The Bar Association has its own flag. (3) The Bar Association has a circle-shaped 35 diameter seal with a symbol of the Bar Association in the centre and letters “Eesti Advokatuur * Estonian Bar Association" at the side. In addition to the aforementioned the seal of the body of the Bar Association has a name of the body of the Bar Association on it. (4) The Bar Association has a medal of office of the Chairman. (5) Bar Association has the Medal for Merits, awarded to members of Bar Association and third parties upon decision of the Board. (6) Bar Association has the badge, symbolising affiliation to Estonian Bar Association. (7) Bar Association shall have the logo badge, in the middle carrying the symbol of Bar Association and on the border the lettering „Eesti Advokatuur * Estonian Bar Association.“ Participation of the Bar Association in other legal persons (1) The Bar Association may acquire participation and end participation in other legal persons based on the decision of the general assembly, if this proves necessary for the fulfilment of the tasks of the Bar Association. (2) The Bar Association may not be a partner of a general partnership or a full member of a limited partnership. Bodies of the Bar Association (1) The bodies of the Bar Association are the general assembly, the chairman, the Board, the audit committee, the court of honour and the professional suitability assessment committee. The general assembly and Board of the Bar Association may form commissions of advisory right not possessing the legal status of the body of the Bar Association. (2) In its activity the body of the Bar Association shall proceed from the Constitution, the Bar Association Act and other legal acts, including the legal acts and decisions and internal rules of the bodies of the Bar Association. The bodies of the Bar Association may adopt rules and regulations for the organization of their activity. (3) A attorney-at-law may not act as a member of the body of the Bar Association, if his/her professional activity has been suspended. (4) No fee shall be paid for the belonging to the body of the Bar Association and fulfilment of the tasks in the body of the Bar Association, unless the Board decides otherwise. The chairman of the Bar Association shall be paid a fee for the fulfilment of the tasks of the chairman in the amount and procedure established by the Board. The Bar Association shall compensate for the necessary and verified expenses associated with the belonging to the body of the Bar Association and fulfilment of tasks in the body of the Bar Association. (5) A member of the Bar Association shall not disclose secret information revealed to him/her as a member of the body of the Bar Association, unless the law provides otherwise. (6) The working language of the bodies of the Bar Association is Estonian. Chapter 2 PROCEDURE OF CREATION, SUSPENSION AND TERMINATION OF MEMBERSHIP OF THE BAR ASSOCIATION General provisions (1) Membership in Bar Association shall be created, suspended and terminated on the deadline specified in resolution of Board, unless otherwise stipulated in law. (2) The creation, suspension and termination of the membership of the Bar Association are established by the law. (3) The present chapter establishes the procedure for the acquiring of the professional title of the Bar Association. Application for becoming a member of the Bar Association (1) In order to become a member of the Bar Association, the person wishing to become a member of the Bar Association (hereinafter: member candidate) shall submit an application to the Board either in writing or electronically. (2) In the application for becoming a member of the Bar Association the member candidate shall confirm that he/she meets the requirements established in the Bar Association Act and there exist no circumstances excluding his/her becoming a member of the Bar Association. (3) The application for becoming a member of the Bar Association shall state the professional title of the attorney applying. (4) The following documents shall be added to the application for becoming a member of the Bar Association: 1) questionnaire of personal details; 2) copy of the document verifying higher legal education; 3) academic report on the examination results; 4) upon the existence of the academic degree and/or scientific profession copies of the documents verifying a degree and/or profession; 5) consent of a attorney-at-law for his/her appointing as a supervisor or patron, unless otherwise specified in law; 6) copy of the identity document; 7) two colour photos of size 40 x 50 mm; 8) copies of other documents verifying the correspondence of the member candidate to the requirements established in the acts. 9) Readiness of the operator of the law office to hire or continue employing the member candidate. (5) Board shall have the right to demand presentation of additional documents for circumstances important when admitting a person in Bar Association. Procedure of the application for becoming a member of the Bar Association at the Board meeting (1) The Board shall discuss the application for becoming a member of the Bar Association within the period of one month from the presentation of the documents of the member candidate to the Board. (2) The Board shall decide the allowing of the member candidate to the attorney’s examination or its refusal. The decision on the refusal from allowing to the attorney’s examination shall be motivated and include a reference on the procedure of the appeal on the decision. (3) If the Board considers the presentation of additional information necessary, the Board shall postpone decision-making. Deciding of admission to the Bar Association (1) The Board shall decide admission to the Bar Association within a period of one month from the presentation of the examination results of the member candidate by the professional suitability assessment committee to the Board. (2) The Board shall decide about the admission of the member candidate to the Bar or the refusal of membership. The Board will notify the member candidate of the decision without delay. A decision refusing membership shall be motivated and shall include a reference to the procedure of appealing the decision. Application for applying for higher professional title (1) In order to acquire a higher professional title, the attorney shall present a written or electronic application to the Board. (2) In the application for acquiring a higher professional title the attorney shall confirm that he/she meets the requirements established to granting him/her the professional title. (3) The application for acquiring a higher professional title shall state the professional title of the applying attorney. (4) The application for acquiring a higher professional title shall be appended by the questionnaire of personal details, two colour photos sized 40 x 50 mm, the patron’s views regarding the application, a report on one’s work as a assistant of attorney-at-law as well as documents reflecting the professional activity of the applicant. Preliminary procedure of the higher professional title application (1) The Secretary General shall inspect the correspondence of the application for a higher professional title to the established requirements. (2) As a result of the inspection the Secretary General shall present the submitted documents to the Board for the deciding of the allowing of the attorney to the attorney’s examination of the professional suitability assessment committee or make to the attorney a proposal for the elimination of shortcomings, establishing a deadline for this. (3) The Board shall within the period of one month from the receiving of the application for a higher professional title decide the allowing of the attorney to the attorney’s examination or its refusal. The decision on the refusal from allowing to the attorney’s examination shall be motivated and include a reference on the procedure of the appeal on the decision. Deciding on the granting of a higher professional title (1) The Board shall decide the granting of a higher professional title within the period of one month from the forwarding of the examination results by the professional suitability assessment committee to the Board. (2) The Board shall decide on the granting of a higher professional title to the advocate or its refusal. The Board shall notify the advocate of its decision without delay. A decision on the refusal to grant him/her the higher professional title shall be motivated and shall include a reference to the procedure of appealing the decision. Suspension of membership in the Bar Association (1) Suspension of membership in the Bar Association shall be decided by the Board on the basis of an advocate’s application or at the Board’s own discretion. A decision on the suspension of membership in the Bar Association shall be motivated and shall include a reference to the procedure of appealing the decision. (2) The attorney shall present to the Board a written application on the suspension of membership in the Bar Association, if there exists a basis for the suspension of membership in the Bar Association in accordance with clause § 35 (1) of the Bar Association Act. (3) The Board shall discuss the application on the suspension of membership in the Bar Association within a period of one month from the presentation of the application by the attorney to the Board. (4) If the Board considers the presentation of additional information necessary, the Board shall postpone decision-making and assign the Secretary General a task to make a proposal to the attorney for the presentation of additional information. (5) The Secretary General shall immediately forward the decision of the Board on the suspension of membership in the Bar Association or from its refusal to the attorney and his/her patron. Suspension of the professional activity of the attorney with the decision of the Board (1) The Board may decide the suspension of the professional activity of the attorney, if it has information on the fact that the attorney is being suspected in a criminal case, he/she is a defendant or on trial. The decision on the suspension of the professional activity of the attorney shall be motivated and include a reference on the procedure of the appeal on the decision. (2) The Secretary General shall immediately forward the decision of the Board on the suspension of the professional activity of the attorney to the attorney and his/her patron. Suspension of the professional activity of the attorney with the decision of the court of honour (1) Court of Honour can decide suspension of lawyer’s professional activity on the basis specified in Bar Association Act § 35 par. Decision on suspension of lawyer’s professional activity must be motivated. (2) The Secretary General shall immediately forward the decision of the court of honour on the suspension of the professional activity of the attorney to the attorney and his/her patron. Restoration of membership in the Bar Association and the professional activity of the attorney (1) The person whose membership in the Bar Association or professional activity has been suspended shall immediately notify the Board of the removal of the basis for the suspension of membership in the Bar Association or professional activity. (2) The Board shall discuss the removal of the basis for the suspension of membership in the Bar Association or professional activity of the attorney not later than within a period of one month from the notification of the Board of the given circumstance by the attorney or its learning of this in some other way. (3) The Board shall decide the restoration of membership in the Bar Association or the professional activity of the attorney. The decision on the refusal from the restoration of membership in the Bar Association or the professional activity of the attorney shall be motivated and include a reference on the procedure of the appeal on the decision. (4) If the Board considers the presentation of additional information necessary, the Board shall postpone decision-making and assign the Secretary General a task to make a proposal to the attorney for the presentation of additional information or request information. (5) The Secretary General shall immediately forward the decision of the Board on the restoration of the membership in the Bar Association or the professional activity of the attorney or its refusal to the attorney and his/her patron. Exclusion from the Bar Association (1) The Board shall immediately decide the exclusion of the attorney from the Bar Association, if it has sufficient information on the existence of the basis for the exclusion from the Bar Association. The decision on the exclusion from the Bar Association, if this is not made on the basis of clause 36 par. 1 (1) of the Bar Association Act, shall be motivated and include a reference on the procedure of the appeal on the decision. (2) An advocate’s resignation of membership in the Bar Association by his or her own application shall be decided by the Board within one month from receiving an application. An application shall not be satisfied in cases specified in the Bar Association Act § 36 par. A decision on the rejection of an application must be motivated and it must contain a reference to the procedure of appealing the decision. (3) The attorney shall notify the Board of the arising of the basis for his/her exclusion from the Bar Association. (4) The professional suitability assessment committee shall inform the Board about the existence of the bases for exclusion from the Bar Association stipulated in clauses 36 (1) 21) and 3) of the Bar Association Act. (5) The Secretary General shall immediately forward the decision of the Board on exclusion from the Bar Association to the attorney and his/her supervisor or patron. (6) Upon the death of the attorney the attorney shall be considered excluded from the Bar Association. Exclusion shall be executed by decision of the Board. (7) The title of an advocate emeritus may be granted to a person who has reached the retirement age and has been excluded from the Bar Association. The procedure for granting and removing the title of an advocate emeritus and the rights and obligations of an advocate emeritus shall be provided for in the statutes of the Bar Association. The statutes of advocate emeritus will be adopted by the Board of the Bar Association.”. Disbarment (1) The Board shall immediately decide the disbarment of the attorney, if it has sufficient information on the existence of the basis for disbarment. The decision on disbarment shall be motivated and include a reference on the procedure of the appeal on the decision. (2) The court of honour may decide to disbar an advocate as punishment for a disciplinary offence. (3) The Secretary General shall notify the Board of the existence of the basis for disbarment established in clause 37 par. 3 of the Bar Association Act. (4) The Secretary General shall immediately forward the decision of the Board on disbarment to the attorney and his/her patron. Chapter 3 RIGHTS AND OBLIGATIONS OF THE ADVOCATE AND OWNER OF A LAW OFFICE IN THE RELATIONSHIP WITH THE BAR ASSOCIATION Performance of rights and fulfilment of obligations The attorney shall at the performance of his/her rights and fulfilment of obligations in the relationship with the Bar Association behave in accordance with the requirements of the laws and other legal acts, including the requirements of the legal acts and decisions and professional ethics of the bodies of the Bar Association. The attorney shall perform his/her rights and fulfil obligations in relation to the Bar Association in good faith. Rights of the attorney in the relationship with the Bar Association (1) The attorney has a right to: 1) participate in the activity of the Bar Association; 2) participate in the hearing of his/her case in the body of the Bar Association; 3) being heard in the body of the Bar Association; 4) make proposals for the entering of an issue into the agenda of the meeting of the body of the Bar Association; 5) receive protection from the Bar Association of the rights related to his/her professional activity; 6) immediately receive a copy of the legal act or decision of the body of the Bar Association and within a period of one month the official standpoint of the body making the decision, except for the general assembly, in the issues of the interpretation of the legal act or explanation of the decision, if the attorney applies for interpretation or explanation. (2) The attorney-at-law has a right to have a seal with his/her name, symbols of the Bar Association and with the small representation of the national coat of arms, which shall be registered according to law. The Board shall establish the standard print of the seal. Obligations of the attorney in relations with the Bar Association The attorney shall immediately notify the Board of the following circumstances: 1) change of name; 2) change of contact data; 3) acquiring and change of education, academic degree, academic position; 4) change of the place of activity; 5) leaving from the place of activity, if the leave lasts for over two months; 6) termination of activities of advocates law office in case of appearance of the bases provided by law, if management of law office has not informed the Bar Association. 7) other important circumstances. Obligations of the owner of the law office in the relationship with the Bar Association The owner of the law office shall immediately notify the Board of the following circumstances: 1) change of the business name or name of the law office; 2) beginning and ending of the activity of the law office, as well as manifestation of the bases for termination of the activity of the law office specified in law; 3) change of the contact data of the law office; 4) if the owner of the law office does not operate as a sole proprietor, the owner of the law office of the change of the personal data of the management or audit bodies; 5) if the owner of the law office operates as a sole proprietor, of the conclusion of the contract of partnership for the owning of the law office and the ending of its validity; 6) making an agreement on professional insurance, presenting promptly to the Board the copy of the agreement; 7) other important circumstances. Requirements applicable to establishment of Law Office (1) At establishment of Law Office, the Law Office’s keeper shall be obliged to submit to Board the following documents: 1) notice on establishment of Law Office, specifying the Law Office’s contact details, incl. lawyers e-mail addresses for delivery of procedure documents; 2) if the Law Office’s keeper does not act as a self-employed person - the notice on personal and contact details of Law Office’s keeper, members of its management and auditing bodies and data on law association’s shareholders or participants; 3) copy of agreement on professional indemnity insurance; 4) document providing evidence to the right of use of Law Office’s premises and copy of layout of Law Office’s premises. (2) Upon establishment of Law Office, the Law Office’s keeper must have available previously elaborated procedures and instructions necessary for operating Law Office. (3) Law Office’s keeper must be ready, upon demand of Board, to submit the documents named in the above paragraph of this clause. § 25 Requirements applicable to Law Office’s keeper (1) Law Office’s keeper shall be obliged in communication with Bar Association: 1) To exercise supervision over professional activity of lawyers acting in Law Office and fulfilment by them of requirements of professional ethics, and also to provide that other employees of Law Office should fulfil the said requirements; 2) To provide for complementary further education of lawyers acting at Law Office; 3) To provide that lawyer, having consented to supply the state legal aid, would do that under the procedure specified in law and in legal acts and decisions of bodies of Bar Association. (2) Law Office’s keeper shall be obliged to provide fulfilment by lawyers acting at Law Office and other employees of the requirements of law and professional ethics, incl.: 1) To provide proper acceptance of task and closing of the client agreement; 2) To provide avoidance of conflict of interests; 3) To notify the client about circumstances related to supply to client of legal service; 4) To provide safekeeping of materials of client’s case; 5) To explain to client the bases of formation of legal service fee; 6) To provide keeping the professional secret; 7) To organise the proceeding of matters at Law Office; (3) If Law Office’s keeper is a law association, fulfilment of obligations of Law Office’s keeper and responsibility therefore shall be vested in lawyers exercising the management function of the law association. If management function in Law Office is exercised by persons, who are not members of Bar Association or if it is not possible to identify the lawyer, exercising the management function in Law Office, fulfilment of obligations of Law Office’s keeper shall be provided by and responsibility therefore shall be vested in participants or shareholders – attorneys at law of the law association. Chapter 4 GENERAL ASSEMBLY General provisions (1) A meeting is the work format of general assembly. (2) General assembly is chaired by one or several chairmen elected by general assembly. Convocation of general assembly (1) General assembly is convened with the issuing of the notice of convocation of general assembly to the attorneys. The notice on the convocation of general assembly shall be published on the homepage of the Bar Association, unless the law provides otherwise. The task of forwarding of the notice on the convocation of general assembly to all attorneys operating in one law office may be assigned to the owner of the law office. The notice on the convocation of general assembly may be forwarded in writing or electtronically. (2) The notice on the convocation of general assembly shall include following data: 1) time and place of taking place of general assembly; 2) agenda of general assembly; 3) other significant circumstances associated with general assembly. Quorum of general assembly (1) General assembly shall adopt resolutions, if more than one-half of the attorneys with the right to vote are represented in the assembly. (2) If one-half of the attorneys with the right to vote or less are represented in general assembly, the Board shall within two weeks from the convocation of general assembly convene a new general assembly that shall have a quorum regardless of the number of participants. (3) If at the convocation of general assembly the requirements of the Bar Association Act or internal rules have been violated, general assembly shall not be justified to adopt resolutions, unless at least two thirds of the members of the Bar Association are represented in general assembly. (4) General assembly may decide issues requiring quick decision, which have not been stated on the notice of convocation of general assembly, if at least two thirds of the attorneys with the right to vote are represented in general assembly vote in favour of this. Minutes of general assembly (1) One or several attorneys prior appointed by the Board of the Bar Association shall take minutes of the general assembly of the Bar Association. (2) The following information shall be entered into the minutes of the general assembly (hereinafter: the minutes): 1) time and place of taking place of general assembly, also the fact whether the assembly is ordinary or extraordinary; 2) names of the attorneys participating and represented in and other persons present at general assembly; 3) names of the chairman and minutes taker of general assembly; 4) agenda of general assembly; 5) names of persons making reports on the items on agenda and a short description of the content of the report, unless the short description of the report has been prior presented in writing; 6) questions asked at general assembly and description of substantive discussion; 7) resolutions adopted at general assembly together with the results of voting; 8) content of the dissenting opinion of the attorney having a dissenting opinion on the decision of general assembly, if the attorney requests the entering of his/her dissenting opinion into the minutes; 9) other circumstances of significant importance. (3) The notice on convocation of general assembly together with annexes, the written proposals and dissenting written opinion presented to general assembly and other written materials provided or made accessible to the attorneys shall be added to the minutes. (4) The chairman and minutes taker of general assembly shall sign of the minutes. Making the minutes accessible, its approval and preservation (1) The minutes shall be accessible at a place, where the Board of the Bar Association is located. (2) The minutes together with annexes shall be preserved without a term. Adoption of resolution of the general assembly (1) An advocate shall either participate in the adopting of a resolution of the general assembly in person or authorise another advocate with the right to vote to participate and vote on his or her behalf in the general assembly. One advocate may not represent more than two advocates at any given general assembly. (2) Every attorney with a right to vote has one vote. (3) An attorney does not have a right to vote, if his/her membership or professional activity in the Bar Association has been suspended by the decision of the Board or the court of honour or his/her interests in the issue at vote contradict the interests of the Bar Association. Upon reasonable doubt the presence of the conflict of interests shall be prior to voting established by the chairman of general assembly. Election of the members and substitute members of the body of the Bar Association (1) The bodies of the Bar Association shall be elected by secret ballot. The chairman of the Bar Association shall be elected pursuant to clause 8 par. The other members of the Bar Association shall be elected pursuant to clause 8 par. (2) Prior to the election of the members of a body of the Bar Association, the general assembly shall determine the number of members and substitute members of the Board, the audit committee and the court of honour, and the number of substitute members being advocates of the court of honour. (3) Every member of the Bar Association may present the candidates elected to the bodies of the Bar Association. (4) Votes may only be given to the candidate having provided a written or oral consent for standing as a candidate. It shall proceed from the consent whether the candidate agrees to be elected as a member or substitute member of the body of the Bar Association. (5) The election committee shall confirm the nomination, entering the candidate on the election note, if the candidate has provided his/her consent for standing as a candidate and meets the requirements established for standing as a candidate by law. (6) In case of a tied vote at election of bodies of Bar Association, if neither of the candidates withdraws, lots shall be drawn. Lots shall be drawn by a member appointed by election committee by toss-up in the presence of lawyers running for office and other members of election committee. Procedure and results of drawing lots shall be reported in minutes of the election committee. (7) If a member of a body of the Bar Association is to be recalled prematurely, the proposal for electing a new member of the body shall include the name of the person to be recalled from the body of the Bar Association. By the election of the new member of the body, the member to be recalled from the body shall be deemed recalled. Secret ballot and establishing of the results of voting (1) General meeting shall for the purpose of secret ballot and establishing of voting results elect the electoral committee at open vote. Up to seven members and three substitute members shall be elected into the electoral committee. The authorizations of substitute members shall each time incur in the alphabetical order, if the member of the electoral committee runs as a candidate to the body of the Bar Association. (2) The electoral committee shall prior to voting each time prepare election notes on the election of the members and substitute members of the body of the Bar Association. The electoral committee shall make the election notes freely accessible to the participants of general assembly at the location of general assembly. (3) The name of the body of the Bar Association to which members are elected, the type of the elected members (member or substitute member) shall be marked in the header of the election note and the family names and first names or the number of candidates, if the list of the candidates is displayed in screen or exposed to view to all attorneys in presentation order of candidates, of the candidates in the order of their nomination as candidates shall be marked in the column under this. (4) At election of a body of Bar Association, lawyer shall put a cross on the election slip after the name or number of candidate or those candidates, in whose favour he or she votes. (5) Prior to the putting of the filled out election note into the election box the attorney shall provide a signature behind his/her name in the list of attorneys with a right to vote. The attorney shall put the election note into the sealed election box. The election committee shall inspect and seal the election box prior to the beginning of voting. (6) Voting shall be considered ended, if during reasonable time all advocates with the right to vote have had an opportunity to vote. The representative of the electoral committee shall announce the considering of voting ended and also provide the initial time of announcing the results. (7) After announcing the vote as ended, the election committee shall open the ballot box, establish the results of voting and proclaim them in public. The election committee shall sum up, how many times cross has been put after the candidate’s name on election slips, for election of the candidate. (8) At the adding together only valid election notes are considered. The electoral committee shall with its majority vote declare the election note invalid, if: 1) this has not been issued by the electoral committee; 2) prior to the putting of the election note into the election box it lacks the print of the seal; 3) on the election note a cross has been marked after the names of more candidates than the number of members to be elected by general assembly determined by the Bar Association Act or general assembly of the body of the Bar Association; 4) if the election note does not reveal the will of the advocate single-mindedly. (9) counting of votes may be electronically. Paragraph 2-5, 7 and 8 clause 1-2 provisions shall not be applicable in case of counting votes electronically. (10) The procedure and results of voting shall be entered into the minutes of the electoral committee, whereas all members of the electoral committee sign its every page. The representative of the electoral committee shall read out the minutes of the electoral committee to general assembly. The minutes of electoral committee shall be an annex to the minutes of general meeting. Drawing up and becoming effective of the resolution of general assembly (1) The chairman of general assembly and minutes taker shall sign the resolution of general assembly. (2) The resolution of general assembly shall become effective at its adoption, unless a different term has been established in the resolution. Adopting a resolution without calling the General Assembly (1) According to Bar Association Act § 81 the voting lawyers of the General Assembly have the right, upon proposal of the Board, to adopt resolutions electronically without calling the General Assembly, except election of bodies of the Bar Association. (2) The decision of the Board on making a proposal to the voting lawyers of the General Assembly shall explain the necessity of such a manner of resolution, approve the draft decision, appoint the deadline of voting, which cannot be shorter than two weeks, as from date of proposal of the Board, and appoint from among attorneys at law at least three minutes’ secretaries recording the results of voting, who cannot be members of the Board. Appended to the proposal of the Board will be the draft resolution approved by the Board, the explanatory letter, provided it has been drawn and the opinions of bodies of the Bar Association on draft resolution. (3) The proposal of the Board and the draft resolution together with appendices will be delivered through office of the Bar Association to voting lawyers by e-mail, using the e-mail address last brought to the notice of the Board by lawyer. The proposal of the Board and the draft resolution together with appendices will also be made available at website of the Bar Association. The circle of voting lawyers will be ascertained as of the date of proposal of the Board. (4) Voting lawyers will cast their votes, i.e. they will express their disposition regarding the draft resolution in the digitally signed form and will deliver it by e-mail to office of the Bar Association at the latest on the last date of voting at 24.00. The votes presented later will not be taken into account. For the rest, the Internal Rules § 31 shall apply. (5) After expiration of the deadline given for voting, the minutes’ secretaries recording the results of voting, appointed by the Board shall check correctness of holding the procedure, they shall indicate the number of voting lawyers and shall count separately the votes cast in favour, against and abstaining. At counting, dismissed by decision of the majority of minutes’ secretaries shall be the e-letters sent for voting, the content whereof does not unambiguously reveal the disposition of the lawyer or in which the disposition has not been presented in the digitally signed form, noting the respective circumstances into the minutes. (6) The resolution shall be adopted, if more than half of votes of the voting lawyers have been given in favour, unless a larger majority vote is specified in law. Recorded in the minutes of results of voting shall be the process of voting and its results, as well as a short summary of dissenting opinions received, if the lawyer having submitted a dissenting opinion has wished its recording in minutes, as well as other circumstances having significant meaning. All minutes’ secretaries shall sign every sheet of the minutes. The minutes of the voting results shall be made available to lawyers at website of the Bar Association. The proposal of the Board being basis of the minutes, the draft resolution set for voting and the minutes of the results of voting shall be preserved in the location of Board of the Bar Association for perpetual duration. (7) The resolution adopted by voting lawyers of the General Assembly electronically will take effect as from publication on website of the Bar Association, unless a different time of taking effect is specified in the resolution. Publishing of the resolution (1) All resolutions of general assembly shall be published on the homepage of the Bar Association. (2) The Secretary General shall issue the uncertified copy of resolutions of general assembly for person with public interest for charge of the costs of preparing the copy. Chapter 5 PRESIDENT, BOARD, SECRETARY GENERAL Chairman of the Bar Association (1) The chairman of the Bar Association (hereinafter: the chairman) shall represent the Bar Association in all legal acts, organise the activities of the Board and chair the sessions of the Board. The chairman of the Bar Association shall be a member of the Board. (2) The chairman shall for the fulfilment of tasks established in subsection 1: 1) conclude contracts in the name of the Bar Association and transactions in the name of the Bar Association pursuant to the law and internal rules; 2) represent the Bar Association as an employer; 3) issue directives the fulfilment of which is mandatory to the members of the Bar Association; 4) establish the procedure of proceeding with matters of Bar Association; 5) ensure the fulfilment of the resolutions of the general assembly and Board; 6) ensure the long term and purposeful organization of the administrative activity of the Bar Association. Vice-chairman of the Bar Association (1) In the absence of the chairman, his/her duties shall be performed by a vice-chairman. (2) The Board shall elect the vice- chairman from among its members. Board (1) General assembly shall determine the number of the members of the Board and elect the members of the Board. (2) The Board shall report to the general assembly and audit committee. Substitution of the member of the Board (1) A substitute member shall substitute a member of the Board. (2) The authorizations of the substitute member as a member of the Board arise at the time established in the decree of the chairman. (3) The chairman shall appoint a substitute to the member of the Board with a decree, if: 1) a member of the Board cannot fulfill the duties of the member of the Board; 2) several members of Board have at voting simultaneously conflict of interests, wherefore the session of the Board is not competent to pass resolutions. 3) a member of the Board has presented to the chairman an application for appointing a substitute member for him/her together with significant reasoning; 4) a member of the Board has been dismissed prior to term or dismissed from the Board due to other reasons. (4) The chairman of the Bar Association may appoint a substitute member of the Board as a member of the Board with the term of up to three months. The authorizations of the substitute member as a member of the Board end at the passing of the term or at the term established in the decree issued by the chairman for the ending of substitution. At the prior removal of the member of the Board or at dismissal from the Board due to other reasons the chairman of the Bar Association may appoint a substitute member of the Board as a member of the Board until the election of the new Board. Session of the Board (1) The main work-form of Board shall be a meeting. (2) The Board may also adopt decisions without calling a meeting, in which case Chairman shall forward draft decision in written or electronically to Board members, setting down the deadline for responding. Voting shall take place by dispatch of a written or digitally signed electronic response. Results of voting shall be recorded in minutes and responses of Board members shall be added to the minutes. Failure to respond by deadline shall be considered a vote against. (3) Sessions of the Board are ordinary and extraordinary. Ordinary sessions are held in accordance with need, but at least once per month. Every year by June 30 and December 30 the Board shall establish the dates for the taking place of ordinary sessions of the following half-year. (4) The ordinary sessions of the Board shall take place at the location of the Bar Association, unless the chairman has notified the members of the Board of some other location in the Republic of Estonia of taking place of the session. (5) The chairman or at least three members of the Board may request the convocation of the extraordinary session of the Board. The chairman shall forward a notice on the taking place of the extraordinary session to the members of the Board at least up to three days prior to the taking place of the session. (6) The chairman shall decide the taking of the issue into the agenda of the session. If a member of the Board or one fifth of the members of the Bar Association have made a proposal on taking the issue into the agenda, the chairman shall take the issue to the agenda of the session. (7) At least two working- days prior to the taking place of the ordinary session the Secretary General makes public the materials of the session of the Board to the members of the Board in Bar Association webpage. (8) The sessions of the Board shall be public for the members of the Bar Association, unless the Board has declared a session or a part thereof closed. (9) Participation of the members of the Board in the sessions of the Board shall be mandatory. Execution of the session of the Board (1) Board shall adopt decisions by a majority vote of Board members. Board member not attending the meeting can vote by means of a communication device, for which a note shall be made in the minutes. Decision shall be deemed as adopted, if over half of Board members have voted in favour of the decision. (2) If there is no necessary quorum for the execution of the session of the Board, upon need the chairman shall decide the convocation of the extraordinary session. In such a case the session of the Board can adopt resolutions regardless of the members of the Board present. (3) The Board shall adopt resolutions by the open majority of the votes of the persons present. At the request of even one member of the Board, secret ballot shall be performed. (4) The minutes taker appointed by the chairman of the session of the Board shall take minutes of the session of the Board. The chairman of the session of the Board and minutes taker shall sign the minutes. The following information shall be entered into the minutes: 1) time and place of taking place of the session, also the fact whether the session is ordinary or extraordinary; 2) names of the persons participating in the session and other persons present; 3) names of the chairman of the Board and minutes taker; 4) agenda of the session; 5) names of the persons making a report on the items of agenda and a short description of the report; 6) essential description of issues being under discussion; 7) resolutions adopted at session (without results of voting); 8) content of the dissenting opinion of the member of the Board having a dissenting opinion on the decision of the session, if the member of the Board requests the entering of his/her dissenting opinion into the minutes; 9) other circumstances of significant importance. Contestation of the resolution of the Board (1) The interested person may file an appeal on the resolution of the Board to general assembly. The appeal to general assembly shall be presented through the Board. (2) The Board shall review the appeal. The Board has the right to change or abrogate the resolution. Upon changing or abrogation the appeal shall be considered satisfied and the Board shall not forward this to general assembly. (3) If the Board does not change or abrogate its resolution in accordance with the appeal, the Board shall present the appeal together with the explanation provided by the Board to general assembly. The Secretary General shall immediately forward the copy of the explanation of the Board to the person filing the appeal. (4) The Board shall convene an extraordinary general assembly, if one fifth of the members of the Bar Association have filed an appeal on the activity or resolution of the Board and general assembly has not yet been convened. (5) The person filing an appeal, upon his/her absence the chairman of general assembly, shall read it out it to general assembly. The member of the Board appointed by the Board shall read out the explanation of the Board. Secretary General (1) The board shall appoint a Secretary General for the term of five years, with who chairman shall conclude an employment contract in the name of the Bar Association. (2) The Secretary General shall: 1) arrange the records management of the Bar Association; 2) shall manage work of the Office of Bar Association and upon need, shall appoint employees of the Office responsible for fulfilment of tasks or doing procedures of Permanent Secretary, specified in Rules and Regulations. 3) forward the notices and resolutions of the bodies of the Bar Association; 4) in the cases provided by law, organize the publication of the resolutions of the bodies of the Bar Association in “Ametlikud Teadaanded"; 5) participate in the sessions of the Board without a right to vote; 6) sign the documents and letters in the name of the Bar Association, unless signing belongs to the competence of other persons pursuant to law, the present internal rules or resolution of the bodies of the Bar Association; 7) fulfil other tasks given by the Board or established in the internal rules. Chapter 6 AUDIT COMMITTEE Audit committee (1) General assembly shall establish the number of the members and substitute members of the audit committee and elect the members and substitute members. Auditing committee is at least three members strong. (2) The chairman of the audit committee shall organize the work and chair the sessions of the audit committee. (3) A substitute member shall substitute a member of the audit committee. (4) The authorizations of the substitute member as a member of the audit committee arise at the term established in the decree of the chairman of the Bar Association. Every member of the audit committee may make a proposal to the chairman of the Bar Association for the appointing of a substitute to the member of the audit committee. (5) The chairman of the Bar Association shall with a decree appoint a substitute to the member of the audit committee from among the substitute members, if: 1) the member of the audit committee cannot fulfil the duties of the member of the audit committee; 2) the member of the audit committee has a conflict of interests at voting; 3) the member of the audit committee has presented an application for appointing a substitute member to his/her position together with substantive reasoning (to the chairman of the Bar Association; 4) the member of the audit committee has been dismissed prior to term or dismissed from the audit committee due to other reasons. (6) The chairman of the Bar Association may appoint a substitute member of the audit committee to the position of the member of the audit committee with the term of up to three months. The authorizations of the substitute member as a member of the audit committee end at the passing of the term or at the term established in the decree issued by the chairman for the ending of substitution. At the dismissing of the member of the audit committee prior to the term or his/her dismissal from the audit committee due to other reasons the chairman of the Bar Association may appoint a substitute member of the audit committee to the position of the member of the audit committee until the election of the new audit committee. (7) The audit committee shall report to general assembly. (8) Auditing commission shall have the right to demand from Board nominating of an auditor for auditing the Bar Association’s economic activities or Bar Association’s annual accounts, or involving other experts. Work organization of the audit committee (1) A session shall be the work format of the audit committee. (2) The sessions of the audit committee shall take place pursuant to need, but at least four times per year. (3) The sessions of the audit committee shall take place at the location of the Board of the Bar Association, unless the chairman of the audit committee has notified the members of the audit committee of some other location in the Republic of Estonia of taking place of the session. (4) The chairman of the audit committee shall convene the audit committee at his/her own initiative or at the request of the other members of the audit committee, the chairman of the Bar Association or the Board. (5) At least five days prior to the taking place of the session of the audit committee, chairman of the audit committee shall forward the agenda of the session to the members of the audit committee. The agenda may be forwarded in written or electronically. (6) The chairman of the audit committee shall decide the taking of the issue into the agenda of the session. If the member of the audit committee or the chairman of the Board or at least ten advocates have made a proposal on the taking of the issue to the agenda, the chairman of the audit committee shall take the issue to the agenda of the session. Execution of the session of the audit committee (1) The audit committee shall adopt resolutions, if all the members of the audit committee participate in this. (2) If there is no necessary quorum for the execution of the session of the audit committee, upon need the chairman of the audit committee shall decide the convocation of an extraordinary session. The session of the audit committee convened in such a manner shall adopt resolutions, regardless of the number of the participants of the session of the audit committee. (3) The audit committee shall adopt resolutions by public majority vote of the participants of the session. (4) The session of the audit committee shall be in camera. The persons invited by the audit committee may be present at the meeting of the audit committee. (5) The minutes taker appointed by the chairman of the session of the audit committee shall take minutes of the session of the audit committee. The chairman and minutes taker of the session shall sign the minutes. The following information shall be entered into the minutes: 1) time and place of taking place of the session, also the fact whether the session is ordinary or extraordinary; 2) names of the members of the audit committee participating in and other persons present at the session; 3) names of the chairman and minutes taker of the session; 4) agenda of the session; 5) names of persons making reports on the items on agenda and short description of the content of the report; 6) questions asked at the session and description of substantive discussion; 7) resolutions adopted at the session together with the results of individual vote; 8) content of the dissenting opinion of the member of the audit committee having a dissenting opinion on the resolution of the audit committee, if the member of the audit committee requests the entering of his/her dissenting opinion into the minutes; 9) other circumstances of significant importance. Chapter 7 COURT OF HONOUR AND PROCEEDINGS OF COURT OF HONOUR Competence of the Court of Honour Court of Honour shall: 1) discuss matters concerning disciplinary offences committed by attorneys; 2) by way of conciliation procedure, solve issues related to the reasoning of the attorney’s fee or legal service expense contested by the client as well as disputes between the attorneys arising from professional activity; 21) resolves disputes arising from a contract entered into with a consumer pursuant to conciliation procedure; 3) discusses other matters issued to the competency court of honour by law. Formation of court of honour (1) The court of honour shall be formed of at least seven members for a term of four years. The court of honour shall comprise at least four sworn advocates elected by the general assembly of the Bar Association, two judges elected by the general assembly of judges and at least one legal scholar appointed by an institution of higher education granting at least master’s degrees in Law that has been nationally recognised. (11) The Board of the Bar Association shall decide on the institution of higher education to determine the legal scholar and their substitute member for the court of honour of the Bar Association. (2) Member of the court of honour cannot belong to the Board, the Professional suitability commission or auditing committee. Elected to court of honour may be an attorney at law, who has worked as attorney at law at least ten years. (3) The work of the court of honour will be managed by chairman, who will be elected by members of the court of honour from among members-attorneys at law of the court of honour. (4) A member of the court of honour being a sworn advocate shall be substituted for by a substitute member. The substitute member must comply with the requirements established for a member of the court of honour. The general assembly shall determine the number of the members and substitute members of the court of honour and elect the members of the court of honour being sworn advocates and their substitute members. (5) Powers of the relief member as member of the court of honour will be created at the time specified in order of the chairman of the court of honour. Every member of the court of honour may make a proposal to chairman of the court of honour about approinting a substitute to a member of the court of honour. (6) Chairman of the court of honour will appoint by order from among the relief members the substitute – attorney at law of court of honour, if: 1) the member of court of honour – attorney at law cannot fulfil the obligations of the member of court of honour; 2) the member of court of honour – attorney at law has, at discussing and/or deciding of the matter, the conflict of interests and other members of the court of honour cannot be appointed into composition of the court; 3) the member of court of honour – attorney at law has submitted to chairman of the court of honour an application for appointing in his stead a relief member, presenting valid motivations; 4) the member of court of honour – attorney at law has been early recalled or has dropped off the court of honour for other reasons. (7) Chairman of the court of honour may appoint the member of court of honour – attorney at law, the member of court of honour for the period of concrete conciliation procedure and court of honour procedure of disciplinary offence. Chairman of the court of honour may revoke the powers of the relief member by his order before end of concrete conciliation procedure and court of honour procedure of disciplinary offence. Upon early recall of member of court of honour- attorney at law or upon his dropping off the court of honour for other reasons the chairman of the court of honour may appoint the relief member of court of honour – attorney at law until new election of members of court of honour – attorneys at law. (8) Meetings of judges of court of honour will be held in the location of Bar Association, unless chairman of the court of honour has not notified members of the court of honour about another venue of meeting in the Republic of Estonia. The meetings of judges of the court of honour discuss the organisational and other issues of general interest related to the activities of the court of honour. Five days before meeting of judges of the court of honour at the latest, the chairman of the court of honour will deliver through Secretary General to members of court of honour the agenda of the meeting and copies of materials to be discussed at the meeting. Agenda can be delivered in writing on electronically. Initiation of the court of honour procedure Initiation of Court of Honour procedure shall take place under bases and procedure established in Bar Association Act. Composition of court of honour (1) Court of honour will discuss the matter in the composition of at least three members strong (hereinafter composition of court). The composition of court of the court of honour, incl. president of the court (hereinafter president), for considering the case will be appointed by chairman of the court of honour. (2) The case will be considered from start to end by the same composition of the court. When the composition of the court of the court of honour changes during considering the case, the case will be considered anew from the very beginning, if the lawyer, in respect of whom the court of honour procedure has been initiated, applies for it or if the court of honour considers it necessary. If the previous composition of court has heard the statement of the witness, the new composition of court must not repeat that procedure; in that case the court of honour will disclose at session the statements of the witness. Preparation of the session of the court of honour (1) If a case is settled in a verbal procedure, Chairman shall appoint the time and place of holding meeting of Court of Honour in the Republic of Estonia. (2) Chairman shall appoint member of panel of Court of Honour, to prepare the case for consideration. Member of Court of Honour, preparing the case for consideration shall present a proposal to Chairman on calling lawyers and other relevant persons to meeting of Court of Honour. Chairman shall call to meeting of Court of Honour lawyers and other relevant persons. In case of both verbal and written procedure of Court of Honour, member of Court of Honour preparing the case for consideration shall make a proposal to Chairman for collecting additional materials. Chairman shall collect additional materials. Inviting to the session of the court of honour (1) Persons to be called to meeting of Court of Honour shall be sent invitations by registered mail, electronically to the e-mail address made known to Bar Association or delivered against signature. (2) Invitations to the session of the court of honour shall always be sent in a manner that the person invited would have enough time for the preparation of the case and can appear to the session. (3) A personal invitation to a session of the Court of Honour shall be sent to an advocate to the law office at which he or she offers legal services or to the advocate’s e-mail designated for the delivery of procedural documents. If an advocate has discontinued his or her activities at a law office or information about his or her place of establishment is not available, the invitation will be sent to the address stated by the advocate according to § 22 par. 2 of the Code of Conduct. If the invitation is mailed by post, the invitation will be considered delivered to the advocate two working days after being transmitted to the postal service provider. The electronically sent invitation will be considered delivered after it has been dispatched to the advocate’s e-mail designated for the delivery of procedural documents. (4) The delivery of the invitation of the session of the court of honour to the attorney can be assigned to the owner of the law office or patron of the attorney. The owner of the law office or supervisor or patron of the attorney shall provide to the court of honour a notice on the fact and time of the delivery of the invitation with the signature of the attorney. (5) The invitation to the session of the Court of Honour will state the name of the invitee, the time and the place of the session of the Court of Honour, the matter and the role of the invitee. The invitation to the advocate with regard to whom the Court of Honour proceedings have been initiated will inform the invitee that he or she is required to appear at the session of the Court of Honour and the failure to appear at the session without a compelling reason will not stop the matter to be discussed. (6) The invitation to the session of the court of honour shall be deemed delivered to the attorney, if it has been delivered to a grown up family member residing together with the attorney against signature. (7) An invitation to a person other than an advocate to a session of the Court of Honour will be sent either to his or her indicated e-mail address or by mail to his or her residential address. Consideration of the case in the court of honour (1) The language of the court of honour procedure shall be Estonian. (2) The session of the court of honour will be opened by president of the court of honour. The minutes’ secretary will be appointed and made known by president. After opening of the session, removed from the room of session of the court of honour will be all persons called in connection with the consideration of the case, except the lawyer, in respect whereof the court of honour procedure has been initiated. Other persons may attend the session upon permit of court of honour. The lawyer, in respect whereof the court of honour procedure has been initiated, other persons invited to session of the court of honour and other persons attending the session upon permit of the court of honour do not have the right to record the session of the court of honour, except in case the court of honour considers it necessary and that position has been recorded in minutes. (3) Opening the meeting of Court of Honour, Chairman shall make known to lawyer, in whose respect the Court of Honour procedure has been brought, the panel of Court of Honour and notify him or her of the rights and obligations specified in Rules and Regulations § 55. Rejections and requests shall be decided by Court of Honour ruling. (4) The member of the court of honour having prepared consideration of the case will present a summary about facts of the case and documents appended to materials of the case. (5) The court of honour is not bound, at considering the disciplinary offence, by data known at initiation of the court of honour procedure or by the confines of application for iniatiation. The court of honour will have the right to collect evidence on its own initative or upon initiative of the lawyer or an interested person and upon demand of the court of honour the lawyer is obligated to present to the court of honour the evidence at his or her disposal. (6) Having heard the lawyer, in respect whereof the court of honour procedure has been initiated, and the persons called to session and having presented the materials of relevance to the case, the court of honour will decide whether it can terminate discussion of the matter on the substance of the case. (7) If the court of honour considers important finding out additional circumstances or collection of additional evidence, it will decide for consideration of the case the time and venue of the new session. (8) The disciplinary offence is considered in the presence of the lawyer, in respect whereof the court of honour procedure has been initiated. If the lawyer cannot attend the session of the court of honour for a valid reason, he or she must notify the court of honour about his failure to appear and its causes by the time of holding the session of court of honour, at the latest. If the lawyer fails to make appearance at the court of honour session without a valid reason, the court of honour can discuss a case without the lawyer’s attendance. The court may restore the court of honour procedure, if the lawyer failing to put up an appearance within ten days as from session of the court of honour applied from court of honour the restoration of the procedure and submits the evidence confirming the vald reasons for failing to turn up. The court of honour will solve the restoration of the procedure by a regulation. In case the court of honour has adopted the decision in disciplinary offence case, in case of restoration of the procedure it is considered that the decision of the court of honour has not taken effect. The restored procedure will continue at the court of honour where the procedure was suspended. (9) If the court of honour decides that the consideration of the the matter on substance of the case can be terminated, it will specify the time of announcement of the decision. (10) The process of session of the court of honour is recorded in minutes by a person appointed by chairman of the court of honour. The session of the court of honour will be sound-recorded, if so decided by the court of honour. The minutes of the court session of the court of honour must reflect the process of consideration of the case and the matters significant from the point of view of solution of the case. The lawyer, in respect whereof the court of honour procedure has been initiated, will have the right to demand recording of such circumstances in the minutes, which he considers important. The minutes will be signed by president and drawer of the minutes. (11) Court of honour will pass the decisions within six months as from starting the court of honour procedure. The term will not include the time, when court of honour procedure was suspended. The court of honour procedure is suspended for the time, when the disciplinary offence case cannot be considered due to circumstances, depending on the lawyer, in respect whereof the court of honour procedure has been initiated. (12) The suspension of professional activity for the time of court of honour procedure (Internal Rules § 16) is not considered a disciplinary penalty. Rights and obligations of the lawyer (1) The lawyer, in respect whereof the court of honour procedure has been initiated, will have the right to study all materials of the case, to give to the court of honour oral or written explanations, to submit counterclaims, substantiations and considerations regarding all issues raised in the court of honour proceedings, to submit a rejection against member of court of honour or minutes’ secretary, if the circumstances create doubt in his impartiality, to submit applications and evidence and to take part in consideration and study of evidence, to submit questions to the persons called to the session, to obtain a copy of resolution of the court of honour and minutes and to hear the sound-recording of the session of the court of honour, if the session has been sound-recorded. (2) Lawyer, in whose respect the Court of Honour procedure has been brought shall be obliged to appear at Court of Honour meeting. Obligation to appear at meeting in person shall not deprive the lawyer of the right to use in the case of a representative. § 56 Termination of the court of honour proceedings (1) Court of honour will terminate the proceedings with its regulation, when the lawyer, in respect whereof the court of honour procedure has been initiated, dies. (2) Court of Honour shall terminate by its ruling, procedure of the disciplinary case, when the term of adjudging disciplinary punishment (Bar Association Act § 19 par. 6) has lapsed. Court of honour may carry out procedure for giving professional ethics assessment with respect to a lawyer’s activity also after expiration of the deadline for handing down the disciplinary penalty. (3) Court of honour may terminate the proceedings with its regulation, when: 1) the person having submitted the application for initiation of court of honour procedure rescinds his application; 2) Court of honour approves the compromise agreement made between person having submitted the application for initiation of court of honour procedure and the lawyer, in respect whereof the court of honour procedure has been initiated. (4) In case the procedure is terminated the person cannot refer to court of honour again in the same disciplinary offence case. Decision of the court of honour (1) Decision of the court of honour is a ruling, whereby the court of honour solves the matter on substance of the case. (2) Court of honour will adopt the decision by majority vote of the members having attended the consideration of the case. If the vote of members of the court of honour is tied, the president has the casting vote. The member of court of honour with minority vote can present a dissenting opinion to the decision of the court of honour. In that case in the end of decision of the court of honour it is specified, who among members of the court of honour held the dissenting opinion. A synopsis of the dissenting opinion is noted after the signatures and it will be signed by the member of court of honour having expressed the dissenting opinion. (3) The decision of the court of honour must be lawful and substantiated. In the introductory part of the decision, the time of making the decision, the time of last session of the court of honour, the names of members of the court of honour having made the decision and the name of the lawyer, in respect whereof the court of honour procedure was initiated are indicated. In the descriptive part of the decision, the basic content is indicated, highlighting the elements of disciplinary offence, on the basis whereof the court of honour procedure was carried out, the claims submitted in their regard, counterclaims and evidence submitted. In the motivating part of the decision there are indicated the motivations, underpinning the decision factually and legally. The resolutive part of the decision clearly and unambiguously indicates the solution given to the disciplinary offence case. If the court of honour ascertains absence of disciplinary offence in the lawyer’s activity, the motivating part of the decision of the court of honour can be synopsised. (4) Decision of the court of honour is executed in written and it will be signed by all members of the court of honour having attended the resolution of the case. (5) The Court of Honour announces its decision at session. The Court can only announce the resolutive part of the decision at the session, announcing the motivated decision within two weeks after the end of the Court session. (6) Decision of Court of Honour shall take effect on making public of the motivated decision. Court of Honour decision, whereby a person is stripped of his or her right to act in Estonia as lawyer of a foreign country will take effect when approved by Board. (7) One can lodge an appeal or a protest against the effective decision of the Court of Honour to the Administrative Court, according to the provisions of the Bar Association Act. (8) The court of honour may upon its own initiative, or on the basis of application of the lawyer, in respect whereof the court of honour procedure was initiated, by its regulation to rectify in the decision the typing errors and errors of calculation and other evident mistakes which do not affect the content of the decision. Before correcting the decision the court can carry out a session of the court of honour. Complaint can be submitted agains regulation of rectifying the mistakes. (9) If one court of honour procedure comprises several cases with elements of disciplinary offence, the court of honour can make a separate decision with regard to every one of them. Regulation of the court of honour (1) Regulation of the court of honour is a judicial solution, whereby the court of honour does not resolve the matter on the substance of the case. (2) The court of honour makes the regulation with majority vote of members attending the consideration of the case. If the vote of members of the court of honour is tied, the president has the casting vote. (3) Regulation of the court of honour is made orally or in written. The oral regulation will be announced promptly and recorded in minutes of the session of the court of honour. Disciplinary liability (1) For ignoring the requirements of legal acts regulating the activity of lawyer or requirements of professional ethics the court of honour can adjudicate a disciplinary penalty. (2) Disciplinary penalties are: 1) reprimand; 2) monetary penalty to the benefit of Bar Association in the amount from 64 to 16 000 euros; 3) suspension of the professional activity for up to one year; 4) expulsion from Bar Association; 5) divesting of the right to act as receiver in bankruptcy for up to five years. (3) To lawyer of a foreign country, the court of honour can adjudicate the penalty named in par. 2 p. 2 or strip him of the right to act in Estonia as lawyer of a foreign country. (4) When handing down the penalty the court of honour will take into account the substance of the matter considered and the personal characteristics of the lawyer. (5) For one disciplinary offence only one displinary penalty can be handed down. When handing down the disciplinary penalty, the criminal punishment adjudicated for the same act is not taken into account. (6) Disciplinary punishment cannot be adjudged, if over three years have elapsed from commitment of the disciplinary offence. This term shall not include the time when Court of Honour procedure was suspended. Conciliatory procedure (1) Conciliatory procedure is the procedure carried out by the court of honour, aimed at conciliation of the disputing parties. (2) For initiation of the conciliatory procedure the client, wishing to challenge the motivation of lawyer’s fee or claim for legal service expense, or the lawyer, who wishes solution of dispute arising of lawyers professional activity, may submit a respective application to the court of honour or the Board. (3) The court of honour will decide initiation of the conciliatory procedure within two months as from receipt of the application specified in par. (4) The court of honour will carry out the conciliatory procedure subject to equitable discretion under a simplified procedure, providing observance of basic rights and hearing the disputing party upon his request. When carrying out conciliatory procedure, there is no need to observe the requirements of Internal Rules § 50, § 51 par. 2, § 52, § 53, § 54, § 55, § 57, § 58 and § 59. (5) The position of the court of honour adopted in conciliatory procedure case is of advisory nature and cannot be appealed against. (6) If in the process of conciliatory procedure disciplinary offence elements are revealed in the act of the lawyer, the court of honour will start the disciplinary proceedings, in respect whereof the clauses of court of honour procedure regulating disciplinary proceedings shall apply. § 601 Conciliation procedure with consumer The procedure for resolving a dispute arising from a contract entered into with a consumer (clause 48 21) shall be established with a resolution of the Board. Chapter 8 PROFESSIONAL SUITABILITY ASSESSMENT COMMITTEE AND ORGANIZATION OF AVOCATE’S EXAMS Professional suitability assessment committee (1) The professional suitability assessment committee shall conduct examinations for applicants wishing to join the Bar Association and applicants for lawyer’s profession, conduct a suitability test concerning professional qualification acquired in a foreign country and periodically or upon assignment by the Board assess the professional suitability of advocates. The professional suitability assessment committee shall conduct an interview with a person who has submitted an application to become a member of the Bar Association on the basis of subsection 26 (31) of the Bar Association Act. (2) Professional suitability commission is formed under procedure as specified in law. (3) No later than one month before the expiration of the mandate of the composition of the professional suitability assessment committee, the Board of the Bar Association shall appoint at least six sworn advocates and at least two substitute members for them in the new composition of the professional suitability assessment committee. No later than one month before the expiration of the mandate of the members of the professional suitability assessment committee, the Board of the Bar Association shall make a proposal to the general assembly of judges to elect two judges and two substitute members for them to the composition of the professional suitability assessment committee, to the Minister of Justice to appoint to the composition of the professional suitability assessment committee a representative of the Ministry of Justice and their substitute member, to the general assembly of prosecutors to elect to the composition of the professional suitability assessment committee a state prosecutor and their substitute member, and to an institution of higher education granting at least master’s degrees in Law that has been nationally recognised to appoint at least one legal scholar and their substitute member to the composition of the professional suitability assessment committee. Working format of the professional suitability assessment committee (1) At a session of the professional suitability assessment committee, the oral part of the advocate’s exam is heard and other issues laid down in law and the Code of Conduct to be decided at a session of the professional suitability assessment committee. The professional suitability assessment committee has the right to decide other issues within the competency of the professional suitability assessment committee, either by electronic or written voting procedure. (2) The first session of the new composition of the professional suitability assessment committee will be convened by the oldest of the sworn advocate members of the professional suitability assessment committee. At the first meeting of the new composition of the professional suitability assessment committee, the members of the professional suitability assessment committee will appoint a chairman of the committee from among the sworn advocate members, who shall organise the work of the committee. (3) The chairman of the professional suitability committee shall be elected by public vote. Every member of the committee has one vote. The candidate receiving over one half of the votes of the members of the committee participating in voting shall be considered elected as the chairman of the committee. If as a result of voting the chairman of the professional suitability committee is not elected, a second round shall be organised between the two candidates that received the greatest number of votes during the first round of voting. (4) At the withdrawal of a member of the professional suitability assessment committee a new member shall be appointed to replace him/her according to the procedure laid down at § 61 par. 2 of the Code of Conduct. In case the chairman of the committee is withdrawn, a new chairman of the committee will be elected as stipulated in the third paragraph of this article. (5) If a quorum is not reached, the chairman of the professional suitability assessment committee will determine without delay a new time for a session to take place that has to fall within two weeks at the latest. The purpose and evaluation of an advocate’s examination (1) A person who wishes to take the advocate’s examination shall file an application to the Board of the Bar Association, which then makes a decision about the person’s examination. (2) The purpose of the examination is to determine whether the examinee’s theoretical knowledge as well as ability to use the knowledge in advocate’s activities correspond depending on the type of examination to the standard requirements established for a assistant of attorney-at-law or a sworn advocate. The advocate’s examination also aims at determining whether the personal characteristics of a member candidate to the Bar Association are suitable for an advocate’s activities. (3) At the examination of a assistant of attorney-at-law, the examinee’s theoretical knowledge is tested with reference to the Master’s degree curricula of departments of law of accredited universities in Estonia. (4) At a sworn advocate’s examination, an examinee’s theoretical knowledge and skills to use that knowledge in lawyer’s activities are tested, with reference to the highest requirements presented to an advocate. A sworn advocate must be familiar with legislation and court practice; must also be able to provide quality legal aid in complicated legal disputes, has to possess profound theoretical knowledge in one of the following domains: private law and civil court procedure; constitutional law, public law and administrative court procedure; penal law and criminal procedure. The examinee must be able without given time for prior preparation to give preliminary estimates regarding issues of substantive and procedural law as well as issues relating to advocate’s professional activities and professional ethics. A sworn advocate shall be able to act as a patron and run a law office. (5) While evaluating the personal characteristics of a member candidate to the Bar Association, the committee will assess on the basis of the interview and other information available about the person applying for membership to the Bar Association the person’s moral characteristics, oral and written argumentation skills, communication skills as well as his or her command of the official language and other qualities characterising the person. Organisation of advocate's examination (1) The advocates’ examinations take place at least twice a year. (2) For the purpose of organising the advocate’s examination, the professional suitability committee will compile lists of domains to be covered at the written and oral parts of the examination. (3) Questions of examination tickets of assistant to attorney at law and senior assistant to attorney at law and the case tasks must embrace all branches of law occurring in professional activity of lawyers. Attorney at law examination ticket will contain questions from one domain selected by the examinee and the case task too will be selected by the person taking the attorney at law examination from one domain. (4) The questions and case assignments for a test of sworn advocate's clerk should encompass all domains of law occurring in the professional activities of an advocate. The questions for a sworn advocate’s test should encompass all domains of law occurring in the professional activities of an advocate and the examinee taking the sworn advocate test will choose the case assignment from among the domains listed in § 63 par. 4 of the Internal Rules. The consequences of failing to appear for an advocate's examination If an examinee does not appear for the examination on the designated date, a “failed to appear” will be noted in the examination protocol instead of a grade. The entry “failed to appear” equals to a negative grade unless the failure to appear was due to compelling reasons. For evaluating the occurrence of compelling reasons, the examinee is required to present the reasons for failing to appear with corroborative evidence within ten days as of the day of not appearing for the examination. Parts of advocate's examination In order to pass the advocate’s examination, the examinee first takes the written and then the oral part of the examination. The prerequisite for being allowed to solve the case assignment during the written examination is a positive result for the test. The precondition for being allowed to sit the oral examination is a positive grade in the written test and case assignment. Written part of advocate's test (1) In the written part of the examination, the examinee will complete a test about theoretical legal questions and will solve a case assignment in writing. (2) A person taking the sworn advocate’s examination will choose the case assignment from among the domains listed in § 63 par. 4 of the Internal Rules. (3) Auxiliary materials are not allowed for completing the test. For solving the case assignment, the examinee can use legal acts, rulings of the Supreme Court, other auxiliary materials allowed by the professional suitability commission as well as a computer and a printer. Communicating with others and using auxiliary materials not listed under this clause are not allowed during the examination. (4) The examinee will have reasonable amount of time determined by the professional suitability committee to complete the test and solve the case assignment. (5) If the examinee uses unauthorised auxiliary materials or communicates with third persons, the note “removed from the examination” will be entered into the examination protocol instead of a grade. The entry “removed from the examination” is equal to a negative grade. Oral part of advocate's examination (1) In the oral part of the examination, the examinee will answer questions about the professional work and professional ethics of an advocate at the session of the professional suitability committee. (2) Members of the professional suitability committee have the right to ask supplementary questions with regard to the case assignment solved by the examinee in the written part of the examination. Appraisal and announcement of examination results (1) The test comprising of theoretical legal questions receives a positive grade if at least 70% of the questions have been answered correctly, whereby the proportion of correct answers to questions regarding any of the domains listed in § 63 par. 4 of the Internal Rules or questions regarding the professional work and professional ethics of an advocate must not be below 51%. The examinee will be notified of the results of the test on the day of the test. (2) Each member of the committee shall evaluate the solution of the case assignment and the explanations given concerning the solution of the case in the oral exam with an integer ranging from one to ten without previously discussing the grade with the members of the committee. The case assignment of the written part of the examination has been successfully passed if the examinee has received 5 points or more. (3) In the oral examination, each member of the committee shall evaluate the answers of the examinee with an integer ranging from one to ten without previously discussing the grade with the members of the committee. The oral part of the examination has been successfully passed if the examinee has received 5 points or more. (4) At the end of the examination, an average will be calculated upon the grades awarded by committee members for the solution of the case assignment and the replies to the questions of the oral examination. (5) Grade averages will be rounded to whole numbers, whereby a grade ending with a decimal of five or larger will be rounded up to the nearest whole number and lower grades will be rounded down to the nearest smaller whole number. (6) The personal characteristics of a Bar Association member candidate will be deemed suitable if at least one half of committee members present at the session have deemed the examinee’s personal characteristics suitable. (7) The committee will draw up a written decision regarding the results of the advocate’s examination that will be signed by all members present at the session. The committee’s decision will include: 1) the date and number of the decision; 2) the names of people participating at the committee session; 3) the name of the examinee; 4) type of examination (examination of a clerk of a sworn advocate, examination of a sworn advocate). 5) the decision about the candidate member to the Bar Association – the suitability or unsuitability of his or her personal characteristics. The committee must reason unsuitability. 6) committee’s decision regarding whether the examinee has passed the advocate’s examination. (8) The professional suitability committee announces examination results and the decision of the professional suitability committee at the session of the professional suitability committee in the presence of the examinee without delay after the results have been finalised. The grade awarded by a member of the professional suitability committee will not be announced. (9) Upon request by the examinee, the Board of the Bar Association will issue a copy of the committee’s decision within five working days as of the committee session. (10) In the case that the decision of the committee must be reasoned according to paragraph 7 indent 5 of this clause, the Board will issue the reasoned decision of the committee to the examinee within two weeks as of the committee session. (11) The chairman of the professional suitability committee forwards the decision of the professional suitability committee together with the examination results to the Board. The Board of the Bar Association will retain the decisions of the committee and a copy will be included in the file of the advocate subject to the decision. (12) The provisions of this clause will also be applied to the re-examination procedure. Challenging the examination results (1) Examinee may challenge with a written complaint the examination results in Board of the Bar Association within two weeks as from learning about the examination results. (2) Board will take decision on complaint within one month as from receipt of the complaint. (3) Board may annul examination results on the basis of complaint only in case the Professional suitability commission has, at carrying out the examination or at establishing the examination results, materially violated the clauses of law, Internal Rules or lawyer’s examination procedure. When considering the complaint the Board has no right to appraise the knowledge of complainant. (4) If the Board annuls the examination results, the Professional suitability commission must be obliged within two weeks as from receipt of the Board’s decision, to consider again the examinee’s professional suitability and examination results. Giving appraisal to advocate's professional suitability (1) Appraisal to advocate's professional suitability will be given by Professional suitability commission on the basis of decision of the Board of the Bar Association. In the decision the Bar Association’s Board shall specify, under which circumstances it is necessary to give appraisal to lawyer’s professional suitability. (2) Having obtained the decision of Bar Association’s Board, members of the commission will study the documents reflecting the advocate's professional activity and upon need also the court dossiers. For results of study a written summary will be drawn, signed by members of commission having studied the advocate's professional activity. Copy of the summary will be delivered to the lawyer at least two weeks before session of the commission. (3) Advocate's professional suitability is appraised at session of the Professional suitability commission in the lawyer’s presence. (4) Advocate's professional suitability is appraised by commission on the basis of data, presented in summary of advocate's professional activity, as well as appraisal interview and answers given to questions of commission’s members. Members of commission may present questions to the advocate, arising from the grounds of his current professional activity, as well as questions from various branches of law in order to find out, whether the lawyer has theoretical knowledge and practical skills necessary for successful professional activity. (5) Advocate's compliance with requirements of professional activity is appraised by every member of Professional suitability commission, without preliminarily discussing the appraisal with members of commission. Commission will acknowledge lawyer as unsuitable for advocate's activity, if such an appraisal has been given by more than half of members attending the session of commission. (6) Decision of commission, whereby advocate has been acknowledged as unsuitable for advocate's activity, must be substantiated. Copy of the substantiated decision of the commission is delivered to advocate within two weeks as from session of the commission. Periodic appraisal of advocate's professional suitability (1) Professional suitability commission will periodically appraise the scope of advocate's continuous personal development on the bases and under procedure specified in Bar Association Act § 341 par. (2)On the bases stipulated in subsection 341 (6) and (7), the professional suitability assessment committee shall carry out an assessment with an advocate to verify the knowledge of the advocate. (3) At the assessment specified in subsection (2) of this section, the members of the committee may ask the advocate questions about different branches of law to verify whether the advocate has the theoretical knowledge and practical skills required for successfully exercising the activities of an advocate. (4) The committee shall assess the compliance of the advocate with professional suitability requirements on the basis of the assessment results and draw up the decision pursuant to the procedure stipulated in subsections 71 (5) and (6) of the internal rules. Giving appraisal to professional qualification acquired in a foreign country (1) The commission will appraise the professional qualification of a person having the right to operate in a foreign country as fully-fledged lawyer, to act as an attorney at law on the basis of suitability test. (2) The goal of the suitability test is to appraise whether the persons theoretical knowledge and practical experience meets the requirements regularly presented in Estonia to attorney at law and whether the person knows sufficiently the rules of professional conduct established for lawyers, as well as to appraise the person’s characteristics and skills and experience to act in Estonia as attorney at law. (3) For passing the suitability test the person must adequately know the Estonian legislation, main legal acts specifying the activity of the Estonian Bar Association and lawyer’s activity and requirements of professional ethics. (4) Results of the suitability test are appraised by Professional suitability commission at a session. Results of the suitability test are appraised by every member of the commission without earlier discussing the appraisal with commission’s members. (5) Commission will recognise the professional qualification of a person having the right to operate in a foreign country as fully-fledged lawyer, to act as an attorney at law, if such appraisal has been given by more than half of commission’s members having attended the session. (6) For results of the suitability test the Professional suitability commission will draw a written decision, signed by all commission’s members having attended the session. Decision will specify: - decision’s date and number of order; - names of members of Professional suitability commission having attended the session and the name of the person having taken the suitability test; - in what foreign country the person has the right to operate as a fully-fledged lawyer; Decision of the Professional suitability commission on acknowledging the professional qualification. (7) Commission’s decision, whereby the person’s professional qualification is not acknowledged must be substantiated. (8) Professional suitability Commission’s decision for passing the suitability test will be announced at the same session of commission in the presence of the person having done the suitability test promptly after the result is found out. The result of voting of the Professional suitability commission will not be made public. (9) The copy of decision for passing the suitability test will be delivered by Board upon wish of the person having passed the test within 5 days after submitting the respective wish. The Board will deliver to the person having failed to pass the suitability test a substantiated decision within two weeks as from session of Professional suitability commission. (10) The person whose professional qualification went unacknowledged due to failure to pass the suitability test, can take the new professional suitability test not earlier than upon lapse of six months. (11) The failure to turn up at a suitability test shall be treated in analogy with the oral part of lawyer’s examination subject to Internal Rules § 65. (12) The opinion regarding the suitability of associated member of the Bar Association for obtaining the professional title of attorney at law will be given by Professional suitability commission upon proposal of Board of the Bar Association. For giving an opinion the commission’s members will interview at session of commission the associated member, in order to find out about the type of his current professional activity and knowledge about the Estonian law. (13) Commission will give an opinion on suitability of the associated member for granting the professional title of attorney at law under the procedure specified in this clause par. Chapter 9 PROCEDURE OF GIVING LAWYER’S CERTIFICATE AND CERTIFICATE OF MEMBER OF BAR ASSOCIATION AND DECLARING THEM INVALID (05.05.2005) Advocate's certificate (1) Advocate's certificate is a document proving affiliation to Bar Association, to be submitted upon client’s demand to the client to look at. (2) An advocate’s certificate will contain: 1) the name and personal identification code of the advocate; 2) the date of becoming a member of the Bar Association; 3) the professional title of the advocate and the date of obtaining the title; (3) advocate's certificate is drawn in Estonian. (4) advocate's certificate given to lawyer will be valid for permanent duration. Certificate of member of Bar Association (1) Certificate of member of Bar Association is a document proving affiliation to Bar Association, to be submitted upon need to all relevant persons. (2) Inscribed on certificate of member of Bar Association shall be: 1) number of certificate of member of Bar Association; 2) lawyer’s name and personal code; 3) lawyer’s professional title; 4) date of issuance of certificate of member of Bar Association; 5) sample signature of the lawyer. (3) Lawyer may prove his identity in court and legal protection bodies and Bar Association with certificate of member of Bar Association. (4) Certificate of member of Bar Association issued to lawyer shall be valid for permanent duration. Statute of lawyer’s certificate and certificate of member of Bar Association (1) The form and design of lawyer’s certificate and certificate of member of Bar Association shall be established by Statute of lawyer’s certificate and certificate of member of Bar Association. (2) The Statute of lawyer’s certificate and certificate of member of Bar Association shall be established by Board of Bar Association. Giving the lawyer’s certificate and certificate of member of Bar Association (1) Lawyer’s certificate and certificate of member of Bar Association shall be given by Board. (2) Board will give lawyer’s certificate and certificate of member of Bar Association after admission of the person into Bar Association, awarding to the lawyer the higher professional title and notifying the Board about change of details to be recorded on lawyer’s certificate or certificate of member of Bar Association. (3) Lawyer’s certificate and certificate of member of Bar Association will be handed over to the lawyer at meeting of the Board by chairman or deputy chairman. (4) Attorney at law will be handed over the lawyer’s certificate and certificate of member of Bar Association after giving oath of attorney at law before the Board. For weighty technical reasons the Board may put back handing over the lawyer’s certificate and certificate of member of Bar Association. (5) Upon delivery of lawyer’s certificate or certificate of member of Bar Association in connection with change of details to be recorded on lawyer’s certificate or certificate of member of Bar Association the Secretary General will give lawyer’s certificate or certificate of member of Bar Association to lawyer or his representative. Bases and legal consequences of acknowledging lawyer’s certificate and certificate of member of Bar Association invalid. (1) lawyer’s certificate and certificate of member of Bar Association will be declared invalid, in case: 1) lawyer’s certificate or certificate of member of Bar Association has fallen outside control of the lawyer; 2) lawyer has been excluded or expulsed from Bar Association and lawyer’s certificate or certificate of member of Bar Association has not been handed over to Board of Bar Association; 3) in case of suspension of membership in Bar Association or professional activity, lawyer does not promptly hand over lawyer’s certificate or certificate of member of Bar Association to Board; 4) lawyer does not hand over to Board lawyer’s certificate or certificate of member of Bar Association, for making changes in details recorded thereon. (2) In case lawyer’s certificate or certificate of member of Bar Association is declared invalid, the term of validity of lawyer’s certificate or certificate of member of Bar Association shall be considered as lapsed from the moment the decision of recognition as invalid is made. Procedure of recognition of lawyer’s certificate and certificate of member of Bar Association invalid (1) Board shall be obliged upon its own initiative to discuss the recognition of lawyer’s certificate and certificate of member of Bar Association as invalid at the first meeting, following the date the Board learned about occurrence of the basis for recognition of lawyer’s certificate or certificate of member of Bar Association as invalid. (2) Board will decide recognition of lawyer’s certificate and certificate of member of Bar Association as invalid or refusal to do so. The decision on recognition of lawyer’s certificate and certificate of member of Bar Association as invalid must be motivated and it must contain a reference to the procedure of appeal against decision. (3) Secretary General shall promptly deliver the Board’s decision on recognition lawyer’s certificate or certificate of member of Bar Association as invalid to lawyer and his/her patron. (4) Lawyer’s certificate or Certificate of member of Bar Association recognized invalid must be promptly delivered to Board. (5) If the lawyer’s certificate or certificate of member of Bar Association declared invalid is in Board’s possession, Board will make an inscription on lawyer’s certificate or certificate of member of Bar Association about declaring them invalid. (6) Lawyer’s certificate and certificate of member of Bar Association recognised as invalid will be deposited in archives of documents of Bar Association for ten years. Entry into force of the Internal Rules (1) The Internal Rules of Estonian Bar Association will enter into force as of its publication on the website of the Bar Association. (2) The Internal Rules of Estonian Bar Association approved on 24 May 2001 is repealed. (3) The provisions regarding the organisation of advocates’ examinations will take effect on 1 January 2014. The advocates’ examinations held until 31 December 2013 will be carried out according to the provisions of the Internal Rules in force until 28 February 2013. (4) The sworn advocates’ assistant of attorney-at-law must pass the sworn advocate’s examination and the re-examinations if necessary according to the effective examination procedure no later than 28 February 2018.
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Statut Na temelju članka 13. Zakona o udrugama („Narodne novine“ broj 74/14), Izvanredna izborna skupština Udruge Kotličari, održana 28.02.2015., donijela je STATUT Udruge „Kotličari“ Belišće OSNOVNE ODREDBE Članak 1. Ovim Statutom reguliraju se odredbe o nazivu, sjedištu, zastupanju, izgledu pečata udruge, o ciljevima i području(ima) sukladno ciljevima, djelatnostima kojima se ostvaruju ciljevi, o načinu osiguranja javnosti djelovanja udruge; o uvjetima i načinu učlanjivanja i prestanku članstva, pravima, obavezama i odgovornostima te stegovnoj odgovornosti članova i načinu vođenja popisa članova, tijelima udruge, njihovom sastavu i načinu sazivanja sjednica, izboru, opozivu, ovlastima, načinu odlučivanja i trajanju mandata te načinu sazivanja skupštine u slučaju isteka mandata, izboru i opozivu likvidatora udruge, međusobnim pravima i obvezama udruge i prestanku postojanja udruge, o imovini, načinu stjecanja imovine i raspolaganju s imovinom, o postupku s imovinom u slučaju prestanka postojanja Udruge, te o načinu rješavanja sporova i sukoba interesa unutar udruge te drugim pitanjima od značaja za udrugu. Članak 2. Naziv udruge je: Udruga „Kotličari“ Belišće Skraćeni naziv udruge je: „Kotličari“ Belišće Sjedište udruge je: Radnička 14, 31551 Belišće Odluku o promjeni adrese sjedišta donosi: Upravni odbor Članak 3. Udruga „Kotličari“ Belišće je neprofitna pravna osoba, koja pravnu osobnost stječe danom upisa u Registar udruga Republike Hrvatske. Članak 4. Udrugu zastupa Predsjednik i Tajnik. Skupština može ovlastiti i druge osobe za zastupanje Udruge. Članak 5. Udruga ima pečat. Pečat udruge je: okruglog oblika, promjera 3cm s upisanim tekstom uz rub koji glasi: UDRUGA KOTLIČARI BELIŠĆE. U sredini pečata je slika kotlića. II CILJEVI I DJELATNOSTI UDRUGE Članak 6. Udruga je osnovana u cilju promicanja, razvitka i unapređenja – očuvanje i njegovanje tradicijskih gastronomskih vrijednosti u regiji – svih oblika soc. poduzetništa – programa za mlade – zdrave i prirodne prehrane Udruga sukladno ciljevima Udruge djeluje na području (Zaštite i očuvanja nematerijalnih kulturnih dobara). Članak 7. Djelatnosti kojima se ostvaruju ciljevi Udruge su : -očuvanje i njegovanje tradicijskih gastronomskih vrijednosti u regiji -očuvanje vještine kuhanja tradicijskih i suvremenih jela u kotliću -promoviranje boravka u prirodi i zdravog načina života -njegovanje partnerstva i suradništva sa sličnim organizacijama iz Hrvatske, EU i drugih zemalja -promoviranje lokalne zajednice -razvoj ruralnog i kontinentalnog turizma -organiziranje natjecanja u kuhanju i sudjelovanje u natjecanjima i manifestacijama drugih organizatora -znanja i vještine kuhanja prenositi na mlade generacije -poticati komunikaciju sa dijasporom kroz organiziranje manifestacija i susreta -poticati razvoj društvenog poduzetništva III NAČIN OSIGURANJA JAVNOSTI DJELOVANJA UDRUGE Članak 8. Djelovanje udruge je javan. Javnost djelovanja Udruge osigurava se na načine utvđene ovim statutom, poimence – pravodobnim i istinitim obavještavanjem članova Udruge o svim odlukama i drugim važnima pitanjima iz djelovanja Udruge – pisanim izvješćima, na posebnim skupovima ili na drugi prikladan način – javnim priopćavanjem – Svi članovi Udruge imaju pravo sudjelovati u njezinom radu sukladno odredbama statuta i zakona, te imaju pravo uvida u rad tijela i odluke koje se donose. IV ČLANSTVO U UDRUZI Članak 9. Svaka fizička osoba i pravna osoba koja to želi i koja prihvaća ciljeve radi kojih je Udruga osnovana i odredbe ovog statuta, može postati članom Udruge, sukladno zakonu i statutu. Pravna osoba ostvaruje članstvo u udruzi putem ovlaštenog predstavnika. Članak 10. Postupak primanja novih članova Udruge bit će regulirano posebnom odlukom Upravnog odbora. Članak 11. Članom udruge postaje se upisom u Registar članova i plaćanjem članarine. Članak 12. Fizička ili pravna osoba koja želi postati redovnim članom Udruge podnosi zahtjev Upravnom odboru koji potom donosi odluku o prijemu novog člana. Članovi plaćaju članarinu u iznosu koji odredi skupština Udruge na prijedlog Upravnog odbora, biraju i mogu biti birana u tijela Udruge, imaju pravo biti informirani o radu Udruge i imaju druga prava utvrđena Zakonom i Statutom. Članak 13. Udruga vodi popis svojih članova. Za vođenje popisa zadužen je Tajnik. Popis članova vodi se elektronički i u papirnatom obliku i sadrži podatke o osobnom imenu (nazivu) člana, OIB-u, datumu rođenja, adresa stanovanja, datumu pristupanja udruzi, kontakt podaci, i datum prestanka članstva u udruzi. Popis članova uvijek je dostupan na uvid svim članovim i nadležnim tijelima na njihov zahtjev. Članak 14. Prava, obveze i odgovornosti članova su: -plaćanje članarine, -bavljenje aktivnostima Udruge, -sudjelovanje u radu tijela Udruge, -čuvanje i podizanje ugleda Udruge, -biti informiran o aktivnosti Udruge, -čuvanje materijalnih dobara i izvršenje preuzetih obveza Članak 15. Skupština Udruge određuje godišnji iznos članarine na prijedlog Upravnog odbora. Članak 16. Članstvo u udruzi prestaje: -dragovoljnim istupom -neplaćanjem članarine -isključenjem -ili neki drugi razlog predviđen zakonom Član se briše iz Registra članova bez posebne odluke ukoliko do kraja godine ne plati članarinu za tekuću godinu. Odluka o isključenju člana iz Udruge sa obrazloženjem donosi Upravni odbor . Isključeni član ima pravo u roku od petnaest dana, računajući od dana dostave odluke, podnijeti žalbu Skupštini Udruge. Skupština je dužna riješiti žalbu u roku 30 dana računajući od dana dostave žalbe. Odluka Skupštine Udruge o isključenju je konačna. Članak 17. Članovi koji svojim radnjama ili izjavama odnosno na drugi način ugroze interese i/ili ugled Udruge, krše odredbe ovog Statuta ili zloupotrebljavaju ovlasti i položaj podliježu stegovnoj odgovornosti. Članak 18. Stegovni postupak za utvrđivanje odgovornosti članova Udruge pokreće Predsjednik Udruge na vlastiti zahtjev ili na traženje 3 člana Udruge. Članak 19. Stegovni postupak vodi Upravni odbor, pridržavajući se općih pravila o stegovnoj odgovornosti, u skladu s pozitivnim propisima. Članak 20. Ovisno o težini djela i nanesenoj šteti Udruzi, Upravni odbor može odlučiti da se član protiv kojeg je vođen stegovni postupak opozove s dužnosti i/ili isključi iz Udruge. Odluku o isključenju Upravni odbor donosi većinom glasova prisutnih članova upravnog odbora. Članak 21. Član se isključuje iz Udruge: – radi nepoštivanja odredbi Statuta – neplaćanjem članarine za tekuću godinu – svojim radnjama i izjavama grubo narušava interese i ugled Udruge Članak 22. Udruga se može udružiti u saveze udruga, zajednice, mreže i u međunarodne udruge. Odluku o udruživanju donosi Skupština. RJEŠAVANJE SPOROVA I SUKOBA INTERESA Članak 23. Spor/sukob interesa u udruzi postoji kada član smatra da su mu povrijeđena prava određena statutom, kada se radi o sporu/sukobu interesa između članova udruge, a koji utječe na rad udruge, kada član smatra da je udruga povrijedila statut, odnosno spor/sukob interesa oko pitanja o kojima se podnosi zahtjev za upis promjena u Registar udruga… Za rješavanje sporova i sukoba interesa nadležno je – Upravni odbor VI TIJELA UDRUGE Članak 24. Tijela udruge su: -Skupština, -Upravni odbor -Nadzorni odbor -Predsjednik -Dopredsjednik -Tajnik SKUPŠTINA Članak 25. Skupština je najviše tijelo Udruge. Skupštinu sačinjavaju svi redovni članovi Udruge, a pravnu osobu članicu Udruge u skupštini predstavlja osoba ovlaštena za zastupanje iste. Članak 26. Skupština može biti redovita, izborna i izvanredna. Skupština redovno zasjeda jednom u tijeku godine, dok se izborna Skupština održava svake četiri godine. Izvanredna skupština saziva se po potrebi. Sjednice skupštine saziva Predsjednik Udruge na vlastitu inicijativu. U odluci o sazivanju Skupštine Predsjednik utvrđuje dnevni red sjednice, te dan i mjesto održavanja sjednice. Predsjednik je dužan sazvati sjednicu Skupštine kada to zatraži najmanje 1/3 članova Udruge. U svom zahtjevu za sazivanje Skupštine predlagatelji su obavezni predložiti dnevni red sjednice. Predsjednik saziva sjednicu prema predloženom dnevnom redu predlagatelja,a ako ne sazove u roku od 15 dana od dana dostave zahtjeva iz stavka 5. ovoga članka, sazvati će je predlagatelj (odluka treba sadržavati prijedlog dnevnog reda, te mjesto i dan održavanja sjednice). U slučaju isteka mandata tijela ovlaštenih za sazivanje sjednice skupštine, istu je dužan sazvati Nadzorni odbor ili 1/3 redovnih članova. Članak 27. Sjednicu Skupštine otvara Predsjednik Udruge. U odsutnosti Predsjednika, Skupštinu će otvoriti Dopredsjednik i predložiti Skupštini radno predsjedništvo od 3 člana. Na prijedlog radnog predsjedništva imenuje se verifikacijska komisija od 3 člana. O radu sjednice vodi se zapisnik, koji se trajno čuva u arhivi Udruge. Zapisnik potpisuju zapisničar i dva ovjerovitelja. Članak 28. Skupština odlučuje pravovaljano većinom glasova nazočnih članova, ako statutom nije određeno drugačije. Članak 29. Skupština udruge: -usvaja statut udruge i njegove izmjene i dopune -bira i razrješava osobe ovlaštene za zastupanje, Predsjednika i Tajnika -bira i razrješava Dopredsjednika, čl. Upravnog odbora i čl. Nadzornog odbora -odlučuje o udruživanju u saveze, zajednice, mreže i druge oblike povezivanja udruga -usvaja plan rada i financijski plan za sljedeću kalendarsku godinu i izvješće o radu za prethodnu kalendarsku godinu -usvaja godišnje financijsko izvješće -odlučuje o promjeni ciljeva i djelatnosti, prestanku rada i raspodjeli preostale imovine udruge -donosi odluku o statusnim promjenama -daje smjernice za rad udruge -odlučuje o žalbama članova na odluke o isključenju iz Udruge -donosi akte i odluke važne za rad udruge -odlučuje o prestanku rada Udruge -te odlučuje o drugim pitanjima za koja statutom nije utvrđena nadležnost drugih tijela udruge. PREDSJEDNIK Članak 30. Izvršne funkcije i druge poslove određene ovim Statutom obavlja Predsjednik Udruge. Predsjednika Udruge bira Skupština Udruge na mandat od četiri godine. Članak 31. Predsjednik: -zastupa Udrugu, -odgovara za zakonitost udruge -vodi poslove udruge sukladno odlukama skupštine -odgovoran je za podnošenje skupštini prijedloga godišnjeg financijskog izvješća -dostavlja zapisnik s redovne sjednice skupštine nadležnom uredu koji vodi registar udruga -sklapa ugovore i poduzima druge pravne radnje u ime i za račun udruge -saziva Skupštinu Udruge, -upravlja imovinom Udruge, -podnosi izvješće o radu Udruge Skupštini Udruge, -utvrđuje prijedlog programa rada i Statuta koji se podnose Skupštini na razmatranje i prihvaćanje, -utvrđuje prijedloge programa djelatnosti i planove rada, -brine o izvršenju usvojenog programa rada i provedbi odluka Skupštine Udruge, -brine o izvršenju odluka i zaključaka Skupštine te brine o provedbi utvrđenih ciljeva Udruge, -brine se o upoznavanju javnosti s radom Skupštine Udruge, -nadzire materijalno i financijsko poslovanje Udruge, -podnosi uredu državne uprave zahtjev za upis promjena u Registar udruga, -obavlja i druge poslove predviđene Statutom i drugim općim aktima Udruge. Članak 32. Za svoj rad Predsjednik je odgovoran Skupštini Udruge. Predsjednik podnosi Skupštini Udruge godišnje izvješće o radu udrug DOPPREDSJEDNIK Članak 33. U slučaju odsutnosti ili spriječenosti, Predsjednika u svim poslovima zamjenjuje Dopredsjednik. Mandat dopredsjednika traje 4 godine. TAJNIK Članak 34. Tajnika Udruge bira i imenuje Skupština na mandat od 4 godine. Tajnik zastupa udrugu, te ima sve zakonske ovlasti i obveze osobe ovlaštene za zastupanje. Tajnik Udruge vodi registar članova na način propisan statutom i zakonom te obavlja stručno administrativne poslove u udruzi. Članak 35. Za rad u pojedinim područjima djelovanja udruge Upravni odbor mogu osnovati stalne i povremene komisije ili druga tijela Udruge. Odlukom o osnivanju komisije ili radnih tijela utvrđuje se njihov sastav, zadaća, vrijeme za koje se osnivaju i odgovornost za obavljanje poslova. VII UPRAVNI ODBOR Članak 36. Upravni odbor je izvršno tijelo Udruge i rukovodi radom Udruge. Upravni odbor ima devet (9) članova: Predsjednik, Dopredsjednik, Tajnik i šest (6) članova koji se biraju na Skupštini većinom ukupnog broja prisutnih članova udruge na sjednici Skupštine. Upravni odbor: – djeluje na realizaciji utvrđenih ciljeva i zadataka Udruge; – odlučuje o sazivu Skupštine Udruge i priprema njezin rad; – donosi opće akte Udruge i odluke iz svoje nadležnosti; – utvrđuje prijedloge akata koje donosi Skupština; – prati propise kojima se uređuje i unapređuje rad udruge – odlučuje o stjecanju i uporabi imovine i upravlja imovinom Udruge; – predlaže Plan i program rada te Financijski plan; – prihvaća i upućuje Skupštini na razmatranje izvješća o svom radu, kao i druge materijale pripremljene za sjednicu Skupštine; – izvršava zaključke i odluke Skupštine; – predlaže visinu članarine i predlaže skupštini na usvajanje – odlučuje o učlanjivanju u iste ili srodne asocijacije; – odlučuje o ostvarivanju suradnje Udruge sa domaćim i međunarodnim pravnim subjektima u svrhu ostvarivanja ciljeva Udruge; – bira i imenuje svoje predstavnike i zastupnike u organizacije i udruženja čiji je Udruga član ili u čijem radu sudjeluje; – odlučuje o pripremi i organiziranju radnih, stručnih i drugih skupova, – odlučuje o promjeni adrese Udruge; – donosi odluku o osnivanju, zadacima i sastavu svojih stalnih i povremenih tijela; – odlučuje i predlaže skupštini na usvajanje o dodjeli priznanja članovima te drugim fizičkim i pravnim osobama koje su zaslužne za postignuća Udruge; – odlučuje o drugim pitanjima iz područja djelovanja Udruge ili koja su od interesa za članove Udruge. – bira i opoziva likvidatora udruge, daje smjernice za rad udruge, donosi akte i odluke važne za rad udruge Za svoj je rad Upravni odbor sa svojim članovima odgovoran Skupštini. Ako mandat pojedinog člana Upravnog odbora iz bilo kojeg razloga prestane prije isteka roka, Predsjednik će predložiti Upravnom odboru novog kandidata za člana Upravnog odbora do sljedeće sjednice skupštine. Članak 37. Upravni odbor donosi odluke i zaključke na sjednicama koje se održavaju prema potrebi, a najmanje 1 puta mjesečno. O pojedinim pitanjima Upravni odbor može odlučivati izvan sjednice, izjašnjavanjem članova telefonom, putem e-maila ili online. O takvom glasovanju Predsjednik Udruge sačinjava poseban zapisnik i podnosi ga na usvajanje na prvoj narednoj sjednici Upravnog odbora. Upravni odbor pravovaljano odlučuje natpolovičnom većinom glasova članova Upravnog odbora. Članak 38. U cilju učinkovitijeg postizanja ciljeva Udruge, Upravni odbor može osnivati stalna i povremena radna tijela (npr. sudačko, natjecateljsko, kulinarsko, ekonomsko i dr.). Članak 39. Radi učinkovitijeg djelovanja zbog zauzetosti pojedinih članova Upravnog odbora, neaktivnosti članova Upravnog odbora, istupanjem iz članstva ili iz nekog drugog razloga, Upravni odbor može zamijeniti člana Upravnog odbora s novim članom koji mora biti član Udruge. Na prvoj sljedećoj Skupštini potrebno je potvrditi nove članove Upravnog odbora ili izabrati nove uz natpolovičnu većinu prisutnih članova Skupštine. VIII NADZORNI ODBOR Članak 40. Nadzorni odbor ima 3 (tri) člana: predsjednika i dva (2) člana. Predsjednika i članove Nadzornog odbora imenuje Skupština na prijedlog Predsjednika udruge. Članovi Nadzornog odbora mogu biti ponovno imenovani na istu dužnost. Član Nadzornog odbora ne može istovremeno biti i član Upravnog odbora.Nadzorni odbor pravovaljane odluke donosi većinom glasova ukupnog broja članova. Predsjednik saziva sjednice Nadzornog odbor a i rukovodi njegovim radom. Konstituirajuću sjednicu Nadzornog odbora saziva Predsjednik Udruge. Članak 41. Nadzorni odbor je dužan najmanje dva puta godišnje pregledati poslovanje Udruge i Završni račun te pratiti zakonitost rada Udruge. O svom radu svake godine podnosi izvješće Skupštini i predlaže davanje razrješnice starom Upravnom odboru prigodom izbora novog predsjednik Udruge, Upravni odbor, Tajnik i druga tijela Udruge dužni su Nadzornom odboru dati potrebne podatke u vezi sa njihovim poslovanjem. Nadzorni odbor za svoj rad odgovara Skupštini. IX IMOVINA, NAČIN STJECANJA IMOVINE I RASPOLAGANJE IMOVINOM Članak 42. Imovinu Udruge čine: -novčana sredstva koju je udruga stekla uplatom članarina, -dobrovoljnim prilozima i darovima -novčana sredstva koja udruga stekne obavljanjem djelatnosti kojima se ostvaruju ciljevi, -financiranjem programa i projekta udruge iz državnog proračuna i proračuna jedinica lokalne i područne (regionalne) samouprave te fondova i/ili inozemnih izvora -druga novčana sredstva stečena u skladu sa zakonom -njezine nepokretne i pokretne stvari, -druga imovinska prava. Udruga može raspolagati svojom imovinom samo za ostvarivanje ciljeva i obavljanje djelatnosti određenih statutom udruge, u skladu sa zakonom. Članak 43. Prijedlog godišnjeg izvješća osoba ovlaštena za zastupanje, Predsjednik, podnosi Skupštini na razmatranje i usvajanje. IZBOR I OPOZIV LIKVIDATORA UDRUGE Članak 44. Likvidatora udruge bira i opoziva Upravni odbor. Likvidator zastupa udrugu u postupku likvidacije te se otvarenjem likvidacijskog postupka upisuje u registar udruga kao osoba ovlaštena za zastupanje udruge do okončanja postupka likvidacije i brisanja udruge iz registra udruga. Likvidator je dužan ispunjavati sve zakonske obveze i poštivati rokove koji su propisani zakonom u slučaju prestanka djelovanja udruge. PRESTANAK POSTOJANJA UDRUGE Članak 45. Udruga prestaje postojati u slučajevima predviđenim zakonom. U slučaju prestanka postojanja temeljem odluke Skupštine, ista donosi odluku o prestanku postojanja Udruge dvotrećinskom većinom glasova od ukupnog broja prisutnih članova Skupštine Udruge. Upravni odbor predlaže skupštini donošenje odluke o prestanku djelovanja udruge. U slučaju prestanka postojanja udruge imovina se, nakon namirenja vjerovnika i troškova likvidacijskog, sudskog i drugih postupaka, predaje udruzi, ustanovi ili zakladi koje imaju iste ili slične statutarne ciljeve, a na osnovi odluke skupštine sukladno statutu. Udruga nema pravo imovinu udruge dijeliti svojim osnivačima, članovima udruge, osobama ovlaštenim za zastupanje, zaposlenima ili s njima povezanim osobama.