czech version

 

Czech music and Czech musical culture are some of the most representative components of the wealth of our nation and play an important part in the portrayal of the Czech Republic abroad. 

Beside the traditional and well established assets, such as composers Bedřich Smetana, Antonín Dvořák, Bohuslav Martinů and Leoš Janáček, a significant role is played by performing artists who – as in the past – successfully stand shoulder to shoulder with top artists on the world stage.

Modern musical life has seen the rise of an ever more important body of professional promoters, made up of  specialised institutes and personalities and forging links with the composition, interpretation and reception of musical works.  A music agency in one of the most important elements of this process, representing a system solution to quality selection and care for, and offer of, top music composition and interpretation.  One could not imagine musical life today, either on the world stage or at home, without the work of the agencies. 

Following the period of the 1990s when this sector in the Czech Republic found itself in the stormy weather of  early experiments with free trade capitalism accompanied with the collapse of the then sole monopoly agency, the situation at the beginning of the new century calls for co-ordination and in some areas joining together of the work, the aims and the interests of the most important music agencies in the country in order to benefit music and the arts in general.

Several Czech and Moravian agencies have therefore decided to join in formulating their basic cultural aims, targeted on promotion of top personalities, ensembles and music projects in the Czech Republic, with emphasis on their promotion at home, as well as effective export abroad.  The aim of their co-operation is to foster certain ethical principles and norms in working on the music market, to strive to “cleanse” it in terms of  unfair and unethical practices, to safeguard common cultural, commercial and other interests, as well as jointly defending and advocating the interests of Czech musical culture at all levels of domestic cultural, social and political life. 

Part One

General provisions

Article 1

1. The association’s name is “Asociace uměleckýc agentur,o.s.”, abbreviated to “ASUMA”, in English translation ”Czech Association of Arts Managements, a.c.” (henceforth “Association”). 
   
2. The Association resides at Kaliště nr Humpolec No.9, post code 394 51, Czech Republic.
   

Article 2

1. The Association is founded as a voluntary professional association of  music   agencies in the Czech Republic in accordance with Law No. 83/1990 Sb. for an indefinite period of time. 
   
2. The Association is a legal body functioning in legal matters under its name and being answerable for any infringement of its obligations with the whole of its property. 
   

Article 3

1.The aim of the Association is:

1. asserting and defending of ethical principles and norms and of correct     business dealings in the area of music,
2. preparation, organization and promotion of joint projects,
3. asserting of common interests in relation to all organs and institutions, especially those in the area of state and public administration,
   
4. joint definition of representative and objective artistic quality,
   
5. obtaining grants for joint projects in accordance with the above named criteria,
   
6. material and spiritual support and representation of the art of music as part of  the official State representation of the Czech Republic,
7. creating conditions and instruments for the support of pro-export policies,
8. fostering friendly relations  and mutual professional help among its members,
   
9. creating conditions for mutual exchange of information among its members,
   
10. mutual promotion of members..

2. The object of the Association’s activities is:

1. representation of  its members’ interests in dealings with the organs of State and other legal bodies in the Czech Republic as well as abroad while paying due attention to the relevant provisions of generally binding legal regulations,
   
2. aid with the establishment and mediation of contacts between its members and other associations of music agencies,
   
3. carrying out proceedings among its members, as well as between members of the Association and other bodies, provided these bodies agree to such conciliation-type proceedings, 
4. publishing information materials and promotional materials relating to the Association and its members,
5. organising cultural and social events.

Part Two

Membership of the Association

Article 4

1. Membership of the Association is open only to physical and legal bodies holding legal subjectivity under Czech Law.
   
2. A subject applying for membership of the Association must have carried on activities under the same name for at least of three years.
   

Article 5

Member’s Rights

1: Each ASUMA member has the right to:

1. vote and be elected to all organs of  ASUMA,
2. attend the plenary meeting,
3. be kept informed about all activities and documents of ASUMA,
   
4. take part in all activities and projects arising as a result of the work of ASUMA.
   

Article 6

1. In order to join the Association as under Article 4 the physical or legal body submits a written application which must be accompanied by a positive recommendation in writing from at least one member of the Association.  The written application must be addressed and delivered to the Association’s President.   The written application will be discussed by the Association’s council and provided it fulfils the stipulations under Article 4 the council will resolve to pass the written application on to the plenary meeting to decide whether the applicant be accepted as a member of the Association.  Should the Association’s council resolve not to pass the written application on to the plenary meeting, the proceedings in respect of  the membership application are concluded, with the applicant not being accepted as a member of the Association.
   
2. The decision of  the plenary meeting in respect of a membership application will be by a majority of more than half the Association’s members.
   
3.  The rejected applicant may submit a new written application not earlier than the next calendar year from the date of the non-acceptance decision.  The same procedure applies when dealing with an application to re-join from a former member of the Association.  In such a case it is not necessary to accompany the written application with a positive recommendation from at least one member of the Association.
   

Article 7

1. A member of the Association is obliged in particular:

1. to observe the Articles of the Association and carry out the decisions of the organs of the Association,
   
2. to pay the entry fee in the amount and the time specified by a plenary meeting,
   
3. to pay the membership subscription in the amount and the time specified by a plenary meeting of the Association,
4. to settle fully and in time other expenses in connection with the Association’s activities in accordance with decisions made by a plenary meeting,
   
5. to act in relation to members of the Association as well as other bodies with business integrity and in harmony with good morals while respecting and promoting the Association’s aims and interests,
   
6. to promote the Association in the member’s own promotional materials and advertisements, especially those on web pages.
   

Article 8

1. The membership of an agency in the Association lapses:

1. through resignation,
   
2. by expulsion,
   
3. through dissolution of the agency, 
4. through dissolution of the Association,
5. by agreement.

2. Claims against a member are unaffected by the lapse of membership.

Article 9

1. A member is free to leave the Association.  The intention to leave is communicated in writing to the Association’s council and the member ceases to be a member on the day the communication is delivered.
   
2. The communication in respect of  leaving the Association may be withdrawn only in writing and with the agreement of the association’s council.
   

Article 10

1. A plenary meeting may decide to expel a member by a majority of two thirds of  the Association’s members present, if  the member seriously or repeatedly in spite of warning infringes membership duties specified in the Articles or duties specified by law.
   
2. The plenary meeting’s decision in respect of a member’s expulsion must be made in writing and is delivered to the expelled member.  The day of the delivery of the decision is the day the membership  lapses.
   

Article 11

1. A plenary meeting may rule on a member’s application to discontinue membership of the Association for a period of time definite or indefinite.  During the discontinuation of membership the member does not pay membership dues nor other charges in respect of the Association’s activities and does not have voting rights.
   
2. Membership lapses on the day of the Association’s dissolution.
   
3. In the case of a discontinuation of membership agreed between the Association and its member, the membership lapses on the day specified in the agreement.
   
4. The agreement about a discontinuation of membership is made by the Association’s council on behalf of the Association.  This agreement must be in writing.
   

Part Three

Organs of the Association

Article 12

1. The Association’s organs are:

1. plenary meeting
   
2. council
   
3. president
4. auditor

Article 13

1. The organs of the Association are able to deal only with matters which under the Articles of the Association fall to their competency.
   
2. The functions of the President of the Association, members of the council and the auditor are honorary and unpaid.  Reimbursement of expenses in respect of the carrying out of a function is determined by the council of the Association.
   

Plenary Meeting

Article 14

1. The plenary meeting is the highest organ of the Association.  At the plenary meeting members of the Association have the right to conduct the Association’s business and to control the activities and management of the Association and its organs.
   
2. The plenary meeting takes place usually once a year and is convoked by registered post by the Association’s council which sets the date.  The invitation to attend the plenary meeting must include the agenda.  The agenda may be amended by the plenary meeting at the start of the proceedings, following a proposal from the floor by a member of the Association.
   
3. An extraordinary plenary meeting is called by the Association’s council if requested by at least two members of the council or of the Association.
   
4. The plenary meeting is presided over by the Association’s President or another member of the Association’s council so delegated.
   
5. The plenary meeting can proceed if all members of the Association have been properly called to attend, with the invitation being delivered to the members at least seven days prior to the date of the plenary meeting.  This period of time may in urgent cases be shortened by the Association’s council.
   

Article 15

1.The exclusive functions of the plenary meeting include in particular:

1. change in the Articles of Association,
   
2. election of members of the council,
   
4. setting the level and date when due and method of payment in respect of  membership subscriptions,
6. setting the level and date when due and method of  payment in respect of other contributions towards the Association’s activities,
7. acceptance of  the annual report on financial management.
   

2.The plenary meeting is able to transact its business if more than half the Association’s members are present.

3.The plenary meeting’s decision is accepted if more than half the members present vote for it, with  the exception of  Article 9, point 1.

Article 16

1.Written minutes are made of the plenary meeting’s proceedings.

2.The minutes include a list of members presents who confirm their attendance by appending their signature.

The Association’s Council

Article 17

1. The council of the Association is the statutory and executive organ of the Association, running the Association’s activities and ruling on all matters not reserved under the Association’s Articles for another organ.  The council is responsible to the plenary meeting.
   
2. The Association’s council  has four members.  Only a member of the Association may become a member of the council – either a physical subject or a representative of a juristic body being a member of the Association authorised to act on behalf of the juristic body  (a statutory organ, authorised representative etc.)
   
3. A council member serves for five years, this period of service may be repeated.  If during a member’s service on the council there is a lapse of the conditions stipulated in para. 2, the member ceases to serve and another is co-opted by the council to serve instead.  The membership of  this member on the council is confirmed by the plenary meeting at its next earliest sitting.  Council membership of a co-opted member lapses if it is not confirmed by the plenary meeting and the plenary meeting elects another member.
   
4. The council of the Association creates the strategy targeted on  realisation of the main aims of ASUMA.
   

Article 18

1. The Association’s council is entitled to act on behalf of the Association externally in all matters.  The President of the Association or a member of the council delegated by the President  acts on behalf of the council.

2. Any legal acts of the council carried out in writing are signed by the Association’s President or a member of the council delegated by the President.

3. The council is able to delegate by power of attorney other physical and legal bodies to represent the Association.

Article 19

1. The council is convened by the President of the Association or any other council member. The council meets as existing needs demand.
   
2. At its first meeting the four-member council elects from within its membership the Association’s President and the auditor.
   
3. The council’s proceedings are conducted by the Association’s President or a member of the council delegated by the President.  The council decides by a clear majority of members present.  If the voting is tied, the President’s vote is decisive.
   

Article 20

1.The Association’s council:

1. carries out the decisions of the plenary meeting,
   
2. runs the Association’s activities in the period between plenary meetings,
   
3. manages the finances,
   
4. puts the budget and the report on the financial management to the plenary meeting for approval.
   

The Association’s President

Article 21

1.The President of the Association is an organ of the Association.

2.The President of the Association has the right to:

1. organise and conduct proceedings of the council,
   
2. rule on the Association’s matters to the extent specified in the Articles,
   
3. run the ordinary activities of  the Association,
   
4. act on behalf of the Association externally in all matters of the Association,
   
5. sign legal deeds for which a written form is specified,
   
6. convene the council and conduct its proceedings and propose its agenda.
   

3.The President is accountable to the Association’s council for the carrying out of the President’s function.

4.During periods of the President’s absence or inability to attend, the function of the President is carried out by the Vice President or other members of the council in order of precedence stipulated by the council.

5.If a President resigns, the function of President is until the election of a new one carried out by the Vice President or other members of the council in order of precedence stipulated by the council.

Auditor

Article 22

The auditor is the Association’s control organ.  The auditor has the right at any time to inspect the way the Association is managed.  The auditor’s report is normally presented to the plenary meeting once a year.  The auditor answers solely to the plenary meeting.

Part Four

Financial management of the Association

Article 23

Financing of the Association’s activities

1. The Association finances its activities’ costs and expenses  from the following elements of its income:

1. membership subscriptions,
   
2. publication and distribution of  the Association’s publications
   
3. gifts, inheritances, sponsorship,
   
4. other contributions, as decided by the plenary meeting.
   

2.Surplus or deficit in the financial management of the Association is dealt with annually according to a ruling by the plenary meeting.  A deficit is made good by the members of the Association in equal measure.

3.The Association’s council compiles and presents a report on the Association’s financial management to the plenary meeting at the close of the financial year.

Part Five

Dissolution and liquidation of the Association

Article 24

1. The Association ceases to exist

a) by voluntary dissolution or merger with another association,
b) through a lawful decision about its dissolution by the government ministry.

2. Property of the lapsed Association is dealt with by a receiver appointed by the Association’s council.

3. Before the distribution of  any property remaining after liquidation the  receiver prepares a proposal about its sharing out.  The proposal is approved by the Association’s council.  The receiver presents the proposal about the sharing-out of property remaining after liquidation to every member of the Association on application.

4. The remainder of property after liquidation is shared out among the members of the Association in accordance with the approved proposal for the sharing out of the remainder.

Final provisions

Article 25

The Association’s Articles were approved by the constituent plenary meeting and registered with the Ministry of the Interior of the Czech Republic on  29th January 2008. č.j. VS/1-1/70220/08-R

IČ 22685812