Art.1. (1) “COLLEGE PRIVATE PSYCHIATRY” ASSOCIATION, hereinafter referred to as the “ASSOCIATION”, is a non-profit legal entity within the meaning of the Non-Profit Legal Entities Act. (2) The Association shall be an independent, voluntary and non-political organization. (3) The Association shall be liable for its obligations with its own property. The Association shall not be liable for the obligations of its members, nor shall they be liable for its obligations. (4) The Association shall perform its activity in accordance with the Statutes and the legislation of the Republic of Bulgaria.
Art.2. (1) The Association shall perform its activity under the name “КОЛЕГИУМ ЧАСТНА ПСИХИАТРИЯ”. (2) The name shall be written in Bulgarian and it may be written in a foreign language and as an abbreviation.
Art.3. The seat and registered address of the Association shall be: 22 A Danube str., Oborishte municipality, 1000 Sofia.
Art.4. The Association is established for an indefinite period of time.
Art.5. (1) The Association may on the basis of a resolution of the General Meeting open branches outside the populated area where its seat is situated, including abroad. (2) The resolution of the General Meeting for the opening of a branch shall mandatorily contain: the seat and address of the branch, the name of the branch manager, his powers and representative powers, as well as the respective limits, if any. (3) The resolution of the General Meeting for the opening of a branch shall be registered in the respective district court whose jurisdiction covers the seat of the branch, in the register of non-profit legal entities, after an application of the elected branch manager. (4) When a branch is opened abroad, its activity shall be settled by the law of the country, in which the seat of the branch will be situated. (5) The branch manager shall represent the non-profit legal entity for the branch’s activity.
Art.6. The Association shall perform its activity for the private benefit.
Art.7. The Association shall have the following scope of activity: development and enrichment of the scientific knowledge and practice in the field of mental health and mental illness; cooperation with organizations, institutions, natural persons and legal entities in the country and abroad on the issues concerning mental health and mental disease; establishing contacts with similar foreign organizations; organization of national and international symposia, seminars, conferences and other meetings on the problems of mental health and mental diseases, organization and assistance for the presentation and promotion of scientific works and developments in the field of mental health and mental diseases, as well as development of and participation in projects for studying and examination of various aspects in the field of mental health and mental disease.
Art.8. The objectives of the Association shall be:1. To join the efforts of its members for the development of psychiatry as a science and practice in all fields related to the problems of mental health, psychiatric and psychological health service such as preventive treatment, medical treatment, rehabilitation and psychological pedagogy, the focus being on the mechanisms under market conditions. 2. To conduct information activity related to the problems of mental health and mental diseases, as well as to assist and participate in the development of all social and private organizational forms in this field. 3. To represent the interests of the members of the Association. 4. To take part in the creation of rules and rules of ethics of private practitioners in the field of mental health, which are to be compliant with the good clinical practice, the rules of ethics of the profession, as well as with the laws of the country. 5. To assist for the development of the research through financing, legal service and support for the research and scientific teams of its members. 6. To support the international contacts of specialists and to implement international cooperation and activities assisting for the development of the science and practice related to mental health. 7. To assist for the improvement of the professionalism of private practitioners through the organization of constant training and granting of scholarships and funds for training in the country and abroad, through training programmes, and through support for the institutions engaged in private practice licensing. 8. To support the personal, collective and private initiatives in the field of development of psychiatry.
Art.9. For the achievement of the purposes, the Association shall carry out various activities for fund-raising, proper investment thereof for the purpose of keeping and increasing thereof, through:1. Development of programmes related to mental health and disease. 2. Organization of advertisement and charity activities, seminars and theoretical conferences promoting the activity and objectives of the Association. 3. Organization and conduction of seminars, lectures with the participation of speakers from the country and abroad. 4. Organization of information centres, provision of periodical publications related to the development of psychiatry as a science and psychiatric help in the country and abroad. 5. Support for the establishment of contacts with similar organizations in and outside the borders of the county for exchange of experience.
Art.10. The funds for financing of the activity of the Association shall be raised through:1. Membership fee;2. Donations, aids and sponsorship;3. Subsidies under national and international projects;4. Other receipts;
Art.11. (1) All members of the Association shall after being admitted pay for the performance of its activity a cash entry fee in the form of a donation, for which a special certificate shall be issued to them.(2) The members of the Association shall pay an annual membership fee in such amount and in such terms as determined by a resolution of the General Meeting. The term for payment of the annual membership fee shall be not later than by 31 December of the current year it is due for.
Art.12. (1) The budget of the Association shall be drawn up by the Management Board, as it shall be approved and adopted by the General Meeting. When making expenditures under the budget the Management Board shall strictly adhere to the parameters set therein.(2) The Association shall have full discretionary powers as regards the disposal of its own properties and cash, including in a foreign currency.
Art.13. (1) The property of the Association shall consist of cash, articles and in-rem rights, intellectual property rights, know-how and all other rights that the legislation allows to be an element of the property of a non-profit legal entity.(2) The cash of the Association shall be kept in bank accounts.
Art.14. The funds and the property of the Association may only be used for purposes that are compliant with the Statutes.
Art.15. (1) The membership in the Association shall be voluntary. The membership rights and obligations shall be exercised in person and may not be assigned to other persons. The membership rights and obligations, except for the property ones, shall be non-transferrable and shall not pass to third parties in case of death and upon dissolution of the Association. (2) The members of the Association shall be two types: Regular and Associated. Regular members shall be the persons who are registered and practice as “private psychiatrists”. Associated members shall be those whose activity is related and relevant to mental health and psychiatry. Every Associated member shall become a Regular member as soon as the preconditions set forth hereinabove occur for him. All members of the Association must accept the Statutes, the objectives of the Association and the Code of Ethics and pay the fixed membership fee. (3) Ineligible to be members of the Association shall be persons who have been sentenced for having committed grave intentional crimes or are subject to penalties imposed for breaching the professional medical ethics.
Art.16. (1) New members shall be admitted on the basis of a written application containing an explicit statement that the applicants accept the Statutes, the objectives of the Association, the Code of Ethics and agree to work for their achievement. The applicants shall enclose to their application a declaration of the absence of obstacles under par.3 of the preceding article, recommendations from two regular members of the Association and a CV. (2) The candidate members of the Association must meet the requirements contained in the Statutes and shall be admitted by the General Meeting (GM). (3) The applications for admission of new members shall be addressed to the Association and shall be referred to the Management Board (MB), which shall make an inspection to verify whether the requirements of the law and of the Statutes have been complied with. Applications for membership that meet the conditions for admission shall be put forward for voting before the General Meeting, (4) The General Meeting shall admit new members with simple majority of the attendees. Newly adopted members shall be registered in the book of members, which shall be kept by the Management Board.
Art.17. (1) The members of the Association shall have the right: 1. to elect and to be elected in the management bodies, except for the Associated ones; 2. to take part in the General Meeting, as Associated members shall have a deliberative vote; 3. to put to vote issues of common interest; 4. to be informed for its activity; 5. to make use of the Association’s base and the outcomes from its activity; 6. to dispute the resolutions of the General Meeting and the Management Board when taken in conflict with the law, the Statutes or a previous resolution; 7. to take part in the activity upon the performance of its objectives. (2) The members of the Association shall be bound: 1. to adhere to the Statutes and to comply with the resolutions of the General Meeting and the Management Board; 2. to assist for the performance of the activity and the achievement of the objectives; 3. to regularly pay the membership fee and/or other cash contributions, in such amount and in such terms as determined by the General Meeting; 4. not to make use of the Association’s activity in a way and for purposes that contradict to the Statutes and the law; 5. to conform their activity to the resolutions of the General Meeting and the Management Board, and not to perform acts lowering the good name and the reputation of the Association;
Art.18. (1) In case of a violation of the Statutes and the resolutions of the General Meeting and the Management Board the following penalties may be imposed on the members of the Association: 1. reprimand 2. warning of expulsion 3. expulsion (2) Penalties shall be imposed by the General Meeting on the basis of a proposal of the Management Board and after hearing of the offender. (3) The resolution for expulsion shall be taken by simple majority of the attendees.
Art.19. (1) The membership in the Association shall be terminated on one of the following grounds: 1. request for voluntary leaving addressed to the Association and referred to the Management Board, which shall be put forward for hearing by the General Meeting; 2. in case of death or putting under judicial disability; 3. expulsion; 4. dissolution of the non-profit legal entity; 5. cancellation. (2) A member of the Association shall be expelled by a resolution of the General Meeting in the following cases: Gross violation of the Statutes of the Association; Discrediting the Association before third parties; Causing severe property damages to the Association; Violation of the code of ethics of the Association sanctioned by the Association’s Commission on Ethics; Violation of the code of ethics for doctors sanctioned by a resolution of the Code of Ethics of the Bulgarian Medical Association; Systematic non-performance or violation of the resolutions of the General Meeting and the Management Board; Acts conflicting with the Statutes and the law or conduct that makes his further membership incompatible. The resolution of the General Meeting for expulsion shall be subject to court review as regards its lawfulness and compliance with the Statutes within one month from learning about it, but not later than one year from the date of adoption of the resolution. (3) The cancellation of the membership shall take place upon non-payment of the established property contributions (annual membership fee or another cash contribution determined by the Statutes or the General Meeting) and in case of systematic (unjustified for more than 1 year) failure to participate in the Association’s activity. As regards such circumstances, documentary and other appropriate inspections shall be carried out by the Management Board, which shall after finding them draw up a reasoned proposal to the General Meeting. The resolution of the General Meeting for cancellation of the membership shall be subject to court review with respect to its lawfulness and compliance with the Statutes, within one month from learning about it, but not later than one year from the date of adoption of the resolution.
Art.20. The property relations upon the termination of the membership shall be settled on the basis of the accounting balance as at the end of the month, in which the termination took place.
Art.21. (1) Bodies of the Association shall be:1. General Meeting (GM); 2. Management Board (MB); 3. Chairperson of the Management Board; 4. Supervisory Board (SB); 5. Commission on Ethics (CoE).
Art.22. The General Meeting shall be the supreme body of the Association and shall comprise all members.
Art.23. (1) The General Meeting of the Association shall be convened for a regular session once per year. If need arises, it may also be convened for extraordinary sessions. (2) The General Meeting shall be convened by the management board on the latter’s initiative or at the request of one third of the members of the Association. If in the latter case the management board fails, within one month, to send a written invitation for the convening of the general meeting, it shall be convened by the court whose jurisdiction covers the seat of the Association on the grounds of a written request of the interested members or a person authorized by them. (3) The invitation must contain the agenda, date, time and place of conduction of the general meeting and specify on whose initiative it is being convened. The invitation shall be posted at the place determined for notices in the building, in which the management of the Association is located, at least one month before the appointed day. (4) The General Meeting shall be considered lawful if all members are validly invited and at least half of them attend. If quorum is absent the session shall be postponed for an hour later under the same agenda and shall be considered lawful regardless of the number of attending members. (5) A person shall also be regarded as an attendee if there is a bilateral telephone or another connection with him that guarantees the verification of his identity and allows his participation in the discussion and decision making. The voting of this member shall be certified in the minutes by the chairperson of the session. (6) The General Meeting shall be convened for extraordinary sessions in accordance with the procedure provided for hereinabove, as it may also be carried out by the use of a conference connection.
Art.24. (1) At the General Meeting every member of the Association shall be entitled to one vote. (2) The resolutions of the General Meeting shall be adopted by a majority of the votes of the attendees. (3) The resolutions for amending and supplementing the Statutes, as well as for transforming and dissolving the Association shall be adopted by a majority of 2/3 (two thirds) of the votes of the attendees.
Art.25. (1) Voting shall be open. (2) Issues that have not been included in the agenda and duly notified in advance may not be resolved.
Art.26. (1) The General Meeting shall: 1. amend and supplement the Statutes; 2. adopt other internal instruments; 3. elect and remove from office the members of the Management Board and the Supervisory Board; 4. adopt and expel members of the Association; 5. adopt a resolution of the opening and closing of branches; 6. adopt a resolution for participation in other organizations; 7. adopt a resolution for the transformation or dissolution of the Association; 8. adopt the main directions and programme for the activity of the Association; 9. adopt the budget of the Association; 10. adopt resolutions about the payability and amount of the membership fee or of other property contributions; 11. adopt the report on the activity of the Management Board and the Supervisory Board; 12. cancel resolutions of the other bodies of the Association that are in conflict with the law, the Statutes or other internal instruments regulating the activity of the Association. (2) The rights referred to in par.1, subparagraphs 1, 3, 7, 9, 11 and 12 may not be assigned to other bodies of the Association. (3) The resolutions of the general meeting shall be binding upon the other bodies of the Association. (4) The resolutions of the general meeting shall be subject to court review in terms of their lawfulness and compliance with the Statutes, as they may be disputed within month after learning about them, but not later than one year from the adoption of the resolution.
Art.27. Minutes shall be kept for the sessions of the General Meeting, which shall be signed by the chairperson and the minutes-keeper. The Minutes from the sessions of the General Meeting shall be accessible for all members who will be able to review them and request copies of or extracts from them.
Art.28. The management board of the Association shall consist of five persons, Regular members of the Association, elected by the General Meeting with 2 mandates of three years.
Art.29. The management board shall: 1. manage and represent the Association, determine one of its members as a chairperson, as well as determine the volume of the representative powers of its individual members; 2. ensure the performance of the resolutions of the general meeting; 3. dispose of the property of the Association subject to the requirements of the Statutes; 4. prepare and put forward to the general meeting a draft budget; 5. prepare and put forward to the general meeting a report on the activity of the Association; 6. determine the procedure and organize the performance of the activity of the Association, and be responsible for that; 7. determine the address of the Association; 8. adopt resolutions on all issues that do not fall according to the law or the Statutes within the rights of another body; 9. adopt current programmes for the activity of the Association. 10. determine the remuneration of the associates and employees of the Association 11. elaborate rules for the conduction of competitions, conferences, seminars and other activities related to the activity of the Association. 12. exercise and fulfil also other rights and obligations provided for in the Statutes.
Art.30. (1) The management board shall be convened for a session at least once per two months. The convening shall take place by an invitation sent by the Chairperson of the Association to each of the members of the Management Board, which shall specify the date, time, place and agenda for the session. The Chairperson shall be bound to convene a session of the management board upon a written request of one third of its members. If the chairperson does not convene a session of the management board within one week, it may be convened by each of the interested members of the management board. The sessions of the Management Board shall be directed by the Chairperson of the Association. If the chairperson is absent, the session shall be directed by the Deputy-Chairperson, and if he is absent – by a member thereof elected by the management board. (2) The session of the Management Board shall have quorum if all members are validly invited and at least 2/3 of them attend. (3) A person shall also be regarded as an attendee if there is a bilateral telephone or another connection with him that guarantees the verification of his identity and allows his participation in the discussion and decision making. The voting of this member shall be certified in the minutes by the chairperson of the session.
Art.31. (1) The management board shall adopt its resolutions by simple majority of its attending members. The resolutions for determination of a liquidator of the Association, as well as for disposal of the property of the Association and determination of the procedure and organization of the performance of the activity shall be adopted by a majority of all members of the Management Board. (2) The Management Board may adopt a resolution in absentia as well, if the minutes are signed for the adopted resolution without notes and objections in this respect by all members of the management board. (3) Minutes shall be kept for the sessions of the Management Board, which shall be signed by the attending members and by the minutes-keeper. The Minutes from the sessions of the Management Board shall be accessible for all members who will be able to review them and request copies of or extracts from them. (4) Until a new Management Board is elected, the old one shall continue performing its functions. (4) The powers of a member of the Management Board shall be terminated early if he is put under judicial disability, in case of death and if his requests so. When a member of the Management Board wants to leave it, he must file to the Management Board a three-month written prior notice. Upon the occurrence of any of the specified circumstances, the Management Board shall mandatorily convene the General Meeting to fill the vacated positions in it. The General Meeting of the Association may always remove from office a member of the Management Board when it finds that there is an abuse, violation of the effective Statutes or of the laws of the country and in the absence of interest and activity with respect to the activity of the Association.
Art.32. (1) The Chairperson of the Association shall be determined and elected among the members of the Management Board. He shall be entitled to mandates of 3 years each. (2) The Association shall be represented by the Chairperson. (3) The Chairperson shall not have the right to be elected for more than two mandates in a row.
Art.33. The Chairperson shall have the following powers: 1. represent the Association before state and public bodies and institutions, other associations in the country and abroad, companies, private persons, etc.; 2. preside over the sessions of the Management Board; 3. convene sessions of the Management Board; 4. enter into contracts with third parties subject to the approval of the Management Board; 5. fulfil other obligations ensuing from the law and the Statutes or assigned to it by internal instruments of the Association.
Art.34. (1) The powers of the chairperson shall be terminated early in the following cases: 1. resignation is filed before the General Meeting; 2. permanent inability to fulfil his obligations and powers for more than 6 (six) months. 3. death or putting under judicial disability. (2) In case of early termination of the powers of the Chairperson, until a new Chairperson is elected by the General Meeting of the Association, his functions shall be performed by the Deputy-Chairperson, and if the latter is not able either – by a member of the Management Board authorized by the Management Board.
Art.35. The Management Board shall determine one of its members as a Deputy-Chairperson. The Deputy-Chairperson shall exercise the powers of the Chairperson when the latter is absent or in case of early termination of the Chairperson’s powers until the election of a new Chairperson. By a resolution of the Management Board, the Deputy-Chairperson may also be given other powers in order to assist the Chairperson’s activity.
Art.36. The Supervisory Board shall be a supreme supervisory body. It shall consist of three persons, members of the Association, elected by the General Meeting with a three-year mandate. The members of the Supervisory Board may not be members of the Management Board or employees of the Association at the same time.
Art.37. (1) The Supervisory Board shall be bound to audit the affairs of the ASSOCIATION every six months. Audits may be carried out at any time when the Supervisory Board deems it necessary. Records shall be drawn up for the conducted audit, which shall be entered in a separated book of records. (2) The Supervisory Board shall exert control over the activity of the Management Board by controlling its operations for achievement of the Association’s objectives. When the Supervisory Board finds irregularity, it may request clarification from the Management Board. In case that the answer from the Management Board is not exhaustive and satisfactory, this issue shall be raised at the session of the General Meeting. (3) The Supervisory Board shall be bound to draw up an annual report on the financial condition of the Association. The report must be drawn up not later than up to one month before the regular annual session of the General Meeting.
Art.38. (1) The Supervisory Board shall be convened for a session by its chairperson at least once every 3 months. The chairperson of the Supervisory Board shall also be bound to convene the Supervisory Board on the proposal of 1/3 of its members. The Supervisory Board shall adopt a resolution by simple majority of the attendees. (2) The chairperson of the Supervisory Board shall be elected among the members of the Supervisory Board by a majority of 2/3. (3) The powers of a member of the Supervisory Board shall be terminated early if he is put under judicial disability, in case of death and if his requests so. When a member of the Supervisory Board wants to leave it, he must file to the Supervisory Board a three-month written prior notice. The General Meeting of the Association may always remove from office a member of the Supervisory Board when it finds that there is an abuse, violation of the effective Statutes or of the laws of the country and in the absence of interest and activity with respect to the activity of the Association.
Art.39. The Commission on Ethics shall exert control over the observance of the ethical rules of the Association and the Code of Ethics of the Bulgarian Medical Association and create ethical rules for privately practicing psychiatrists.
Art.40. (1) The Association shall be dissolved by a resolution of the General Meeting. (2) The Association shall be dissolved by the registration court: 1. when not duly established; 2. when its activity conflicts with the law, the Statutes or the public order and good morals; 3. when declared bankrupt.
Art.41. (1) Upon dissolution of the Association liquidation shall be carried out. (2) The liquidation shall be carried out by the management body or by a person determined by it. (3) In case of bankruptcy the procedure provided for in the provision of art.14 par.4 of the Non-Profit Legal Entities Act shall apply.
Art.42. The distribution of the property that is left after the satisfaction of the creditors shall be carried out on the basis of a resolution of the General Meeting of the Association. If no resolution has been adopted until the dissolution, the liquidator shall decide.
Art.43. On the basis of a proposal of the Management Board the General Meeting may declare prominent Bulgarian or foreign specialists having rendered special service to the psychiatric science and practice honorary members of the Association. They shall not form a part of the members and shall not pay a membership fee, as they shall have the right to participate in the sessions of the General Meeting with a deliberative vote. The General Meeting may by a resolution elect one or several honorary chairpersons of the Management Board (former chairpersons or Regular members having rendered special service to the Association). The honorary chairperson of the Management Board may take part in its proceedings with a deliberative vote.
Art.44. On the basis of a proposal of the Management Board for special merit, the General Meeting may distinguish its members or other persons with an honorary sign of the Association.
Art.45. Issues not settled in the Statutes shall be governed by the provisions of the Non-Profit Legal Entities Act and other legal instruments in effect in the country.
Art.46. The Statutes were adopted at the founding meeting, which took place in the city of Sofia on 30 February 2000. Amended and supplemented at the General Meeting, which took place in the city of Sofia on 16 November 2002.