| Based on the provisions of Association Act NO: 13 / 2000, the following Articles of Association were issued: |
| The Articles of Association of the Association of Iraqi Businessmen: |
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| Article 1 - Association’s Name: |
Association of Iraqi Businessmen
It comprises a group of natural and legal businessmen seeking dedicating the experience of its members to support the cultural, social and economic activities for the purpose of developing and activating the national economy and does not aim to achieve material profits. |
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| Article 2 - Association Office: |
It shall be in Baghdad and It may establish branches in other governorates under a resolution passed by its administrative body under the provisions of Association Act NO: 13 / 2000.
As a result of security conditions experienced by Iraq and for the purpose of follow-up association members outside of Iraq, the main follow – up headquarter shall be in Amman, and there are representatives of the Association in Syria, Egypt and the UAE. |
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| Article 3 - Association’s Objectives: |
First: Educate the members in order to achieve harmony and cooperation among its members to serve the development of social activities, cultural and economic development.
Second: Preparing researches and studies to inform its members about the actions and decisions issued by the competent authorities according to the targeted objectives.
Third: To contribute to providing technical assistance through the use of professors and professionals.
Fourth: Establishing cooperative relations with Arab and international organizations with similar goals.
Fifth: Issuing a publication, a newspaper or a magazine intended to be concerned with publishing the association’s goals, cultural, economical and social activities after obtaining the approval of the competent authorities.
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| Article 4 - Association’s Membership: |
First: The association member shall meet the following conditions:
- Iraqi National.
- Above eighteen years.
- Not convicted in any crime or felony involving moral turpitude.
- Accept the association’s articles in writing.
- He must be a holder of a university degree, preparatory degree along with other qualifications. The administrative body may accept the candidate member on exception of the degree condition.
Second: The candidate shall own, participate in or manage a clear patriotic activity and be of an experience that is not less than 12 years in this field.
Third: The candidate businessman shall apply on an membership application under a form to be signed by him and supported by two of the association working members.
Fourth: The administrative body may accept the association members among:
- Arab businessmen, economists and consultants permanently or interruptedly existing in Iraq saving that their percentage may not exceed (52 %) of the total members.
- Legal persons related to the association’s objectives.
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| Article 5 - Membership Acceptance: |
First: The administrative body shall review the membership applications of the association within a period not exceeding two months at most.
Second: The new member shall be accepted by the administrative body upon fulfilling the conditions. The names of the candidates shall be declared in the notice board for a week at least so as to allow all of the association members to review the nomination and objection against it before the administrative body for reasonable causes and in secret.
Third: A member shall be accepted in the association after paying the membership charges and subscription as per these articles and within a month as of the date of acceptance.
Fourth: The candidate member shall be informed about acceptance by the secretary along with the amounts payable by the candidate member.
Fifth: The administrative body may confer honorary membership to those whom the administrative body deems to have provided the association with great services (unanimously) and shall have the right also to release them from paying the membership charges or the subscription charges or both of them.
Sixth: The administrative body may confer the honorary presidency to any respectable character from those who provide or provided great services to the national economy and the association. Such membership may continue for one single election cycle or for one single year.
Seventh: The member’s spouse and sons are deemed supporting members having the right to participate in social and cultural events without participating in nomination or election.
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| Article 6 - Loss of Membership: |
The member shall lose the capacity of being a member in the following cases:
- In case of resigning from the association under a written notice submitted to the administrative body after paying the due liabilities.
- In case of death or absence of one of the membership conditions.
- In case of being dismissed by the association saving that a member may not be dismissed unless under reasonable legal causes and under the approval of two third of the administrative body members and after being granted the opportunity to defend himself. Again, a member may object to the dismissal with the general authority in its next meeting.
- In case of not paying the member’s financial liabilities under the instructions set by the administrative body within a month after being notified in writing.
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| Article 7: |
| The member who lost his membership due to non – payment of his financial liabilities may apply another membership application and upon accepting the same, the member shall pay all due liabilities. |
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| Article 8: |
| The member who loses his membership and his heirs may not be entitled to any of the association’s moneys. |
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| Article 9 - Association’s Bodies: |
First: Constituent Body: It consists of the members signing on the incorporation application which they provide to obtain the association incorporation permission along with the name, title, nationality, age, career and address of the member.
The constituent members shall call the general assembly to hold a general meeting to elect the administrative body and its different committees within a period not exceeding (180) days as of the incorporation date. They should inform the Ministry of Interior about the result of such election within a period of ten (10) days as of the declaration date.
Second: General Assembly:
- The general assembly shall consist of all members who fulfilled their liabilities as per these articles after inviting all of them to hold a general meeting.
- The general assembly members shall have the equal voting right and the quorum shall be achieved by the presence of the most members in the first invitation.
- A resolution shall be passed by the general assembly with the majority of two third in order to apply and amendment to the association articles or dissolving the same optionally. The deliberations of the general assembly shall not be validated unless under including the issues in the agenda attached to the invitation to the general meeting.
- The general assembly of the association shall be invited once a year at least to attest the balance sheet and acknowledge the final account of the body and a date of the meeting shall be determined by the administrative body and shall be publicized in a newspaper and in the notice board for two weeks.
- The general assembly shall be invited every three (3) years to elect the administrative body and the concerned judge shall be invited to attend and supervise the progress of election as per law and these articles.
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| Article 10 - General Assembly’s Powers: |
First: Approving the Agenda
Second: Considering the report of the administrative body on its annual works.
Third: Attesting the association’s budget for the elapsed year.
Fourth: Approving the roadmap of the association for the period to come.
Fifth: Electing the members of the new administrative body as per law.
Sixth: Studying any other issues submitted by any of the general assembly members during the meeting in connection with the association’s objectives under the approval of the majority of the present members.
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| Article 11: |
| The meeting of the general assembly may not be held unless with the presence of more than the half of the registered members. In case the quorum is not completed in the first meeting, the general meeting shall be held on the same day in the next week at the same time and place as defined for the first meeting and the quorum shall be completed irrespective of the number of the present members. |
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| Article 12: |
| The meeting of the general assembly shall be chaired by the oldest member or the member elected by the general assembly along with appointing a controller and clerk for the session. |
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| Article 13: |
| The general assembly, upon the invitation of two third of its members, may hold an extraordinary meeting to consider any issues related to the progress of the association work or considering the dismissal of the administrative body upon deviating these articles or committing gross breach. |
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| Article 14 - Administrative Body: |
The administrative body shall consist of eleven original member and five backup members from those following them in the voting to be elected by the general assembly from its members by secret ballot (in case of equality of votes of two or more members, the original member shall be elected by lot.
Second: The membership period shall be for three years and the candidate member may be reelected for more than once.
Third: The elected member shall elect the head of the administrative body and two deputies in addition to a secretary and the powers and duties of each one of them shall be determined by the administrative body.
Fourth: The head of the administrative body shall represent the association before the state departments and the socialistic, mixed and private sectors in addition to settle all the rights and liabilities of the association.
Fifth: The first deputy of the head of the administrative body shall replace the latter in case of absence and the second deputy shall do the same in case of absence of the first deputy.
Sixth: In case of the absence of the head of the administrative body for a period exceeding two months without a reasonable excuse, the other members of the administrative body shall be entitled to elect a new one for the administrative body.
Seventh: The administrative body member loses his membership in the body upon absence for two continuous meetings without reasonable excuse convincing the body and the backup member shall be invited to take his place.
Eighth: The administrative body shall set the controls of the method and dates of paying the financial liabilities of the members and shall define the method of terminating the membership upon the non – payment of the member’s financial liabilities.
Ninth: The administrative body can temporarily or permanently dismiss the association member when violating the provisions of these articles.
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| Article 15: |
| The administrative body shall manage the works of the association and shall be entitled form the committees it finds fit to do certain works and define the duties of each committee with the participation of as much as possible of the members in such committees in order to activate the activities of the association. |
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| Article 16 - Electing the Administrative Body: |
First:
The candidate for the administrative body shall meet the following requirements:
- To be not less than 40 years.
- Practices a known work and has a good reputation.
- Has a good command of one foreign language at least.
Second:
- The nomination for the membership of the administrative body shall be within a period of not less than two weeks before the date of the defined annual meeting of the administrative body through a written application submitted by the candidate to the administrative body within the period specified for the same.
- The list of the candidate names shall be declared after the official approvals and as per the alphabetical order within a period not less than one week of the date defined for the meeting.
- The voting for electing the members of the administrative body by secret ballot in the presence of the concerned judge.
- The general assembly during the meeting shall choose a committee of three persons to help the judge supervising the boll and counting the votes.
- The elected members of the administrative body shall hold a meeting within ten days as of electing the same to elect the president, president’s deputy and secretary and they also shall have the right to elect a member to supervise the financials.
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| Article 17: |
| In case the administrative body decides to resign or if six of its members to resign at the same time before the date of annual general meeting, the administrative body or the remaining members shall invite the general assembly to hold an extraordinary to elect a new administrative body. |
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| Article 18 - Administrative Body Meetings: |
First: The quorum shall be completed in the meeting of the administrative body with the presence of half of its members in addition to the president or his deputy and the backup member / s shall be invited to attend upon the absence of the original member.
Second: The resolutions of the administrative body shall be passed by the majority of the present members.
Third: The administrative body shall hold the meeting under the invitation of the president or his deputy and shall be notified to the members through the secretary saving that the meetings shall not be less than six meetings annually.
Fourth: The minutes of the meeting shall be recorded in a special record by the secretary and shall be signed by the present members and the preservations shall be taken, if any, upon signing.
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| Article 19 - Administrative Body’s Duties: |
First: The administrative body, represented in its president or deputy, shall do all the legal acts duly allowed and shall be entitled to authorize the required powers to the CEO or Secretary.
Second: The invitation of the annual general assembly or any other extraordinary meeting shall be through the president or deputy.
Third: Receiving and delivery all what belongs to the association including the cash or in – kind moneys.
Fourth: The association shall be represented by the president and he shall sign all contracts as per the decisions of the body.
Fifth: The communications shall be signed by the president or his deputy in case of the president’s absence or by the secretary and the president’s two deputies shall have access to all communications through file.
Sixth: The instruments shall be signed by the president or by whomever authorized by the administrative body in addition to the signature of the financial officer or the treasurer.
Seventh: The administrative body shall be entitled to issue the decisions and controls in terms of the regulating and administrative matters.
Eighth: Considering the membership applications and acceptance of the same.
Ninth: Appointing the laborers and shall be entitled to appoint the CEO of the association and determining the salaries of the same saving that such appointment shall be submitted to the general assembly in its first meeting within one single year as of the incorporation.
Tenth: Approving the borrowing from the members and the supporting members without interest for preparing and expanding the office of the association and shall be entitled to borrow from the banks and others with simple interest.
Eleventh: Depositing its moneys in a bank till being in need for the same.
Twelfth: Determining and amending the membership charges and the subscription and all fees of the services provided to the members and others in the highlight of the general economic status. |
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| Article 20 - Duties of the Association Secretary: |
The association secretary shall be a holder of experience and a holder of a university degree and shall have the qualifications and scientific, technical and administrative faculties and his duties can be summarized in the following in addition to the missions assigned by the administrative and the president thereof:
First: Addressing the invitation according to the order of the president or his deputy in case of the president’s absence.
Second: The resolutions of the administrative body and the general assembly shall be signed and distributed to the concerned authorities and registering the resolutions and shall be entitled to use one or more specialized employees.
Third: Preparing the agenda of the administrative body or the general assembly.
Fourth: Addressing the invitation of the meeting of the general assembly as per the resolution of the administrative body.
Fifth: Signing the correspondences and following up the implementation of the resolutions and any other missions assigned to it by the administrative body.
Sixth: Issuing the IDs of the new members and shall be responsible for auditing the validity of the information contained therein.
Seventh: Informing the member about acceptance and the amount payable to it in writing.
Eighth: Supervising the archive of the association and the services of the members under the guidelines of the association president and the CEO.
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| Article 21: |
| The administrative body shall appoint a CEO of the technical and administrative faculties so as to implement the resolutions of the body and coordinating the works of the committees and preparing the seminars, lectures and agendas and shall be a holder of a university degree. |
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| Article 22: |
First: The CEO shall be authorized to appoint the laborers and concerned consultants to help him achieve the association’s objectives.
Second: The CEO shall be responsible for strengthening the cooperative relationship with the association branches and with the similar associations outside Iraq and supervising the studies and the discussions and enriching the libraries with studies and the scientific information to develop the members’ faculties.
Third: It shall participate or chair the newspaper or the magazine issued by the association and to produce the same perfectly.
Fourth: Suggesting and implementing the plan of developing the technical faculties and improve the performance of the association and serving its members and authorities along with setting the system of management and incentives. |
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| Article 23 - Association Sources: |
The association resources shall comprise the following:
First: Membership charges for a member shall be $ 200 + (JD 20 as IDs Issuance Allowance), Annual subscription of $ 100 + + (JD 20 as IDs Issuance Allowance) and the double for the legal person.
Second: The donations and gifts as per duly approved.
Third: Any other resources approved by the administrative body saving that the same may not breach the law.
Fourth: Revenues of the publications issued by the association.
Fifth: Fees of the services provided by the association to members and others as per the instructions of the administrative body. |
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| Article 24: |
First: The fiscal year of the association shall begin at the beginning of every Gregorian year and ends at the end thereof.
Second: The administrative body shall maintain the accounts statements and submit them to a specialized employee and any member shall be entitled to review the same under the approval of the body.
Third: The accounts of the association shall be audited by a highly qualified auditing bureau and the fees thereof shall be agreed saving that the same shall be submitted to the general assembly and the accounts shall be regularized by the accountant or a chartered accountant
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| Article 25: |
| The association shall be entitled to own properties, movable and immovable assets to extent required to achieve its objectives and to dispose the same in all means saving that the same shall be under the resolution of the administrative body and as per the provisions of the applicable laws. |
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| Article 26 - Association Records: |
First: The association shall maintain the following records:
- Members Record: in which the names of the members of the association in addition to their branches, addresses, nationalities, ages, careers and the date of their affiliation.
- Resolution Record: Containing the resolutions passed by the administrative body and the general assembly and shall be signed by the members of the administrative body.
- Income Record: Containing the incomes and expenses and shall be signed by the notary public.
- Record of Moneys and Furniture: Containing all belongings of the associations including the furniture, movable and immovable assets.
- The record of the inbox and outbox correspondences.
Second: All correspondences of the association and records and resolutions of the association shall be sealed by its seal. |
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| Article 27 - Association Dissolution: |
| The association shall be self – dissolved under the approval of two third of the members of the general assembly saving that all its assets and movable and immovable moneys to the entity defined by the general assembly. |
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| Article 28: |
First: No profits may be distributed to the members of the association.
Second: Upon the availability of surplus in cash moneys, the administrative body may donate a part of such surplus to the houses of social welfare.
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| Article 29: |
These articles shall be valid as of the date of publishing the same in the official gazette.
These articles were published in the Iraqi official gazette, volume: 2899 issued on October 8, 2001 G corresponding Rajab 1, 1422 H.
Founders:
- Thamir Razoky Al Shikhly
- Hassan Mahdi Qanbraga
- Hamod Ibrahim Al Samirae
- Khalil Abdul Wahab Bania
- Saad Mahdi Al Rawi
- Saad Abbas Al Tamimi
- Sadon Abdul Razik Kaba
- Selim Yusuf Al Araj
- Sahib Abdul Karim Marza
- Sadiq Jaafar Naji
- Tarek Khalaf Allah Al Halboshi
- Dr. Adel Mahdi Al Rawi
- Farqad Hassan Ahmed Al Salman
- Kassim Abdul Majid Al Saffar
- Laith Abdul Majid Arem
- Mohammed Abdullah Kafil Hussein
- Mustafa Ismail Shanshal
- Yasin Faleh Al kabisi
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