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Association Statute

Art.1 Constitution

"ASSOCIAZIONE ITALIANA dei Clinical Monitors (C.M.)” (Italian Association of Clinical Monitors), called  ASSOMONITOR, is constituted in Rome by Soci Fondatori on January 19th, 2008. 

Art.2 Duration and seat of association

The duration of Association is open-ended.
The legal seat of the association is in Rome, the operative one is in the domicile city of the national president.

The official seat of every association body, if not otherwise established, is at the residence of the president of the same social body.

Art.3 Aims of the Association

The association has following tasks:

  1. To do its best to define the professional figure of the clinical monitor and its legal identification according to the Professional Profile (attachment A) that is an integral part of this statute.

  2. To put forward all initiatives apt to protect the dignity, the professionalism and the acquired experience of the C.M under contractual, wage, normative and informative profile.

  3. To promote formative initiatives and culturally and socially enriching ones to distinguish the C.M adherent to the association for their peculiar baggage of competences.

  4. To guarantee the Italian Clinical Research in terms of acquaintances, reliability and independence, thus putting it in situation of excellence in international field.

  5. To pursue the first 4 points expressed up to here, suggesting itself as primary interlocutor:

    1. of the actors of the Clinical Research: pharmaceutical companies, CROs (Contract Research Organizations), university, ASL, hospitals, research centres, scientific societies;

    2. of the interested governmental authorities (ministries, bodies, agencies, etc);

    3. of the press;

    4. of social and trade-union organizations;

    5. of the international associations of protection of C.M and to collaborate with them to the organization of the Italian CRA in an European and world-wide context.

  1. Promoting  appropriate forms of assistance and security for the class and ensure their proper implementation.

  2. To perform any other activities not included in the previous paragraphs, considered necessary or useful to implement its aims. The Association may take the best suitable legal form for tasks for which it was created, within limits established by law by the authority.

Art.4 Features  of the Association and partners’ requirements.

The Association is a no-party and nondenominational one. It is a non-profit association.

To be enrolled in the Association you need the Clinical Monitors professional requirements of  the A attachment of this statute.

 The application form  involves the acquaintance and the integral acceptance of the present statute.

The undersigned signatories  of the present statute on January 19th, 2008 enjoy the status of Founding Associates.

Art.5 Loss of the title of member.

The title of a member ends:

  1. for rescission, that will be communicated  by registered letter to the President;

  2. for default if this persists for more than three months from due date previewed from the  following art.16; c. for expulsion;d. for death.

The expulsion is deliberated by  the absolute majority of the members the Directive Council against the member who commits actions considered dishonorable within and outside the association; it is also deliberated for member who interferes with the good course of the society.

The expulsion  disposition must be communicated to the interested member trough a registered letter with warning of reception; this must be successively ratified with the majority previewed in the third paragraph of the art.9 by the ordinary Assembly.

The expelled member can lodge an appeal for merit or legitimacy reasons, within thirty days from the date in which it has been notified.

The appeal is forwarded the President of the Directive Council.

During this assembly, at which the interested member may be present, a careful analysis of the debits will proceed in a cross-examination with said member.

The expelled members cannot be more admitted.

The members who had made rescission or who had broken off with the Association cannot repeat paid contributions; they are also held to pay contributions for the year in course, if they had not already supplied.

They do not have any right on the Association patrimony.

Art. 6  

The organs of the Association are :

  1. the Assembly

  2. the Directive Council

  3. the President;

  4. the Vice - President;

  5. the Secretary Treasurer.

  6. The Arbiters College

the President, the Vice-president,the Secretary Treasurer and  the Councilmen must be enrolled to the Association and they must be up to date with payment of the associative contributions.

They stay in their office for two years and are all re-electable for no more than 2 consecutive mandates; that is, after a suspension mandate, the same person can be re-elected.

All the positions are honorary. The elected members will be reimbursed only for expenses made for their mandate.

Art.7 Assembly.

The Assembly is constituted by the Association members.

Everyone of them, who is up to date with payment of the associative contributions, has the right to vote; this right can be exercised personally or by another member who has a written delegation.

Each member cannot represent more than one member by delegation.

Members who are in default with payment of the contributions even to a single exercise, will not be able to exercise the right to vote.

However, they can attend the assembly as audience, but they will not be considered for quorum for the valid constitution of the assembly.

Art.8  Convocation of the Assembly.

The Assembly meets at least once a year within  June in order to discuss and to deliberate about the

the final and preventive budget; it also discusses about the work of the Directive council about the activity,  for a not financial order too, carried out from the body in previous exercise.

The Assembly must be convened by the President trough a notice with the indication of  the day, the hour and the set of  the assembly and a list of the topics to talk about.

The notice must be sent thirty days before to all the members trough  personal e-mail with  acknowledgement of receipt; in default of answer within three days from sending, it will be  notified through a registered letter that will be delivered to the post office at least fifteen days before that fixed day for Assembly.

In urgent cases  the Assembly can be summoned on deliberation of the Directive Council and the term described in the previous paragraph is abbreviated in fifteen days for both situations.

Moreover, for urgent case, the Assembly must be convened by the Council if at least a third party of the member who are not suspended by right to vote make a request for it.

In lack of formalities previewed from the second and third paragraph of the present article, the Assembly considers itself regularly constituted when all members not suspended by right to vote and all the members the Directive Council, take part in it.

However, in such hypothesis, everyone who takes part in the assembly can object the discussion of the topics he is not consider himself well informed.

The Assembly is chaired by the President of the Association or, if he is absent or he has some  impediment, by the Vice-president or, in subordination, in a case of their impossibility, by the oldest of the present member.

The Secretary of the Assembly's functions will be carried out by the Secretary Treasurer of the Association or by other person appointed for it by  the Assembly.

Art. 9 Tasks of the Assembly

The tasks of the Assembly are:

  1. To establish the main lines of the Association activities;

  2. To approve one-year preventive and final accounts;

  3. To establish contribution charged to the members;

  4. To elect the members of the Directive Council, according to the rules of the present statute;

  5. To approve modification of the statute;

  6. To deliberate the Association dissolution with modalities of the art.18.

The Assembly is validly constituted in the first convocation with the participation of members who form the majority of the associated ones who are up to date with payment of the associative contributions; except for justified reasons the second convocation must be convened even in the same day of the following week, at the same time and in the same set, with  any number of members.

The Assembly, both in the first and in the second convocation, deliberates with the majority vote of the present members and the representatives  ones with right to vote.

For deliberations about topics of paragraphs “e” and “f” of this article, is however necessary the vote pro of all  members who represent the majority of associated members who are up to date with payment of the associative contributions and who belongs to C.M. Senior category, as defined in A attachment.

The election of the Members of the Directive Council must be made trough secret ballot if so required by the majority of  the present members with the right to vote.

The candidates who will have reach the higher number of votes, will be considered elected, if each of them will have obtained the preference of  at least a quarter of the electors.

In the lack of this last condition it will be always proceeded in the same way, until the condition is reached.

Art. 10 Directive Council

The Directive Council  is composed by five members: the President, the Vice-president, the Treasurer Secretary and two councilmen who are elected by the Assembly.

The Directive Council must summon at least twice a year.

The convocation is made by the President through email, with answer of delivery within three days; in default of it, this can be convened through a registered letter sent at least 10 days before the reunion.

For urgent case, on initiative of the President, the Council can be summoned also without the foretold formality, through the more suitable means for the circumstances; however,  in this case, it is validly summoned only if expressly accepted by the convened members. They must turn out test (received, recording, letter, fax, etc.) of this acceptance.

Art.11 Tasks of the Directive Council

The Council is the permanent directive organ of the Association; it has  all the powers with the exception of those which are exclusively reserved  to the Assembly by the Statute.

In particular, and without that the following list has peremptory nature, the Council can:

  1. promote all necessary actions for the achievement of the  aims planned in the present Statute.

  2. issue  the eventual regulation of the execution of the present Statute and  see the  following modifications to this regulation.

  3. deliberate about admission of the applicants;

  4. manage the patrimony of the Association and organize the one-year budget to submit it to the Assembly; it also takes care the deposit in the office, at least thirty days before the day fixed for the assembly;

  5. give execution to the deliberations of the Assembly;

  6. nominate the representatives of the Association in agencies or national and International authority;

  7. deliberate on the exclusion of the member;

  8. Choose come other offices  that can be add to the main office of  the Association.

The Directive Council is presided by  the President and, in the event of his absence or his impediment, by the Vice-president.

The Council meetings are validly constituted with the presence of the majority of its members and the deliberations must be assumed to majority of the participants.

The Minutes of the Council are taken down by the President and they  get known to the members within a month from the meeting.

If a councilman cannot be present he will be replaced, according to deliberation of the Council, by the first candidate who had obtained the majority of votes among not-elected in the last reunion.

Art.12 President and Vice-president of the Directive Council

The President of the Directive Council represents the Association to all intents and purposes, of processual order too; he has to execute Council decisions

If he dies before the forfeiture of his mandate, his powers would be exercised to interim by the Vice-president who, within fifteen days, should be summon the Council to nominate a new President.

The Vice-president represents the Association in the event of the absence and the impediment of the President or when he is delegated by him.

The Directive Council can delegate with own deliberation the fulfillment of the actions determined to its members, also if they are different from the President and the Vice-president.

Art.13 Treasurer Secretary

The Treasurer Secretary takes care of bookkeeping of the Association, he receives or carries out the payments; he also, takes care of the properties of the Association and keeps the documents of the Association.

 Art. 14 Arbiter Body

The Arbiter Body is composed by three members who are elected by the Assembly, and it nominates the president.

The Arbiter Body verifies the correct management in economical field and checks the operations made by the Associations.

In particular, it expresses its own opinion about the one-year statement of the Association and about other bookkeeping written documents, before they were presented to the Assembly to be approved.

The Arbiter Body continues on its office  for two years and its members are re- electable.

Art.15 Association Patrimony

The Association Patrimony is constituted by the ordinary contributions of the members, from legacies, donations or other sources of income accepted by the Council. The one-year contributions of the Association must be paid by thr members within and not beyond February, 28th  of every year.

Art. 16 Budget and profits

The fiscal year goes from March 1st to February 28th of every year. At  the end of every exercise the President and the Treasurer will provide for the formation of the social budget to show it to the assembly of members.

Art. 17 Dissolution

With the majority previewed from the fourth paragraph of the art.9 and according to  the Residual Norm of  the last paragraph of the present Article, in dissolution case the Assembly resolves about the destination of the existing patrimony; it also nominate sone or more liquidators and establishes powers and compensations.

On such destination the credits calimed towards the Associazione dei Soci Fondatori (Founder Members Association) has a preemption right.

Transitorily, until January 19th, 2018, the dissolution of the Association can be determined only if it is reached the absolute majority of the Soci Fondatori (founder members) still associated.

Art. 18 Residual Norm.

The present statute comes into force from the Association Constitution date.

For all not previewed in the present charter, it is referred to laws and orders in force and general principles of judicature..

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