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I. NAME AND DOMICILE
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Article 1
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Under the names SwissCham
- Verband Schweizerischer Aussenwirtschaftskammern, SwissCham–
Association des Chambres de Commerce et d'Industrie Suisses
à l'Etranger, SwissCham
- Association of Swiss Foreign Trade Chambers, SwissCham–
Asociacion de las Camaras de Comercio e Industria Suizas
en el Exstranjero, SwissCham–
Associazione Camere di Commercio e Industria Svizzere
all'Estero (henceforth referred to as SwissCham)
exist an association with legal capacity
in terms of Art. 60 ff, Swiss Civil Code. Domicile and
jurisdiction are located at the same location as the Business
Office.
To the extent not provided for in the bylaws below, the
association's legal relationships are defined pursuant
to the provisions of the Swiss Civil Code. |
II. ASSOCIATION PURPOSE
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Article 2
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The purpose of SwissCham
is to represent the interests of Swiss Foreign Trade Chambers,
promote Swiss foreign trade and encourage contacts with
appropriate offices domestically and abroad.
SwissCham
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represents the common interests of its members
– private, non-profit economic organizations
aiming at promoting economic relations between Switzerland
and the member partner country in question;
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promotes exchanges among its members to achieve
high standards of quality and greater efficiency;
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takes positions on Swiss foreign trade issues;
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promotes the recognition of private-sector foreign
trade organizations within the administration, parliament
and the broader Swiss public;
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its members promote Switzerland as a place to
do business as well as the presence of the Swiss
private sector abroad.
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SwissCham
may draft and publish press releases and/or other publications.
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III. TERM
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Article 3
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The association was established in 1935. The term for
SwissCham
is of unlimited duration. The fiscal year ends on December
31. |
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IV. MEMBERSHIP
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Article 4
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The following may be accepted as full members of SwissCham:
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Swiss Chambers of Commerce established and active
abroad,
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Chambers of Commerce active abroad and in Switzerland
representing the interests of Switzerland and partner
countries in a bilateral manner,
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Chambers of Commerce active in Switzerland that
actively promote the economic relations with one
or more foreign countries.
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They may be either full or associate members.
Full members have clearly defined organizational and financial
relationships and offer their members a comprehensive
palette of services.
Associate members actively promote Swiss trade abroad,
yet do not possess the same prerequisites as a full member.
The Association Assembly determines the rights and duties
associated with membership. |
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Article 5
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An application to become a member of SWISSCHAM may be
submitted at any time. The membership application must
be submitted in writing to the Business Office. The Association
Assembly decides on the acceptance of new members.
People with special contributions to the benefit of the
association may be appointed honorary members. They enjoy
the same rights of membership, but are released from the
ordinary duties to the association. The Board presents
recommendations to the Association Assembly. The Association
Assembly approves the nomination. |
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Article 6
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A member may resign only at the end of the fiscal year
maintaining a termination period of 6 (six) months. Members,
who resign or are expelled, have no claims to the association’s
assets (Art. 73, Swiss Civil Code). |
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V. ORGANIZATION
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Article 7
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The SwissCham
institutions are:
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The Association Assembly
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The Board
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The President
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The Business Office
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The Auditors
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Association Assembly
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Article 8
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The Association Assembly is the supreme
institution within the association. It is comprised of
the full and associate members. Every full member has
one vote. Associate members are entitled to express their
views, but do not possess voting rights.
The Association Assembly is responsible for:
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Amending the bylaws
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Accepting the president’s annual report,
annual accounts and the auditor’s report
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Discharging the President and the managing director
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Electing the Board
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Electing the President
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Electing the Auditors
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Accepting members
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Establishing annual membership fees
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Dissolving the association
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It oversees the activities of the institutions and may
recall them at any time without justification notwithstanding
claims accruing to the recalled parties from existing
agreements.
The general Association Assembly convenes annually at
the invitation of the President (in his or her absence,
a vice president).
Extraordinary Association Assemblies may be convened at
the resolution of the Board or at the request of one fifth
of the full members.
The invitation period for the ordinary and extraordinary
Association Assembly is six weeks. The agenda must be
included in the invitation.
A quorum is established at the Association Assembly when
one half of the full members are represented.
Resolutions are passed when a simple majority of the members
present and eligible to vote so vote. The President casts
the deciding vote in the event of a tie.
Guests may also be invited to the Association Assembly.
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The Board
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Article 9
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The Board consists of the President and
at least 2 (two) members. The Board is limited to 8 members.
The board elects two vice presidents from among its ranks.
These two, together with the President, form the presidium.
The Board is elected for a term of three years. After
the initial term expires, members of the Board are only
eligible for a second term of office.
The President and both vice presidents elect the managing
director. A head of Business Office may be elected in
lieu of a managing director. The duties are established
in writing. A member of the Board, but not the President,
may be elected as the head of the Business Office.
The Board meets at the discretion and invitation of the
President. Representatives of the members may be invited
to the board meetings.
The Board has a quorum when it is convened in a proper
manner. Resolutions are passed with a simple majority
of those present. The President casts the deciding vote
in the event of a tie. |
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The President
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Article 10
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A person from the private sector should
be appointed as the President.
The President may be elected to a second term. Article
9 applies in all other events.
The President represents the SwissCham.
He or she conducts the business of SwissCham
together with the vice presidents and in consultation
with the managing director.
The President is authorized to sign individually with
the right to assign a substitute. The other members of
the presidium must sign jointly with another member.
The President may convene workshops and conferences of
the presidium, the Board as well as members of SwissCham
as required. Furthermore, he or she may include the managing
director or the head of the Business Office. |
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Business Office
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Article 11
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The Association Assembly determines the
domicile of SwissCham.
The presidium establishes its rights and duties.
The Business Office is subordinate to the presidium. The
head of the Business Office has the power to sign jointly
with one member of the presidium. The Business Office
is specifically tasked with transforming programs resolved
by the board, taking care of day-to- day activities, accounting,
recruiting members, maintaining contac ts with members,
authorities, associations as well as providing information
and advice to third parties. |
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Auditors
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Article 12
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The Association Assembly elects two auditors,
responsible for reviewing annual accounts and making requests
to the Association Assembly. The accounts must be provided
to them for auditing in a timely manner prior to the ordinary
Association
Assembly. The auditors are elected for a one-year term
and may be re-elected. |
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VI. FINANCES, LIABILITY, FISCAL
YEAR
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Article 13
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SwissCham
income consists primarily of:
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Membership annual dues
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Project credits
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Income from events
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Fees for services
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Sponsorship payments
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Membership dues are set to cover expenditures. Annual
membership fees are paid in advance and are due by February
1 for the calendar year. New memberships during the year
are calculated on a pro-rata basis. Membership dues may
by reestablished at an Association Assembly.
As a rule, annual dues and special income should cover
budgeted expenditures.
The association’s assets are solely liable for SwissCham
obligations. Individual members are precluded from personal
liability for association obligations. |
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VII. AMENDMENT TO BYLAWS AND DISSOLUTION
OF
SwissCham
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Article 14
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A two-thirds majority of the Association
Assembly is required to dissolve SwissCham
and amend the bylaws.
SwissCham
must be dissolved when the annual budget is no longer
financed or when the board can no longer be appointed
as stipulated by the bylaws.
In the event of the dissolution of SwissCham,
the Association Assembly passes a resolution on the application
of the assets pursuant to the association’s purpose.
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VIII. FINAL PROVISIONS
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Article 15
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These bylaws are also available in German
and French.
The German version is considered the original text.
These bylaws enter into force on May 31, 2003 and replace
the bylaws, dated June 3, 2000. The Association Assembly
approved the bylaws on May 31, 2003, in Lisbon.
The President: Dr. Rolf M. Jeker
Scribe: Daniel Küng |
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SwissCham, the Association of
Swiss Foreign Trade Chambers since 1935, promotes Swiss exports
and a Swiss economic presence abroad through its global network
of member chambers. SwissCham currently has a total of
46 members -
33 full members and
13 associate members. |
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