Memorandum and articles of association of
the Hungarian National Association of Mangalica Breeders

The Hungarian National Association of Mangalica Breeders was established on 2nd November 1994 and was registered among social organisations by the County Court of Szabolcs-Szatmár-Bereg County under No. Pk. 60.215/94.

During the general assembly of the Association held on 18th September 2007 the constitution of the association was amended, which necessitated the inclusion into a universal framework of the said constitution according the following:
I. GENERAL PROVISIONS

1. §

1. The name of the Association: HUNGARIAN NATIONAL ASSOCIATION OF MANGALICA BREEDERS

2. The registered office of the Association: 138 Böszörményi út, 4032 Debrecen, Hungary

3. The Association operates as a national association having its own legal entity.

 

2. §

The objects of the Association: The conduct of the registration of the Mangalicapig breed.

A further object of the association is the breeding, preservation, propagation and presentation of the mangalica pig breed as well as the improvement and utilisation of its beneficial features in accordance with the regulations for maintaining gene reserves. The association also endeavours to assist its members in the sale of Mangalica pigs reared by them.

The breed is considered to be of a national value whose maintenance serves future benefits and interests.

The Mangalica pig breed as an indigenous one was declared by Parliament of the Republic of Hungary a national treasure in its resolution 32/2004 (9th April)
II. SCOPE OF ACTIVITIES OF THE ASSOCIATION

In the interest if the objects laid down in § 2 of Chapter1:

  1. The association sees to it that the breed is maintained and carries out the breeding programme prepared by the breed host.

  2. The members continuously collect and record the breeding data.

  3. The association takes upon itself the responsibility to maintain authentic recording of the data in the registers. From time to time it publishes reports.

  4. It organises the production and utilisation of high quality replacement breeding stock.

  5. The association conducts propaganda campaigns in the interests of preserving and increasing the size of the breed, it issues publications, organises shows, etc.

  6. In the interests of the safe maintenance of the breed the association protects and represents the interests of the breeders in either ethical or financial respect. It does its best in order to sell either breeding or slaughter animals of the breed at prices that represent the true value of the breed.

  7. The association co-operates with the other associations that breed indigenous breeds of other animals and pig varieties.

  8. The association considers it its responsibility to maintain domestic and international relationships.

  9. The association promotes and facilitates the flow of relevant professional and other both domestic and international information and technical advice.

  10. In accordance with its authorisation by law the issuance of the certificates specified in the provision of law.

 

Scope of activities of the association in conformity with TÁOR ’03:

  • 01.23 ’03    Pig-breeding
  • 01.42 ’03    Service providing in animal husbandry
  • 73.10 ’03    Technical research and development
  • 74.14 ’03    Technical advice on business operations
  • 74.30 ’03    Technological  tests, analyses
  • 74.87 ’03    Providing services that assist other economic activities not listed under other headings.
III. MEMBERSHIP OF THE ASSOCIATION
1. Any legal or natural Hungarian or foreign individual who in a special written declaration accepts and recognises as obligatory for him/herself  the constitution of the Association, complies with the regulations and rules laid down therein and acts in the spirit of the above, and pays the membership fee.

Members:

a) Founding members:  Legal and natural individual, legal entity as well as organisations that re not legal entities but who/which are registered in the records of the association as founding members.

b) Ordinary members: Any legal and natural individual, legal entity as well as organisations that re not legal entities who/which possesses at least twenty heads of registered mangalica pigs and the general assembly has granted membership to.

The regulations concerning the rights and obligations as well as the cessation of membership of the members – due to lack of a different regulation of these fundamental rules – apply to both founding members and ordinary members.

 

2. Establishing membership:

As regards the membership of an individual applying for membership, it is the general assembly that is authorised to decide on the basis of the two-thirds decision of the presidium of the Association. The assembly may deny membership provided the applicant and his activity, operations do not comply with the conditions the spirit and the regulations of the relevant jurisdiction laid down in the Articles of Association, especially in point 1 of this chapter, his/her personality or activities cannot be reconciled with the objects and activities of the Association.

Ordinary membership may be established by submitting an enrolment form, filled in and signed and by paying the first membership fee, provided the Assembly has made a decision in favour of approving the membership.

Legal entities and organisations without a legal entity may exercise their rights through their representatives.

 

3. Members’ Rights:

a) They are entitled to visit programmes of the association free of charge.

b) They have the right to make remarks, proposals and recommendations as well as the right to vote in the General Assembly in accordance with the regulations laid down in point f.

c) They have to get substantial and reasonable replies to their questions concerning the business of the association from the authorised officials and organisations of the Association.

d) They may be elected to any of the posts and entrusted with any task provided they meet the criteria laid down in the regulations and may take part in the election of the officials.

e) They have to receive a copy of the annual report of the association.

f) Each and every member is entitled one vote in the general assembly

 

4. Members’ obligations:

  • participation in the work of the association in accordance with the regulations made by the Association,

  • observance of the constitution,

  • fulfilling and carrying out the decisions of the governing bodies of the Association,

  • payment of the membership fee fixed by the Assembly to deadline,
  • supplying information in accordance with the regulations made by the bodies, officials of the association, the breeding manager or the executives conducting the registration and also as defined by law,
  • Continuous keeping at least 20 (twenty) heads of registered Mangalica pigs, which are owned by the member, not including the foundation members.

 

5. Termination of membership:

 

5.1. Membership is terminated if the member:

  • is excluded,

  • resigns, (this intention has to be announced to the presidium by a six month notice),

  • death in the case of a natural person,

  • in the case of a non-natural person, by reason of winding-up without a successor.

 

5.2. Exclusion of a member:

a) Under the motion of the presidium or any member, membership may be terminated by the general assembly, by a two thirds vote of the members present, if the member.

  • breaches the articles of association, other regulations of the Association or the stipulations of the relevant legislation seriously or on several occasions, or does not comply with their orders,

  • damages or jeopardises the objectives, activities, important interests and good reputation of the Association.

b) A member may also be excluded by a decision of the presidium by a two thirds vote in the case of serious breaches of duty listed below. A member may be excluded by the presidium as well if he:

  • does not possess at least 20 heads of registered Mangalica pigs over one year, despite written warnings from the bodies, officials, the head of breeding or the officials conducting the registration.

  • does not furnish data to the bodies, officials, the head of breeding or the officials conducting the registration and comply with the stipulations of the relevant legislation.

  • does not pay the membership fee established by the general assembly within 60 days of notice of receipt of a letter of reminder from the bodies of the Association.

 

6. The Association is wound up if:

a) the General Meeting announces the winding up of the association,

b) the General Meeting announces the merger of the association with some other organisation,

c) some higher authority dissolves the association or acknowledges its winding up,

d) if membership falls below ten members.

IV. AGENCIES AND REPRESENTATION OF THE ASSOCOATION
1. The General Assembly:

The highest Agency of the association is the General meeting of all the members of the association, which shall be held at least once a year.

The General Assembly is called by the presidium at least once a year.

The General Assembly has to be called:
  • if two thirds of the members wish to call it with the reasons and objectives clearly identified

  • on the recommendation of the presidium

  • when a court ruling is obtained.

Upon written motion to call the general assembly and containing the points of agenda, signed by at least two thirds of the members, sent to the presidium, it shall call the assembly within 60 days of receipt of the motion.

The general assembly may also be called by the Board of directors in the cases listed in the legislation.

The points of agenda of the general assembly, except the general assembly called upon motion of the members and ordered by court, are determined by the presidium, for which any member can make proposals.

The presidium shall notify the members, the secretary and the board of directors with the communication of the agenda in a written notice at least 15 days prior to the day of the general assembly.

The general assembly has its quorum if the majority of the members are present.

 

The general assembly is repeated for lack of quorum:

If the general assembly does not have a quorum and the general assembly which is repeated for this reason shall have a quorum as regards the original points of the agenda irrespective of the number of members present, which has to be indicated in the invitation to the original general assembly meeting.

In the invitation to the original general assembly the date of the general assembly repeated due to the lack of a quorum also has to be indicated.

The date of the repeated general assembly has to be set to a time within eight days of the original general assembly.

 

The exclusive tasks and scope of authority of the general assembly:

  • To accept and amend the Articles of Association.

  • To accept the breeding programme and make proposals for its possible amendment.

  • To elect and/or summon back the president and the members of the presidium of the Association.

  • To accept the reports of the presidium.

  • To elect the secretary of the association for one period of presidency and to summon the secretary back.

  • To determine and approve the conditions of operation.

  • To prepare the budget and working plan of the association (to decide about membership fees, utilisation of revenue).

  • To elect and summon back the Board of directors, to discuss and approve its report.

  • To announce the winding-up of the association.

 

The association shall bring its decisions with simple majority voting of the members present in the general assembly except in cases when the present articles of association or the legislation requires a different majority as regards some issue.

In order to recall office-holders (president, members of the presidium, members of the board of directors, the secretary) ahead of the termination of their terms a simple majority voting of all the votes that is possible to be cast by the general assembly is needed.

A member may also be represented by an authorised agent. The authorisation has to be made by way of an official document or a private document of a conclusive force.

 

2. The Presidium:

It is the operational, managing body f the association which consists of five members, the president and four further members of the presidium.  The general assembly elects the President and the members of the Presidium for one term of presidency. The duration of one term of presidency is five years.

The tasks and sphere of authority of the presidium:

  • It ensures that the decisions of the General Meeting are well-prepared and carried out.

  • It prepares and presents proposals to the General Assembly (especially as regards issues related to breeding, keeping, feeding, selling, staff, organisation, operation, fees, etc.).

  • Ensures that the Association operates according to law and the Articles of Association.

  • It may establish technical working groups to achieve specific objectives.

  • It shall report the activities and the operation of the association and the presidium to the General Assembly at least once a year.

  • It shall call the general assembly in the cases defined in the articles of association but at least once a year.

  • It establishes the tasks and sphere of authority of the secretary in its decision or a regulation.

  • He is obliged to elect a head of breeding for a definite or indefinite period of time, who performs this task with the association as an employee or under a commission contract.

  • The detailed rules for his operation are set by regulations made by the presidium.

  • It may establish other regulations (fund management regulations) related to the operation, management, administration, management of funds and handling documents of the association.

 

3. The secretary:

The general elects a secretary for the association for one term of presidency, who may be an individual who is or is not a member of the association. The secretary may be re-elected.

The general assembly is empowered to summon the secretary back ahead of the termination of the term of presidency.

The sphere of authority of the secretary is regulated by the resolution of the presidium or by a regulation.

Neither the secretary nor the head of breeding may be the president of the association or a member of the board of directors.

 

4. The Board of directors:

  • It has three members, who are elected for a fixed term of five years by the General Assembly.

  • From the members of the board of directors it elects the president of the board of directors.

  • It supervises the implementation of the decisions of the General Meeting and the management of the association.

  • Members of the Board may not hold any other posts in the association.

  • It shall report to the general assembly at least once a year on the supervision of the operation of the association and its bodies as well as its own operation and activities.

  • It shall call the general assembly as is laid down in the relevant legislation.

  • Detailed rules of its operation are set in the procedure for the Board of directors.

 

5. Representation of the association:

The association shall be represented before authorities, in court and with third parties by the president in his/her own person, who is authorised to sign documents on behalf of the association.

The president of the association has the disposal of the bank account of the association jointly with another member of the association.

The officials, employees and individuals in some different legal relationship with the association shall represent the association on the basis of individual authorisation issued by the president of the association. The authorisation shall be dine in the form aa fully conclusive private deed and it shall clearly indicate the matter and duration of the representation.

6. Delivering documents to the members:

Documents sent to members in writing by registered postal notice of receipt on behalf of the association by bodies or officials of the association if the addressee rejects receipt of the document.

If the delivery failed because the addressee refused the receipt the document (it is returned with the notice “unclaimed) shall be deemed to have been delivered on the fifth workday following the attempt to deliver it for the second time.

In the case of delivering a decision made by a body of the association the association shall inform the addressee about the setting in of the above situation within eight days. The information shall also include an enclosed copy of the decision, on the basis of which the association has determined the setting in of the above situation.

 

7. Exercise of employer’s rights:

The president of the association shall exercise all employers’ rights in respect of the employees of the association.

He/She shall sign a job contract with each employee in writing.
V. THE MANAGEMENT OF THE ASSOCIATION

The presidium shall accept a code on the management of funds, which shall especially include the following:

  • regulations for accountancy and bookkeeping records, regulations for handling certificates and vouchers and the rules of procedure for providing data,

  • regulations for the management of funds, ordering dispensable assets, procurement, stock-taking and scrapping as well as writing items off,

  • regulations for making out payment orders (the right of making out payment orders belongs to the president).

 

The management of the association:

The association is a non-profit organisation and all its revenue and profits shall be used for the maintenance and support of the breed in accordance with the decision of the general Meeting up to limits of the budget.

Sources of income, property:
  • membership fees,
  • donations, gifts,
  • state subsidies,
  • other incomes from the operation of the association.

The association is liable for its debts with its own property and assets. Members are not liable for debts of the association with their private properties and assets. They are only liable up to the amount of their membership fees. On winding-up of the association all its assets shall be equally divided among the ordinary members of the association.

Any issue not dealt with by the Articles of Association shall be subject to the Hungarian Civil Code and the regulations of Acts on associations.

These Articles of Association in a unified framework including the amendments were accepted by the General Assembly held on 18th September 2007.

.

 

 

 

Lakitelek, 18th September 2007

 

Péter Tóth - president
Béláné Vásárhelyi - keeper of the minutes of the general assembly
Péter Rózsa member, Balmazújváros - attestor of the minutes of the general assembly
András Domanyek member, Mezőfalva - attestor of the minutes of the general assembly