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Title II

STATUTE
CONSORTIUM GARR ASSOCIATION
(GESTIONE AMPLIAMENTO RETE RICERCA)

TITLE II

(MEMBERS)

Art. 10 – Types of members

  1. The members are classified as:
    1. founding members s: CNR, ENEA, INFN, CRUI Foundation as representative of all the member state universities affiliated to GARR;
    2. ordinary members: Public Bodies or other stakeholders of interest to GARR, who join the Association in the manner described in the following Art 11 sharing its purpose and objectives
    3. affiliated members - "State Universities" category: all State Universities, represented collectively by the founding member CRUI Foundation.
    4. affiliated members “IRCCS e IZS” category: public or private institions recognised or confirmed as Istituti di Ricovero e Cura a Carattere Scientifico (IRCCS, reference research and healthcare institutions) or established as Istituti Zooprofilattici Sperimentali (IZS, experimental animal health & welfare institutes), receiving public funding from the Ministry of Health for their research activity. Their affiliation is arranged by resolution of the GARR Board of Directors upon request by the single IRCCS or IZS Institute, after having acquired a conformity notice from the Ministry of Health; it is the responsibility of the Director to inform the Assembly of members. All the affiliated members belonging to the "IRCCS and IZS" category have the right to a single vote in the Assembly, to be expressed through a representative, appointed by the Ministry of Health.
    5. affiliated members - "general" category: entities or institutions, mainly public or, in any case, recipients of public funding, carrying out research, education, training and cultural activities, interested in the purposes of GARR, which, by submitting specific written request addressed to the Board of Directors, intend to join the Association without, however, acquiring the status of ordinary. Their affiliation is arranged by resolution of the GARR Board of Directors and it is the responsibility of the Director to inform the Assembly of members.

    All the affiliated members belonging to the "general" category have the right to a single vote in the Assembly, to be expressed through a representative, democratically chosen, appointed by a meeting of the member belonging to the "general" category immediately after the approval of the final balance sheet and who he remains in office until the approval of the subsequent final balance sheet. It is the responsibility of the Director of GARR to keep up-to-date the list of the members belonging to the category "general" and to call such meeting.
    Affiliated members do not have the right to vote as an individual.

Art. 11 – New ordinary members

  1. Organisations wishing to join as an ordinary member of GARR must send a written request addressed to the Chairman.
  2. The application for admission is approved by the members Assembly with the unanimity of the founding members upon the resolution of the Board of Directors, who determines the amount of the participation in the capital base for the new member.
  3. The decision to admit the new ordinary member become effective only after the new Member has paid the fee and fulfilled any further agreed obligations.

Art. 12 – Exclusion of a member

  1. The measure of exclusion is resolved by the Assembly, as proposed by the Board of Directors, of a founding or ordinary member, and by the Board of Directors towards the member, who:
    1. has been guilty of grave breaches of statutory obligations, internal regulations and, more generally, of the resolutions adopted by the governing bodies;
    2. acts that are seriously prejudicial for/damaging GARR
    3. is responsible of serious and prolonged breaches in relation to the payment of contributions pursuant to art. 14.
    4. for affiliated members belonging in the “IRCCS e IZS” category, in the case the subjective legal qualification as Istituto di Ricovero e Cura a Carattere Scientifico (IRCCS) or di Istituto Zooprofilattico Sperimentale (IZS) is revoked.
  2. The member is not entitled to vote in the deliberation concerning its own exclusion.
  3. The measure of exclusion shall be communicated in writing to the entity concerned and effective from the day following the communication.
  4. The excluded member is not entitled to a refund of the membership fee, contributions, transfers or any results obtained by GARR, except where authorised by of the Board of Directors.
  5. The excluded member must still fulfil the obligations agreed during its membership in the Association.

Art. 13 - Withdrawal of a member

  1. Members may withdraw from GARR for justified reasons by communicating such decision at least 3 months before the end of the financial year.
  2. The member who withdraws must still fulfil its obligations as a member of the association.
  3. The withdrawing member is not entitled to a refund of the membership fee and contributions, nor to pay or return any other contribution in money, goods or services performed in the course of the membership, and cannot take advantage of some of the results obtained by GARR except where authorised by the Board of Directors.

Art. 14 – Members' obligations

  1. Participation in GARR entails compliance with the provisions of the Articles of Association, of this Statute, of the internal regulations and resolutions adopted by the corporate bodies and, for the new ordinary members , the payment of the shareholding in the equity fund approved pursuant to art. 11, paragraph 2.
  2. All the members are also required to pay the annual membership fee within the relevant year, as determined by the Board of Directors and indicated in the Budget approved by the Assembly, based on the characteristics and type of the entity. The annual membership fee is paid by the members belonging to the "State Universities" category also on behalf of the CRUI Foundation, using the specific funding allocated by MUR (Ministry of University and Research) in the universities ordinary funding decree for the support and management of the GARR network.
    The annual membership fee for the associated members belonging in the "IRCCS e IZS" category is paid by the Ministry of Health è versato dal Ministero della Salute, from its ordinary research funds.
    The founding and ordinary members are also obliged to pay pro rata supplementary contributions, deliberated annually by the Assembly, in the face of the necessity of providing social expenses not compensated with the proceeds of the association.
  3. Each member, in complying with its own procedures and based on its own specific agreements, is committed to providing GARR with the technical knowledge, professional skills and infrastructure resources and personnel required for the best achievement of the social objectives.

Art. 15 – Members' Rights

  1. The members exercise their rights as recognized by the present Statute, the Internal Regulations and the deliberations made by the Social Bodies.
  2. The Board of Directors regulates the rights of members to use the results of scientific research carried out by GARR, taking into account the actual participation in the research of the individual members and without prejudice to any rights of the State or third parties.

Art. 16 – Liability to third parties

  1. GARR acts exclusively in its own name; GARR cannot represent the individual members in their dealings with third parties or assume obligations on their behalf; and vice versa, no members can represent GARR in its dealings with third parties or assume obligations on its behalf.
  2. For obligations taken on behalf of GARR by those who represent it in accordance with the Statute, third parties may claim their rights exclusively on the capital base.
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