Association of Italian Fiumani in the World – Free Municipality of Fiume in Exile APS. Acronym AFIM-LCFE APS

Preamble

Following the Peace Treaty signed in Paris on February 10, 1947, which removed the provinces of Fiume, Pola, and Zara from Italy, the majority of the citizens of Fiume left the city for a choice of freedom and an act of love towards the Motherland. Along with 300,000 other Istrian and Dalmatian exiles, they testified to their Italian identity and that of their land.

Representatives from all the communities of the Fiumani exiles, however organized and dispersed after the exodus throughout Italy and the world, expressing the will freely expressed by their citizens, organized themselves into Fiume Leagues in 1948. In 1960, the Society of Fiumani Studies was founded, and in 1963, the Fiume Historical Museum Archive was established. In 1966, the Free Municipality of Fiume in Exile Association was founded. After the violent dissolution of former Yugoslavia and Croatia’s entry into the European Union (July 1, 2013), significant geopolitical changes occurred. The Fiumani exiles and their descendants officially began dialoguing with the Croatian city authorities, the surviving Italian minority institutions, and the government of Zagreb from 1990 onwards.

Such a political shift, unimaginable until 1989 (the year of the fall of the Berlin Wall), also prompted the Fiumani exile associations, among others, to adapt to the changing times with the following modified statute.

Article 1 – Name

1.1 It is established pursuant to Articles 17 and 18 of the Italian Constitution, Articles 36 and following of the Civil Code, in compliance with Legislative Decree 117/2017, and applicable regulatory provisions, the social promotion association, a third-sector entity, called “ASSOCIAZIONE FIUMANI ITALIANI NEL MONDO – LIBERO COMUNE DI FIUME IN ESILIO APS,” in harmony with the positive law practiced for centuries by the ancient Municipality of Fiume and its population, which identifies with Italian national and cultural identity. The official patrons of the Association are Saints Vito, Modesto, and Crescenzia, and its emblem is a double-headed eagle facing east, holding an urn from which water flows, with the inscription INDEFICIENTER.

1.2 The Association is legally constituted as a non-recognized social promotion association, it is apolitical and non-denominational.

1.3 The acronym APS or the phrase “social promotion association” may be included in the name automatically and used in relations with third parties, in documents, correspondence, and public communications only after registration in the National Single Register of the Third Sector.

1.4 The social promotion association is governed by this statute and operates in compliance with Legislative Decree 3 July 2017 no. 117 and its amendments, the relevant implementing regulations, regional law, and general principles of the legal system.

1.5 The statute is evaluated according to contract rules and the criteria of Article 12 of the pre-legislative provisions to the Civil Code.

Article 2 – Headquarters

2.1 The Association’s legal headquarters is located at Riviera Ruzzante 4, 35123 in the municipality of Padova.

2.2 The transfer of the legal headquarters, decided by the Board of Directors, does not require a modification to the statute but requires communication to the relevant authorities.

Article 3 – Objectives

3.1 The Association is of indefinite duration and is non-profit, thus it is not allowed to distribute, directly or indirectly, proceeds, profits, or management surpluses, as well as funds, reserves, or capital during its existence, according to Article 8, paragraph 2 of Legislative Decree 117/2017.

3.2 The Association’s internal regulations are inspired by principles of democracy and equality of rights for all members.

3.3 In line with the above fundamental principles, the Association exclusively or primarily carries out one or more activities of general interest aimed at achieving civic, solidarity, and social utility objectives. Specifically, it aims to:

• Maintain and strengthen the contacts, relationships, and connections between all Fiumani citizens who went into exile and their descendants, as well as with the citizens and Italian municipal institutions of present-day Fiume, perpetuating the ideal, ethical, and spiritual atmosphere of the City to reinforce the bonds of affection, civic concord, unity of purpose, and fraternal solidarity among them;
• Foster remembrance and nourish love for the customs, traditions, and historical practices of the city preserved over time, promoting the conservation of every testimony and relic to inspire children and their descendants with pride in their roots and a strong sense of identity, stemming from an ancient and established civilization and culture;
• Welcome those who, through spiritual and cultural affinity, have shown solidarity with the Exiles and feel, in some way, participants in their ideals of freedom and love of the Motherland, which are the foundation of their painful choice of life.

The Association also embraces the contents of the Fiumano Cultural Manifesto signed with the Society of Fiumani Studies and the City of Fiume in 1998.

The Association advocates the history of Fiume and the Istrian and Dalmatian lands in schools and institutions as required by Law 92/2004, known as “The Day of Remembrance.” The Association aims to operate in the social, cultural, and civil rights sectors, collecting, preserving, and spreading all forms, manifestations, and testimonies of the culture and history of the Fiumani people. It also supports the Fiumani exiles and their descendants in any instance aimed at recognizing their rights.

The Association maintains a special collaborative relationship with the Society of Fiumani Studies in Rome for cultural activities.

The activities it aims to carry out for its members, their families, or third parties, primarily utilizing the voluntary work of its members, include:

• Organizing and managing cultural, artistic, or recreational activities of social interest, including activities, even editorial, promoting and disseminating culture, volunteerism, and activities of general interest as per Article 5, paragraph 1 of Legislative Decree 117/2017 (letter i);
• Promoting and protecting human, civil, social, and political rights, as well as the rights of consumers and users of activities of general interest, promoting equal opportunities, and mutual aid initiatives, including time banks and solidarity purchasing groups as mentioned in Article 27 of Law No. 53 of March 8, 2000, and Article 1, paragraph 266, of Law No. 244 of December 24, 2007 (letter w);

The Association carries out its objectives through specific activities, such as:

• Assisting and supporting Fiumani and their descendants, particularly providing necessary and morally obligatory aid, especially to the elderly or those in difficulty;
• Protecting the civil rights of Fiumani exiles and their descendants, supporting the fundamental rights of people of Italian and Istrian-Venetian descent who still reside in their homeland;
• Promoting and enhancing the Italian and Istrian-Venetian languages, as well as cultural assets directly related to the history of Fiume and the Fiumani and Quarnero people;
• Promoting cultural forms directly linked to the historical events of Fiume and the Quarnero;
• Defending the rights and properties of Fiumani exiles;
• Spreading the history of Fiume and the Fiumani exodus;
• Educating and promoting the history, language, and culture of Fiume and the Quarnero to both Italian and non-Italian populations.

The Association may also carry out fundraising activities, in compliance with the principles of truth, transparency, and fairness towards supporters and the public, as per Article 7 of Legislative Decree 117/2017.

All activities not in line with the institutional purpose are strictly prohibited.

ARTICLE 4 – MEMBERS

4.1 The members of the association are individuals who share its objectives and purposes. In particular, those who are linked to Fiume by birth or residence through language, culture, traditions, and sentiments, as well as their children, relatives, and descendants, regardless of their place of residence, are members.

4.2 Other associations of social promotion and non-profit third-sector entities may join the association, provided that their number does not exceed fifty percent of the number of social promotion associations.

4.3 The number of members is unlimited, but in any case, it cannot fall below the minimum number required by law. If the number of members drops below the minimum, the association must promptly notify the Office of the National Register and make up the number within one year.

4.4 Admission to the association is decided by the Board of Directors upon request by the interested party, according to non-discriminatory criteria that are consistent with the pursued objectives and activities of general interest. Admission is considered granted upon payment of the membership fee unless exclusion is decided by the Board of Directors. The decision is communicated to the applicant and recorded in the members’ register.

4.5 In case of rejection of the application, the Board of Directors must notify the applicant within 60 days, providing reasons for the rejection.

4.6 The applicant may, within 60 days of receiving the rejection, request that the Board of Arbitrators decide on the matter.

4.7 Membership is indefinite, with the right to withdraw or be excluded for non-payment of the membership fee for three consecutive years.

4.8 The membership fee is non-refundable.

4.9 Members have equal rights and duties. They have the right to:

• Elect the association’s governing bodies and be elected to them;
• Be informed about the activities of the association and monitor its progress; review the agenda for the meetings;
• Examine the association’s records as per the rules set out in Article 18;
• Vote at the Assembly if they are up to date with the membership fee payment;
• Report matters that they believe are censurable according to Article 29 of the Third Sector Code;
• Receive reimbursement for expenses incurred during activities as per a resolution by the Presidency Office;

And the duty to:

• Respect this statute;
• Pay the membership fee.

4.10 The volunteer member carries out their activities for the community and the common good in a personal, spontaneous, and unpaid manner, without profit, even indirectly, and exclusively for solidarity purposes.

The volunteer membership is incompatible with any form of employment contract (either subordinate or independent) or any paid work relationship with the association.

The activities of the volunteer member cannot be paid in any way, not even by the beneficiary. Volunteer members may only be reimbursed for actual expenses incurred and documented during their activities, within the maximum limits and under the conditions previously set by the association. Flat-rate reimbursements are prohibited.

ARTICLE 5 – LOSS OF MEMBERSHIP

5.1 Membership is lost due to death, resignation, exclusion, or non-payment of the membership fee for three consecutive years.

5.2 A member may resign from the association by sending a written notice to the Board of Directors.

5.3 A member who seriously breaches the duties established by the statute may be excluded from the association upon proposal by the Board of Directors. The exclusion is decided by the Board of Arbitrators after hearing the member’s justifications, with the possibility of appeal to the assembly within 30 days. The decision of exclusion must be properly communicated to the member.

5.4 A member may appeal to the judiciary within six months from the notification of the decision.

ARTICLE 6 – GOVERNING BODIES

The governing bodies of the association are:

• The Assembly of Members
• The Board of Directors
• The President
• The Presidency Office
• The Secretary
• The Supervisory Body
• The Board of Arbitrators

ARTICLE 7 – THE ASSEMBLY

7.1 The assembly is composed of members who are registered in the appropriate book and are up to date with their membership fee payment. It is the supreme governing body.

7.2 Each member, as well as each adhering entity, has the right to one vote and may be represented by another member through a written proxy. Each member can represent up to three other members. Adhering entities exercise their voting rights through their legal representative or a person delegated by them.

7.3 The assembly is presided over by the association’s President or, in their absence, by the Vice President or another person appointed by those present at the assembly.

7.4 The assembly is called at least once a year by the President of the association or their substitute by means of a written notice sent at least 15 days before the meeting. The notice includes the date, time, place, agenda, and any second-call date. This communication may be made via letter, email, instant messaging, or publication on the website.

7.5 The assembly may also be called upon request by at least one-tenth of the members or when required by the majority of the Board of Directors.

7.6 Votes are open, except for those related to individuals.

7.7 A record of the assembly meetings is drawn up, signed by the President and the minute-taker, and kept at the association’s office.

7.8 The assembly may be ordinary or extraordinary. It is extraordinary when called for the modification of the statute or the dissolution of the association. It is ordinary in all other cases.

ARTICLE 8 – ASSEMBLY’S DUTIES

The Assembly:

• Determines the general guidelines for the association’s activities;
• Approves the financial statements and the social balance, when the conditions specified in Article 14 of Legislative Decree 117/2017 are met;
• Appoints and revokes the members of the social bodies;
• Deliberates on the responsibility of the members of the social bodies and promotes action against them;
• Decides on amendments to the statute;
• Approves the possible regulations for the assembly’s proceedings;
• Decides on the dissolution, transformation, merger, or demerger of the association;
• Decides on other matters attributed by law, the founding act, or the statute to its competence.

ARTICLE 9 – ORDINARY ASSEMBLY

9.1 The ordinary assembly is properly constituted in the first convocation with the presence of at least half plus one of the members, either in person or by proxy, and in the second convocation, irrespective of the number of members present, either in person or by proxy.

9.2 The assembly makes decisions by a majority vote of the members present.

9.3 Voting by correspondence or electronically is allowed, as well as the possibility of holding meetings via videoconference, provided that the identity of the participating member can be verified.

9.4 In decisions regarding the approval of the financial statements and those concerning their responsibility, the administrators do not have voting rights.

ARTICLE 10 – EXTRAORDINARY ASSEMBLY

The extraordinary assembly amends the association’s statute in the first convocation with the presence of at least 50% plus one of the members, and in the second convocation, irrespective of the number of members; decisions are made with the favorable vote of the majority of the members present. The extraordinary assembly decides on the dissolution and liquidation of the association as well as the allocation of its assets with the favorable vote of at least half of the members.

ARTICLE 11 – BOARD OF DIRECTORS

11.1 The Board of Directors governs the association and operates in line with the general directions and wishes of the assembly, to which it directly reports and from which it can be revoked.

11.2 The Board of Directors is composed of a minimum of 11 and a maximum of 21 members, always an odd number, elected by the assembly from among the individual members or indicated by the associated entities from their members.

11.3 It appoints a president from among its members, with a term of four years, and its members may be re-elected.

11.4 The Board of Directors is validly constituted when a majority of its members are present. Decisions are made by a majority vote of the members present.

11.5 The Board of Directors carries out all acts not exclusively reserved to the assembly. In particular, among other duties:

• Manages the association;
• Implements the assembly’s decisions;
• Prepares the financial statements and submits them for approval by the assembly;
• Oversees the maintenance of the social books under its responsibility;
• Is responsible for compliance with the registration in the National Registry of the Third Sector (RUNTS);
• Regulates the admission of members;
• Signs all acts and contracts related to the association’s activities.

11.6 The power of representation granted to the directors is general; therefore, restrictions on such powers are not enforceable against third parties unless they are registered in the National Register of the Third Sector or it is proven that the third parties were aware of them.

ARTICLE 12 – THE PRESIDENT

12.1 The association is chaired by a President who is its legal representative and has the right to sign. The President is elected by the Board of Directors from among its members in a secret ballot during its first meeting. The election is valid if it involves at least two-thirds of the directors and an absolute majority of the votes. If, after two votes, no candidate has obtained the required majority, a subsequent runoff between the two directors with the highest number of votes will take place. The meeting during which the President is elected is chaired by the oldest director.

12.2 The President serves for the same duration as the Board of Directors and ceases to hold office upon expiration of the term, voluntary resignation, or revocation by the assembly. At least one month before the expiration of the term, the President convenes the assembly to elect a new Board of Directors.

12.3 The President convenes and presides over the Assembly, the Board of Directors, and the President’s Office, manages ordinary administration in line with the directives of these bodies, and reports to the Board of Directors on the activities carried out.

12.4 The Vice President replaces the President in all of their duties whenever the President is unable to perform their functions.

ARTICLE 13 – THE PRESIDENT’S OFFICE

13.1 The President’s Office is composed of the President, who presides over it, a Vice President, and usually 3 to 5 members, plus two substitutes chosen by the President from the Board of Directors. The assembly ratifies these appointments during its first meeting following the election. Meetings are valid if the majority of members are present.

13.2 The members appointed will be active in the following areas:

• Registry;
• Administration and management of the office;
• Press, Culture, and Traditions;
• Events, Gatherings, and Recreational and Cultural Activities;
• General Affairs and Relations with the Federation of Exiles;
• Relations with other Associations and Public Institutions;
• Youth Group Activities.

13.3 The President’s Office regulates and carries out the association’s activities according to the directives of the Board of Directors and the norms and goals of this statute; it can make extraordinary and urgent decisions that must be subsequently ratified by the Board of Directors; it presents any proposals for amendments to the Statute and Regulations to the Board of Directors.

13.4 The President’s Office is convened by the President, usually alongside the Board of Directors, and at least once every four months or whenever requested by the majority of its members.

13.5 Duties:

• Implement the annual programs formulated by the Assembly and the Board of Directors;
• Prepare documents, proposals, and reports to be submitted to the Board of Directors;
• Appoint and revoke the Secretary, overseeing and coordinating their activities;
• Determine membership fees and payment deadlines;
• Carry out all acts of ordinary and extraordinary administration and disposition of assets deemed necessary, appropriate, or useful for the association’s goals within the statutory limits.

ARTICLE 14 – SECRETARY

14.1 The Secretary is proposed, appointed, and replaced by the President’s Office.

14.2 The Secretary is responsible for convening and attending meetings of the Assembly, the Board of Directors, and the President’s Office, and recording the minutes, maintaining them in proper registers.

14.3 The Secretary ensures the practical implementation of resolutions, manages correspondence, relations with members, daily accounting updates, and activities related to the association’s office.

14.4 The Secretary may be delegated to handle Treasury duties.

ARTICLE 15 – CONTROL BODY

15.1 The control body, consisting of 3 full members elected by the Assembly, is appointed as per Article 30 of Legislative Decree 117/2017. It elects its President. The position is incompatible with being a member of the Board of Directors. The term lasts four years and expires with the approval of the financial statements or accounts for the fourth year, or earlier upon termination of the Board’s mandate.

15.2 The control body:

• Oversees compliance with the law, the statute, and the principles of correct administration;
• Monitors the adequacy of the organizational, administrative, and accounting structure and its actual functioning;
• Conducts monitoring to ensure that civic, solidarity, and social utility purposes are upheld;
• Certifies that the social balance is prepared in accordance with the guidelines in Article 14. The social balance reflects the outcomes of the monitoring carried out.

15.3 If the limits outlined in Article 31 of Legislative Decree 117/2017 are exceeded, the control body may carry out statutory auditing of accounts. In this case, it consists of statutory auditors registered in the relevant register.

15.4 A member of the control body can, at any time, perform inspections and checks and request information from the administrators regarding the progress of social activities or specific matters.

ARTICLE 16 – COLLEGE OF ARBITRATORS

16.1 The College of three Effective Arbitrators is proposed by the President’s Office, which submits the names for ratification by the Assembly. The College elects its President.

16.2 The College hears, with final and non-appealable judgment, disputes presented by interested parties and the President related to conflicts between association bodies or within them, involving the interpretation of the Statute and current Regulations.

16.3 It examines disciplinary actions concerning members with positions in association bodies and considers any proposals for expulsion of members involved in dishonorable crimes or actions that bring disrepute to the association, and makes decisions accordingly.

ARTICLE 17 – PROCLAMATION OF ELECTED MEMBERS

17.1 The proclamation of those elected to the social and directive positions of AFIM-LCFE will take place solemnly during a public assembly of the members, held at the National Gathering of the Association, immediately after the elections.

17.2 Elected members who fail to attend three consecutive meetings of the body they belong to, without just cause, lose their position. The Board of Directors will ratify the dismissal and proceed with replacements.

17.3 Immediately following their proclamation, the elected members, upon the invitation of the senior director, sign the following declaration: “In front of the Civic Gonfalone of Fiume, adorned with the highest civil valor award, representing the historic rights of the Italians of Fiume, I commit to act actively, in full respect of the Statute.”

ARTICLE 18 – SOCIAL BOOKS

18.1 The association must keep the following social books:

• The membership book, maintained by the Secretary;
• The book of meetings and decisions of the assemblies, which must also include minutes taken as public acts, maintained by the Secretary;
• The book of meetings and decisions of the Board of Directors, President’s Office, Control Body, and the College of Arbitrators, maintained by the relevant body.

18.2 All members who are up-to-date with their membership fees have the right to examine the social books held at the association’s legal headquarters within thirty days of requesting it from the association’s president.

18.3 The books are made available only to the requester, at the association’s legal headquarters, in the presence of a representative from the President’s Office. The requester may make copies at their own expense of the minutes from the Assembly book.

ARTICLE 19 – ECONOMIC RESOURCES

The association may derive its financial resources from:

• Fees and contributions from members;
• Inheritances, donations, and legacies;
• Contributions from the State, Regions, local authorities, public bodies, or institutions, even for specific programs aligned with its statutory goals;
• Contributions from the European Union and international bodies;
• Fundraising activities;
• Donations from members and third parties;
• Any other sources allowed under Legislative Decree 117/2017.

ARTICLE 20 – USE OF ASSETS

The association is prohibited from distributing, directly or indirectly, profits or management surpluses, as well as funds, reserves, or capital during its existence, in compliance with Article 8, paragraph 2 of Legislative Decree 117/2017. It is required to use its assets, including any revenues, rents, or proceeds, exclusively for carrying out its activities in line with its goals.

ARTICLE 21 – FINANCIAL STATEMENTS

21.1 The association’s financial statement is annual and starts on January 1st of each year. It is prepared in compliance with Articles 13 and 87 of Legislative Decree 117/2017 and relevant regulations and must accurately reflect the association’s economic and financial performance.

21.2 If the association’s annual income, proceeds, revenues, or funds are under €220,000, the Board of Directors may prepare a cash statement instead of the financial statement.

21.3 The financial statement or cash report must be filed with the Registry outlined in Article 45 of Legislative Decree 117/2017 by June 30th of each year.

ARTICLE 22 – AGREEMENTS

22.1 Agreements between the association and public administrations are deliberated by the Board of Directors, which also determines the implementation modalities. These agreements are signed by the President as the legal representative of the association.

22.2 A copy of each agreement is kept by the President at the association’s headquarters.

ARTICLE 23 – PAID PERSONNEL

23.1 The association may employ paid personnel within the limits outlined in Article 36 of Legislative Decree 117/2017.

23.2 The relationship between the association and paid personnel is governed by the law.

ARTICLE 24 – ASSET ALLOCATION

In the event of the dissolution or termination of AFIM-LCFE, all documentation, assets, and activities will be donated to the Society of Fiuman Studies in Rome, which is also a Third Sector entity. In case of dissolution of the latter, they will be allocated to an entity or association of Italians qualifying as a Third Sector entity committed to preserving the name and memory of the city of Fiume or, if not possible, to the Foundation for Social Italy.

ARTICLE 25 – FINAL PROVISIONS

For matters not covered by this statute, reference is made to the applicable laws and the general principles of the legal system.

The President Franco Papetti

The Secretary Adriano Scabardi

To be approved, based on the previous statute, at the assembly on June 13, 2022