Law
LAW
No. 9640, dated 9.11.2006
RE: THE CHAMBERS OF COMMERCE AND INDUSTRY
Based on the Laws 78 and 83 point 1 of the Constitution, upon the proposal of the Council of Ministers,
PEOPLE’S ASSEMBLY OF ALBANIA
DECIDED:
CHAPTER I
GENERAL DISPOSITIONS
Article 1
Legal object
The object of this Law is the definition of organization, operation and regulations of the activity of both: the Chamber of Commerce and Industry and the Union of Chambers of Commerce and Industry.
Article 2
Definitions
In this law, the following terms have the meaning:
1. The “Chamber “means theChamber of Commerce and Industry, organized and operating in accordance with this Law.
2. The “Union of Chambers” means the Union of Chambers of Commerce and Industry, organized and operating in accordamce with this Law. .
3. The “Chambers” means the Chambers of Commerce and Industry and the Union of Chambers of Commerce and Industry, organized and operating in accordance with this Law.
4. The “Minister” is the minister responsible for commerce.
5. The “Supervision Organ” is the Ministry responsible for commerce.
CHAPTER II
CHAMBER OF COMMERCE AND INDUSTRY
Article 3
Juridical status and organization
The Chamber of Commerce and Industry is a non profit juridical entity.
The Chamber is created and operates in the territory of the Republic of Albania, on regional basis, with seat in its centre.
The Chamber can establish representation offices in the regional territorial units, provided this is envisaged by the statute.
Article 4
Object of Activity
The object of activity of the Chamber is:
To epresent and protect legal economic interests of the members,
To promote commercial and industrial activity in the country,
To initiate economic commercial cooperation with other countries.
To exchange information with public administration, to promote and develop business in the area of activity,
To promote and realize services of general interest for the benefit of its members,
Avery activity or other services defined by law.
Article 5
Competences
Chamber of Commerce and Industry has the following competences:
It undertakes any activity that serves to the promotion and protection of the commerce and industry, in accordance with the objective and legislation in force.
Informs the respective state authorities on several issues, with the aim of preventing unfair competition,
Supervises the application of the international fair participation rules by the commerical companies that represent our country in those fairs,
Organizes and/or participates in national and international fairs and exhibitions.
Establishes consultative committees for the solution of disagreements among its members,
Promotes and assists chamber members for the solution of commercial and civic disagreements, through mediation and arbitrage,
Keeps membership register,
Provides opinions, proposals and assessments on legal initiatives or public policies undertaken by national and local government or other public entities, the content of which affects the interests of its members,
Article 6
Membership
Chambers membership is obligatory to state enterprises as well as juridical entities registered in the register of commerce and is voluntary for the physical persons who are involved in commercial or industrial activity.
Members of the Chamber pay the annual membership fee. The amount and collection procedures are defined by the Assembly, upon the approval of the supervision organ.
The tax organs, during their controlling activity, force the taxable subjects to join the Chamber of Commerce and Industry, in accordance with this Law.
Article 7
Chamber’s Register
The Chamber keeps the membership register. The form of this register and the mode of keeping it are defined by the Assembly of the Union of Chambers.
The register data should be in written and electronic and they are kept in accordance with the regulations as stipulated in the Statute, in accordance with the legislation on archives.
Article 8
Statute
The activity of the Chambers, regulations on the election, functioning and organization of its organs, the relations between them and the laws they issue are regulated by the Statute of the Chamber, which should be in accordance with the dispositions of this law and the legislation in force. It includes:
The address of the Chamber’s seat, field of activity, subjects membership, the criteria and membership fees and dues and the tasks of the members.
The mode of organization, functions, content and responsibilities of the steering organs.
The mode of functioning of the steering organs, in which the regulations, election procedures and dissmisal of the Chamber steering organs and Audit Committee are included.
Definition of the necessary quorum for the validity of the decision making meetings of the Chambers organs.
The financial resources, management and controlling manner, representation and relations of the Chamber with third parties.
Regulations on the organization of meetings, announcements, participation, the manner and decision making voting procedure.
Approval of the amendments in the statute.
Regulations on fixing remunerations for the employees of the Chamber.
Relations with supervision organ.
Article 9
Approval of the Statute
The Assemby approves the Statute of the Chamber by the overwhelming number of members and submits it to the Ministry for approval within 30 days.
The Statute enters into force only when approved by the Minister, who should approve it within a period of 30 days of the moment he receives the application, or he should request the Chamber to amend the dispositions which are not in accordance with the legislation in force.
The Statute is considered to be approved if the Minister does not respond to the application within 30 days of the moment he receives the application.
The dispositions of this law are valid also for the amendments of the statute.
Article 10
Organs of the Chamber
The organs of the Chamber are:
Assembly
Presidency
Chairman
Secretary of the Chamber
Audit Committee.
Article 11 Assembly
The Assembly is the top decision- making organ of the Chamber. It is elected every four years by all the members of the Chamber. The number of members of the Assembly is not less than 21 and not more than 101.
The Assembly of the Chamber secures the representation of all the economic activities by the percentage of each group, as against the general number of the members.
The Secretary of the Chamber organizes and leads the election of the representatives of each group in the Assembly of the Chamber. Elections are held seperately for eaxh group.
The members of the Assembly are persons in good standing, enjoy good reputation in the business world of the zone they represent and have not been condemned by court decision for penal offences.
Assembly’s members should be authorized by the commercial entity they represent to execute their voting right in the Chamber’s Assembly. Each commercial entity has the right to be represented in the Chamber’s Assembly by one member only.
Article 12
Assembly’s competences
The Assembly has the following competences:
Reviews and defines the main directions of Chamber’s activity.
Approves the Statute and its amendments and submits them to the Minister for approval.
The members elect by secret special ballot the Presidency, the Chairman and representatives of the Chamber in the Assembly of the Union of Chambers as well as the Audit Committee in line with article 20 of this law, and define the remunerations for the Chairman and Audit Committee of the Chamber. It approves the program and the budget.
Reviews and approves the annual report of the activity in general and the financial activity, too. It approves several laws on the functioning and organization of the Chamber.
Article 13
Organization of the Assembly
The Assembly’s meetings are ordinary and extraordinary
The ordinary Assembly is organized once a year at least by the Chairman, upon the request of the Presidency of the Chamber, which appoints the agenda of the meeting. When the Chairman does not organize the meeting of the Assemby within 15 days of the request day, then the Presidency of the Chamber has the right to call the Assembly by fixing the date, time, location and agenda of the meeting.
The Chairman of the Chamber presides over the meeting of the representing Assembly. .
The extraordinary Assembly is organized upon the request of the Chairman or /Presidency, or when this is requested by 1/3 of its members. The agenda of the extraordinary Assembly is decided by the demander.
When the Chairman does not call the Assembly within 15 days of the day on the request of the entities defined in the paragraph above, then the demander has the right to call the meeting himself, by fixing the date, time, location and agenda of the meeting.
The Statute defines the rules for the manner of calling and organizing the Assembly, both ordinary and extraordinary.
The meeting of the Assembly is valid when more than half of the members participate in it. The decisions are valid when more than half of the members vote for them except for the cases the Assembly is called to approve the Statute and its amendments. .
The decisions of the Assembly are writen down in a special report, which is signed by the Chairman of the Chamber and the Secretary of the meeting.
Article 14
Presidency and its competences
The Presidency is the executive organ of the Chamber. It has the following competences:
1. Approves the work program, related to the tasks and objectives of the Chamber.
2. Approves the organizational structure of the administration staff of the Chamber, functions and payments of the employees of this staff. .
3. Approves the internal guideline of the administration staff of the Chamber.
4. Reviews the fiscal program and budget and submits it to the assembly for approval.
5. Appoints remuneration for the services of the external experts.
6. Appoints regulations for the utilization of funds and their management.
7. Proposes amendments in the statute of the Chamber.
8. Fixes the daily agenda of the Assembly’s meeting of the Chamber.
9. Takes decision on all the issues laid forth for review in the Presidency by the Chairman and/or Secretary of the Chamber.
The Presidency is responsible for;
The execution of the decisions of the Assembly
The progress of the activity of the Chamber
Article 15
Composition of the Presidency
The Presidency of the Chamber consists of the Chairman and a number of members, not less than 5 and not more than 15. The number of members is stipulated in the Statute.
The Presidency is elected for a period of 4 years. The members of the Presidency enjoy the re-election right.
Presidency, as a rule, is assembled by the Chairman or upon the request of 1/3 of the members at least once a month.
The meeting of the Presidency is valid when participation of more than half of the members is secured. The meeting is presided over by the Chairman and in his absence, by one of the members of the Presidency and appointed by it.
Article 16
Presidency and decision-making
The decisions of the Presidency are signed by the Chairman and in his absence, by one of its members, he is appointed by the Chanber to preside over the meeting in accordance with article 15 of this Law.
The decisions of the Presidency are valid when more than half of the members vote for it in this meeting.
Article 17
The Chairman
The Chairman leads the activity of the Chamber and its Presidency. He is responsible for the management and operation of the Chamber.
The Chairman represents the Chamber in the relations with the third party, according to the definitions of the Statute and legislation in force. He is an employee and is paid by the Chamber.
Each Albanian citizen is eligible for the Chairman of the Chamber if he has full capacity to act, has high education and fullfills other criteria as defined in the Statute of the Chamber.
Article 18
Secretary of the Chamber
Secretary of the Chamber is appointed and dismissed upon the order of the Minister.
The Secretary of the Chamber should be Albanian citizen, with high education and never condemned by the court decision for penal offences.
Secretary of the Chamber is a full time officer and is paid by the Chambers budget.
The role, function and responsibilities of the Secretary of the Chamber are defined in this law, sub-legal laws and Statute of the Chamber.
Article 19
Competences of the Secretary of Chamber
The Secretary of Chamber has the following competences:
Notifies periodically the supervision organ on the activity of the Chamber
Follows up the execution of the legal dispositions of this law and other laws in force
Follows up the execution of the decisions of the Presidency and Assembly of the Chamber.
Follows up the registration procedures of the membership, in accordance with article 7 of this law
Exercises any other competences envisaged by law.
In the cases when he observes violation of the legislations in terms of the decisions taken by the organs of the Chamber, he notifies the supervision organ: the supervision organ asks these organs to review the decisions taken by them within 30 days of the moment of this information .
Article 20
Audit Committee
The Audit Committee is elected for a period of 4 years, and consists of 3 members, of whom one is a licensed accounting expert and is assigned by the Minister of the Economy, the two others are elected by the Assembly of the Chamber, one of them is a jurist, the other is economist.
The Audit Committee has the task to audit constantly the economic financial activity of the Chamber and report in the annual meeting of the Assembly on the management of the financial means and sources of the Chamber.
Right after the approval in the Assembly, the report of the Audit Committee is submitted for notification to the supervision organ.
Upon the request of the Chairman, Assembly and Secretary of the Chamber, the Committee can exercise thematic control.
Article 21
Budget – Chamber’s funding
The Chamber prepares its own annual budget.
Incomes of the Chamber are realized through:
Annual fees and dues paid by the members of the Chamber.
Services provided from the Chamber’s activity
Donors’ contributions: local and foreign
Other sources not inconsistent with this Law or other Laws in force
CHAPTER III
UNION OF CHAMBERS OF COMMERCE AND INDUSTRY
Article 22
Mission
The Union of Chambers of Commerce and Industry coordinates the work of the chambers on national level.
The mission of the Union of Chambers is to:
Represent and promote the general interests of the Chambers for the development of the commerce and industry on national scale.
Promote the relations between Chambers as well as their relations with sister organizations of other countries.
Collect, elaborate and distribute national scale commercial data, through the creation of its database on commerce and industry.
Receive continuous evidence from the court house on the situation and changes in the commerce register;
Organize, manage and finance exhibitions and fairs, training courses on national scale, as well as any other activity for the benefit of the Chambers of commerce and industry, in accordance with both: the dispositions of this Law and legislation in force;
Provide opinions, proposals and make assessments on legal initiatives or public policies of the Government, the content of which is related to the interests of its members.
The Union of the Chambers can exercise other functions, delegated by the state organs, other laws or international agreements, in which the Republic of Albania is part of.
Article 23
Location and Statute
The seat of the Union of Chambers is in Tirana. The Union of Chambers is a juridical entity that exercises non-profit activity.
Article 24
Membership
The membership in the Union of Chambers is obligatory to all Chambers, the Chambers are forced to pay membership dues to the Union of Chambers, the amount of which is defined upon the decision of the General Assembly, in relation to the number of member subjects for each chamber and approved by the supervision organ.
Article 25
Statute
The activity of the Union of Chambers, regulations on election, functioning and organization of its organs, the relations between them as well as the laws deriving from them, are regulated by the Statute of the Union of Chambers. The Statute is in accordance with the dispositions of this law and it contains:
1. Address of the seat of the Union of Chambers, field of activity, membership, criteria and membership due, the rights and tasks of the new members.
2. Organizations, functions, content and responsibilites of the steering organs.
3. Mode of functioning of the steering organs, in which the regulations, election and dismissal procedures of the steering organs and Audit Committee are included.
4. Definition of the necessary quorum on the validity of the meetings and decision making of the Union of Chamber organs.
5. Financial sources, mode of management and their control, representation and relations of the Chamber with third parties.
6. Regulations on the organization of meetings, notification, participation and voting procedures on decision making.
7. Mode of approval of amendments in the Statute.
8. Regulation on the definition of compensation of the employees of the Chamber.
9. Relations with the supervision organs.
The Assembly, by the majority of its members, approves the Statute of the Union of Chambers and submits it to the Minister for approval within 30 days.
The Statute enters into force only when approved by the Minister, who within 30 days of the application day has to approve or ask the Chamber to amend the dispositons inconsistent with the legislation in force. .
The Statute is considered as approved if the Minister does not give any answer 30 days of the application.
The dispositions of this Law are valid for the amendments in the Statute.
Article 26
Organs of the Union of Chambers
The organs of the Union of Chambers are:
Representative Assembly
Presidency of the Union of the Chambers
Chairman
General Secretary
Audit Committee.
Article 27
Composition of the General Assembly
The General Assembly of the Union of Chambers is elected every 4 years. It has 121 members. The number of members for each Chamber in the General Assembly is in proportion with the number of members for each Chamber.
The members of the Assembly are persons who have full capacity to law, enjoy reputation in the business environment of the zone they represent, and have not been condemned for penal offence by the court.
The members of the Assembly are delegated by the Chamber of which they are representatives, to execute their voting right in the Assembly.
Article 28
Competences of the General Assembly
The Assembly has the following competences:
Reviews and determines the main directions of the activity of the Union of Chambers.
Approves the Statute and its amendmends and submits them to the Minister for approval.
Elects among the members, through secret and special voting, by simple majority, the Presidency, the Chairman and the Audit Committee, in accordance with article 20 of this Law, the criteria of which is useful to the Union of Chambers, too.
Approves the program and the budget,
Reviews the annual report on the activities in general as well as the financial activity of the Chamber,
Defines the amount of the annual fees and dues of the Chambers in proportion with the number of the members as well as the mode of collection, and submits it for approval to the supervision organ.
Approves several laws on the operation and organization of the Union of Chambers,
Article 29
General Assembly
General Assembly is called at least once in two years. It is the right of the Chairman of the Union of Chambers and Presidency to call the Assembly or when this is requested by 1/3 of its members.
The Chairman of the Union of Chambers directs the meetings of the General Assembly.
When the Chairman does not call the Assembly within 15 days from the day of the request made by the entities as defined in the paragraph above, then the petitioner has the right to call the Assembly himself, by fixing the date, time, place and agenda of the meeting. The Statute defines the rules of the notification and organization of the Assembly.
The Assembly is valid when more than half of the members participate in it. The decisions of the Assembly, except for the cases when the Presidency, Chairman, and Audit Committee members are elected, are considered valid when more than 3/5 of the members present vote for it. The decisions of the Assembly are writen down in a special report and signed by the Chairman and the Secretary of the meeting..
Article 30
Competences of the Presidency
The Presidency is the executive organ of the Union of Chambers and executes these competences:
Approves work program in relation with the objectives and competences of the Union of Chambers.
Approves the organizational structure and technical-administrative staff of the Union of Chambers as well as the functions and remunerations of the employees,
Approves the internal operational regulations of the Union of Chambers,
Proposes the amendments in the Statute of the Union of Chambers,
Reviews the annual financial program and the budget before submitting it to the Assembly for approval,
Determines the remuneration amounts for the services of the external experts,
Determines the rules for the utilizaiton of funds and their management,
Takes decisions on issues put forth for review in the Presidency by the Chairman or General Secretary of the Union of Chambers.
The Presidency is responsible for:
Execution of the decisions of the Assembly
Progress of the activity of the Union of Chambers
Article 31
Calling Presidency
The Presidency of the Union of Chambers is elected by the Assembly for a period of 4 years. It consists of the Chairman and a number of members, not less than 7 and not more than 21.
The Presidency, as a rule, is called not less than once a month by the Chairman. The Presidency is called also upon the request of the General Secretary and when this is asked by 1/3 of the members.
The meeting of the Presidency is valid when more than half of the members participate in it. The decisions are valid when more than 3/5 of the members in good standing vote for it. .
The Presidency issues any other law for the realization of its activity foreseen by law or statute, as long as it does not violate the competences of the Assembly or the Chairman.
Article 32
Chairman
The Chairman is a full time officer. He directs the activity of the Union of Chambers, the Presidency and enjoys the right of one vote.
The Chairman represents the Union of Chambers in relations with third parties, in accordance with this Law and the Statute of the Union of Chambers.
The criteria foreseen in the article 17 of this Law are valid for the Chairman of the Union of Chambers.
The function of the Chairman of the Union of Chambers is irreconcilable with the function of the Chairman of the Chambers.
Article 33
General Secretary
General Secretary of the Union of Chambers is appointed and dismissed upon the order of the Minister. He enjoys the same competences foreseen by the article 19 of this Law within the field of activity of the Union of Chambers.
Article 34
The Budget and funding of the Union of Chambers
The Union of Chambers each year prepares its annual budget. The incomes of the Union of Chambers are realized through:
1. Annual fees and dues of the members of the Union of Chambers.
2. Services provided by the activity of the Union of Chambers.
3. Contributions of local and foreign donors..
4. Other sources which do not contradict this Law or other Laws in force.
CHAPTER IV
SUPERVISION ORGAN
Article 35
Supervision organ
The supervision organ of the activity of the Chambers is the Minister responsible for commerce.
The supervision organ monitors the observance of the dispositions of this law by the Chambers and Union of Chambers, and controls the legality of the statutes of teh Chambers and amendments to the decisions of the Chambers Assemblies and Union of Chambers.
The Supervision organ has the right to bring for review the acts issued by the Chambers or Union of Chambers, when it sees that they contradict the law or when it sees that even after the review the acts are against the law it addresses to the competent court to invalidate them.
The supervision organ determines by a special guideline the regulations for the participation of the commercial entities representing our country in international fairs.
CHAPTER V
FINAL AND TRANSITORY DISPOSITIONS
Article 36
Prohibitions
The Chamber of Commerce and Industry and the Union of Chambers concerning this law are prohibited to undertake protection of interests in the field of social policy.
The Chambers or Union of Chambers Dhomat can not participate in negotiations and signature of collective work agreements. .
Article 37
Mandate invalidation
The mandate of the persons elected in the steering organs of the Chambers or Union of Chambers is invalidated in the case when they violate the dispositions of this law or other laws in force, as well as the Statute, or when these persons are condemned by Court decisions. The invalidation of the mandate is declared by the electing organ.
The replacing procedures are defined in the Statute.
Article 38
Use of denominations
The use of denominations “Chamber of Commerce”, “Chamber of Commerce and Industry” and “Union of Chambers of Commerce and Industry” is reserved only for the entities created in accordance with this law.
The membership of these Chambers into the Union of Chambers is obligatory. The above denominations are allowed to be used by the associations of voluntary union of businesses, whose aim is to provide services to their members and promote commerce between Republic of Albania and another country, which:
- are officially recognized by the respective sister institutions of the other country;
- have more than 100 members;
- its members have a significant import-export turnover with the respective country
The membership of all Chambers into the Union of Chambers is obligatory.
Article 39
Transitory dispositions
The rights, liabilities, movable property and real estates, owned or under the administration of the Chambers of Commerce and Industry, established in each district and functioning in accordance with the law No. 7804, dated 10.3.1994 “On the Chambers of Commerce and Industry”, are transferred to the Chamber covering the territory in which it conducts organized activity in accordance with this law.
The rights, liabilities, movable properties and real estates, owned or under the administration of the Union of Chambers of Commerce and Industry, organized in accordance with the law no.7804, dated 10.3.1994 “On the Chambers of Commerce and Industry” are transferred to the Union of of Chambers of Commerce and Industry, organized in accordance with this law.
Article 40
Sub-legal acts
The Minister responsible for commerce, within 30 days of the entrance into force of this law, issues necessary orders and guidelines for the establishment and election of the organs of the Chamber and Union of Chambers, in accordance with this law, and assigns the secretaries of the Chambers and the General Secretary for their execution.
Article 41
Invalidations
Law no..7804, dated 10.3.1994 “On the Chambers of Commerce and Industry”, as well as any other disposition inconsistent with this law are invalidated.
Article 42
Entrance into force
This law enters into force 15 days after the publication in the Official Paper.
Promulgated upon the decree No.5130, dated 1.12.2006 of the President of the Republic of Albania, Alfred Moisiu
