Statute of UCCIAL

The Union of Chambers of Commerce and Industry of Albania

The Union of Chambers of Commerce and Industry of Albania, will be labeled the “the Union of Chambers” and is a juridical person that exercises its activity based on the Law No. 9640, dated 09.11.2006, ”On Chambers of Commerce and Industry” and the Albanian legislation in power. The “Union of Chambers status defines the principals on which the Chamber bases its activity and competences, its functions and composition of its organs.

 

CHAPTER I

GENERAL PROVISIONS

 

ARTICLE 1

Object of the Statute

This Statute defines the basic principals that regulate the function of the Chamber, its juridical personality, the objectives and competences of which are regulated by Law No. 9640 “On Chambers of Commerce and Industry”.

 

Article 2

 

Juridical Statute, Headquarter Office and Seal

 

The Chamber of Commerce and Industry of Tirana is a legal entity that carries out non-profitable activity. The Headquarter office of the Union is located at:  Bulevardi “Zhan D’Ark”, Qendra e Panaireve, Tiranë.

The Union of Chambers Headquarter Office could change by its leading structures decision. The Union carries out its activity within the Albanian territory and its competences are exerted in those districts, where the Chambers of Commerce and Industry exercises their activities.

 

 

 

 

 

The Official Emblem of the Union depicts two shaken hands in the shape of two arrows, half of the picture is of grey color and the other part is white. The Emblem reflects the unification of interests of the chambers of commerce in support of the Albanian businesses. The official seal of the Union is in the shape of a circle where in the middle of it is the official emblem of the Union of Chambers with the inscriptions “The Union of Chambers of  Commerce and Industry of Albania”   

Article 3

The Union of Chambers scope of activity   

 

The Union of Chambers coordinates the work of the Chambers of Commerce and Industry in national level.

 

 

The Union of Chambers aims to:

 

1. Represent and promote the general interests of the chambers for the development of trade and industry in all levels.
2. Incites the industrial and commercial activity among others chambers within the country, as well as the economic and commercial collaboration with other countries. 
3. Collect process and deliver commercial data in national scale, by creating its own database for commerce and industry sectors.
4. Receive data from courts constantly on the changes of the trade registry.
5. Organizes, administrate and finance fairs and expos, training courses in national level and every other activity on the interests of the business.
6. Provides opinions, proposals and evaluations regarding legal initiatives or public policies undertaken by the Government, the content of which affects the interests its members.
7. Exercise functions delegated to it by central and local government, as well as functions provided for in international agreements, where Albania is an active participant...
8. Promote and supply services of overall interest to the benefit of its chamber members.
9. To be informed based on the law, on the activities of the member chambers.
10. Resolves possible disputes among chambers.      

 

 

 

Article 4

 

Membership

 

Being a member of the Union of Chambers is obligatory for all district chambers and other chambers as well that exercise their activity in Albania. Chambers has to pay to the Union the annual membership fee.

 

Article 5

 

Types of Collaboration and Integration

 

To be able to accomplish its objectives, the Union collaborates with the government administration, central and local, with international institutions, as well as business associations and organizations, domestic and foreign.

 

The Union could participate and sign agreements of collaboration protocols, could be a participant in different national and international projects and programs, aiming at the European and/or even further development and integration of the Albanian entrepreneurship.

 

The Union of Chambers of Commerce and Industry participates in all the initiatives that aim the development and promotion of Albanian business.

 

 

The Union can also create partnership relationships with other foreign chambers, in the framework of joint programs.

 

 

CHAPTER II

LEADING ORGANS

 

Article 6

 

The General Assembly

 

The General Assembly of the Union is the highest decision-making organ. It is elected for a 4-year period and is composed by 121 members. The number of members from each Chamber, to the General Assembly of the Union depends on the number of membership of each Chamber

 

The Assembly members are persons that have full capacity to act, enjoy reputation in the region business community that they represent, and have clean criminal records.

The Assembly members must be authorized by the Chambers they represent to exercise the voting right in the Union’s Assembly.

 

The Assembly’s member looses the mandate right when he/she is:

 

Violating the provisions of this law and the other laws in power, and the Chamber’s statute/or Union statute;

 

Does not participate, with no good enough reason, in two consecutive usual meetings of the Assembly;

Cannot exercise his/her mandate (health, personal reasons, etc);

Is convicted by the court with a final decision for committing a penal act.

Does not exercise any longer the current functions

 

In case a member the Assembly quits, the Chamber has to replace the person immediately with a new member

and give him the new mandate to represent the respective Chamber

The mandate of the new member continues up to the end of the Assembly’s 4-year mandate.

The next Assembly elections must take place 45 days before the mandate of the current Assembly ends.

The Assembly, in its last meeting, approves the rules and procedures for the election of the new Assembly, proposed by the Board.

 

 

Article 7

 

The Assembly’s Competences

 

 

The Assembly, in particular, has these competences:

1. Reviews and defines the main directions of the Union’s activity.

2. Approves the statute with its amendments and forwards them for approval by the responsible trade minister.

3. Elects from the members, through special secret polls, the Board, Chairman and the members of the auditing commission.

4. Approves the program and the annual budget of the Union of Chambers within the first quarter of each year.

5. Inspects and approves the annual report of the activities in general and the financial activity of the Union.

6. Defines the annual membership fee contribution size of the Chambers, the way it’s collected and sends it for approval to the supervising organ.

7. Approves different acts for proper functioning and organization of the Union of Chambers.

8. Approves the membership registration form for the members of the Union as well as Chambers from the districts.  

 

 

Article 8

Assembly’s Functioning

 

The Assembly is gathered at least once a year.  

Chamber. The assembly is gathered with the Chairman’s Boards request, or that of 1/3 of its members.

If the Chairman, within 15 days from the reception of the request of the above defined entities, fails to gather the assembly, then the requesting party has the right to summon the assembly itself, by announcing the date, time, place and the meeting agenda.

The meeting of the assembly is valid when more than half of its members are participating. The decisions are valid when more than half of the participant members vote in favor.

The statute and its changes are approved by the majority of the assembly members’ votes (minimally 52 votes)

In the Assembly’s meetings, delegation of the voting participation is not allowed.

The Assembly’s decisions are recorded in the minutes book, which is signed by the Union’s Chairman and the Meeting Secretary, which is a Union’s administrative employee and is appointed by the Chairman.

 

 

 

Article 10

 

Presidency’s Functions

 

The Presidency, as a rule, is gathered no less that once a month by the President of the Chamber or by request of 1/3 of the members. The notification and the delivery of the information materials is done at least 7 days before the meeting scheduled date.

 

The Presidency’s meeting is valid when more than half its members are participating.

The Presidency meeting is chaired by the president. The Presidency chooses out of its members, a representative that will chair its meetings in case the President is absent.

Presidency’s decisions are valid when voted in favor by more that half the members attending the meeting. In no case, vote delegation is accepted.

Presidency’s decisions are signed by the President or, in his absence, by the member designated to chair the meeting.

The Presidency issues any other acts, that support the execution of its function and activity, provided for in the law or statute, when the issuing of the act is not part of the Assembly’s or President’s competences.

The member of the Presidency, who misses four out of the total meetings during the calendar year, looses the right to be a member of the Presidency during its mandate.  The substitute member is elected by the Assembly.

The Secretary and the members of the Auditing Commission (the latter participating only when issues related to Chamber’s finances are being discussed) could take part in the Presidency’s meetings, with no voting right. Officials of the Chamber’s Administration, whose presence is deemed necessary with regard to issues being discussed, could be also invited to participate in the meeting.  

 

 

Article 11

 

Union’s Chairman 

 

 

He is a full-time official employee and is paid by the Union. He is the legal representative of the Union in relationships with third parties, and also the main responsible person for the activity, administration and functioning of the Union

The Union’s Chairman is elected through secret voting of the Assembly, for a four year period. The Chairman is selected out of the Assembly’s members, within 10 days from the election of the Assembly. Any Albanian citizen could be elected as the Union’s Chairman, provided he/she is fully capable to act, has completed higher education, and has shown clear business, academic or administration skills.

.

 

Article 12

Functions and Competences of the Chairman

 

The Chairman has these functions:

 

-Represents the Chamber of Commerce and Industry of Albania in all the activities undertaken from the latter, and also in the official meetings of high rank, governmental delegations, inside and outside the country

-Summons and chairs the meetings of Assembly and Board.

-Presents every year in front of the Assembly the annual report of the Union’s activity and also the draft-program for the following year;

-Organizes, chairs and directly supervises the administration activity of the Union, and also assigns the duties for every department or other administrative unit of this administration in harmony with the Union’s Regulation.

-Organizes the work for the implementation of Assembly’s and Board’s decisions;

-Assigns and delegates the Union’s representatives to organisms, boards of commissions etc.

 

 

 

Article 13

 

The Union’s Secretary and his/her Competences

 

The Secretary of the Union is appointed and dismissed by order of the commerce responsible minister.

 

The Union’s Secretary must be an Albanian citizen, holding a university degree and clean criminal records.

 

The Chamber’s Secretary is a full time official employee and is paid from the Union’s budget.

 

The Union’s Secretary has these competences:

 

1. Periodically informs the oversight organ about the Union’s activity.

2. Tracks down the abidance of the Union by the provisions of this law and other laws in power.

3. Tracks down the execution of the Union’s Board and assembly decisions.

4. Tracks down the Union member registration procedures for trade entities.

5. Exerts every competence, provided for by the law.

In case of decision legacy override on part of the Union’s organs, notifies the oversight organ, which within 30 days of notification, demands from these organs to review the decisions taken.

 

 

 

 

Article 14

 

The Auditing Commission

 

The Auditing Commission is elected for a 4-year period and is made up of 3 members, out of which, one is an authorized accounting expert and is appointed by Minister of Economy. The other two, one a lawyer and the other an economist, are elected by the Union’s Assembly. In its very first meeting the Commission elects its own President. In case one of the elected members of the commission cannot exercise his function, the Chairman of the Union initiates the procedures for the election of the new substitute member from the Assembly.

Invited by the Union’s Chairman the members of the Auditing Commission attend the meetings of the Board.

 

To carry out its activity, the Commission cooperates with the administration of the Union.

For this purpose, every act, as well as administrative and financial document of the Union are made available to the Commission.

The Auditing Commission has the responsibility to continuously control the economic and financial activity of the Union and report in the annual meeting of the Assembly about the administration of the financial means and resources.

Upon request of the Chairman, Assembly and the Union’s Secretary, the Commission may perform a specific item oriented control.

The members of the Auditing Commission are responsible for the controlling acts and the tasks they perform during their mandate.

 

 

CHAPTER III

UNION’S MEMBERSHIP

 

Article 15

The Union’s Membership

 

The Union’s membership is obligatory for all district chambers and “other chambers” who carry out trading and industrial activity within the Albanian territory

The Chambers have to inform the Union for its activities every four months.

If various associations would like to be called Chamber” they should become members of the Union after meeting these criteria

 

 *should have 100 thousand members

 *The members together should have a large import – export turnover

*Should have official ties with the respective organizations outside Albania

*After meeting the above mention demands, they should submit a written request to the Union to became a member

*should pay the membership fee up to 560,000 leks to the Union

The member Chambers have the same rights, duties, demands and advantages from the Union. 

 

 

 

 

 

Article 16

Membership Register

The Union maintains a membership register. The data entered in the register should be maintained both in the electronic version and as a hard copy. The unified type of register and procedures on its maintenance are defined by the Union Board.

 

Article 17

 

Union Annual Membership Fee

 

The members of the Union have to pay the annual membership fee, 10 percent of yearly incomes.

The annual membership fee is obligatory and is being paid quarterly.

 

 

 

 

CHAPTER III

 

THE ORGANIZATION OF THE UNION of CHAMBERS

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Article 18

Union’s Administrative Structure

 

The organizational structure and the services offered by the Union are regulated by this statute, as well as by the Union’s administrative internal regulation, which is approved by the Board upon proposal of the Chairman.

 

The organization of the structure and services is done in harmony with the objectives of the Chamber’s activity. The chamber’s executive activity is managed and supervised by the Chairman.

 

 

 

Article 19

 

Services Accomplished by the Administration

 

To follow up with the objectives and functions of the

Union of Chamber, the administration carries out these activities and services:

 

Issues opinions, proposals and evaluates the legal or public policies initiatives, undertaken by the central, local administration, and other public entities, that interact with its members interests.

 

Establishes, maintains and develops contact with homologue chambers, with economical institutions, associations, organizations and companies abroad with the purpose of enhancing trade and economic collaboration with them.

 

Informs its members about the opportunities and demand coming up in the domestic and international market, over the market development trend, the competition, the organization of different auctions and tenders etc.

 

The Union organizes and administers the business missions, fairs and exhibitions, professional training courses, as well as any other activity that serves to promote commerce and industry, in harmony with the law in power.

Maintains the members’ register of the Union of Chamber of Commerce and Industry with the respective data for every member.

 

Generates template contracts, general models and terms of contracts for different type of economical activities.

 

Informs the traders over the Republic of Albania and international legislation, as well as over the trade agreements that our country has signed with the other countries.

 

Urges and helps the Union’s members to resolve the commercial and civil disputes, through negotiation and arbitrage;

Releases the non-preferential origin certificate of items as well as other testimonials that are required in economic exchange relationships, in harmony with the law in power.

Carries out the functions of the authorized agent in the framework of industrial property protection.

 

As well as carries out any activity or other services provided for in the law or by-laws.

 

 

 

 Article 20

 

Organizational Structure and Executive Leaders

 

The organizational structure of the administration of the

Union of Chambers is made of:

 

(Department)

Chairman

General Secretary

Head of Department

Chief of Sector

Specialists

Advisers and associate Experts

 

The department is an organizational unit of the Union’s structure with administrative and executive competences. The department organizes, administers and led the work towards assigned objective, in harmony with the role and function defined in the Union’s internal regulation. The Department is head by its director.

Heads of the Departments are responsible for the organization and leading of work performance in the organizational unit assigned to be led by them. The practical description of departments is defined by the Union’s structure and regulation.

Nomination of the Union’s administration employees is done by the Chairman, in harmony with the organizational structure and the salary level approved by the Board. The administrative employment relations of the Union are regulated by the Labor Code of the Republic of Albania.

 

 

 

 
Article 21

Guest Expert Consultancy

 

The Union could ask for the guest expert consultancy on specific issues that need professional treatment. Contracts and collaboration agreements could be signed for this purpose with these experts. The Union’s Chairman may have guest experts with economic or juridical profile in his staff.  

The remuneration for guest expert and consultancy is determined by the Board (upon the proposal of the with Chairman).

 

CHAPTER V

FINANCIAL ADMINISTRATION

Article 22

General Principles

The financial administration of the Union is based on Law “On Financial Statements and Accounting”, on a number of other legal acts and sub-act and also on the national accounting standards. The financial year starts on the 1st of January and ends on the 31st December.

The financial activity of the Union is based on the programming of expenditures and revenues that will be reflected in the Union’s draft budget.

 

 

 

Article 23

The Union’s Financial Resources

 

The Union’s revenues are realized through:

1. Annual membership fee contributions of the Union of Chamber’s members;

2. Services offered through Union’s activities;

3. Donor sponsorships, domestic and foreign;

4. Other sources, such as revenues from projects, etc, that do not contradict the Albanian legislation.

The service contributions offered by the Union are approved by the Board.

 

 
CHAPTER VI

FINAL PROVISION

Article 24

Amendment of the Statute

The provisions of this statute could be amended or revoked by ½ of members present to the Assembly. Any amendment in the Statute is announced to the oversight organ, in order for its legitimacy to be acknowledged.

 

 

 

 

 

 

Article 25

Coming into Power of the Statute

This Statute is approved by the Assembly of the Chambers of Commerce and Industry of Albania, dated

….

This Statute comes into power immediately after approval of the Ministry of Economy Trade and Energy.