BYLAWS OF NEPALIS AND FRIENDS CULTURAL ASSOCIATION
Bylaw 1 – Definitions:
In these bylaws, unless the context otherwise requires:
• “Association” means the Nepalis and Friends Cultural Association
• “Member” means a member of the Association
• “Code” means the Internal Revenue Code of 1986, as amended
Bylaw 2 – Name and Affiliation:
This organization shall be known as:
Nepalis and Friends Cultural Association and as:
“NAFCA” in abbreviated form.
Bylaw 3 – Mission:
The mission of the Association is:
to preserve and promote Nepali cultural heritage and foster mutual cooperation among Nepalis and friends of Nepal.
Bylaw 4 – Objectives:
4.1 The objectives of the Association are as follows:
1. to promote and preserve the interests and welfare of the Nepali community,
2. to preserve, promote and celebrate Nepali cultural events,
3. to familiarize the incoming members with the new environment and culture,
4. to provide means for collection, dissemination and exchange of creative ideas and information concerning Nepal and the Nepali community, and
5. to engage in such other related activities to the extent that they do not prejudice the tax-exempt status of the Association under section 501 (c) (3) of the Code.
4.2 The Association is formed and shall operate exclusively for educational, charitable and scientific purposes within the meaning of Section 501(c)(3) of the Code
Bylaw 5 – Membership:
5.1 Any person who takes an active interest in promoting the mission and objectives of NAFCA may enroll as a Member of the Association.
5.2 Annual Membership fees shall be:
a. individual and Student: $10.00
b. Individuals or Families, $20.00 (a family shall be defined as the primary member, his/her spouse and their children under the age of 18).
c. Individual Lifetime Membership, $199 or more
d . Family lifetime membership $ 299.00
e. Patron – anyone contributing $1,000 or more to the Association shall be designated as a Patron of the Association and shall automatically become an Individual Lifetime Member.
f .Honorary Member –
1. the Association may also grant an Honorary Membership to person(s) making substantial contribution towards promoting the mission of the Association.
2. The executive committee shall make all decisions in regards to honorary membership .
3. Honorary members shall enjoy all right as a member except the right to vote .
5.3 The bi- annual membership fees are due by 30 days before the published election date .
5.4 Each Member age 18 and over shall be entitled to a single vote.
5.5 Benefits and right of general members :
They will have the right to vote and run for election of NAFCA executive members and Board of Directors . They may get discounted fees for various NAFCA activities and will receive advance notice of all such activities. They will also have the right to bring the notice of relevant issues and activities to the executive committee and Board of Directors or the General Assembly.
Bylaw 6 – General Body:
The general body of the Association shall consist of all the Association members in good standing.
Bylaw 7 – The Executive Committee:
7.1 The executive committee shall consist of the President, Vice – President , General Secretary, Treasurer , And seven Members as elected by the simple majority of the Vote cast by the voting Members of the Association . A voter list shall be published at least two weeks before the Election .
Note : The first election for the Executive Committee will be held on the Day of New year celebration 2069 B. S . and then every two years from then on wards .
7.2 The first duty of the Executive Committee shall be to get all financial statements and documents from the out going committee .
7.3 The Executive Committee shall meet at least once every quarter.
7.4 Each Executive Committee Member shall be entitled to a single vote. A simple majority vote shall be taken to determine the decisions of the Executive Committee.
7.5 The Executive Committee shall authorize such temporary subcommittees or boards with at least three Members as deemed necessary and expedient to carry out the objectives of the Association. Upon completion of the task given by the Executive Committee such subcommittees or boards shall be automatically dissolved.
7.6 The President shall:
a. supervise all activities of the Association,
b. when present, preside over all regular or special meetings of the Association, and when not present to delegate someone from the Executive committee as Chairman,
c. serve as the official spokesperson of the Association,
d. along with the Treasurer, establish and maintain savings, checking and other accounts with the consent of the committee, and
e. assume all other duties not otherwise delegated.
7.7 The vice president: shall as a president when the president is not present .
7.8 The secretary shall shall:
a. act as a custodian of all records and files of the Association,
b. be responsible for responding to the Association correspondence and for informing other committee members,
c. notify the members in advance of the upcoming events held by the association,
d. arrange for the location of committee meetings and periodic get-togethers,
e. keep the minutes of the meetings including voting records.
f. perform any other duties as assigned by the committee.
7.9 The Treasurer shall:
a. act as a custodian of all funds, and fiscal files of the Association,
b. receive all funds paid to the Association and keep appropriate accounts,
c. pay all valid bills of the Association,
d. maintain appropriate, accurate and current financial records and report them annually to the general body,
e. along with the Chairman, establish and maintain savings, checking and other accounts with the consent of the committee, and
f. perform any other duties assigned by the committee.
Bylaw 8 – Executive Committee Member:
8.1 One ‘Term” as an Executive Committee Member, shall be for 2 years.
8.2 There is no limitation on the total number of years a Member can serve on the Executive Committee. However, an Executive Committee Member shall only serve 2 consecutive terms at one time.
8.3 Every 2 year there will be a vote for the entire executive committee members.
8.4 In the event of any office falling vacant, the Executive Committee shall within the one month period, nominate any suitable member to hold the vacated office for the office for the remainder of the term.
Bylaw 9 – Funds and Accounts:
9.1 Income –
By – law 9 Funds and Accounts :
The income of the Association shall consist of all incoming funds in relation of the business of the Association.
The expenditure of the Association shall consist of all expenditures, which are ordinary and necessary for the business of the Association.
9.3 Fiscal Year
The fiscal year of the Association shall end on the last day of December each year.
Bylaw 10 – Statement of Non-Discrimination:
• This Association shall not discriminate on the basis of age, gender national origin, race, ethnicity, religion, caste, sexual orientation and disability. This policy shall include, but is not limited to: recruiting, membership, organization activities or opportunities to hold office.
• Any caste discrimination shall not be tolerated by NAFCA.
11.1 The Bylaws or any part thereof may be amended by a single majority of the votes cast by the voting members of the Association on the recommendation of the Executive Committee.
12.1 – Duties of the Board of Directors
a. The Board of Directors shall be both a support and a check and balance for the Executive Committee
b. To provide continuity for NAFCA
c. To monitor NAFCA’s programs and services with regards to
i. Ensuring that the Mission and Objectives of NAFCA are adhered to
ii. Ensuring that the Bylaws of NAFCA are adhered to
d. Each individual Board of member should fully understand and support NAFCA ‘s Mission and objectives.
e. To support and offer guidance to the Executive Committee when needed
f. To review and evaluate the Executive Committee’s performance, including relations with the board, leadership NAFCA, in program planning and implementation, and in management of NAFCA and its personnel. If any irregularities are found in the performance of the executive committee member(s),the two -thirds majority of BOD shall have the right to call General Assembly to deal with the issue(s) at hand .
g. Enhance NAFCA’s Public Image
i. The BOD is one of NAFCA’s links to the community, including members, the public, and the media. Clearly articulating NAFCA’s Mission, accomplishments, and goals to the public, as well as garnering support from important members of the community, are important elements of a comprehensive public relations strategy.
12.2 – Executive committee Members and Board of Directors Qualifications:
a. The Board of Directors (BOD) shall consist of an odd number of Directors, not to exceed a total of 9 Board of Directors
b. The Executive Committee shall appoint someone to the Board of Directors by a simple majority vote
c. To serve on the BOD, a Director must have been a NAFCA member for a minimum of 2 years prior to their appointment on the Board and must maintain NAFCA membership while serving on the Board
d. Board of Directors must have attained 21 years of age
e. Board of Directors shall serve for 3 years and may automatically serve a total of two consecutive terms, after which time their reappointment must be approved by a simple majority vote of the Executive Committee
f. A person cannot hold the position of a Director and Executive Committee member at the same time
g. A Board of Directors may be removed by a vote of “No Confidence” from either the Executive Committee or the general members of NAFCA
i. A simple majority vote of “No Confidence” by the Executive Committee
shall remove a Director from the Board
ii. A two thirds vote of “No Confidence” by the general members shall remove a Director from the Board
Bylaw 13 – Resignation and Disciplinary Action:
a. Any Executive Committee member or any Board Director may resign with 1 month advance notice to the Executive Committee. The President and Secretary, on behalf of the Executive Committee, may request the member to withdraw his/her resignation. Such resignation shall be made in writing, and shall take effect at the time specified at the time of its receipt
13.2 – Disciplinary Action:
a. If any general NAFCA member or Executive Member or Board Director acts or their actions are against the interest of NAFCA, or the authorized members/Directors misuse the funds, he/she will be subject to disciplinary action. In case, the Executive Committee finds any member acting against the interest of NAFCA, it will send him/her a letter of warning requesting to stop acting against NAFCA. Even after receiving a warning letter, if the alleged member does not stop his/her actions against NAFCA, the Executive Committee, by its simple majority vote, will dismiss his/her membership, subject to the approval of the next meeting of the General Assembly
b. If any Board Director is found guilty of acting against the interest of NAFCA or misusing NAFCA’s funds, the Executive Committee, by its simple majority vote, will dismiss the alleged Director, subject to the approval of the next meeting of the General Assembly
c. If any Executive Committee member is found guilty of acting against the interest of NAFCA or misusing NAFCA’s funds, the Board of Directors, by its two-thirds majority vote, will dismiss the alleged Director, subject to the approval of the next meeting of the General Assembly
d. The alleged person will be required to pay back NAFCA’s misused funds unless:
i. the simple majority of the Executive Committee, in the case of a member, or a Board Director, exempts him/her from repaying
ii. or a two-thirds majority of the Board of Directors in the case of an Executive Committee member, exempts him/her from repaying