
PUBLIC RELATIONS
Article
1. It is the primary duty of all real estate professionals
to obtain instruction in their area of specialty: Real Estate.
Serious
real estate professionals are therefore obliged to keep abreast
of all matters in connection with their field of activity, finding
out about any changes that may affect real estate not only in
their city but also in their country overall. With this knowledge
they shall be in a position to contribute to public opinion
in matters of tax, legislation, improved use of land, planning
and other real estate-related matters.
Artícle
2. Each real estate professional is obliged to keep
abreast of conditions in the real estate market, because it
is he or she who guides customers regarding the correct value
of real estate, among other things.
Article
3. A very important role of the real estate agent is
to protect customers against fraud, abuse or immoral practices
in the field of real estate. It is his or her duty, therefore,
to help prevent any acts that could harm the public, as well
as any that could undermine the dignity of the real estate profession.
If
any such acts are perpetrated by any member of Asociación
Mexicana de Profesionales Inmobiliarios, it is the duty of whoever
finds out about them to provide the necessary evidence to the
National Board of Directors of said Association in order to
proceed with the penalization of the person in breach of this
code of ethics, in accordance with the Association statutes.
Article
4. On accepting a property for administration or sale,
the real estate professional must be acquainted with it before
he or she can administer it or put it on the market, in order
to avoid errors for customers, exaggerations of the qualities
of the property on offer or any hidden information. The acts
of the real estate must be guided by truthfulness.
Article
5. The real estate professional must not conduct any
operations that, for any reason, harm the interests of any of
the contracting parties or of any third parties or any real
estate colleague.
Article
6. The real estate professional must not be involved
in the provision of any false information in deeds or any other
public documents, nor falsify any declarations made before any
authority. Integrity in all acts must dominate the image he
or she projects to customers in order to reward the trust placed
in him or her.
Article
7. The real estate professional must take great care,
when using publicity techniques, to ensure the truthfulness
of the information given in the advertisement. The technique
chosen must provide and reflect the facts and not distort them
in any way.
Article
8. In order to protect any parties involved in a transaction,
the real estate professional shall ensure that all the information,
commitments and agreements in connection therewith are put on
record in writing. The exact agreement reached by the parties
involved shall be entered in the relevant documents. The parties
shall provide their signature of conformity and shall each keep
a copy of the agreement, with the real estate professional keeping
another copy for the record and for filing purposes.
CUSTOMER RELATIONS
Article
9. If a real estate professional agrees to do business
with a customer, this means that the former undertakes to promote
and protect the interests of the latter. This is an obligation
of loyalty towards the person who has entrusted a business matter
to the real estate professional. This duty is of paramount importance
and comes with the need to work in a fully just and honorable
manner with all the parties to a transaction.
Article
10. The guarantee of interests placed in the hands
of the real estate professional must provide the customer with
absolutely truthful information on the following:
a)
The qualities and shortcomings of the property proposed or sought.b)
The ease or difficulty involved in proceeding with the proposed
transaction.c) Any circumstances that may be involved in the
business matter entrusted in general. The real estate professional
must never oppose the wish of any of the parties to the transaction
to consult a lawyer, notary or any other professional with regard
to:
I. Any
problems affecting the property.
II. Any restrictions or limitations that could affect the property.
III. Any encumbrances etc, that could restrict the use or enjoyment
of the property.
IV. Whether or not the property is structurally sound.
V. Whether or not the correct materials were used to build the
property.
The
real estate professional shall, in general, assist any experts
in the different areas whom the customer may wish to consult
in a transaction involving any property.
Article 11. Any fees charged by the real estate
professional must reflect the value of his or her work and knowledge
of the subject matter, in accordance with standard practice
in the place where the property is located.
These
fees may be calculated on the basis of a percentage of the consideration,
in the event of a sale or lease, or of the gross or net revenue
in the case of administration, or as a fixed sum in either case.
No
extra charge should be made under any circumstances, as this
would be regarded as an unjust payment to the detriment of the
interests, above all, of the selling customer.
Article 12. If the real estate professional
wishes to acquire, for himself/herself or his or her company,
a property proposed to him or her for sale by a customer, he
or she must inform the customer of this wish and propose a valuation
of the property in question by an expert. The transaction should
proceed on the basis of said valuation if both parties agree
with it.
Article
13. On being granted an exclusive sales option letter,
the real estate professional is promising to the customer that
he or she shall work on this transaction in a preferential manner.
By virtue of the foregoing, the real estate professional must
inform his or her customer of the benefits that both parties
would enjoy if said exclusivity were to be granted.
Article
14. If the real estate professional receives a discount
or reduction when making a payment on behalf of the customer,
said discount or reduction shall be to the benefit of the customer.
Article
15. The real estate professional shall be extremely
careful in keeping Professional Secrecy. He or she may under
no circumstances express any opinions or provide data, however
confidential they may be, regarding the situation of his or
her customers or anything that the customer may have told him
or her on a professional basis.
Article
16. Before issuing an opinion regarding the value of
a property, the real estate professional must conduct a meticulous
study of all the factors involved in the transaction and which
may affect it.
The
real estate professional must never issue an opinion an a property
in which he or she is currently interested or may be interested
in at a later stage, unless this situation is made perfectly
clear and defined to the requesting party. He or she must never
issue an opinion on any properties of which he or she has no
experience, and must, in such cases, consult an appraiser with
experience in the location in question. Any circumstances of
relevance in such cases must be pointed out to the customer.
Article 17. In order to advertise a property,
the real estate professional must seek the authorization of
the owner. The real estate professional must never advertise
any properties that have not been offered to him or her directly
by the owner. If the offer comes from another colleague, he
or she must ask this colleague for written authorization to
use any means of advertising this property.
Article
18. The real estate professional shall ensure that
any offers presented with regard to the properties he or she
is selling are made in writing. He or she must show any such
offers to the owner, regardless of the nature of said offers,
in order to standardize the criteria and allow the owner to
make a decision on the basis put forward.
REAL ESTATE PROFESSIONAL RELATIONS
Article
19. The real estate professional must not seek to gain
advantages over other colleagues and must share with them any
experience or knowledge acquired from studying and working on
different transactions.
Article
20. Should any difficulties arise between two real
estate professionals of the same organization, the matter shall
be brought for arbitration before a tribunal consisting of persons
chosen from among the members of that organization, in accordance
with the statutes thereof, but never before a court of equity.
The real estate professional must abide by the ruling issued
by the aforementioned tribunal.
Article
21. Should the real estate professional stand accused
of unethical practices but believes that he or she is not guilty
of such accusations, he or she must then voluntarily present
the relevant facts of the matter to whichever entity is specified
in the statutes to the National Board of Directors.
Article
22. The real estate professional shall refrain from
making any comments on the business performance of other real
estate professionals of the same association. If his or her
opinion is officially requested, then it should be provided
accurately, politely and with Professional integrity.
Article
23. The real estate professional shall not accept any
exclusive deals that another real estate professional has been
given. He or she must respect the rights of the other real estate
professional until such time as said exclusive deal expires,
even if the owner wishes to give him or her the exclusive deal.
Also, if the real estate professional accepts an option, he
or she undertakes not to transfer the corresponding rights to
any third party without the knowledge and consent of the initial
real estate professional and the owner.
Article
24. The real estate professional must cooperate with
other real estate professionals in registering sales and distributing
commissions in the agreed manner. In the event of an exclusive
sales deal, the real estate professional must deal with his
or her fellow real estate professional who provided the property
for sale, and not with the owner.
Article
25. The real estate professional must not request the
services of a colleague’s employee without the knowledge
and consent of the aforementioned colleague.
Article
26. Only a real estate professional may place an advertisement
for the sale, lease or exchange of a property in the property
itself.
Article
27. In the best interests of the company, its associates
and the business itself, the real estate professional must be
loyal to his or her local real estate organization and his or
her colleagues, as well as be working.
BYLAWS (Statutes) FOR THE MEXICAN ASSOCIATION
OF PROFESSIONAL REALTORS CHAPALA SECTION, A.C.
FIRM
NAME.
Article
1.
1.-
The Association will have the firm name of "ASOCIACION
MEXICANA DE PROFESIONALES INMOBILIARIOS SECCION CHAPALA"
( MEXICAN ASSOCIATION OF PROFESSIONAL REALTORS CHAPALA SECTION")
denomination always followed by the words "ASOCIACION CIVIL"
( Civil Association ). Or by its abbreviation A.C. During the
course of these bylaws, the word Association will be used to
designate the aforementioned group.
2.-
The Association will be considered a Section of the Mexican
Association of Professional Realtors, A.C. in the future referred
to as "National Association".
ITS
PURPOSE.
Article
2.
1.-
The Association will have the following purpose.
a).- To group professionals in the Real Estate field in the
Municipalty of Chapala and neighboring Municipalities, and to
affiliate members, employees and collaborators, both Mexican
and Foreigners working abroad in the real estate activity, who
wish to be affiliated and who are presently affiliated with
other organizations or institutions; and for those who have
signed agreements of collaboration. And for educational institutions,
involved with the real estate profession.
b).- Engage in agreements of collaboration with organisms, groups
or institutions with the same affininy pursuing common goals.
c).- To pursue professional improvement of its members and affiliates.
d).- To oversee that its members give Real Estate services in
compliance with the Code of Ethics of the Association.
e).- Promote and expedite rules, regulations and reforms and
protect and impel the professional exercise of the real estate
field representing its members before all local authorities
in the Municipality of Chapala.
f).- Establish rules, regulations and mechanisms to encourage
the commercial exchange among its members, with a free economic
market criteria.
g).- To act and arbitrate conflicts arising among the members,
or the member and their clients.
h).- Collaborate with the public, as a consulting group in all
matters related to the real estate activity.
i).- Promote the formation of professionals with educational
courses at different levels; and being involved in the quality
of these workshops.
j).- Defend the consumers of real estate services with registered
real estate offices; to ensure and guarantee the capacity, honorability
and solvency of these real estate services.
k).-Promote the real estate profession before local authorities,
and among the general public, spreading an image which will
identify its members.
l).-
To inform its members of all issues related to these real estate
services, with pictures and publications.
ADDRESS.
Article
3.
1.-
The address for this Section is the Municipality of Chapala,
Jalisco.
DURATION.
Article
4.
1.-
The duration of this Association is indefinite.
OF
ITS MEMBERS.
Article
5.
1.-
The Association will be made up by members accepted by the board,
who have previously met the following requirements.
1.-
Promotion: Those related with development in real estate projects.
II.-
Commercialization or intermediates: Those related with the purchase,
sale or rental of real estate.
III.-
Administration: Those related with the administration of properties,
condominiums or rental property.
IV.- Consulting: Other specialized activities that serve as
a support to the real estate activity.
V.- Appraisals: Those determining the appraised value of properties.
VI.- Financial Consulting: Those related to the financing of
properties.
a).-
Must be legally established and registered before the local
authorities ( Municipal licence, Tax number etc.).
b).- To have been in the real estate business at least one year
or as an affiliate to the Association.
c).-
Submit a written request to be a member, complying with the
legal proceedures and protesting to abide by the Bylaws, Code
of Ethics, Rules, Regulations and manuals for the Association.
d).- Must be sponsored by another member who has been with the
Association for at least 2 years.
e).- Be approved by the National Board.
Article
6.
1.-
Obligations for the Associates.
a).-
Pay the inscription fee.
b).- Be up to date on ordinary and extraordinary fees set by
the National Board.
c).- Be up to date on ordinary and extraordinary fees set by
the Associations Board.
d).- Attend ordinary and extraordinary meetings summoned by
the local and National A.M.P.I. Associations.
e).- To abide by the Bylaws for the Association.
f).- To maintain continuos actions to improve on a professional
level and participate in activities set forth by the Association.
g).- Fullfill any and all commissions entrusted by the Association.
h).- Abide by the rules outlined at the Assemblies and Local
and National Boards.
i).- Encourage solidarity among the members.
j).- Fullfill all professional activities in compliance with
the Code of Ethics.
k).- Comply with fiscal and administrative obligations.
l).- Register with the local authorities.
m).-
Keep the Association informed of address, telephone numbers
and trade name of the Associate member's bussiness.
Article
7.
1.-
All associates up to date in the obligations mentioned in the
above article have the right to:
a).- Attend with voice and vote all Local and National Ordinary
and Extraordinary Assemblies, under the terms previuosly established.
b).-
Be elected to the Board, complying with the pre-established
requirements.
c).- Make use of the services provided by the Association to
benefit its members.
d).- Participate in all activities of the Association.
e).- Receive the credentials to be ackowledged as Associates.
f).- Resign from the Association, with a previous written communication
to the Local and National Boards.
g).- Include in all your identification elements, the official
A.M.P.I. "logo" in compliance with the corresponding
manual.
h).- Those members in default of their obligations can not be
elected or vote at the Assemblies.
i).- Be representatives by proxy for other members at the National
Assemblies.
OF
THE AFFILIATES.
Article
8.
1.-
The following members may be accepted into the Association as
"affiliates".
a).-
As affiliates to the Associate Member: Partners, employees or
collaborators acting as representatives, verifying their representation
with the corresponding documentation to be approved by the Board.
b).- As Corporate Affiliates: Partners in organizations, groups
or institutions with whom the Association has celebrated an
agreement, and for the duration of this agreement.
c).-
As Institutional Affiliates: Those organizations, groups and
institutions in which an agreement of collaboration has been
established. The affiliates will participate in all the activities
under the same terms and conditions as for all other affiliates,
in compliance with the Bylaws; pursuing at all times an institutional
reciprococity and agreeing on reduction or exemption of fees,
with a previous approval by the Board; who will authorize the
President to celebrate and sign these agreements.
d).- Academic Affiliates: For all those institutions interested
in Real Estate training.
e).- Honorary Affiliates: Those approved by the board for one
year periods. These affiliates may be re-confirmed on a yearly
basis.
Article
9.
1.-
The categories for the aforementioned affiliates must comply
with the following requirements.
a).-
Affiliates to Associates must comply with the following:
1.-
Be partners, employees or collaborators of the Associate Member.
If either of these conditions ceases to exist, the individual
ceases to be an affiliate member.
II.-
Submit a written request to be considered an affiliate, complying
with the legal paperwork and promising to abide by the Bylaws
and Code of Ethics.
III.-
Verify that he or she is dedicated to the Real Estate activity
or activities related to this field.
IV.- Be recommended by an Associate member; as a partner, employee
or collaborator.
b).-
Institutional or Academic Corporate Affiliates must verify that
the organizations, groups or institutions referred to in sub-sections
b) c) and d) of the above article have previuosly signed an
agreement with their corresponding Association.
Article
10.
1.-
Obligations for the Affiliates of Associate Members referred
to in Article 8.
a).-
Abide by the Bylaws, Code of Ethics, rules, regulations and
manuals for the Association.
b).-
Pay the corresponding fees approved by the National Board and
the A.M.P.I Board for the Chapala Section. All academic and
honorary affiliates are exempt from these fees.
c).- To improve professionaly and participate in all activities
of the Association.
d).- Abide by the regulations established by the Assembly and
the Board.
e).- Encourage guild solidarity.
f).- Fullfill all professional activities in compliance with
the Code of Ethics for the Association.
g).- Comply with the administrative and fiscal obligations established
by the authorities.
h).- To keep the Association informed of address, telephone
numbers and trade name for the Corporation they are involved
with.
Article
11.
1.-
The Affiliates of Associate Members who are not delinquent in
their obligations have the following rights.
a).-
The use of all services provided by the Association in benefit
of its members.
b).-
Participation in social, cultural and educational activities.
c).- Affiliates to Associate members will receive accreditation
as an affiliate, but can not use the "logos" or mention
their participation as an afffiliate on their personal stationary,
except in those cases when using the Associate's stationary.
This rule does not apply to Academic, Corporate Affiliates,
or institutions who have celebrated special agreements.
d).- Receive all communications and publications put out by
the Association, under the terms determined by the Board, or
under the terms established in their agreements.
e).- Resign as an Affiliate, with a previous written notification
to the Board.
GOVERNING
BODY.
Article
12.
1.-
The Association has the following governing committees.
I.-
THE ASSEMBLY.
II.-
THE BOARD.
III.- THE COMMISSION ON HONOR AND JUSTICE.
OF
THE ASSEMBLY.
Article
13.
1.-
The Assembly is the supreme governing body for the Association.
Article
14.
1.-
Assemblies are Ordinary and Extraordinary.
Article
15.
1.-
The Ordinary Assembly will assemble once a year, during the
last quarter, at the address determined by the Board and has
the responsibility to:
a).-
Approve all reports presented by the Board.
b).-
Elect the Board Members for the following 2 years.
c).- Discuss the issues on the agenda in compliance with the
Bylaws.
Article
16.
1.-
Extraordinary Meetings will assemble when the Board deems necessary,
or by a written request sent to the President of the Committee
on Honor and Justice by at least 25% of the Associate Members
to:
a).-
Modify the Bylaws.
b).-
Discuss matters not under the jurisdiction of the Ordinary Assembly.
c).- Remove the President, or any other member of the Board.
d).- Approve the dissolution of the Association.
Article
17.
1.-
Summons for an Ordinary or Extraordinay assembly, must be made
by the President of the Board.
Article
18.
1.-
The Assembly will be presided by the President of the Board,
who also acts as President for the Association. In his or her
abscence, said meeting will be presided in compliance with the
proceedures established in Article 20, sub-paragraph 3.
Article
19.
1.-
Ordinary Assemblies will take place on the first summons with
50% of the Associate Members in attendance and those represented
by proxy. In the event there is no quorum, a second summons
is called 30 minutes later, and the meeting takes place with
those present.
2.-
The agenda is previously established and made known to all members.
Article
20.
1.-
Elections for a new board will take place at ordinary or extraordinary
meetings and nominations are accepted. Only those members up
to date on all fees may be elected.
2.-
Those members nominated as members of the Board are elected
only if they accept said nomination.
Article
21.
1.-
Associate Members may be represented at the Assembly, by another
member by Proxy, stipulating they are in agreement with the
decisions voted on.
2.-
Extraordinary Assemblies will require a quorum of 50% of the
members on the first summons. If there is no quorum, there will
be a second summons 30 minutes later and the assembly will take
place with the members present.
Article
22.
1.-
The Extraordinary Assembly will be considered legal with a quorum
of 50% of the registered Associates and on the second summons
with those present. Between each summons there will be a grace
period of 30 minutes.
Article
23.
1.-
Each Associate Member has the right to one vote at all assemblies,
except in those special cases previously stipulated, and the
resolutions will be taken with a majority in favor. The president
has the casting vote in case of a tie. Associates may be represented
by another member with a proxy to this effect.
THE
BOARD.
Article
24.
1.-
The Board will be integrated by 5 Associate Members for periods
of one year starting on January 1st and terminating on December
31st of the same year.
2.-
If a new Board is not elected, the existing one will continue
functioning until a new one is elected.
3.-
Presidents can only be re-elected twice.
Article
25.
1.-
The Board must assemble at least once a month, summoned by the
President or 3 of its members. Any member of the board may be
removed, if he or she does not attend the meetings for the elected
period or by violating the dispositions stipulated in the bylaws.
2.-
Board meetings will be considered legal with 3 attending members,
and taken with a majority of votes. In case of a tie, the President
has the casting vote.
3.-
The monthly board meetings will take place at the address for
the Association, or wherever the Board decides. The date for
the monthly meetings will be decided the first month in office.
Article
26.
1.-
Faculties and obligations of the Board.
a).-
Elect among its members the President of the Board , who will
also act as President for the Association. The nominee must
have been a board member for at least one term.
b).-
Appoint and remove the Vice President of the Board, who is also
the Vice President of the Association.
c).- Appoint and remove the treasurer, who is also the treasurer
for the Association.
d).- Appoint and remove within its members Directors of Commitees.
e).- If necessary appoint and remove the Manager for the Association,
and decide his or her salary as the rest of the employees.
f).- Execute ageements voted on at the Assemblies.
g).- Represent the Association with faculties for lawsuits and
litigations, administration and domain, under the terms of articles
2207, 2008 and 2236 contained within the Civil Code in force
for the State of Jalisco. with all the general and special faculties
in compliance with the law, when special faculties are required,
and being able to substitute these faculties partiallly or completally.
h).- Expedite regulations necessary for the effective aplication
of these bylaws.
i).-Entrust board members with specific functions and determining
their faculties.
j).- Oversee with the assistance of the treasurer the accountings
for the Association.
k).- Prepare and submit for approval by the Ordinary Assembly,
the financial statements for the fiscal year.
l).- Summon meetings.
m).- Authorize Associates, when requested, temporary liscences
and in consecuence suspending payment of fees.
n).- Authorize the acceptance of new members and affiliates,
with the approval of the National Board.
o).- Celebrate agreements with other organizations to reach
common goals.
p).- Approve the inscription and anual fees paid by the Associate
Members and Affiliates, as well as any other outstanding costs.
q).-Propose to the Board and the National Commission on Honor
and Justice, the anual AMPI award and Diplomas to those members
who have distinguished themselves for their performance in benefit
of the Real Estate Profession.
r).- Appoint annualy the member who deserves a distinction.
s).- Appoint members to the election commitee, in compliance
with article 20 of these bylaws.
t).-
Appoint and remove the Manager of the Association, approve his
or her salary, as well as the other employees for the Association.
u).-
Execute those agreements voted at the Assemblies.
v).- Represent the Association, with ample faculties for lawsuits
and litigations, acts of administation and domain in compliance
with articles 2207, 2208 and 2236 of the Civil Code in force
for the State of Jalisco with the general and special faculties
which by law require a special clause to formulate and acquit
positions.
w).- Expedite the necessary rules for the effective aplication
of these bylaws.
x).- Appoint board members for specific duties, determining
their faculties to carry out these functions.
y).- Oversee along with the treasurer the accountings for the
Association.
z).- Prepare and submit to the Ordinary Assembly for approval,
the financial statements for the fiscal year, presenting an
anual report of steps taken to validate these statements.
aa).- Summon Assemblies.
bb).- Authorize temporary liscences for Associate Members, suspending
the payment of respective fees.
cc).- Authorize the acceptance of new Associates and Affiliates,
with the approval of the National Board.
dd).- Celebrate agreements with other organizations to reach
common goals.
ee).- Approve inscription and annual fees to be paid by the
Associates and Affiliates, as well as any other payments due.
ff).- Propose to the Board and National Commisison on Honor
and Justice the yearly AMPI medal and diploma awards, to those
individuals who distinguished themselves with their performance
in favor of the Real Estate Profession.
gg).-
Appoint annualy the member who merits this distinction.
Article
27.
1.-
The President of the Board will be the legal representative
for the Association, with the faculties mentioned in paragraph
4 of this article. ( along with article 26, sub-clause 1, sub-paragraph
"g" of these bylaws, except for acts of domain, for
which written authorization from the Board is required.).
The
president may grant general and special Powers of Attorney for
lawsuits and litigations and administration actions in compliance
with the third paragraph contained in Article 2207, of the Civil
Code in force for the State of Jalisco. He can also revoke them.
2.-
The President is the only member authorized to represent the
Association locally, nationally and internationally. The president
may appoint a personal representative with previous authorization
from the board.
3.-
In the abscence of the President, the Vice President will take
over, and in consequence is authorized to preside the Board's
sessions and Assemblies, with the same faculties and obligations
as the President.
4.-
Represent the Association, in judicial, collections, administration
and domain actions in compliance with the terms of articles
2207, 2008 and 2236 of the Civil Code in force for the State
of Jalisco, with all the general and special faculties in compliance
with the law requiring a special clause. To formulate and acquit
positions, and with the authority to subsitutute these faculties
partially or totally. All of the above faculties will be carried
out with written authorization from the Board.
5.-
Appoint commissioners for special tasks determining in each
case their faculties.
6.-
Summon Assemblies in compliance with articles 16 and 17 of these
bylaws.
7.-
The President may appoint and remove the administrative personal
with approval by the other board members.
8.-
Preside activities and marketing meetings for the multiple listing
service and ordinary and extraordinay asssemblies.
9.-
Besides presiding Assemblies and Board meetings the President
must oversee that the agreements taken at these meetings are
executed; and take the necessary steps for the effective operation
of the Association to reach its goals.
Article
28.
1.-
The President will appoint among the Board Members the Secretary
for the Association, who will have the following faculties and
obligations.
a).-
Attend Assemblies and sessions of the Board writting up the
agreements voted on.
b).-
Summon board meetings, when the board, president or three of
its members deems necessary.
c).- Certify, when necessary, documents and agreements taken
at these meetings.
d).- Be in charge of filing, directories and correspondance
for the Association.
e).-And other matters determined by these bylaws, the Board
or President.
Article
29.
1.-
The Board will appoint among its members a Treasurer, who will
have the following faculties and obligations.
a).-
Oversee the accounting for the Association, using the tools
approved by the Board.
b).-
Have custody and responsibility of the funds for the Association.
c).- Issue checks for the Association previously approved by
the Board.
WORK
COMMITTEES.
Article
30.
1.-
The Board will designate, preferably among its members, those
individuals who will act as Directors for these committees.
2.-
The work committees will be established by the board, taking
into consideration the needs and growth of the Association.
COMMISSION
ON HONOR AND JUSTICE.
Article
31.
1.-
The Commission on Honor and Justice will be integrated by 3
associate members, of which one must be an ex-president. They
will be designated by the board at their first regular meeting.
The members must have been at least 3 years with the Association
and have served as a Board Member for one year. The appointees
must accept their designation and will be in office for the
same period as the Board.
Article
32.
1.-
The nominee of President for the Commission on Honor and Justice
will be the member who has seniority in the Association, and
the remaining 2 members as commissioners.
Article
33.
1.-
The Commission on Honor and Justice will have the following
functions.
a).-
Propose to the National Commission on Honor and Justice, reforms
to the Code of Ethics they deem pertinant to keep it updated.
b).- Submit suggestions on sanctions for Associate Members or
Affiliates regarding incompliance of the obligations contained
within the Bylaws or Code of Ethics.
The resolutions taken will serve as a precedent in future conflicts
and the approved criteria will serve to update the Code of Ethics.
c).- Act as arbitrator in conflicts arising among the Associate
Members and Affiliates, or between them and the Board.
The parties will decide what foundations will be used by the
arbitraters.
d).-
Act as arbitrator when the parties are under their legal authority,
even when one of the parties is not a member or affiliate.
Article
34.
1.-
In the event of a possible incompliance or sanction regarding
the dispositions established in the above Bylaws or the Code
of Ethics between Associate Members of the Section, between
members or non members, (¿), or in arbitration cases,
the proceedure for sanctioning will be as follows for the Associate
Member or Affiliate who results responsible:
a).-
The Commission on Honor and Justice will summon the involved
parties to state their case, integrating a file with all the
evidence and how the investigation was carried out. This must
be accomplished within a period of 60 days from the date the
case was presented. At the end of this period, they have 15
days to present their resolution to the board and the corresponding
sanctions.
Within
a time frame of 15 days from receiving the resolutions, the
interested parties may appeal to the National Commission of
Honor and Justice for a revision; in which case the National
Commission has 60 days to communicate their ruling to the interested
parties, the Commission on Honor and Justice and to the AMPI
Board Guadalara, A.C. for all legal effects.
2.-
The possible sanctions for Associate Members and Affiliates
will be:
a).-
A warning.
b).-
A sanction.
c).- Temporary suspension of all rights.
d).- Expulsion from the Association.
3.-
When incompliance to the Bylaws consists in late payments of
ordinary and extraordinay fees established by the Association,
the Local Board or the National AMPI Board within their competence
will determine the corresponding sanction, without previous
proceedings; and this will be recorded during the session.
4.-
When a sanction is applied to an Affiliate of an Associate Member,
this member will be notified.
DISOLUTION
OF THE ASSOCIATION.
Article
35.
1.-
The Association may be dissolved:
a).-
By agreement at an Extraordinary Assembly, with at least 75%
of the assisting members.
b).-
If the Association is reduced to 5 active Associate members.
Article
36.
1.-
Upon dissolution, the Association will be settled, under the
conditions setforth by the Assembly, under all legal requirements.
TRANSITORY.
ONE.-
These bylaws will be in effect as of:
©
2008
AMPI CHAPALA
©
Photos by Robert Porter and H'Linda Díaz