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NederlandsASBL Orchestre Camerata
Company number : 0424.234.052
INTERNAL RULES AND REGULATIONS (IRR)
Approved by the general meeting of March 28, 2021
In accordance with article 37 of its statutes, the “Camerata Orchestra” shall adopt Internal
Regulations (IR) drawn up by the board of directors, the purpose of which is to explain and complete the statutes and to specify certain aspects of them, specifically for the benefit of the members. They are also intended to govern the daily life of the association.
It is given to the member upon registration, again communicated to all members together with the minutes of the general meeting and is always available on request to the administrative body. It has
the same binding force for the members as the association’s statutes. No member is expected to be unaware of them.
In the event of a contradiction between the IR and the statutes of the association, the latter shall prevail.
Title 1. The association
Article 1 – Identity of the association
The aforementioned registered office is a purely administrative place intended for the specific purpose of receiving official correspondence issued by the bodies responsible for the management of NPOs. Concerning ordinary mail, the administrative body indicates its preference for correspondence in electronic format; to this end, the association’s e-mail address known as comitelinkebeek01@gmail.com is mentioned in all correspondence.
Article 2 – Goals, activities, vision, values
In accordance with Article 3 of the statutes, the aim of the association is the production, development and dissemination in the broadest sense of the term of cultural musical activities in Belgium and abroad.
To this end, it may pursue private and public activities such as the practice and study of music in all its forms, the organisation of events or any other activity directly or indirectly related to the fulfillment of its social purpose.
These aim and activities are in line with a vision of the individual and society that emphasizes the desire to promote and disseminate, with the greatest possible number of people, the passion for music that unites the members of the association.
The association pursues the values of transmitting musical culture, sharing, solidarity and friendship.
Title 2. Members
Article 3 – Qualifications, rights, and duties
The association is composed of full and associate members.Le nombre de membres effectifs n’est pas limité mais ne peut être inférieur à 5.
The number of full members is not limited but may not be less than 5.
The number of associate members is unlimited.
In accordance with Article 5 of the Statutes, full members are natural persons, registered in the register of members and in order of subscription.
Any full member who is not up to date the membership-fee shall lose its status and rights and shall therefore become an associate member at the end of the validity of the last payment made.
If such a member wishes to become a full member again, he or she must reapply to the OA in the manner provided in Article 4 of this IR.
Minors under 15 years of age, who are free of membership fees, are, by nature, the only associate members of the association. However, the parent or legal guardian of a minor member under the age of 15 may still, if he or she so wishes, pay the annual membership fee.
Irrespective of the age of the minor, the parent or legal guardian who pays the annual subscription shall, by this act, take on the status of full proxy member and may act in the name, and in the exclusive interest, of the minor whom he or she represents.
Any associate member who has reached the legal age of majority may, as soon as he or she decides to pay his or her subscription, take the status of full member.
The rights and duties of members, as described in the statutes, are in particular the following:
– Full members and proxies are invited to general meetings and have the right to vote there. They take part in the decisions that govern the life of the association.
They also benefit from all the services and advantages that the association is able to provide them.
They have honored, within the time limits defined by these rules, the payment of an annual subscription to which all minor members aged 15 or over, as well as those who have reached the age of legal majority, are subject.
– Associate members have the right to attend general meetings but do not have the right to vote. They may not take part in the decisions governing the life of the association.
They do not benefit from all the services and advantages that the association is able to provide, with the exception of minors whose legal guardian is an effective proxy.
Like full members, associate members remain subject to the Association’s Statutes and these internal regulations.
Article 4 – Admission des membres
Pursuant to Article 6 of the Statutes of Association, in order to be admitted as a member, full or associate, the candidate must apply to the administrative organ. The applicant declares that he or she has read the association’s statutes and internal regulations and undertakes to comply with them in full if accepted.
Under-age members must provide authorization from the legal guardian if at least one of their parents or legal guardians is not a member of the association. However, the payment of the membership fee by the parent or legal guardian shall constitute tacit authorization.
The administrative body shall have the final say on membership applications from members and the decision shall be communicated in writing to the person concerned.
However, it undertakes to consult the music director(s) and to take his/their opinion into consideration before making a decision.
Article 5 – Données personnelles
Once their application has been accepted, new members shall comply with the registration requirements by providing an e-mail address, a postal address and a telephone number, if possible.
They undertake to transmit as soon as possible any changes in their personal data communicated at the time of registration.
The association devotes all due attention to the respect of privacy and integrates this notion into all its management processes. In particular, in all cases where it collects personal data on its members, it ensures that this data complies with the data communicated, is updated if necessary, is relevant and not excessive in relation to its purposes.
Personal data (surname, first name, date of birth, private address, e-mail address, telephone number, statistics on participation in activities, affiliation, etc.) are kept in its files and used to provide information to its members, carry out surveys or invite members to participate in activities. They are also used to manage the payment of membership fees.
This information is contained in a register which is kept in electronic form. On request to the Administrative Body, the member may consult the information concerning him or her by asking for it to be communicated electronically.
The storage and processing of such data shall be subject to the following conditions :
– the data shall never be processed for commercial purposes,
– they will only be passed on to a third party with the member’s consent.
– every member has the right to consult his personal data in order to check their accuracy and to have any errors corrected.
– the association, responsible for the processing, takes the security measures required to protect personal data against accidental destruction, modification, access, possibly malicious, or any other unauthorized processing.
Article 6 – Image rights
In order to enhance and promote its activities, the association may be required to film or photograph some of its activities; however, and in accordance with the legislation on the protection of privacy and Article XI.174 of the Code of Economic Law, the dissemination of this material must be subject to the authorization of the members concerned.
If a member of the association who is of legal age does not wish to appear in photos or promotional videos of the association, he or she must indicate this by e-mail to the address of the administrative body, when registering, and reiterate his or her request according to the same procedure at the beginning of each musical season.
As far as minors are concerned, the authorization of the parents or legal guardians is mandatory and, once the person represented has reached the age of reason, he or she must give this consent with his or her legal guardian.
Article 7 – Fees
In accordance with Article 7 of the Statutes of Association, the amount of membership fees is set annually by the Board of Directors at the beginning of the year.
All members subject to dues shall pay them before the end of February of the current year or within one month of acceptance into full membership. The Administrative Body shall send out a single reminder giving seven days’ notice, after which the members shall no longer be considered full if they have not paid their subscription, the value date of receipt on the account being taken as proof.
The membership fee paid is thus valid from 1st March of the current year to the end of February of the following year and makes it possible to draw up the list of full members for the Ordinary General Assembly of the current year.
It should be noted that, exceptionally, and in view of the personal situation of some of its members, the administrative body reserves the right to deviate from the amount fixed annually by accepting the payment of a lesser amount, or by setting up a payment schedule allowing for a payment facility.
Members are responsible for contacting the Administrative Body for such a request.
Similarly, in the case of a plurality of members from the same family, the administrative body may propose a reduction equivalent to the application of a digressive tariff.
The administrative body shall decide and rule on a case-by-case basis.
Article 8 – Lending of instruments
The association may have instruments at its disposal, the value of which it will have assessed by a professional. It may offer them for free on loan, for a fixed period or mission. Only a full member can enjoy this service, on the sole condition that he or she undertakes to take care of the instrument and return it in its original state.
If, during the loan period, the instrument is damaged by the member, the repair of the damage caused remains the sole responsibility of the member who caused the damage.
In the event of loss or theft of the instrument, the member to whom the loan was granted undertakes to reimburse the association for the estimated value of the instrument at the beginning of the loan period.
Article 9 – Participation Members of the association are required to participate regularly in the weekly rehearsals.
They undertake to do their utmost to make their presence felt, regardless of the presence of the other members of their section.
Public events are planned and may require the organisation of one or more dress rehearsals outside the usual days, times and even places.
Any member of the association who lends his or her support to another musical group, however, undertakes to respect the performances that the orchestra has undertaken to provide.
The calendar of performances planned for the season is sent to members early enough so that they can make all the necessary arrangements for their participation. If, however, a member is unable to perform in exceptional circumstances, he or she must, as a matter of courtesy, inform the Administrative Body as soon as he or she becomes aware of his or her unavailability.
In carrying out the activities of the association, members shall behave in a manner respectful of others and their property. In the event of non-compliance with the Statutes of Association and the Code of Conduct, the administrative body shall take the necessary steps to warn, suspend or expel the member.
Article 10 – Absences
Any musician who is unable to perform for any length of time must inform the administrative body by email.
In the event of an unplanned absence, the musician must inform the secretary of the administrative body as soon as possible, by message or phone call.
Any absent member must check with his or her colleagues or the music director about the work carried out during his or her absence in order to remain up to date and aware of the latest instructions given during working sessions that he or she was unable to attend.
Article 11 – Concert dress code
For each event, members are informed by email in the days preceding the event of the organisation and the progress of the day, as well as of the outfit to be worn and the accessories to be added.
Article 12 – Resignation and exclusion of members
In accordance with Article 8 of the Statutes of Association, any member may resign from the association at any time by sending an email to the administrative body.
However, except in cases of force majeure, he or she is requested to inform the administrative body at least 8 weeks before his or her departure in order to give the latter time to make the necessary arrangements to find a replacement. The member also undertakes to perform his or her role at the section during these weeks.
Members who do not pay their membership fees following the reminder sent to them, or who have lost the qualities for which they were admitted, shall be deemed to have resigned.
Non-compliance with the Statutes and the IOR, failure to be present, represented or excused at three consecutive General Assemblies, failure to show mutual respect between members, offences against morality and the laws of propriety, actions or words that could tarnish the association’s good reputation are, in a non-exhaustive manner, acts that may lead to a procedure for the exclusion of a member, whether a full or associate member.
Thus, as soon as the administrative body becomes aware of a problem, it invites the member concerned to explain it at its next meeting, where the administrative body takes its decision without the possibility of appeal or the need to give reasons.
In the case of an associate member, the Administrative Body may suspend the member(s) concerned for such time as it considers necessary, in particular in view of the seriousness of the facts complained of, until its final decision is taken.
If the administrative body decides to expel a member, its decision shall take effect as soon as the sanction is pronounced.
As regards of a full member, if the administrative body decides to expel a full member, Article 10 of the Statutes of association shall apply. The member shall be suspended until the next General Assembly which shall decide on the sanction to be applied.
The question of the exclusion of a full member must be expressly included on the agenda of the meeting and the full member must be given the opportunity to be heard.
A member who wishes to lodge a complaint against another member or an official of the association and about the management of the association may submit it in writing to the administrative body. He may request to be heard by the administrative body, which shall decide on the action to be taken on
his request.
Title 3. The general meeting
Article 13 – General Assembly: procedure
In accordance with Article 13 of the Statutes of Association, the Annual General Assembly shall be held as soon as possible, within 3 months of the closure of the accounts. The convocation is issued on the initiative of the administrative body, which, in addition to the Annual Assembly, may also decide to convene the meeting whenever the interests of the association so require, and must convene it when at least 1/5 of the members so request.
The assembly may only deliberate on subjects not mentioned on the agenda if a majority of 2/3 of the full members present or represented consider that urgency prevents their postponement. In this case, a separate vote shall be taken on the urgency of the decision as well as on the measure itself.
This provision shall not apply to decisions for which the Law or the Articles of Association provide for a special quorum of members present or represented.
Only full members shall be convened.
Associate members have the right to attend but have no voting rights.
Voting shall be by a show of hands, except for decisions relating to individuals or where one fifth of the full members present or represented so request, in which case voting shall be by secret ballot.
Article 14 – General Assembly: powers and votes
As a reminder and as set out in Article 12 of the statutes of the association, the legal powers of the meeting are, in particular, the following:
1. Amendments to the articles of association
2. Appointment and dismissal of directors
3. Exclusion of a full member
4. The discharge to be granted to the directors
5. Approval of budgets and accounts
6. The dissolution of the association
7. The transformation of the ASBL into an AISBL or a cooperative society approved as a social enterprise
8. Approval of the ROI and its amendments
The General Assembly shall be chaired by the chairman of the administrative body or, in his absence, by the substitute director appointed by the administrative body. In the event of a tie, the chairman or his substitute shall have a casting vote.
Title 4. Directors and the administrative body
Article 15 – Directors
In accordance with Article 22 of the Statutes of Association, the Directors are elected by the General Assembly for a term of 4 years. They may be re-elected for an unlimited number of terms, but may be dismissed at any time by the General Assembly.
In order to be eligible for election to the administrative body, the full member must have submitted a motivated application in writing to the secretariat of the association at least 3 weeks before the date of the next general assembly. He/she acknowledges having been informed beforehand by the administrative body of the involvement and the time that this function will require. He undertakes to work in collegiality with the other directors in the exclusive interest of the association.
A director who, without prior information, does not attend three consecutive meetings of the administrative body shall be deemed to have resigned. Apart from this particular case, if he wishes to resign, he must notify the administrative body of his decision in writing, but shall remain in office until his replacement can be provided.
However, the administrative body may decide, by a majority of its votes, to suspend a director from office, until the decision of the general meeting, where his or her failings are manifestly detrimental to the proper functioning of the association.
The following are examples, which are not exhaustive:
– a total lack of collaboration and involvement in the administrative body
– a recurrent inability to perform the tasks that fall within the scope of his or her function
– any breach of mutual respect between directors, breach of the laws of propriety, actions or words that would hinder the normal and permanent operation of the administrative body.
In the event of a vacancy during the term of office, the Administrative Body may co-opt a full member to complete the term of office. However, such co-option must be confirmed by the General Assembly at its next meeting; if not, the decisions taken by the administrative body up to that meeting shall remain valid.
Article 16 – The Administrative Body In accordance with Article 22 of the Statutes of Association, the Administrative Body is composed of a minimum of four and a maximum of six directors. Half of the members of the Administrative Body may be re-elected every two years.
It meets at least once every quarter, at the invitation of the Chairman or at the request of a director.
In the event of an emergency, an exceptional situation that does not allow for physical regrouping, or a unanimous decision by the directors, the Board of Directors may meet by teleconference.
The Administrative Body may only deliberate validly if at least half of the directors are present.
Decisions are taken by a simple majority of the directors present. Any director who abstains from voting shall be considered absent for the calculation of majorities. In the event of a tie, the Chairman’s vote is decisive.
The Administrative Body shall elect from among its members a Chairman, a Secretary and a Treasurer.
The distribution of the three statutory functions of the association is made within the Administrative Body at the first meeting following that of the General Assembly. The directors approve proposals by a show of hands and the function is allocated by unanimous vote.
The Chairman directs the work of the Administrative Body and the meetings. In the event of impediment, he shall be replaced by the director whom the Administrative Body deems best suited to the duties. In addition,
the chairman:
– countersign the minutes of the meeting and of the administrative body;
– signs extracts from the minutes for the attention of the members and third parties;
– convenes the board of directors and signs its undertakings;
– ensures that the law, the articles of association and the ROI are properly complied with;
– negotiates and concludes all transaction contracts;
– prepares the calendar of annual events;
– ensures that the cohesion between members is maintained;
– promotes the association through its role as spokesperson and interlocutor with external third parties
the secretary:
– receives registrations, keeps updated the members’ files and ensures their consultation by the members;
– receives correspondence and follows up if necessary;
– draws up the minutes of the meetings of the administrative body and of the assemblies;
– countersigns the commitments of the association ;
– organises consultation by members of the registers kept by the association ;
– takes the necessary steps with the Company Court;
– is responsible for all accident declarations to insurance companies
– fills in the ad hoc documents at SABAM, before and after each event, in accordance with the rules established by this institution.
the treasurer:
– is responsible for the financial management and manages the bank accounts and cash;
– ensures the collection of receipts, the follow-up and payment of expenses ;
– collects the membership fees paid by members;
– files and archives documents and vouchers
– makes the accounting entries and prepares the annual accounts and balance sheet;
– presents the financial situation to the general meeting;
– organises the consultation of accounting documents by members;
– participates in the preparation of grant applications;
– is responsible for any cash withdrawals and for signing bank documents
Directors who have not been appointed to one of the aforementioned functions may assist, at any time, at the request of one of the three appointed Directors, in the performance of a task or mission.
Title 5. The Commissions
Article 17 – Purpose and Operation
As provided for in Article 31 of the Statutes of Association, the administrative body may set up committees, whose role is strictly consultative, to advise it on various subjects of interest to the association: organizing events, proposing conference themes, finding venues, funding assistance, studying the cost of services or activities, this list is not exhaustive.
The commissions are composed of members, full or associate, as well as potential third party experts.
They apply to the administrative body and are approved by the latter for the duration of the project they propose and on which they will work.
The work schedule is defined jointly by the Administrative Body and the committees. The committees are then free to organise the tasks entrusted to them.
The committees elect a representative from among their members, who must be a full member and who is accountable to the Administrative Body for the committee’s work and regularly reports back to the Body on progress through written reports, e-mails and/or meetings.
At the end of the originally planned time frame, the committees present the results of their projects to the Management Body.
The Board remains sovereign in its decision to accept or reject the conclusions presented.
Title 6 – The musical direction of the association
Article 18 – Recruitment
In accordance with Article 25 of the Statutes, the Administrative Body is obliged to appoint, in addition to the members, at least one, but not more than two music directors.
Candidates shall be chosen from among professionals who have recently graduated or are about to graduate, or any professional musician wishing to invest in the experience of conducting an amateur orchestra.
In the case of the choice of two music directors, the board of directors will give priority to ensuring that their personalities are compatible. To this end, it organises at least one meeting which enables the candidates to discuss their vision, motivation, musical sensitivity and the direction they wish to
take. This process applies whether the recruitment is concomitant or consecutive.
The Administrative Body may also decide to offer a few hours of conducting time to any candidate director in order to ensure the necessary affinity between the orchestra and its future director(s).
Article 19 – Mission
The music director is the orchestra’s point of reference for all matters relating to the rules of work, interpretation and musicality. His or her primary mission is to lead the orchestra towards a constant progression, both technically and musically.
Its direct interaction with the orchestra is essential and, as such, falls exclusively within the scope of its functions:
– Punctuality,
– Attendance at rehearsals,
– Distribution of voices in the winds,
– Appointment of the heads of desks
– Working instructions,
– Criticism/encouragement,
– Search for work material,
– Rehearsal schedule,
– Search for reinforcements, replacements
– Transcriptions/arrangements/simplifications.
When two music directors share the task, unless instructions on interpretation and musical sensitivity are clearly communicated, each director keeps his or her own programme.
Article 20 – Collaboration
The music director must work in collaboration with :
1- Konzertmeister: Appointed by the music director, his role is preponderant within the orchestra. He is the Music Director’s right-hand man, responsible for the cohesion of the strings, and, as Primus inter pares of the orchestra, representing all the musicians to the music director or the Administrative Body.
2 – Heads of section: Appointed by the musical director, they are responsible for the cohesion and smooth running of their group. They are also in charge of organizing partial rehearsal within their section when a need is identified.
Thus, the preparation of new scores for strings is a fully collaborative work that the music director carries out with the support or advice of the Konzertmeister.
Together, they decide on the bow strokes and send their proposal to the heads of section for approval.
Within a week after the proposal has been sent, the heads of section must forward any comments they may have to the Konzertmeister.
The Konzertmeister discusses them with the music director and, according to a common opinion, they are approved or rejected.
Heads of section who do not reply to the proposals are deemed to have accepted them.
The final version will be finalised no later than 15 days after the initial version has been sent.
The Konzertmeister sends the final version to all strings by email, with a copy to the association’s generic address.
The music director sends the scores to the other members of the orchestra, with a copy to the association’s general address.
The Music Director and Konzertmeister may occasionally call upon an administrator to assist them in sending the scores to the members.
The vision and collaboration of the music director is essential for the smooth running of the association. As such, he must be regularly invited to the meetings of the administrative body, particularly for the organisation of events.
Article 21 – Reinforcements The musical director takes care to select and propose pieces that are in line with the actual number of members and their technical level. If he or she wishes to depart from this principle, he or she must
find and propose to the Administrative Body external musicians as reinforcements. The Administrative Body may assist him in his search.
The call for reinforcements should, however, be exceptional and their number limited.
The lump sum offered by the association depends on the quality of the musician. It includes, in addition to the concert performance, participation in the general rehearsal.
It follows the fee schedule established and revised each year by the Administrative Body..
Article 22 – Revocation, Resignation
At the first meeting following the annual Ordinary General Assembly, the Administrative Body shall confirm or terminate the mission of the current music director.
However, in the event of persistent disagreement or misunderstanding revealed on points essential to the continued existence of the association, including, and by way of example :
– the association’s management policy
– the musical vision in the medium or long term
– the commitment of the music director
– the lack of a relationship of trust between the music director and the administrative body
– the lack of complicity between the music director and the orchestra
The administrative body may decide to interrupt the mission of the music director at any time, by an absolute majority of its votes, on the condition, however, that it has previously provided for his replacement, if he is the only person involved in this role. If the association has called upon two musical directors, the one whose mission is maintained shall take over the entire management of the orchestra.
Prior to any decision to dismiss the music director, he shall be summoned by the administrative body, which shall inform him of the grievances against him. The music director has the right to speak and is invited to present his or her views.
The Administrative Body and the Music Director may decide to set a time limit during which every effort will be made to return to a situation that allows the collaboration to continue.
At the end of the period granted, a new meeting is scheduled during which the conclusions of each party are expressed. In the event of failure, the Board of Directors shall decide on the dismissal.
All meetings are recorded in the minutes of a meeting open for this purpose, a copy of which is sent by e-mail to the musical director and to the members of the association within 7 days of the meeting.
The musical director may resign from the association at any time by sending an e-mail to the administrative body.
However, except in cases of force majeure, he must inform the administrative body at least 12 weeks before his departure in order to provide for his replacement in the best possible conditions.
He undertakes to continue his mission until its completion.
If he knows of candidates in his entourage who are potentially interested in taking over the post, he may ask them to send their motivated application, together with their CV, by e-mail to the administrative body..
Title 7 – Management of the association
Article 23 – Control Management
The association implements the conditions for rigorous financial management. In particular, expenses are examined within the framework of the approved budget, according to the procedures set out below. At the end of the financial year, the treasurer prepares a draft annual accounts, which is attached to the notice convening the ordinary annual general meeting for approval..
Article 24 – – Income and expenditure
The income of the ASBL can come from membership fees, income from services, subsidies, advertising, sponsoring, donations.
The association’s expenditure consists mainly of operating expenses in the form of expense accounts or invoices and the defrayal of the expenses of the musical directors or reinforcements referred to in article 20, in the form of RPI (Régime des Petites Indemnités – small expense compensation system).
Any reimbursement of operating expenses must be in the form of an expense account. Supporting documents are the original documents that must be attached to this expense account. The application for reimbursement must be submitted within 3 months of the date of the expense.
Operating costs are considered to be those costs, in particular for computers, stationery, copies, rental of premises or equipment, which are essential for the execution of the mission. Any expenditure included in the budget adopted by the general meeting will be validated by the treasurer; failing this, they must be justified and will be subject to prior approval by the
administrative body.
In accordance with article 30 of the Statutes of Association, the procedures for withdrawing money and signing bank documents by the treasurer and/or the director delegated to day-to-day management are as follows:
The president, the treasurer and any director authorized by the Administrative Body have access to the Association’s bank accounts and have a bank card linked to these accounts. The withdrawal of this card can be decided at any time during a meeting of the Administrative Body which decides by a simple majority as long as this point is on the agenda.
The treasurer is responsible for withdrawing the money needed, in particular, to pay the expenses of the musical directors and reinforcements and to set up a “cash fund” during concerts.
Article 25 – Insurance and liability
The association takes out civil liability insurance covering its members and directors.
Any accident or incident occurring in the course of activities must be reported promptly to the secretary and the insurance declaration form must be sent to the insurance company within 8 days at the latest.
The association declines all responsibility for theft and damage to personal property in the places where it carries out its activities. It is up to each person to take the necessary precautions concerning his or her own property.
Titre 8. Final provisions
Article 26 – Amendments and application of the internal regulations Any member who is not subject to an ex officio resignation or expulsion procedure may propose an amendment to these rules to be debated at the next General Assembly.
Apart from those provided for by the Law and the Articles of Association, all matters not provided for in these Regulations shall be decided by the Administrative Body.