Statutes

1.1 Nature 
1.1.1 The "Council of the Notariats of the European Union", or "CNUE" for short, is a non-profit association under Belgian law, governed by the law of 27 June 1921 modified by the law of 2 May 2002.

2.1. Registered Office
2.1.1 The Association's registered office is in Brussels - Avenue de Cortenbergh, 52 - 1000 Bruxelles. It can be transferred to another location by decision of the General Assembly, acting by a two-thirds majority of the votes cast.

3.1 Aims
The association's aims are:
3.1.1 To promote and develop Latin-type notarial activities and services in the European area, with reference to the general objectives of the International Union of Notaries.
3.1.2 To express its members' common decisions to the European authorities.
3.1.3 To strengthen professional links between its members and harmonise their policies without prejudicing their respective national status.
3.1.4 To collect, process and convey any information that might concern and interest the European notariats in the international sphere.
3.1.5 To carry out studies and research for and/or in cooperation with its members with a view to favouring and improving notarial practice in the European area, guaranteeing and defending its members' interests and developing their cooperation.
3.1.6 Any activities and service provision for the benefit of its members that falls directly or indirectly within the objectives of the association.

4.1 Duration
4.1.1 The association is created without any limit on duration. It can only be terminated by decision of the General Assembly, acting as for modifying the statutes.

5.1 Full members of the Association
5.1.1 Latin-type notariats of the current EU Member States are full members of the Association. These are as follows: Austria, Belgium, Bulgaria, Czech Republic, Estonia, France, Germany, Greece, Hungary, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia and Spain.
5.1.2 Latin-type notariats which are members of the UIN and which have submitted their application and whose countries have joined the European Union can be admitted as new full members. Admission requires a decision adopted by a four-fifths majority of the votes cast..
5.1.3 Full members which, due to a change in their legal status, cease being Latin-type notariats or full members which persistently fail to respect these statutes and the rules of procedure approved by the General Assembly, can be excluded from the Association. Exclusion is decided by the General Assembly acting by a four-fifths majority of the votes cast, the voting rights of the notariat concerned being withdrawn for this decision.
5.1.4 The number of full members cannot be less than eight.
5.1.5 Only full members have voting rights at the General Assembly.
5.1.6 Full members are represented by the Presidents in practice in their respective national bodies or by a special representative.

6.1 Observing members
6.1.1 The General Assembly can admit national Latin-type notariats that are UINL members and whose countries are officially EU accession candidates as observing members. Observing members are invited to attend the meetings of the General Assembly, but have no voting rights. They have access to the information made available to the CNUE's full members.
6.1.2 Their admission or exclusion is decided by the General Assembly, acting by a three-quarters majority of the votes cast.
6.1.3. Observing members are represented at the General Assemblies by the Presidents in practice in their respective national bodies or by a special representative.

7.1 Membership contributions
7.1.1 Members are obliged to pay the membership fee which has been decided by the General Assembly in accordance with the budgetary distribution scale set down in these statutes.
7.1.2 If there is no decision to the contrary by the General Assembly, membership contributions are payable to the Association's bank account no later than 28 February of each year.
7.1.3 With regard to the Association's own commitments, the Association's members have no personal obligations.
7.1.4 The maximum membership fee to be paid by each of the full members is fixed at EUR 200 000 per year, without prejudice to the proportion of contributions provided for in point 7.1.1.
7.1.5 The observing members are not obliged to pay any membership fee.

8.1 Organs
8.1.1 The Association's organs are:
  The General Assembly
  The President
  The Executive Council
8.1.2 They are assisted in the running of the Association by an Office under the President's authority whose remit is defined by Article 25 of these statutes.

9.1 General Assembly
9.1.1 The General Assembly of the members is the Association's supreme body. It possesses full powers. The powers that have not been specifically delegated to the Association's other organs fall within its remit.
9.1.2 Within its exclusive remit are:
9.1.2.1 the amendment of the association's statutes,
9.1.2.2 the designation and dismissal of the President and incoming Vice-President,
9.1.2.3 the approval of budgets and accounts,
9.1.2.4 the establishing of its members' membership fees within the limits fixed in points 7.1.4 and 7.1.5,
9.1.2.5 the deliberate dissolution of the Association,
9.1.2.6 any decision exceeding the limits of the other organs' powers.

10.1 Holding of General Assemblies
10.1.1 General Assemblies are held at least four times a year, by the President's invitation and, in addition, every time the European notariat's general interest or the interests of the association so require or, furthermore, when requested by at least a fifth of full members.
10.1.2 At least one and at most two of these General Assemblies, called "Plenary Assemblies", bring together all full and observing members, in addition to representatives of the International Union of Notaries with which the CNUE cooperates closely, whilst respecting their specificities.
10.1.3 The other General Assemblies, called 'Ordinary' or 'Working' Assemblies, bring together the full members, and, if they wish, the observing members.
10.1.4 Both the Ordinary and Plenary General Assemblies are held in the location specified in the meeting notification.
10.1.5 Meeting notifications are sent by the President at least six weeks in advance. They contain the draft agenda.
10.1.6 Assemblies can be held in the form of a video conference unless two full member notariats object to such an Assembly.

11.1 Agenda
11.1.1 The agenda for General Assemblies is established by the President following deliberation within the Executive Council.
11.1.2 At least three weeks in advance, the provisional agenda shall be sent to the full members and, if appropriate, to the observing members. Members can propose that new items be added to the agenda during the week after it is sent. Any proposal signed by a number of full members equal to at least a twentieth is added to the agenda.
11.1.3 The agenda is finalised ten days before the General Assembly and immediately sent to the members by email.

11.1 Agenda
11.1.1 The agenda for General Assemblies is established by the President following deliberation within the Executive Council.
11.1.2 At least three weeks in advance, the provisional agenda shall be sent to the full members and, if appropriate, to the observing members. Members can propose that new items be added to the agenda during the week after it is sent. Any proposal signed by a number of full members equal to at least a twentieth is added to the agenda.
11.1.3 The agenda is finalised ten days before the General Assembly and immediately sent to the members by email.

13.1 Minutes
13.1.1 Minutes are written by the CNUE Office, under the President's responsibility, and submitted to the Executive Council for opinion. They are adopted before any further deliberations by the next General Assembly.
13.1.2 Resolutions are communicated by any written means and sent to the members within a month of their adoption.

14.1 Deliberations
14.1.1 The General Assembly can only deliberate on principle on the basis of a reasoned written proposal that has been communicated in advance with the finalised agenda.
14.1.2 However, with the agreement of all the full member notariats represented, the General Assembly can deliberate on other items proposed at the beginning of the session by one or more full members or by the President.

15. 1 Vote
15.1.1 The General Assembly can only proceed to a vote if at least two thirds of the full members are represented.
15.1.2 The General Assembly's decisions are taken by absolute majority of the full members represented. In the event of an equal division of votes, the resolution is not adopted.
15.1.3 Only the Presidents of the CNUE's full members are entitled to vote.
15.1.4 Nevertheless, a President can be represented at the General Assembly by a representative, who shall be a civil law notary and who shall be provided with a written mandate giving full powers.
15.1.5 The mandate shall be handed to the President before the meeting begins.
15.1.6 Decisions related to amendments to the statutes shall be made with a three-quarters majority of the CNUE's full members represented.
However, the amendment which addresses the aims of the CNUE and the decision regarding its dissolution can only be adopted by a majority of four fifths of the votes of the full CNUE members represented. 15.1.7 Each full member has only one vote in the General Assembly. If the CNUE's President is not the President at national level of a full member notariat, he/she is not entitled to vote.
15.1.8 In the event that a resolution is adopted despite one or more votes against it, the notariat or notariats which voted against the resolution can ask to be dissociated from it. This reasoned reservation shall appear in the minutes of the meeting and not in the resolution itself. Furthermore, the content of the reasoned reservation should be presented at the moment of deliberations. In this event, the resolution is not binding upon the notariats concerned. This right of reservation does not apply to budgetary decisions.

16.1 The President
16.1.1 The President's mission is to regulate, inspire, organise, arbitrate and facilitate contact.
16.1.2 The President ensures the effective running of the CNUE, with maximum transparency with regard to the member notariats.
16.1.3 Besides administrative powers, the President can only act in accordance with the powers that are conferred on him/her by the General Assembly or Executive Council in the context of their respective jurisdictions.
He or she carries out the daily management of the Association under his or her signature alone.

17.1 The President's missions and powers with regard to CNUE meetings.
17.1.1 The General Assembly and the Executive Council are chaired by the CNUE President.
17.1.2 In consultation with the Executive Council, the President convenes the General Assembly, depending on current events and the CNUE's political requirements.
17.1.3 The President chairs the meetings:
17.1.3.1 presents the items on the agenda, preferably based on written documents distributed prior to the meeting,
17.1.3.2 ensures adherence to the agenda,
17.1.3.3 reports on each item,
17.1.3.4 takes the floor and offers it to others, organises oral contributions,
17.1.3.5 coordinates round-table discussions,
17.1.3.6 summarises the discussions,
17.1.3.7 puts decisions and draft resolutions and positions to the vote,
17.1.3.8 ensures the follow-up of decisions that are adopted (purpose and external use of documents, enforcement measures, etc.).

18.1 The President's missions and powers with regard to the CNUE Office.
18.1.1 The President establishes the general guidelines, priorities and actions to be undertaken.
18.1.2 In cooperation with the Executive Council, the President supervises the CNUE Office's work and in particular:
18.1.2.1 monitors the accounts and Budget and any significant expenditure,
18.1.2.2 takes note of and, if necessary, writes letters regarding everyday policy in cooperation with the CNUE Office,
18.1.2.3 signs official correspondence or authorises the CNUE Office to do so,
18.1.2.4 follows the most important developments and determines any action to be taken.

19.1 The President's missions and powers with regard to the member notariats.
19.1.1 The President ensures good contacts between the member notariats and encourages dialogue.
19.1.2 The President ensures that information is properly disseminated to all the member notariats in general, at the same time and fairly.
19.1.3 The President consults the full members about any urgent issue by any quick written means and takes any necessary measures in agreement with the Executive Council, on condition that he/she informs the member notariats without delay, as well as the next General Assembly.

20.1 The President's missions and powers with regard to the European institutions and other external bodies.
20.1.1 The President is the CNUE's spokesperson and expresses its common positions.
20.1.2 The President represents the CNUE externally and acts on the CNUE's behalf in virtue of the powers granted to him/her by the General Assembly or, in an emergency, by the Executive Council.
20.1.3 The President gives a detailed account of his/her activities to the full member notariats as soon as possible, particularly of those relating to the European authorities.
20.2 The President's missions and powers with regard to third parties.
20.2.1 The President represents the CNUE in the context of contracts agreed with third parties.
20.2.2 The President also signs contracts relating to CNUE personnel.

21.1. Designation
21.1.1 The President is elected for one year. The mandate is renewable once for a period of one year, on proposal by the Executive Council.
21.1.2 As a general rule, prior to election, the President will have completed a mandate as Vice-President within the Executive Council ("incoming Vice-President"). After completing his/her mandate, the President becomes Vice-President once again within the Executive Council ("outgoing Vice-President").
21.1.3 The President is elected by the General Assembly by a three-quarters majority of the votes cast on proposal by a full member notariat. The right to nominate a candidate for election is granted to the member notariats in alphabetical order in French. In the event that the president's mandate is renewed, the right to nominate a candidate is deferred for one year.
21.1.4 The president can be from a notariat other that the notariat holding the right to nominate a candidate.
21.1.5 The notariat concerned is represented by its current President, who shall make any necessary consultations with a view to nominating a candidate for the CNUE presidency.
21.1.6 The CNUE President is not necessarily the current national President, but will preferably have carried out duties of presidency in the representative national body. He/she shall be specially appointed by his/her national President to carry out the duties of CNUE president.

22.1 The Vice-Presidents
22.1.1 The duration of the outgoing Vice-President's mandate shall be the same as that of the President. In the event that the President's mandate is renewed, the Vice-President's mandate shall also be renewed.
22.1.2 The Vice-President called to be elected to the position of President (the incoming Vice-President) shall be elected at the same time as the President and according to the same methods and conditions.
22.1.3 In the event that the President's mandate is renewed for one year, the General Assembly shall vote on the renewal of the incoming Vice-President's mandate for the same duration.
22.1.4 The full member notariat that follows the notariat responsible for proposing a candidate for election as President, according to alphabetical order in French, is entitled to nominate a candidate for election as incoming Vice-President. In the event that the President's mandate is renewed, the right to nominate the Vice-President is deferred for one year.
22.1.5 Candidates for the position of incoming Vice-President shall be specially appointed by their national presidents to carry out the duties of CNUE Vice-President.
22.1.6. The right to nominate a candidate provided for in Articles 21.1.3 and 22.1.4 shall be exercised before the end of July of the year before the persons to be elected would come into office.

The Executive Council
23.1 Composition
23.1.1 The Executive Council takes the place of a board of directors as provided for by the Belgian law of 2 May 2002 modifying the Belgian law of 27 June 1921. Its jurisdiction is limited to what is defined by these statutes.
23.1.2. The Executive Council is composed of seven members: the President, the two Vice-Presidents and four Advisers appointed according to the conditions below.
23.1.3 The four Advisors are from four full member notariats appointed in rotation according to alphabetical order in French. If one of the four notariats (or several of them) is already represented by the President or a Vice-President, it misses its turn, the position of Advisor therefore falls to the next notariat.23.1.4 The Advisers carry out their mandate for a period of one year.
23.1.5 They are not necessarily the national President in office but they will preferably have carried out duties of presidency in the representative national bodies. They shall be specially appointed for this purpose by their national President.
23.2 Powers
23.2.1 The Executive Council assists the President and supervises the CNUE's work.
23.2.2 It follows the work, administration and daily management of the CNUE's everyday affairs. It keeps the register of members provided by law updated and lodges it at the competent registry by the deadline provided by the law.
23.2.3 The members of the Executive Council meet upon invitation by the President and are in regular contact, using all means of communication.

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25.1 The CNUE Office
25.1.1 Acting fully transparently, independently and neutrally, and under the President's authority, the CNUE Office is responsible for CNUE logistics, administrative matters and for keeping members informed.
25.1.2 It is responsible for collecting and disseminating information on Community matters. It processes EU news when it first arrives.
25.1.3 In order to do this, it develops and maintains daily contact with the European bodies and their representatives with a view to informing the member notariats.
25.1.4 It prepares, coordinates and organises the content of the CNUE's meetings.
25.1.5 It provides the secretariat for the General Assemblies and Executive Councils.
25.1.6 It helps the working groups and reporters with the practical and legal aspects of their work.
25.1.7 It assists with projects and helps implement the CNUE presidency's priorities.

26.1 Guests and external professionals
26.1.1. For a very important topical issue, the CNUE can receive guests and external professionals, according to conditions pre-established and pre-determined by the Assembly on proposal by the Executive Council.

27.1 Rules of Procedure
27.1.1 The CNUE's everyday operation depends on a set of rules of procedure agreed by the member notariats and adopted by the General Assembly according to the conditions of majority required to modify the statutes.

The budgetary distribution scale could be reviewed.
28.1 Budgetary distribution scale
28.1.1 The CNUE's annual budget is divided up according to the following scale:

Country                Percentage

France                13.15

Germany                13.15

Italy                13.15

Spain                13.15

Austria                4.2

Belgium                4.2

Greece                4.2

Netherlands            4.2

Poland                4.2

Czech Republic            3.2

Hungary                3.2

Portugal            3.2

Bulgaria            1.7

Latvia                1.7

Lithuania            1.7

Luxembourg            1.7

Slovakia            1.7

Slovenia            1.7

Estonia                1.2

Malta                1.2

28.2 Annual accounts
28.2.1 The annual accounts are finalised on 31 December of each year, established in accordance with the law.

29.1 In the event of the CNUE's dissolution, the General Assembly will decide on the allocation of assets, which shall be done with a disinterested objective and be in accordance with the objectives of the association.

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