By-laws

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BePLA | By-laws

Form and Name

The Association is a "feitelijke vereniging"/"association de fait". Its name shall be "Belgian Pension Lawyers Association", abbreviated "BePLA"

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BePLA | By-laws

Form and Name

The objects of the Association are:

(a) to promote awareness of the importance of the role of law in the provision of pensions, disability, medical and other related benefits (hereafter referred to as "Pensions Law") and in defining the relationships between employers, pension funds, insurance companies, employees, beneficiaries and other stakeholders;

(b) to afford opportunities for the discussion and consideration of Pensions Law matters of interest to Members of the Association;

(c) as an independent organisation, to make representations to other organisations or authorities or governments on Pensions Law;

(d) to liaise with other international or foreign associations of pension lawyers; and

(e) to do all such other lawful things as are incidental to or conducive to the attainment of the above objects or any of them.

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BePLA | By-laws

Membership

Membership Conditions

Any person who satisfies the Steering Committee that:

(i) he (1) is a member of a Belgian bar (advocaat/avocat);

(ii) a significant portion of his work includes advising on, or litigation relating to Pensions Law;

(iii) he had, immediately prior to his application, been engaged in such work as a lawyer for a period of at least 3 years, or had followed specialised training with a view to doing so; and

(iv) he subscribes to the objects of the Association and these By-laws; is eligible to become a Member.

Membership Applications, Suspension and Exclusion

The Steering Committee shall have the right to refuse admission without giving reasons for such refusal.

Should the circumstances of any person at any time so change that in the opinion of the Steering Committee he would not satisfy the membership conditions if he were at that time applying for membership, or should the conduct of any Member result in circumstances or consequences which are likely to lead to placing the Association or the Member in disrepute or to a misrepresentation of the Association, the Steering Committee shall have discretion to suspend or terminate his membership.

A Member who ceases to satisfy the requirements of membership solely by reason of retirement may remain a Member during retirement.

(1) In these by-laws, the masculine shall be deemed to include the feminine.

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BePLA | By-laws

General Meetings

General Meetings shall be convened by the Steering Committee or on the requisition of at least three Members. At least 14 days' notice shall be given to Members on calling a General Meeting. In lieu of a General Meeting the Steering Committee shall have the power to arrange for a ballot by electronic mail of the Members of the Association on any matter which is not reserved to an Annual General Meeting.

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BePLA | By-laws

Voting in General Meetings

Voting at a General Meeting shall be by a show of hands of the Members or, if the Chairman so decides or a member so requests, by a secret ballot of those Members present in person or by proxy. Voting may be by proxy.

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BePLA | By-laws

Annual General Meeting

The Steering Committee shall call an Annual General Meeting each year at which the annual accounts shall be presented, and such other business as the Steering Committee thinks fit.

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BePLA | By-laws

Membership Fees

A membership fee of 75 EUR shall be payable in advance on 1 January in respect of each Member. The fee for a subsequent year may be varied without notice by the Steering Committee.

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BePLA | By-laws

The Steering Committee

The Association shall be administered by a Steering Committee comprising at least three members. The Steering Committee shall have the broadest powers to administer the Association.

The Steering Committee may appoint from among its members a Chairman, Vice-Chairman, Treasurer and Secretary of the Association for such period and on such terms as may be specified at the time of such appointment.

The Steering Committee may delegate any of its powers to any one or more of its members or such other persons as it may decide in its discretion.

The members of the Steering Committee shall be elected for a period of four years by the Members of the Association following a democratic voting procedure established by the Steering Committee. Elections shall be held every two years for one-half of the members of the Steering Committee. Mandates on the Steering Committee shall be renewable.

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BePLA | By-laws

The Opinion Committee

The Association shall have an Opinion Committee comprising at least five members. The Opinion Committee shall be in charge of making representations to other organisations or authorities or governments on Pensions Law. Such representations shall address technical aspects of Pensions Law, based on practical experience, without advocating the positions of employers, pension funds, insurance companies, employees or beneficiaries or other stakeholders.

The Opinion Committee shall consist exclusively of senior Members of the Association with more than five years practical experience in Pensions Law. The Opinion Committee shall co-opt its members. Mandates on the Opinion Committee shall be for an indefinite period.

The Opinion Committee may appoint from among its members a Chairman.

The Opinion Committee may associate experts or ad hoc members to its activities.

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BePLA | By-laws

Committee Meetings

Meetings of the Steering Committee, the Opinion Committee or any other Committee that the Association may constitute shall be held as the relevant Committee thinks fit.

Meetings shall be convened by the Chairman or on the requisition of at least two Committee Members. At least 7 days' notice shall be given, except in urgent cases. In lieu of a meeting the Chairman shall have the power to arrange for a ballot by electronic mail of the Committee.

Resolutions can be taken by a majority of the votes of the Committee members present or represented at a meeting.

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BePLA | By-laws

Income and Expenditure

The Treasurer shall keep the accounts of the Association and shall submit such accounts for approval at the Annual General Meeting.

The banking account shall be in the name of the Association and withdrawals, cheques, transfers and other instructions to the bank shall require the authority of any one Steering Committee Member, in the case of sums up to 1,000 EUR or such other sum as the Steering Committee shall by resolution authorise from time to time and any two Steering Committee Members in the case of sums in excess of that amount provided that no-one may be the sole authority for a payment to himself or his own firm.

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BePLA | By-laws

Secretariat

The Secretariat of the Association shall be organised at the office of the law firm to which the Secretary of the Association belongs.

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BePLA | By-laws

IPEBLA Country Chapter

The Association shall operate as the Belgian Country Chapter of the International Pensions and Employee Benefits Lawyers Association (IPEBLA). For this purpose, the General Meeting shall elect a Country Representative for a term of four years, which shall be renewable. The Country Representative shall represent the Association within IPEBLA and act as a contact person for other international or foreign pension lawyers' associations.

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BePLA | By-laws

Amendments

These By-Laws may be amended by resolution of a simple majority of the Members in General Meeting, subject to notice of change having been given at the same time the General Meeting is convened.