CHAPTER
IV
ASSEMBLIES
ARTICLE 12:
The General
Assembly, acting in concordance with the bylaws, is the sovereign organ of the
institution. It is made up of all members of the institution who are entitled
to participate in it, and will take any decisions of interest to the
membership, adjusting to the bylaws and any legal and regulatory norms which
may be applicable.
ARTICLE 13:
There shall be two types of General Assemblies: Ordinary and
Extraordinary. Ordinary General Assemblies shall be held once a year, within
the first six months after the closing of each financial year, the date of
which is set as December 31, and these assemblies shall:
- consider, approve
or modify the annual report, general balance sheet, inventory, expense and
income account and report presented by the Fiscal Commission;
- elect, if warranted,
the members of the Fiscal Commission and the Electoral Commission;
- establish
membership fees and determine procedures for updating them if necessary,
procedures that shall be implemented by the Board of Directors;
- consider any
other matter included in the agenda;
- consider any matter proposed by no less
than five percent of the members and presented to the Board of Directors within
thirty days of the closing of the financial year.
* Article
modified at the Member Assemblies held on 24 April, 2003 and 29 May, 2008.
ARTICLE 14:
The Extraordinary Assemblies
will be convoked whenever the Board deems it necessary, or when requested by
the Fiscal Commission, the Electoral Committee or 5% of the members with voting
rights. These requests must be resolved within a term of 10 days, and the
Assembly be held within 30 days thereafter. If the request is not considered or
turned down without due basis, the Fiscal Commission may be required to convoke
under the same terms and proceedings.
* Article modified at the Member
Assembly held on 29 May, 2008.
ARTICLE 15:
Assemblies shall be summoned by means of circulars sent to the
postal or e-mail addresses of the members thirty days in advance. The Annual
Report, General Balance Sheet, Inventory, Expense and Income Account and Fiscal
Commission Report must be submitted with the same anticipation. When bylaws or
regulatory modifications are submitted for the consideration of the Assembly,
the content of said modifications must also be submitted to the members with
the same anticipation. Assemblies may not consider matters other than those
expressly included in the agenda, unless full membership is present and the
incorporation of the matter is approved by unanimous vote.
* Article modified at the Member Assemblies held on 24 April, 2003 and 29 May, 2008.
ARTICLE 16:
The
Assemblies will be held validly, even in those cases of bylaw modifications and
membership dissolution, no matter how many members are present, half an hour
after the time established by the convocation, providing an absolute majority
with voting rights were not already present, They will be presided over by the
President of the entity, or, failing that, by whom the Assembly designate
through simple majority of votes cast. Whoever is acting as President will have
a decisive vote in the case of a tie.
ARTICLE 17:
Resolutions shall be adopted by absolute majority of cast votes,
except in those cases where these bylaws expressly refer to other majorities.
Members of the Board of Directors and of the Fiscal Commission may not vote on
matters relating to their terms of office. Members who join the Assembly after
it has begun may only vote on the matters which have not yet been decided. In
the case of decisions that affect the requirements and conditions for the
member categories established in Article 6, the conformity of the absolute
majority of Active Members present shall be required. These requirements
complement those specifically established for reforming the Bylaws.
* Article modified
at the Member Assemblies held on 24 April, 2003 and 29 May, 2008.
ARTICLE 18:
With the
anticipation foreseen in article 15, the list of members with voting rights
will be exhibited to all members, who may present any claims up to 5 days prior
to the act, and which must be resolved within the following 2 days. Those
members whom, although they may be behind in their membership quota payments,
and who have not lost their member status, will not be excluded from this list,
although they may be prevented from participating in the Assembly if they have
not made their due payments prior to the date of the Assembly.
ARTICLE 19:
Assembly
discussions shall be conducted in the spirit of constantly seeking consensual
agreement.
In case voting
becomes necessary, Active "B" and Founding Members shall be entitled
to one vote; Active "A" Members shall be entitled to 1 to 5 votes,
depending on the address space they have been assigned, in such a way that
those administering the greatest amount of IP numbers have the greatest number
of votes.
This
classification shall be made according to the following criteria:
- LEVEL 1: Active
A Members that: i) administer IPv4 addresses equivalent to a /19 block or
shorter of the address space assigned to Latin America and managed by LACNIC;
or ii) administer Ipv6 addresses, shall be entitled to one vote.
- LEVEL 2: Active
A Members that administer IPv4 addresses equivalent to a block longer than a
/19 and shorter than a /16 block of the address space assigned to Latin America and managed by LACNIC shall be entitled to two votes.
- LEVEL 3: Active
A Members that administer IPv4 addresses equivalent to a block longer than or
equal to a /16 block and shorter than a /14 block of the address space assigned
to Latin America and managed by LACNIC shall be entitled to three votes.
- LEVEL 4: Active
A Members that administer IPv4 addresses equivalent to a block longer than or
equal to a /14 block and shorter than a /11 block of the address space assigned
to Latin America and managed by LACNIC shall be entitled to four votes.
- LEVEL 5: Active
A Members that administer IPv4 addresses equivalent to a block longer than or
equal to a /11 block of the address space assigned to Latin America and managed
by LACNIC shall be entitled to five votes.
Whenever
technological advances require the use of new criteria or new terminology for
assigning IP address space, the Board of Directors, with the vote of two thirds
of its members, shall be responsible for establishing the equivalences of the
new address blocks with the five levels herein established, without modifying
the spirit of assigning more votes to those members administering larger
address spaces.
The votes of
Members that qualify for than one category shall not be cumulative; these
members shall only be entitled to the number of votes corresponding to the
category with the largest number of votes.
* Article modified at the April 24, 2003 and March 31, 2004 Member Assemblies.