Chapter 4

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:

  1. consider, approve or modify the annual report, general balance sheet, inventory, expense and income account and report presented by the Fiscal Commission;
  2. elect, if warranted, the members of the Fiscal Commission and the Electoral Commission;
  3. establish membership fees and determine procedures for updating them if necessary, procedures that shall be implemented by the Board of Directors;
  4. consider any other matter included in the agenda;
  5. 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.