UNSAR
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Uniunea Nationala a Societatilor de Asigurare din Romania
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UNSAR Statute
Name, form | Activity | The management bodies | The General Secretary | The Auditors Commission | The Patrimony | The Membership Dues | Sanctions | UNSAR Break-up | Final Provisions

Name. Form

Article no.1.
The National Association of the Insurance and Reinsurance Companies (UNSAR) is a professional, non-governmental, non-political, independent, non-lucrative organisation set up with the aim of developing and extension of the collaboration and co-operation in insurance and reinsurance.
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Activity

Article no.2.
The studying, analysing and adoption of joint decisions in insurance and reinsurance matters, permanent keeping in touch and contact between the internal and international bodies interested in this field.

2.1. It represents the common position of its members in front of the authorities and other bodies and forums within the country and abroad;

2.2. It defends and represents the interests of the Romanian insurers and reinsurers, UNSAR members;

2.3. It popularises and promotes, within the members the advanced concepts, techniques and methods in insurance and reinsurance field;

2.4. It supports and, eventually, finances the published works which serve the interests the insurance activity and the information on insurance, as well as the population's education regarding the necessity of insurance;

2.5. It participates to reach a common position in the preparation of the regulations regarding the insurance;

2.6. It organises actions, exchanges of opinions, with the scope of observing the ethics and loyal competition between its members;

2.7. Co-operates for establishing and promotion of the permanent contacts between its members;

2.8. It constitutes, if necessary, technical teams and places at their disposal the necessary means for their functioning;

2.9. It offers consulting by the speciality commissions, to its members;

2.10. It helps getting, processing and the exchanging the most recent data and information regarding the insurance activity, internationally;

2.11. It informs upon the most proper methods used abroad, regarding the educative side of the insurers upon the insureds, meaning the loss prevention and the limitation of their effects;

2.12. It informs and advertises the insurance activity in Romania;

2.13. It organises and supports the organisation of courses, seminars, exchanges of experience for the staff in insurance and reinsurance activity and develops studies and researches regarding the Romanian insurance and reinsurance market, as compared to the international experience in this field;

2.14. It co-operates with the similar bodies, associations and organisations from other countries and participates at the activity of the similar profile bodies, in order to get data and information and performing exchanges of experience internationally, in this field;

2.15. It supports the insurance companies, UNSAR members regarding the international co-operation and reinsurance;

2.16. It facilitates the exchanges of experience and documentation in the activity field to its members abroad;

2.17. It supports and facilitates to the members to join the international bodies in insurance;

2.18. It may help its members, by request, to choose the most profitable investments of their own accumulations allowed to the insurance companies according to the provisions of the existing regulations in force;

2.19. It encourages the development of the reinsurance relations between UNSAR members;

2.20 It initiates the setting up the arbitration in insurance and other bodies having the activity related to insurance, which will contribute to the development of the Romanian insurance market, including the establishing an institute for training in insurance field;

2.21. It informs the supervisory bodies of the insurance and reinsurance about the illegal practices in the functioning of certain insurance companies and proposes to adopt the legal measures;

2.22. It studies and proposes measures related to the following domains, related to the compulsory insurance, to the authorities in charge: organising the risk prevention, population protection and the national patrimony protection, preparing the tariffs for risks, clauses of the insurance and reinsurance contracts, agreements for loss indemnity, the limits of the tariffs for the insurance services of any type;

2.23 It promotes any other activities aiming to contribute to the effective fulfilment of its objectives;


Article no.3. UNSAR can set up specialised bodies that will group the members who are interested in specific/technical domains of the insurance activity.

Article no.4. Members of UNSAR can become the insurance companies, reinsurance companies, and the insurance-reinsurance companies registered in Romania.
The Companies that are UNSAR members cannot be members in other professional insurance organisation (associations, unions, foundations etc.) from Romania. Excepted from this rule are the insurance and reinsurance companies that are members of Green Card Bureau.
The members will be represented by the Presidents, General Managers of the respective companies or by any other person from the company's management, authorised in a written form.
The UNSAR members accept and recognise the present statute. The membership may be requested by adhesion, based on the application for membership submitted to the Managing Committee. The members who participate to the Constitutive General Assembly are considered as founding members.

Article no.5. The applications for membership are analysed and submitted for approval to the General Assembly by the Managing Committee of the UNSAR.

Article no.6. The UNSAR members have the following rights and obligations:

a. to participate at the meetings of the General Assemblies of UNSAR and to observe the statute provisions, supporting the fulfilment of the UNSAR objectives;

b. to pay the membership dues during the payment period, established by the General Assembly, to cover the UNSAR functioning expenses and to support, by all means, the fulfilment of all the objectives provided in its activity plan;

c. to make available all the data and information asked by UNSAR, which are necessary for the fulfilment of its objectives, on the condition that, in this way, not to affect the business interests of the respective members;

d. to inform UNSAR about the topics they find out or the measures they adopt related to the common interests of the UNSAR members;
All the members have the right to participate at the General Assemblies and they can vote, each of them having one vote.

Article no.7. The members have the right to withdraw from UNSAR anytime, under the condition of a notification in written form, at least 6 months in advance.

Article no.8. The exclusion of a member is performed in the frame of the General Assembly, at the proposal of the Managing Committee. A member can be excluded if, by its activity, or by its position brings voluntarily prejudices to the interests of UNSAR.

Article no.9. The members who withdrew or have been excluded have not any right upon the UNSAR patrimony.
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The Management Bodies

Article no.10. The UNSAR management bodies are the following: the General Assembly and the Managing Committee.

Article no.11. The General Assembly is the UNSAR management body and is made up by all the UNSAR members.

Article no.12. The UNSAR General Assembly meetings take place twice a year in ordinary sessions and, whenever is necessary, in extraordinary sessions. The calling of the extraordinary sessions is made by the Managing Committee, at its initiative or at the proposal, in written form, of at least one third of the UNSAR members. The calling has to mention the place, the date and the hour when the meeting takes place, as well as the agenda.
To be statutory, two thirds of the members have to participate at the General Assembly meetings.
The General Assembly adopts valid measures with majority of votes of the participants. In case in the General Assembly do not participate the minimum number of participants required by the statute, a new call will be done, which will adopt decisions with the absolute majority of the present members, irrespective of their number.
In case that membership due and other agreed fees are not paid, these fees will be brought up to date with devalorization ratio, from settling day until the date of effective payment.
Article no.13. The decisions regarding the UNSAR breaking up or the eventual changes in respect of its activity are adopted with at least 2/3 of the total number of the UNSAR members.

Article no.14. The General Assembly has the following attributions:

a. issues the policy and the directions for the fulfilment of the objectives mentioned at the article. no.2.

b. approves the applications for membership;

c. elects the President, the Prime-Vice-President, the Vice-president and the other members of the Managing Committee and sets up its commitments;

d. ratifies the documents having the emergency or exceptional character, in the competence of the General Assembly, adopted by the Managing Committee between its sessions;

e. dismisses - individually or collectively - the members of the Managing Committee;

f. approves the annual budget of the UNSAR;

g. establishes the level of the membership dues of the UNSAR members for the following year with at least three months before the end of the year;

h. examines and approves the annual balance sheet and the annual reports of the Managing Committee;

i. analyses and approves the UNSAR annual program;

j. analyses and approves the UNSAR annual report and the way in which the funds created by the annual membership dues are utilised;

k. elects the auditors from the persons authorised by law and sets up their remuneration;

l. excludes the UNSAR members who do not observe the obligations included in the statute or act in an incompatible way with its objectives;

m. decides upon the UNSAR breaking up;

n. decides in any other topic.

Article no.15. The Managing Committee is the body, which assures the operational activity of UNSAR between the General Assembly meetings.

The Managing Committee is made up by:
- 1 president;
- 1 prime-vice-president;
- 1 vice-president;
- members.

The Managing Committee is made up by at least seven UNSAR members, elected by the General Assembly. The number of the members can be extended, based on the General Assembly proposal, as the members number of UNSAR increases.

Article no.16. The attributions of the Managing Committee are the following:

a. hires and fires the UNSAR employees, according to the law, considering the necessity of the fulfilment of the commitments and functions of the Managing Committee.

b. sets the rights and obligations of the UNSAR employees, in order to fulfil its objectives;

c. adopts measures in order to fulfil the UNSAR objectives as long as they are not in the competence of the General Assembly;

d. establishes the necessary measures for organising and developing the auditing in UNSAR;

e. prepares and calls for the ordinary and extraordinary sessions of the General Assembly and takes care of their proper development;

f. examines the annual reports and submits them for approval to the General Assembly and issues the annual report regarding the UNSAR activity, as well as the incomes and expenses budget which will be submitted to the General Assembly for approval;

g. issues the annual activity program draft;

h. represents UNSAR in the relations with third parties, in the Court and with other organisations;

i. decides in any other management topics related to the proper activity of UNSAR;

j. can recommend, by request, consultants for different researches, projects and insurance programs;

k. facilitates the participating to reunions, symposia, conferences, congresses and other forms of national and international meetings related to theoretical and practical insurance topics;

l. organises, on an annual basis, UNSAR awards for the activity developed in insurance field;

m. submits annual report at the mandate expire;

n. organises and controls the development of the training activity in insurance , according to the law provisions;

o. adopts exceptional and urgent measures for which the General Assembly is competent and submits them for ratification at the next session;

Article no.17. The members of the Managing Committee are elected for a three years mandate, among the UNSAR members. They may be re-elected for the second consecutive mandate. In case of a seat vacancy, a new member must be elected by the expire of the existing mandate.

Article no.18. The Managing Committee meets whenever necessary, at the UNSAR headquarters, but at least once a month, and adopts decisions with the majority of its members.

Article no.19. The President, or in his absence, the vice-president of the Managing Committee represents and commits UNSAR, within the statute limits or the decisions of the General Assembly.

Article no.20. According to the number of members and the magnitude of the activity, the Managing Committee may set up working commissions, for different fields, such as:
a. Legal and Fiscal Commission;
b. Economic and Social Commission;
c. International Relations Commission;
d. Training Commission;
e. Association, conciliation and domestic relations.
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The General Secretary

Article no.21. The Managing Committee hires and fires the UNSAR General Secretary. The General Secretary manages the activity of the UNSAR employees, controls and performs the secretariat activity of the General Assembly meetings and of the meetings of the Managing Committee.
The General Secretary represents UNSAR within the limits of the mandate given by the Managing Committee.
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The Auditors Commission

Article no.22. The General Assembly appoints, according to the law, an auditors commission, out of which one has to be an chartered expert accountant, for a three years mandate.

Article no.23. Annually, the auditors commission will submit a report on the accounting activity of UNSAR.
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The Patrimony

Article no.24. The UNSAR patrimony is made up by membership dues and members' donations, by other goods and resources as well as by the admission fee for new members. UNSAR may receive goods and assets form natural and legal persons, either Romanian or foreign, for free, if by this, it does not act contrary to the scope and objectives of UNSAR.
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The Membership Dues

Article no.25. The dues level is established annually, as a lump sum, based on the proposal of the Managing Committee. The amount of the admission fee is established by the General Assembly, at the proposal of the Committee Board, according with the contributions of the other members to the UNSAR patrimony.
At least 50% of the agreed membership due will be paid in advance until the 1st of December of the current year and the difference, until the end of the first semester of the following year.

Article no.26. The UNSAR members may participate at the total or partial sponsorship of different activities organised by UNSAR, according to the law, in order to reach the targets it proposed.

Article no.27. The UNSAR incomes will be used for covering the UNSAR expenses, related to the UNSAR functioning or for any activity in conformity with UNSAR scope, approved by the General Assembly, or by delegation, by the Managing Committee.

Article no.28. UNSAR may not conclude any debt or any other financial commitments, excepting the commitments to pay the expenses for the meetings, conferences, administration and other operating activities approved by the Managing Committee or by the General Assembly.
In case at the end of the financial year, there are positive differences between the total incomes got form the membership dues, donations and other sources and the effective expenses, the difference will be considered for the establishing the membership dues level for the following year.

Article no.29. The first financial year starts when UNSAR becomes a legal person and ends on the 31st of December of the same year.

Article no.30. The UNSAR headquarters is in Bucharest, 6, Stavropoleos Str., sector 3.

Article no.31. The UNSAR duration is unlimited. The General Assembly is the only body that can decide the UNSAR breaking up with 2/3 of the total number of members.
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Sanctions

Article no. 32. In case of non-observance of the obligations foreseen in art. 6, the Committee Board will propose to General Assembly to take the following measures:
a. The suspending of the right to vote for a period of time established by the General Assembly;
b. The excluding from UNSAR.
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UNSAR Break-up

Article no.33. In case the UNSAR breaking up was decided by the General Assembly, the patrimony liquidation will be made by the Managing Committee or by the persons appointed by the General Assembly to do it.

Article no.34. The legal personality of UNSAR ceases by Court decision in the following cases:

a. the scope and activity became illegal, against the moral and public order;

b. reaching the scope UNSAR was created for is done by illegal means, against the moral or public order;

c. UNSAR, without being authorised by the competent bodies aims another scope or develops other activities than those included in its field of activity;

d. the decisions of the General Assembly have been adopted by violation of the statutory provisions or of the regulations in force.
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Final Provisions

Article no.35. The provisions of the UNSAR statute can be modified by the General Assembly with 2/3 votes of its members.
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