Dear KIVI board member, member council member or office staff member,
Herewith an update from the KIVI Regulations Modernisation Committee on the process of introducing new statutes and by-laws.
Holding up the passing of the new statutes at the notary's office
On the advice of the KIVI Regulations Modernisation Committee to the Executive Board, the adopted statutes have not been presented to the notary for passing. As a result, the statutes adopted in December are not yet valid. The reason for this is twofold.
- An amendment to the Administration and Legal Entities Act was published in the Government Gazette on 11 November 2020, effective from 1 July 2021. This affects the association and necessitates some amendments to the articles of association approved in December.
- An incorrect version was mistakenly handed over for approval by the working group that still stated the 3-year term of office for main board members, member council members and divisional board members. The main board had already agreed to the working group's proposal to extend this term to 4 years.
How to proceed
The statutes will be presented again for approval in the members' council on 14 June with amendments on the 2 aforementioned points.
At the same time, the new by-laws will also be presented for approval.
After approval by the members' council, the statutes will be presented to the King for approval in connection with the retention of predicate Royal. In mid-August 2021, the new statutes will then be passed by the notary and become legally valid.
Provision of information
In the period April/May, two webinars will take place explaining the structure of the association and how the responsibilities, rights and duties of directors, member council members and members are defined and what the legal personal complications may be, following from the Administration and Legal Persons Act. Initially, a webinar will take place to inform the main board. Then the other directors and members' council members will be informed with a second webinar. The latter will also be recorded and will be made available as a video presentation for new future directors and members' council members.
At the beginning of May, you will still have the opportunity to comment on the new rules of procedure in a Teams Meeting or in writing, which may still lead to changes.
On behalf of the KIVI Rules Modernisation Committee,
ing. Hans van der Velden