Terms and Conditions
CHAPTER II
On Membership
ACIS is open for membership to:
Sixth Article
a) All natural or legal persons, whether private or public, national or foreign, residing or not in national territory, who develop or have an interest in developing commercial or industrial activities in Mozambique.
b) Persons who are in the situation described in number four of the following article.
Seventh Article
(Categories)
1. ACIS has three categories of associated members, namely:
a) Founding Members;
b) Full Members;
c) Honorary Members.
2. Founding members are those present or represented at the act of incorporation of ACIS.
3. Full members are those who are admitted after the incorporation of ACIS and duly pay their monthly membership fees.
4. Honorary members are those who are granted the status of member as a distinction for services and support provided to ACIS.
5. The creation of new membership categories falls under the competence of the General Assembly.
Eighth Article
(Admission Procedure)
1. The admission of full members falls under the competence of the Board, which will verify whether the candidates meet the requirements of paragraph a) of article Six.
2. Appeal may be lodged at the General Assembly against the decision taken in terms of the previous number by the Board of Directors.
3. The admission of honorary members falls under the competence of the General Assembly, on proposal of the Board of Directors or of at least five founding or full members.
4. The internal regulations of ACIS shall establish supplementary rules on procedures for the admission of new members.
Ninth Article
(Loss of Membership)
1. Those members of ACIS lose membership who:
a) Notify management in writing of their intention to disengage from ACIS;
b) No longer satisfy the requirements referred to in the sixth article;
c) Are excluded due to repeated non-compliance with their statutory and regulatory duties, or due to disregarding the resolutions validly taken by the ACIS social bodies.
2. The notification referred to in paragraph a) of the preceding number shall take effect thirty days after its submission.
3. The loss of membership as referred to in paragraphs b) and c) of number one of this article is decided by the ACIS management and shall be preceded by a hearing of the member in question.
4. The loss of membership as a result of non-payment of the monthly contribution for a period of more than 120 days shall constitute a cause for expulsion of the member, to be triggered at the initiative of the management, without the member being entitled to any prior hearing or consultative process.
The member who loses membership due to nonpayment of the monthly contribution may, during the next 24 (twenty-four) months, request his reinstatement as a member, provided that he settles all debt due from the date of his expulsion and the date of his request for reinstatement, without however being allowed to claim the exercise of membership rights for the time in which he was expelled from ACIS.
If the period of expulsion exceeds the period referred to above, the former Member may request new membership, subject to the prevailing rules for the registration of new ACIS members.
5. The member who loses membership cannot claim the restitution of any contributions made to ACIS.
Tenth Article
(Rights of Members)
1. The rights of members are:
a) Attend the General Assembly;
b) Elect and be elected to the association bodies;
c) Submit to management such matters as they deem appropriate;
d) Use the services and information provided by ACIS;
e) Request, under the statutory terms, the convocation of Extraordinary General Assemblies;
f) Request the intervention of ACIS in matters that may threaten commercial and industrial activity in general, or the interests of members in particular;
g) Enjoy and exercise the other rights provided for by law and in these bylaws.
2. Honorary members shall only enjoy the rights mentioned in paragraphs c), d), f), g) and h) of the previous number, as well as the right to attend, without voting rights, the General Assembly for which they have been specially invited.
Eleventh Article
(Duties of Members)
1. The duties of members are:
a) Pay the entrance fee and the monthly dues;
b) Whenever the Board deems it absolutely necessary, contribute an amount fixed by the General Assembly, to cover costs related to programmes carried out by ACIS;
c) Exercise the functions in the association for which they have been elected;
d) Collaborate with management in realizing programmes approved by the General Assembly;
e) Accept and comply with the statutory provisions, the internal regulations and the resolutions of the association bodies;
f) Attend the General Assemblies for which they have been invited;
g) Contribute to the good repute of ACIS and to its development;
h) Promote the accession of new members;
i) Comply with the other duties stipulated in the law and the bylaws.
2. The provisions in paragraphs a), b) and c) of the previous number do not apply to honorary members.
Twelfth Article
(Disciplinary Offences)
Disciplinary offences are:
a) Acts of contempt and offensive references made against members of the association bodies or of other associations;
b) The immoderate use of language or the taking of inappropriate attitudes within the premises of ACIS;
c) Any acts that are discrediting ACIS;
d) The violation of provisions and regulations of a mandatory nature and of the decisions or resolutions of association bodies;
e) Failure to comply with membership duties;
f) Failure to pay membership dues for more than 30 days after being notified in writing to do so.
g) Any conviction under the commercial and financial laws of Mozambique.
Thirteenth Article
(Disciplinary Measures)
1. ACIS may apply the following disciplinary actions to members who commit the disciplinary infractions listed in the previous article:
a) Written warning;
b) Public censure;
c) Fine;
d) Suspension of rights;
e) Exclusion;
2. It is incumbent upon management to apply the disciplinary measures.
3. The names of the members excluded pursuant to this article shall be put on a list, which shall be posted at the ACIS head office for a period of not less than 30 days and which shall also include the amount of debt (if any) or the reason for exclusion.
Fourteenth Article
(Resources)
1. The disciplinary measures of suspension of rights for more than ninety days and of exclusion, applied by management, shall be subject to the right to lodge an appeal with the General Assembly within thirty days from the date of receipt of the notification of the disciplinary measure by the Member.
2. The appellant member may attend the meeting of the General Assembly that considers the appeal, but without the right to vote.
3. There is no appeal against the decision to expel the member if such expulsion is taken for reasons of nonpayment of the monthly contribution, as provided for in paragraph 4 of article 9 above.
Fifteenth Article
(Execution of Disciplinary Measures)
1. Disciplinary measures shall only be implemented and take effect from the date on which they are communicated to the interested parties and the respective notice is posted at the ACIS head office.
2. Failure to hear the accused member constitutes a ground for insuperable nullity, rendering null and void all punitive resolutions or decisions and without force and effect the disciplinary measure applied, without prejudice to the approval of the useful part of the respective process.
CHAPTER Ill
Entrance Fees and Dues
Sixteenth Article
(Entrance Fees)
1. All members, with the exception of the honorary members, are subject to the payment of an entrance fee, as established by the Board of Directors, and which is in force at the time of their admission.
2. The fee amount may be updated by resolution of the Board of Directors and may only be applied to candidates for membership who express their intention to join ACIS at a date after the fixing of that fee.
Seventeenth Article
(Dues)
1. All members, with the exception of the honorary members, are subject to the payment to ACIS of a monthly due by the 5th day of the month concerned.
2. The value of the monthly due is established and updated by resolution of the Board of Directors.