Statute

By Resolution N 1 of founding convention of «French University in Armenia» foundation, September«25», 2003 

Convener: Henry Cuny
 

RA State Legal Entities of the Central Body   
Registration date: 13.11.2003
Registration number: 222 160 00223
Certificate of registration:  03U061130

STATUTE OF ''FRENCH UNIVERSITY IN ARMENIA'' FOUNDATION

 

1. General Issues


1.1.  In line with "Cultural, scientific and technical cooperation agreement" signed between the governments of the Republic of Armenia and the French Republic in Yerevan on 04.11.1995, as well as the agreement signed between RA Ministry of Education and Science and the Embassy of France in Armenia ”On the Foundation of French-Armenian Higher Educational Establishment” on 22.10.1998 and in accordance with the Statement of Intent main issues  “On Establishment of French University in Armenia” signed between the RA Ministry of Education and Science and the Embassy of France in Armenia on 23.11.1998, taking into consideration the need for education system improvement, also aiming at the implementation of the rich experience of France in the process of higher education project realization, its renewed projects and criteria, in line with RA Government Resolution N 861 of 10.07.2003, the Republic of Armenia, whereas the right to act on behalf of Republic of Armenia is conferred  to   RA Ministry of Foreign Affairs, and RA Ministry of Education and Science and to the French Republic, whereas the right to act on behalf of the latter is conferred to Embassy of France in Armenia, have agreed upon the establishment of  “FRENCH UNIVERSITY IN ARMENIA” FOUNDATION (hereinafter referred to as University), which is a non-commercial non-affiliated organization created  by the Republic of Armenia and the French Republic (hereinafter referred to as Founders) on voluntary property and non-property investments  and pursues educational, scientific goals. The University will adhere to the traditions of "French University in Armenia" LLC in line with the agreements signed on February 15, 2001 at Lyon  commercial industrial enterprise and on May 15, 2001 with Jean Moulin Lyon 3 University.


1.2. The University was established by the Founders’ Resolution N1 on September 25, 2003.


1.3. The University was established in accordance with the civil code of the Republic of Armenia, RA legal requirements “On foundations” and its activities shall be governed by the Legislation of the Republic of Armenia, by international treaties of the Republic of Armenia, laws, other legal acts and the present statute.

1.4. The University functions adhering to the principles of legitimacy, self-financing, self-governance and publicity.

1.5. The University location is Yerevan, Davit Anhaght 10, 1st Subsidiary Building.

1.6. The full name of the University in Armenian is «Հայաստանում ֆրանսիական համալսարան» հիմնադրամ, ՀՖՀՀ, the full name in French is Fondation "Université Française en Arménie" UFAR for short.

1.7. The University pursues neither political, nor religious goals. Nor does it support any political party.


1.8. The University conducts its activities throughout the territory of the Republic of Armenia.


1.9. The initial property of the University is developed due to the founders’ investments. 
By RA Resolution the 1st Subsidiary building of the dormitory of RA Ministry of Education and Science  University at Davit Anhaght 10 was  allocated by way of property investment in the University creation, its initial value being 1 (one) million Euros. The aforementioned subsidiary building is given to the University repaired and furnished.
As the representative of the founder, namely the French Republic, the French Ambassador to Armenia in line with point 1.4 principles is entitled to create academic programs, to further improve them and to transfer educational know-how technologies and intellectual property to the University for the sake of academic program realization. The initial value of the aforementioned investment is 1 (one) million Euros.

1.10. The symbol of the University along with its explanation are given in Appendix 1 of the present Statute.

 

2. The Aim of University Activities and Potential Beneficiaries


2.1. The activities of the University aim:
a) to provide   relevant conditions for the University to develop higher education and student project institutes based on the model of French Universities and French «Higher schools» in line with the European and international standards, enabling the University to assume the role of the regional educational center.

b) to organize higher educational curriculum in Armenia  awarding with University diplomas  which are recognized both in Armenia and in France. If demanded, the aims of University activities can be expanded by the Board of Trustees decision.

2.2. In line with the aims promulgated in point 2.1. of the present Statute the potential beneficiaries of the University shall be:

a) University students and specialists of Law, Economics, Business, Management, Accounting and French (obligatory for the students to get their diplomas);

b) students left out of the general education system who wish to take preparatory courses in order to enroll with the University,

c) the confirmed leaders, employees of state and the acting heads of the aforementioned spheres who are entitled to participate in specialized academic programs  and the related conferences.

 

3. University Legitimacy                                                                                                                                                                                                                                                                

3.1. The University legitimacy shall come into force since its state registration and stop by rescission.


3.2. The University shall acquire the status of a legal entity since state registration.


3.3. The University shall be entitled to all the rights and obligations of a legal entity.


3.4. The University has civil rights in line with its goal-setting activities stated in the present Statute and  fulfils corresponding obligations. The University exercises its civil rights including the right to defend them at its own discretion. The refusal to exercise those rights on behalf of the University shall not lead to their cessation except the cases foreseen by law.

3.5. The University:
a) shall receive grants and donations;

b)  is the owner of the allocated property and is accountable for that property;

c) shall on its behalf exercise property and nonproperty rights and obligations with regard to their obtainment;

d) is entitled to act as an accuser, a litigant or third party;  

e) shall have an independent balance;

f) shall have a seal, bank accounts in RA currency and foreign currency;

g)shall have a stamp and other paraphernalia peculiar to a legal entity.


3.6. The University shall be entitled: 
a) to obtain inventory including bonds and to own, dispose and implement the latter and its profit in line with the requirements of law unless contrary to applicable law;

b) to sign agreements and assume rights and liabilities in accordance with the procedure defined by the RA law.

The University shall also assume other rights in accordance with the procedure defined by the RA law.


3.7. The rights of the University shall only be restriced in accordance with the cases and the procedure defined by the RA law, as well as by the decisions of the Board of Trustees in accordance with legal requirements.


3.8 The University acquires and exercises civil rights willfully and for its own benefit.

The University is entitled to establish its rights and liabilities on the basis of the agreement and to decide on any provision unless it is contrary to RA legislation.


3.9. The University is entitled to defend its civil rights in accordance with all the means non-prohibited by RA legislation.

3.10. In  line with the goals and activities stated in point 2.1 of Appendix 2 of the present Statute with regard to the realization of unforewarned entrepreneurial activities the University is entitled to create economic companies or be their member.

 

4. The University’s and Its Founders’ Responsibility and Publicity of Its Activities


4.1. The founders shall bear no responsibility for the obligations of the University they have established, neither shall the University bear any  responsibility for its founders’ obligations;


4.2. The University shall bear responsibility for its obligations with all the property that it owns by the right to property;


4.3. The University shall promulgate information in accordance with the procedure defined by law within 6 months after the end of each financial year:

a/ a report on its activities which shall contain data in accordance with the procedure defined by legal requirements;

b/ its annual financial reports;

c/ the conclusion of the person who executes an audit  /auditor/ on financial reports in case the value of University active assets exceeds ten million drams. Within 15 days of the promulgation of reports foreseen by this point of the Statute the University shall present a written report to RA Ministry of Justice.

 

5. University Assets

5.1. The assests assigned to the University by the founders are the University property.

5.2. The University owns, disposes and implements the obtained assets which is its property, including  the financial means in line with its sphere and goals of activities and the significance of the inventory.

5.3. The University shall have both movable property and real estate for its property, results of  «know-how» implementation, license and intellectual property, financial means in RA drams and foreign currency, etc.

5.4. The sources for University assets including financial means shall be:

  1. The founders’ investments;
  2. the donations of physical and legal entities including foreign citizens, legal entities and international organizations.
  3. Financial inflow from state and community budgets;
  4. Grants;
  5. Students’ tuition fees;
  6. Profit from the University educational activities;
  7. The profit gained from the entrepreneurial acivities of the University stated in Appendix 2 of the present Statute.
  8. Other sources unprohibited by RA legislation.

 

6. Governing Bodies of the University

6.1. The governing bodies of the University comprise the Board of Trustees and the Executive Body (hereinafter the Rector);

6.2. The highest-ranked supervising body of the University is the Board of Trustees (hereinafter the Board) which governs the University activities in line with the demands of the present Statute and the current legislation;

6.3. The Board consists of 8 (eight) members. The Board comprises:

6.3.1. The government of the French Republic represented by Ambassador of the French Republic to the Republic of Armenia or his/her representative;

6.3.2. The government of the Republic of Armenia represented by RA Foreign Minister or the authorized representative;

6.3.3. The government of the Republic of Armenia represented by RA Minister of Education and Science or the authorized representative;

6.3.4. One representative from the French Directorate General of the International Cooperation and Development (DGCID);

6.3.5. One representative from the Chamber of Commerce and Industry of Lyon;

6.3.6. One representative from Lyon III University;

6.3.7. One representative from the European Regional Academy;

6.3.8. One representative from the European Institute of Information and Communication Technologies in Armenia.

6.4. The Board members shall not be members of any other University unit. The Board members fulfill their duties on free of cost social basis, they shall be compensated for the expenditure connected with the fulfillment of their duties as Board members. The compensation strategy is put forward by the Rector and ratified by the majority of votes of Board members in accordance with the given point. If a Board member is absent, his/her duties are performed by an authorized representative.

6.5. The term of powers of each of the Board members  corresponds to the  his/her tenure at the agencies and organizations represented by the member. The Board member removal from office is conducted by due process of law whereupon power termination point is decided by the procedure defined by law. 

6.6. The Board members shall have the right to study all the University documents.

6.7. The Board exclusive power shall be entitled:
1) to ratify  Strategic Plan /s/ of the University;

2) to ratify  University’s annual budget and its changes; to ratify  annual reports on financial matters and activities;

3) to ratify  the procedure for management and  alienation of property of the University;

4) to pass the decision on University restructuring which shall be based on ¾ of Board members’ votes  (including distant voting);

5) to pass decisions on  election of new Board members  and early resignation;

6) to run the procedure of creation of other units defined by the present Statute;

7) to pass decisions on making changes and amendments and ratify the newly edited  University Statute by ¾ of Board members’ votes  (including distant voting);

8) to create economic unions  or participate in them as well as pass decisions on the creation of their separate subdivisions and companies and ratify their statutes,

9) to hold auditions of Rector’s reports delivered by way of advisory vote at the Board meetings;

10) to currently supervise the University’s  financial and economic activities;

11)  to verify identity of the University auditor;

12) to ratify the inner organizational structure of the University and its labour codes;

13) to confirm the Scientific Council board and academic secretary;

14)to ratify the University enrollment procedure and  tuition fees amount;

15) to ratify the University Department list;

16) to pass decisions on early resignation and election of the Chairman of University Board  and the Rector, administrative and financial director, as well as the general  Secretary;

17) to perform obligations defined by law  and by the present Statute that shall not be entrusted to other University bodies.



6.8. The issues that fall under the charge of the Board shall not be conferred to other bodies.


6.9. The Board supervises the targeted application of University assests as well as the Rector’s activities.

6.10.The Procedure of Board activities:

6.10.1. the Board conducts its activities by Board meetings in line with point,

6.10.2. Board decisions shall be passed by the majority of votes of Board members, unless a bigger number of votes is required either by law or by the present Statute  (in accordance with points 6.7.4 and 6.7.7);

6.10.3. The Board meeting is valid if more than half of the Board members are present whereupon they can also have a distant participation.

6.10.3. The meetings shall be organized on regular basis at least once in 6 months. The Board extraordinary meetings shall be held by the initiative of the Board Chairman or on the proposition /demand/ of at least 1/3 of Board members, in 30 days after the proposition has been made. If no Board meeting is held by the Board Chairman within the time limits set by the given point, the meeting shall be held by the members who made the propositions.

6.10.4. All Board decisions shall be made by the considerable majority of the meeting memebers’ votes except points 6.7.4 and 6.7.7.

6.10.5. In case of equal distribution of votes the final decision shall be unanimously passed by  the Board Chairman and the French Ambassador to Armenia.

6.10.6. The Board decisions regarding Board Chairman’s  election and removal from office shall be made by the considerable majority of the meeting members’ votes

6.10.7. The Board decisions regarding the University restructuring as well as changes and amendments to the Statute (ratification of the amended Statute) shall be passed by ¾ of Board members’ votes.

6.10.8. In case the Board meeting shall discuss issues regarding one of the Board members or a related person and their asstets or profits (professional, financial, etc.) the Board member shall therefore abstain from voting.

6.10.9 The Board meetings shall be recorded. The record shall be prepared within 5 days after the meeting in at least two copies which is signed by all the members present at the meeting. 

6.11 The Board Chairman: 

a)shall organize the Board work;

b) shall convene Board meetings and chair them;

c) shall organize the maintenance of meeting records. If the Board Chairman is absent, his/her responsibilities shall be assumed by one of the Board members by the Board decision.


6.12. Honorary members of the Board shall participate in Board work by advisory vote. The title of Board Honorary Member is conferred by considerable majority of votes to those people who have  demonstrated support to University activities  for the fulfillment of its goals and have  achieved success in the sphere of University activities.

6.13. Management of University’s current activities is conducted by the Rector who manages current affairs and is accountable to the Board.

6.14. The Rector:
1) represents the University both in the Republic of Armenia and abroad;

2) has the University assets at his disposal including the financial means; signs agreements on behalf of the University;

3) acts on behalf of the University without a license and gives out licenses;

4) signs agreements by the defined procedure including contracts for services;

5) opens bank accounts; 

 

For continuation see the French version