Statute, Ethical Code

NATA Statute

The National Association of Travel Agencies in Romania (NATA), private non-profit legal person, created by  Civil Sentence no. 2078/24.09.1990 Sect.1 District Court by his legal representative, the Secretary General Liviu Alexandru Moraru, Romanian citizen,  the General Assembly decision ANAT dated 19.04.2012, resulted in amendments to the Statute of NATA, for the completion of NATA’s status, provided the items were redrafted and renumbered as a result of the amendment and completion of the statute content.

Article 1 NATA, considering the Romanian Constitution, Employers Law nr.356/2001, Government Ordinance No.26/2000 on Associations and Foundations, as amended by Law no. 246/2005, is a legal entity of private law, independent, apolitical, non-governmental, non-profit, professional, employer and management.

(2) Following the contents of this Status, NATA will use the following phrases: “organization”, “employers’ association” or “sponsored”.

(3) The provisions of this Statute is supplemented by Rules of Organization and Operation of NATA, prepared by the Steering Comitee of NATA, adopted and amended in accordance with this Status, the Rules of Elections in NATA prepared by the Steering Comitee of NATA, adopted and amended in accordance with this Statute, dully enforced after noted in the Registry of Associations and Foundations at 4th District Court.

(4) NATA pursues the activities of national interest in the field of tourism. Also facilitates access to its members to private and public resources and supports action partnership with central and local public authorities and other legal entities in the country and abroad.

(5) NATA is a nationally representative employer structure in tourism, bringing together companies who manage authorized travel agencies and other tourism entities or other legal entities that recognize the provisions of this Statute, who want to join it and participate in achieving the purpose and objectives of the organization.

(6) The principles governing the relationship between NATA and its members underlying support common interests are: solidarity, transparency, democracy and promoting economic interest.

Article 2 The organization’s name is “The National Association of Travel Agencies in Romania”, the abbreviated name “NATA”

(2) The name of the organization will be included in all documents and papers issued by it, plus the registration number in the Register of non-profit legal persons and, where applicable, VAT number and bank account.

(3) Employers Association will mark their respective logo and seal, taking the figurative elements of the NATA logo

Article 3 The headquarters of NATA is 59 Horia Macelariu., room 401, , sector 1, Bucharest. NATA may open branches in the territory, with or without legal personality.

(2) NATA can take part in unions, federations, confederations or other associations.

Article 4 The duration of NATA is limitless, from the date of the status  modification in the Register of Associations and Foundations, located at the Registry Court District 4.

Article 5 The purpose of NATA aims to identify, promote, support and consistent and systematic defense of economic interests, professional, technical and legal aspects of members in relations with public authorities, trade unions and other legal entities and individuals, nationally and internationally.

Article 6 Scope:

To fulfill its purpose, NATA has the following activity:

  1. represents, promotes, protects and supports the economic, technical, professional and legal aspects of its members, claiming their freedom of action to develop and streamline their activities;
  2. promotes fair competition law in order to ensure equal opportunities for each member;
  3. initiates business development programs, participates in Government consultations regarding the initiation, development and promotion of development programs, restructuring, privatization, liquidation and economic cooperation and participates in the management and coordination structures of the European Union;
  4. designates, under the law, representatives for the negotiation and conclusion of collective agreements, treaties and other agreements with public authorities and trade unions and tripartite structures of leadership and social dialogue;
  5. informs the public and state institutions on NATA members issues, aspirations and claims;
  6. provides its members information, facilitation of relationships between them and with other organizations to promote progress management, consulting services and assistance, including training of the workforce;
  7. assists and credits its members;
  8. supports legislative initiatives, proposed technical regulations and administrative provisions necessary to maintain and develop business employers, strengthening tripartite management structures, social dialogue and labor rights of its members;
  9. fights damage caused to members through the misuse of legal provisions taken out of context or administrative measures and unfair competition phenomena;
  10. encourages vocational education and contribute to higher levels of professional qualification in tourism through the development of training activities, evaluation and certification of personnel;
  11. ensure that tourism activities to be performed only by natural or legal persons who possess tourism license issued by legal authorities;
  12. support by representatives elected by the General Assembly members’ interests and tourism in general compared to other state institutions and bodies with responsibilities in the field;
  13. exercises the powers prescribed by the law and this Statute, directly and through the Regional Councils of ANAT;
  14. is active in bodies and specialized committees of the State authorities for the granting, refusal, withdrawal or suspension of authorizations / licenses for travel agencies;
  15. supports and facilitates contact between organization members as well as between them and government representatives, to solve problems on accounting, taxation, social issues, enforcement, promotion of tourism etc.;
  16. is organizing a Professional Ethics Commission to mediate any disputes that may arise between members and other matters of general interest;
  17. defends and promotes the professions: travel agent, tour guide, ticketing agent etc. in addition to national organizations and educational institutions and international organizations in the field;
  18. organizes internships and professional development seminars for its members in the country and abroad;
  19. provides editing and printing for specialized publications, works of synthesis, documentary studies etc.;
  20. creates and administers, in the interest of its members, units of culture, education and research activities, economic and social units, processes commercial and financial operations in its own bank in lei and foreign currency;
  21. supports members in achieving all the objectives referred to in this statute, as well as those provided by the legislation in force, without getting involved in the commercial policy of its members;
  22. represents its members in associations and bodies of the European Union and other internal and international bodies in the field.

Article 7 NATA Employers Association’s assets are the assets of the National Association of Travel Agencies in Romania, which remains with the organization, due to changes in the NATA status

(2) the assets of the association are a total of 934 640, 71 RON, at the time after the approval of this amendment by the Extraordinary General Assembly from 14.12.2005, according to the report of the simplified certification of financial statements for the 2005 financial year – No. 93 / 08.02.2006 issued by the audit Committee of NATA

(3) The property of the organization is indivisible and non-transferable

(4) Upon admission to the organization, each new member will pay a membership fee, the amount of which will be established and updated by the General Assembly.

(5) After registration, each member shall pay an annual fee established annually by the Ordinary General Meeting; the fee will be paid within a period set by the Board. Members will register after the date set by the Board will pay, in addition to the membership fee, the fee percentages calculated quarterly for the remainder of the year.

Article 8 The financing sources are membership fees (enrollment), annual fees and other fees, donations and legal sponsorships, advertising, bank interest, participations in companies, resources from the state budget and / or local budgets, resources obtained through participation in national and international funding programs, and other legal sources approved by the governing bodies.

(2) revenues, surpluses and funds of any kind cannot repay or distribute in any way organization members, but will be used exclusively for the objectives and purpose of the organization, referred to in this Statute.

Article 9 NATA’s expenses refer to the following operations:

  1. fees or contributions to national and international bodies;
  2. rent or purchase of office headquarters for the general meetings, and current expenditures;
  3. sponsorships;
  4. salaries, allowances for staff in the technical apparatus of ANAT and other obligations to the state;
  5. delegation expenses for different actions performed in NATA’s interest;
  6. payments to the Regional Councils budget for expenses that exceed their budget from own resources;
  7. expenses within approved budgetary provisions by the General Assembly established by the Board of Directors or the Board, the President or Secretary General, within the value limits approved by the Board for each governing body part.

Article 10 Sources of funding, spending chapters and their amount are included in the provisional NATA budget, approved by the General Assembly annually

Article 11 Member of the organization, can be any legal entity authorized to:

  • acknowledges and undertakes to comply with this Statute and the Rules of Organization and Operation of the association;
  • undertakes not to damage the interests and good name of NATA;
  • undertakes to answer to other members, to the extent that its opinions, attitudes or deeds violates the objectives of the organization;

(2) The organization is made up of:

  • Honorary members;
  • Active members: companies who administer authorized travel agencies, with tourism licenses in the European Union branches / outlets thereof, paying membership dues as non-IATA for each branch / place of business;
  • Associated Members: entities in tourism: tourism offices, airlines and other transport companies, rent-a-car companies, hotel and restaurant network, publishing, booking systems, foundations / associations in the tourism, financial institutions in tourism, research and development institutions, etc., and any other legal entities that recognize the provisions of this Statute, want to join it and participate in achieving the purpose and objectives of NATA;
  • Probationary members: companies that administer authorized travel agencies, with tourism licenses in the European Union and under a year of functioning.

(3) Honorary patronage membership shall be granted by the General Assembly, at the proposal of the Board of Directors, to any individual who, through its activities, has made an important contribution to promoting the goals of the association, and strengthening the organization.
(4) Honorary members are exempt from payment of tuition and fees.
(5) Probationary membership is granted to a legal person who asks to be accepted as a member of the association and operates in the tourism market for less than 1 year.
(6) The probation period lasts one year from the date of acceptance in the association.
(7) On admission with probation period, the applicant shall pay 100% of the fee, without paying the admission fee to the association.
(8) During the probationary period, the member will have all the rights granted for honorary members and associate members.
(9) After one year a probationary member will either decide to become an active member or associate member of NATA, or leave the association.
(10) Probationary members will submit a final application for membership with recommendations from two NATA members, if it decides that it wants to become an active member or associate member.

(11) After admission as an active member or associate member, it will pay the admission fee to the association and the remainder to 100% fee for the current year.

(12) For detailed regulation of NATA members’ conduct, the Board shall develop and approve the Code of Professional Ethics, which will be part of this Statute.

Article 12 Admission to NATA is based on a membership application to the President, who shall submit for review, discussion and approval of the Board (between sessions, consultation can be done electronically) where there must be specified: the quality of the legal basis of operation, expression of the adherence to the principles contained in this Statute, the Rules of Organization and Operation of the organization, and code of professional ethics, business address and responsible proprietor, statement on the travel agencies that the company has under administration, the expression of adhesion to the Regional Councils and references from two members of the association.

(2) The Board has the obligation, at the first General Assembly, to report on denied applications for membership, and the latter will confirm or refute the decision of the Board of Directors.
(3) If the application is rejected after the validation report is submitted to the Board of Directors, the Board decision is communicated in writing, motivated, to the applicant, who may return later with a new application for accession, once the statutory conditions are met.

Article 13 Suspension of association members may be decided by the Board, with at least two thirds of its members in case of breach of article 17 of this Statute. Judgment of suspension will be taken only motivated and the duration of the suspension shall not exceed the date of the next meeting of the General Assembly.

(2) Members of the association in insolvency are automatically suspended until the next meeting of the Board.

Article 14 NATA membership is lost as follows:

  • By withdrawing, notified to the President of NATA by the member concerned, by registered mail, at least six months before the date of entry into force of the decision to withdraw for members, and at least one month before the date of entry into force of the decision to withdraw for probationary members and affiliate members / workstations listed in the association.
  • By filing for bankruptcy or reorganization of the company or the death of honor members, if the successors do not apply for membership
  • By exclusion, at the Commission’s proposal on Ethics Board decision adopted by at least 2/3 of the votes. Exclusion can occur in the following situations:
  • By producing material and / or moral damages to the organization;
  • By affecting the material interests and / or image of the other members of NATA;
  • By the failure to comply with the status and decisions of governing bodies of the organization;
  • By employing in activities that contravene the statutory provisions of the organization;
  • By not paying dues approved by the General Assembly to the deadline set by the Board, after receiving two notices;
  • By the criminal conviction of the employer or, if a judge has revoked his rights targeting tourism activity.

(2) The decision of the Board on the exclusion of a member, under the conditions stipulated in par. 1, line 3 of this Article, shall be taken at the next available meeting of the Board of Directors.
(3) By withdrawal or exclusion, members in question cannot have any claim to the common assets of the association, but are required to pay dues until leaving the organization.
(4) Against a decision of the Board of exclusion from the association, the member may appeal to the General Assembly within 30 days of the date of exclusion, the appeal will be resolved by the General Assembly. The final decision of the General Assembly will be communicated to the member in question by letter. After exclusion by the Board, the member becomes inactive, has no right and no obligation to the association.

Article 15 Members withdrawn, suspended or expelled are bound by the payment of outstanding contributions of the period in which the suspension or exclusion is operated.

Article 16 NATA members have the following rights:

(1) Active members of NATA have the following rights:

  • To elect and be elected in the management, administration and control of NATA;
  • To participate in voting at the general meetings;
  • To be consulted and to initiate / change legislation;
  • To receive all the information from NATA in terms of fiscal, trade, customs, banking, currency, legal, technical and managerial;
  • To ask and receive advice on tourism activity;
  • To appear in the NATA catalogue;
  • To participate with equal rights to the actions of the organization;
  • To initiate, propose and organize actions under this statute, with the approval of the Board, as appropriate;
  • To benefit from actions taken by NATA for the benefit of its members;
  • To have access to the database and the entire system of services, benefits and facilities of the organization, free of charge or against payment of service charges for special services, as determined by the Board.

(2) Honorary members, associates members and probationary members of NATA have the following rights:

  • To participate with consultative vote at the General Assembly;
  • To be consulted and to initiate / change legislation;
  • To receive all the information from NATA in terms of fiscal, trade, customs, banking, currency, legal, technical and managerial;
  • To ask and receive advice on tourism activity;
  • To appear in the NATA catalogue;
  • To participate with equal rights to the actions of the organization;
  • To initiate, propose and organize actions under this statute, with the approval of the Board, as appropriate;
  • To benefit from actions taken by NATA for the benefit of its members;
  • To have access to the database and the entire system of services, benefits and facilities of NATA, free of charge or against payment of service charges for special services, as determined by the Board.

Art. 17 Members of the organization shall:

  • Comply with the Statute, the Rules of Organization and Operation of the organization’s Code of Professional Ethics and rulings governing bodies of NATA;
  • Pay membership dues in the amount established by the General Assembly;
  • Contribute their work to the goal and objectives of the organization;
  • Defend and promote the interests of the organization in dealing with central and local authorities and other organizations in the country and abroad;
  • Avoid any action that could directly or indirectly harm the public image of the organization, purpose and objectives;

(2) Members of the organization have the following obligations to other member agencies of the association:

  • To refrain from any action contrary to a commercial activity exercised in good faith, which would tend to evade clients of another agency and diminish the credibility or competitive ability of other agencies;
  • Not to create confusion between persons or members by any means such as: the similarity in name, headquarters, the name of trips or stay programs and commercial advertising;
  • Not to intentionally spread rumors or misinformation about membership or programs about competitors;
  • Not to draw through illegal means from other staff members;
  • Not to publicly denigrate another member of NATA and avoid any action which could directly or indirectly harm the public image of the other members;
  • To comply with professional ethics and business contracts concluded with other members of NATA;
  • To protect the interests of its tourists and resellers, with the prime objective of their safety and their service in optimum conditions;
  • To protect the interests of the guild and image of the organization;
  • To notify any change of office, coordinated management or any other criterion that was the basis of admission is the association, no later than 30 days after the change;

Article 18 NATA’s Honorary President may be elected by the General Assembly with consultative vote. The Honorary President may be elected for life.

Article 19 NATA’s bodies are:

  1. The management, in order of precedence:
    1. The General Assembly
    2. Board of Directors
    3. Executive Board
    4. President
  2. President of Honor
  3. The Secretary-General
  4. Regional Councils
  5. Specialized committees
  6. Auditing Commission
  7. NATA technical staff, headed by the Secretary General

Article 20 Governing bodies are made up of individuals who are authorized to represent, under the law, a company member of NATA.

Article 21 Members of the governing bodies of ANAT must meet the following conditions:

  1. to hold patent tourism;
  2. to have shareholder / associate quality, or be empowered by the  shareholder legal person;
  3. to have the leading position in the member company;
  4. to have at least 2 years in the organization;
  5. has not been suspended under Art. 13 of this Statute.
  6. have not been political police under the law, proved by affidavit

(2) Candidates for President must submit a program proposal for the strategy and budget, in line with the policy and general objectives of NATA.

Article 22 Meetings of governing bodies are chaired by the President or Secretary General, and in their absence, by a member of the Board or the Board of Directors, appointed by majority vote of the members of the Board of Directors / Executive Board as appropriate.

1. The General Assembly

Article 23 The General Assembly is the supreme governing body of the association, consisting of all members of the organization.
(2) The General Assembly makes decisions that engages all members, even if they are absent from the General Meeting or oppose decisions taken therein.
(3) The vote is non transferable. The right to vote in the General Assembly of the organization belongs to the legal representatives of members of NATA or persons with responsibility for tourism activity in those tourism companies designated by written authorization by the management of these companies.

Article 24 The Ordinary General Meeting shall be convened annually by the Board of NATA, during the first quarter of next year, after the financial year, 30 days before the date, specifying the place, time and agenda.
2) The General Assembly shall be convened for election at least 45 days before the election date, the deadline for submission of applications 30 days before the date fixed for both the President and the members of the Board of Directors.

Article 25 Powers of the Ordinary General Meeting are:

  • approve NATA’s status and its amendments, proposed by the Board or at least 10% of NATA members;
  • establish the strategy and overall objectives of NATA;
  • approve the annual report on the work of the organization;
  • approve the financial year and the discharge of the mandate of the Management Board members;
  • approve the annual membership fee;
  • approve the revenue and expenditure;
  • Election and removal of the President over the two years;
  • Election and removal of board members during the two years;
  • Election of the Honorary President – outstanding personality in promoting and supporting the organization and tourism in Romania;
  • Election and removal of members of the Audit Committee or an external financial audit; approval of the dissolution or liquidation of the association of employers;
  • Adoption of the Rules of Organization and Operation of the association;
  • The right to control the Board of Directors and the Audit Committee or the external financial audit;
  • delegation of the Board of Directors responsible for amending and adopting the Rules of Organization and Operation of the association, when evolution of the organization and the internal and external situation so require, the submission for approval of such changes at the next meeting of the General Assembly;
  • Any other duties provided for in the statute and regulations.

Article 26 The Extraordinary General Meeting of NATA shall be convened by the Board or 1/3 of active members, based on a request accompanied by a report setting out the grounds, through the Secretary General.

Article 27 Duties of the Extraordinary General Meeting are:

  1. Amend the Status of NATA;
  2. Take urgent action falling within the competence of the Ordinary General Assembly.

Article 28 The general meetings are chaired by the President of NATA or a Senior Vice President or a Vice President designated by the Secretary General of the Organization.

Article 29 It is considered validly gathered the ordinary and extraordinary General Assembly, after verification that the procedure laid down in Article 24, 26 and 31 of the Statute, with turnout of less than 10% of the members of ANAT

(2) If the General Assembly, ordinary or extraordinary, does not meet the quorum, a new call will be made, after at least 15 days but not more than 30 days, with the same agenda. In this case, the General Assembly deliberates validly, whatever the number of members present.

(3) Ordinary and/or Extraordinary General Meeting, makes valid decisions by a simple majority of votes cast by those physically present at the meeting and votes received by mail (by letter with acknowledgment of receipt), expressed electronically, by delegates of the voting members that are unable to be present at the general meeting.

(4) In order to enable all members to express their right to vote even in the impossibility of presentation at the meeting, at least 15 days before the date of the General Assembly, through the care of the Secretary General, all materials to be presented at the meeting, including voting pattern will be printed for each member, completed, signed and stamped and sent to the association by one of the means referred to in paragraph (3) shall be sent to all members electronically,

(5) For a vote cast by a member outside the assembly to be considered, it must reach the association before the day of the General Assembly, if sent by mail, electronically, or on the day of the General Assembly, if it is sent by delegate.

(6) Delegate votes submitted will be considered only if they are submitted to the secretariat of the General Assembly meeting before the meeting.

Article 30 At the general meetings may attend as guests, personalities within / outside the profession of tourism, upon the decision of the Board of NATA.

Article 31 Convening the Ordinary and Extraordinary General Assembly shall be made by mail, by letter or by fax or mail, with return receipt, by the Secretary General of the Association.

(2) It is deemed proof of receipt an electronic message to NATA with a read confirmation.

 

2. Board of Directors

Article 32 The organization is managed by a Board of Directors composed of at least 17 members, and a maximum of 25 members.

(2) The entire activity of its members must be conducted in objectivity, without interference of personal interests, group or company / institution of origin. The Board of Directors may attend meetings invited by decision of the Executive Board.

(3) The Board of Directors consists of:

  1. 9-17 persons elected by the General Assembly by secret ballot:
    1. President of NATA;
    2. 2 Senior Vice Presidents;
    3. 4 Vice-Presidents;
    4. 2-10 members;
  2. 8 members, Chairmen of Regional Councils, as part of the Board of Directors;

(4) The General Assembly elects maximum 8 alternates. These, in order of number of votes, can replace the elected members of the Board, who for various reasons leave the activity.

(5) Elections to the Board of Directors of the organization shall be made by the General Assembly in two rounds, namely:

  1. in the first round are chosen 8 to 16 members of the Board;
  2. in the second round are chosen:
    • President of the Employers;
    • first vice presidents and vice presidents of the Board of Employers;

(6) The Vice-Presidents and First Vice-Presidents of the Board of Directors are elected by the General Assembly in the second round, the total number of candidates consisting of the 8-16 members elected in the first round, plus applications submitted by the presidents of Regional Councils within the period prescribed by this Statute.

(7) First Vice-Presidents of the Regional Councils are members and alternate members of the Board of Directors as presidents replace the Regional Councils in part, if for some reason they leave the activity.

(8) The activity of the Board is statutory and legal, whether during his tenure; the number of its members is reduced for various reasons at least 17. If for some reason the number of members of the Board during a term is reduced to less than 17, members will conduct early elections.

(9) An employee authorized by the shareholders of the legal entity, particularly in the Board, loses its quality when for various reasons the authorization is canceled or withdrawn by the shareholders of the legal entity or in case of dissolution of the contract of employment.

Article 33 Board of Directors term of office is 2 years.

Article 34 The methodology of choosing the Board is as follows:

  1. Candidates must prove that the conditions imposed by art. 21;
  2. Candidates will have to submit to the secretariat of the organization curriculum vitae together with motivation for candidacy encompassing goals and terms for achieving them, at least 30 days before the election meeting3. The presidents of Regional Councils are elected by the members of the region, based on the minutes of the meeting of the regional elections that is, as part of the Board.
  3. Honorary President, elected by the General Assembly, the Board of Directors may participate in meetings with a consultative vote.
  4. The remaining Board members shall be elected by the General Assembly by secret ballot in the first round.
  5. Appointment to the posts of senior vice president and deputy members of the Board shall be in order of the number of votes obtained by each candidate by secret ballot in the second round.

Article 35 In case of resignation, death, exclusion or other event of loss of membership of NATA for some members of the Board of Directors, and in the case of art. 32, paragraph (9) of this Status, they are replaced by substitutes.

(2) In case of resignation, death, exclusion or other event of loss of membership of ANAT the presidents of Regional Councils, as they are replaced by the first vice presidents of Regional Councils.

Article 36 At meetings of the Board of Directors a a minimum quorum of 50% + 1 of the members is required.

(2) Any delegation and powers within the Board, except Presidents of regions that can be represented by the first vice presidents of the regional councils or can empower a deputy of the Management Board of the region, are forbidden.

(3) For unmotivated absence to two meetings per year of the Board, the member concerned ceases to be member of the Board and its place is taken by an alternate with the most votes received.

Article 37 Board President is the President of NATA and the decisions are taken by simple majority of votes, the Chairman’s vote is predominant in case of a tie.

Article 38 Duties of the Board of Directors are:

  1. To present to the General Assembly the activity report for the previous period, implementation of the budget of income and expenses, balance sheet, income and expenditure budget project and the project of the organization’s programs;
  2. The President or Secretary General must convene the Board once a quarter and whenever necessary at the request of the Board;
  3. Ensures that the Executive Board carries out the decisions of the General Assembly;
  4. Analyzes the General Assembly decisions;
  5. Nominates and approves the specialized committees;
  6. Proposes to the General Assembly the registration fees, the annual contributions and other funding sources of NATA;
  7. Admits new members;
  8. Proposes to the General Assembly to exclude from organization members who have not paid dues for the previous year;
  9. Suspends Board members for three unmotivated absences / year and communicates their replacement by alternates according to the number of votes;
  10. Determines the date of the next Board of Directors once the previous session is closed;
  11. Sanctions members that damage the image of NATA association of employers and members who do not comply with decisions issued by the Board;
  12. gives warning and then, if appropriate, sanctions members who are the subject of complaints (even in the absence of a final judgment) due to actions that affect the image of NATA in Romania and abroad;
  13. Proposes to the General Assembly NATA membership in internal and international bodies;
  14. approves the Code of Professional Ethics for NATA members;
  15. approves the organizational scheme for the technical staff;
  16. performs any other duties established by the General Assembly;
  17. the entire activity of the members must be conducted objectively, without interference from personal or group interests;
  18. sets the deadline for payment of the fee;
  19. appoints the Secretary-General with a qualified majority of 2/3 of votes of the members and approves its duties;
  20. Can suspend the President with 2/3 of the members’ votes. Suspension of the President can only be made if the President violates the status or the decisions of the General Assembly or the Board of Directors;
  21. Decides allowance for administrators of the companies where the association is owner, according to financial results of the companies;
  22. Approves the budget for the regions, based solely on submitted projects;
  23. Develops and approves the Rules of Conduct of elections in NATA;
  24. Amends and adopts the Rules of Organization and Functioning of the association, when the development of the organization so requires;
  25. Selects the members of the censors committee;
  26. Within the limits of art. 32 of the present Status shall propose to the General Assembly for approval the number of Board members for the next term;
  27. Empowers members of the Board of Directors, members of the organization or of the executive to represent the interests NATA before third parties.

Article 39 The Board may delegate some of its powers to the Secretary General, a member of the Executive, especially the President, First Vice President, Vice-Presidents, to perform the tasks set by the General Assembly. The President may delegate some of its duties to senior vice presidents, vice presidents, general secretary and other members of the Board of Directors.

Article 40 The Board of Directors is responsible for the liabilities contracted on behalf of the association. Board members are individually accountable for those commitments.

3. The Executive Board

Article 41 The Executive Board is appointed by Board members and elected by the General Assembly in the second round, depending on the number of votes cast and is made up of:

  • 1 President;
  • 2 Senior Vice-Presidents;
  • 4 Vice Presidents;

Article 42 The term of office of the Executive is 2 years.

Article 43 The Executive Board meetings require mandatory presence of a simple majority of members. Delegation and empowerment are prohibited within the Executive Office.

Article 44 Decisions of the Executive Board shall be taken by simple majority of votes, the vote of the President being decisive in case of parity of votes.

Article 45 Powers of the Board are the following:

  1. shall hold meetings at least once / quarter and whenever needed;
  2. carries out the decisions of the General Assembly and the Board of Directors;
  3. organizes meetings of the General Assembly and the Board of Directors;
  4. approves the hiring of the technical staff of the organization proposed by the Secretary-General, within the organizational structure approved by the Board;
  5. approves salaries and other incentives for the staff of the organization proposed by the Secretary General;
  6. approves the job description for each employee in the technical staff of the organization proposed by the Secretary General;
  7. follows the course of court proceedings involving the organization;
  8. appears before the Board and presents the progress reports;
  9. approves press conferences at the request of the Secretary-General or a member of governing bodies.

Article 46 Financial documents for use of association funds must have two signatures, namely: President or General Secretary first signature and the second signature economic director. They have the right to sign for the organization to have the use of funds in accordance with the provisions of revenue and expenses approved by the General Assembly.

4. The President

Article 47 The term of office of NATA President is 2 years. The President may be re-elected for a period of 2 successive legislatures.

(2) Candidates for President must submit a program to the mandate of two years, proposals for strategy and budget, in line with the policy and general objectives of the association.

(3) Any active member may apply for the position of President.

(4) The President is elected by the General Assembly by secret ballot among the candidates nominated by the Board or self-proposed, on a separate application list, from the candidates who obtained the highest number of votes.

(5) Should a candidate get a majority of 50% + 1 of the votes, the top two finishers will face each other in a runoff.

(6) The President is part of the Board of Directors and is Chairman of the Board and of the Executive Board.

(7) In the exercise of his functions, the President of the organization performs the following tasks:

  • aims to fulfill the decisions of the management bodies of the organization, as well as fulfilling his own program for which he was elected;
  • may preside at meetings of the General Assembly, the Board of Directors and of the Board;
  • can represent the organization to the state authorities, the courts and to third parties, domestically and internationally;
  • may engage the organization as a legal entity in relations with other natural or legal persons, within the General Assembly decisions / Board of Directors / Executive Board;
  • may delegate the authority to represent NATA in events where the presence of tourism profession contributes to the prestige of its members;
  • may delegate powers of representation to the Honorary President;
  • grants honorary membership of NATA, with the approval of the General Assembly;
  • participates in press conferences;
  • hires the Secretary General, appointed by the Board of Directors pursuant to Art. 48 paragraph 1.

(8) The President may be removed from office during his term by the General Assembly, by a majority votes, in the event of formal subjection to prohibition, total or partial incapacity for work, if he is acting against the interests of the organization and if there was a criminal conviction against him established by a final judgment.

(9) The President may be suspended from office during his term by the Board of Directors, according to Art. 38, paragraph 20, to the next General Assembly. During the suspension, the duties of the President shall be taken by a member of the Board appointed by simple majority vote of the Board members.

C. The Secretary General

Article 48 The Secretary General is appointed by the Board, by a qualified majority of 2/3 of the votes of the members.

(2) The Secretary General is an employee with an employment contract or management contract and operates within the tasks set by the Board and / or the Executive Board, with the following tasks:

  1. ensures the proper functioning of permanent technical staff and coordinates the entire activity thereof;
  2. establishes job descriptions for each employee in the technical staff;
  3. The Executive Board proposes hiring for technical staff, within the limits of organizational approved by the Board;
  4. employs technical staff of NATA, based on approval by the Board;
  5. requires the approval of the Executive board for salaries and incentives for the staff;
  6. approves expenditures by NATA, according to the budget approved by the General Assembly on the basis of documents submitted by the organization’s chief economist, within the limits set by the Board;
  7. represents the organization through special delegation in external relations;
  8. Attends meetings of the Executive Board, presents reports on its duties and, together with the economic director, issues documents to be submitted to the General Assembly;
  9. ensures compliance of NATA status by members and notifies the Board in respect of violations thereof;
  10. oordinates activities dealings with third parties and sign contracts within the limits approved by the Board;
  11. coordinates activities dealing with third parties and signs contracts within the limits approved by the Board;
  12. Represents NATA in relations with various organizations in the field of tourism;
  13. coordinates the organization’s publications, within its mandate;
  14. Supports, along with staff, the work of specialized committees;
  15. organizes press conferences with the approval of the Board;
  16. Supports the interests of members, adopting a neutral attitude;
  17. aims to fulfill the decisions of the management bodies of the association and the fulfillment of his own program for which he was elected;
  18. may preside at meetings of the General Assembly, the Board of Directors and of the Board;
  19. can represent the organization to the state authorities, the courts and to third parties, domestically and internationally in accordance with the mandate given by the Board of Directors;
  20. the organization as a legal entity may engage in relations with other natural or legal persons, within the status and the decisions of the General Assembly and the Board of Directors / Executive Board;
  21. Shall observe and perform all decisions of the Executive Board.

D. Regional Councils

Article 49 NATA is organized territorially into eight regional councils that bring together members of the association located across the eight regions established by law.

Article 50 Regional councils are made up of: one President, one First Vice-President and 1-7 Vice-Presidents, elected by simple majority, for a term of two years. Number of vice presidents will be determined at the general regional meeting elections by members of the region, depending on the number of counties that are part of the region or the number of members / county. Regional General Assembly may choose up to 4 alternates. These, in order of number of votes, may replace members who leave the activity for various reasons.

(2) If the President of the Regional Council for various reasons eaves the activity within the Regional Council, the First Vice-President takes over until the end of the mandate.

(3) Regional Council leadership elections will be made by members present at the area meeting and / or members who voted electronically, in order of number of votes cast, from the candidates who fulfill the conditions stipulated in art. 21.

(4). A member of NATA shall be entitled to one vote. Subsidiaries who pay 50% of the fee established for non IATA members vote for the election of regional councils in the region to which they belong.

(5) Members of the regions meet at least 15 days before the General Assembly Elections for Regional Councils election.

(6) Any member from the region may submit the candidacy for President or Vice President of the Regional Council.

(7)It is considered validly reunited the Ordinary/ Extraordinary General Regional Assembly with a turnout of 10% but no less than 10 members in the area.

(8) If the Ordinary/ Extraordinary General Regional Assembly does not meet the quorum, a new call will be made, after at least 10 days but not more than 20 days, with the same agenda. In this case, the General Assembly deliberates validly whatever the number of members present.

(9) The Ordinary/ Extraordinary General Regional Assembly makes valid decisions by a simple majority of votes cast by those physically present at the meeting, and the electronic votes cast by members entitled to vote that are unable to be present at the general meeting .

Article 51 Presidents of the Regional Councils are members of the Board of NATA.

Article 52 Regional Councils have the following main responsibilities:

  1. Act in their area of activity for the inclusion of new members in the organization and payment of fees established by the General Assembly;
  2. Represent NATA in front of the local government;
  3. Propose actions leading to the development of tourism in the area;
  4. Ensure compliance by members of the status and regulations in force;
  5. Approve the measures taken at national level concerning the area;
  6. Appoint representative / representatives to the Ethics Commission;
  7. Appoint one representative for each specialized committee.

E. Specialized Committees

Article 53 NATA sets up specialized committees established by the Board at the first meeting after the general assembly elections, dealing with the study of current issues of the organization and presentation of proposals for their resolution.

(2) They operate under the management of a member of the Board and shall consist of members with special expertise in their respective fields and who wish to work in these committees.

(3) Convening of commissions shall be made by the chairman of that committee.

(4) Committees have an advisory role in addition to the management of the organization.

(5)Any member of NATA may attend meetings of specialized committees

(6) Decisions, resolutions, notices, etc. of the specialized commissions are based on the discussions and decisions taken at meetings of the Board, and the Board of Directors, on specific issues.

Article 54 NATA constitutes its working groups established by the Board upon the necessity of solving specific problems of the members.

(2) Working groups may be temporary or permanent depending on the frequency of activities that are subject to the group.

Article 55 The Standing Committees shall be conducted within the overall mandate governed by the status and by the Board of Directors.

Article 56 All NATA governing bodies will be informed about the activity of the Committees, depending on the nature of the problems and proposals submitted.

F. Audit Commission

Article 57 Internal financial control is provided by an association revision commission, composed of an odd number of members, most of which consists of members of the organization or by an external auditor. Board members cannot be censors.

Article 58 Powers of the Audit Committee are:

  1. to verify the administration of the association’s assets;
  2. prepare reports and submit them to the General Assembly;
  3. can participate whenever needed at Board meetings without voting rights;
  4. other duties established by the General Assembly.

G. Technical Staff

Article 59 The organization of the technical staff is approved by the Board. Hires will be made by the Secretary General, with the approval given by the Board. Salaries, allowances and other entitlements due to the technical staff are proposed by the Secretary-General, approved by the Board.

Article 60 The technical staff is coordinated by the Secretary General. The duties of each employee are set out in the job description approved by the Board, at the proposal of the Secretary General.

Article 61 The staff cannot be simultaneously a shareholder in a tourism company and cannot represent the interests of travel agencies, as an employee or otherwise.

Article 62 Dissolution and liquidation of NATA is decided by the General Assembly on the vote of 2/3 of the active members.

Article 63 The General Assembly delegates one or more members of the Executive Board to carry out the liquidation of the organization, under the law in force at the time.

Article 64 The provisions of this status are completed by the Law no.356 / 2001, the Ordinance no.26 / 2000 regarding associations and foundations, as amended by Law # 246/2005 and other legislation in force.

Article 65 This Status was approved by the General Assembly of the Association on 18.03.2010.

Article 66 This act was drafted by hand and authenticated at …………., In seven (7) copies today date of authentication, of which were released six (6) copies.

Professional Code of Ethics for NATA Members

  • Principles of business ethics correspond to best practices in economic and trade relations internal and international, based on honesty, loyalty, professionalism. These principles are not intended to replace, national and international legal texts of regulations.
  • NATA members are invited to meet the obligations imposed by the legislation and contractual relations, obligations not to impede other people’s business, be available to domestic markets and beneficial cooperation in various countries of the world, especially the European Union.
  • NATA members will strive not to take business obligations which, fundamentally, they are unable to meet.
  • In all of their activities, NATA members will take into account that the prosperity and development of a business are based largely on the trust inspired to associates, shareholders, customers and business partners.

In fulfilling this major requirement NATA members are invited to work in the following directions:

  • Continued efforts to win the reputation of reliable business partner, honest and competent.
  • Cultivating respect for all business partners, failure to use intimidation, threats and violence in relationships with them, regardless of firm size, activity profile, the nature of ownership and capital.
  • Promote fair competition in business relationships, not encouraging forms of monopolistic competition in their own businesses or with other partners.
  • Refraining from promoting abusive clauses in contracts with customers / clients who do not have alternative suppliers.
  • Seeking an amicable settlement through negotiation, mediation and compromise, when disputes arise during the conduct of business relations.
  • Respect the rulings given in contractual disputes, by the courts, the Court of International Commercial Arbitration attached CCIRB, the arbitration of territorial chambers of commerce and industry, other domestic and international jurisdictional bodies.
  • Use the correct forms of advertising and publicity and refrain from acts and actions that could damage the image, interests or products of other partners.
  • Respect the rights of industrial and intellectual property of all business partners and take specific measures to protect their rights.

In their business activities, NATA members are invited to act for:

  • Making business in a transparent manner; ensuring, under the law, access to information on products and services offered by the company. It is contrary to the principles of ethics, the use of business to conduct clandestine activities for the sole purpose of obtaining the benefits, features, preferences, subsidies or grants from the state budget.
  • Avoidance of situations where company managers and / or employees, offer or demand bribes for whatever service or contract. Company payments must represent the amount agreed and due for the service provided.
  • Avoid coming into conflict of interest with their own company by other businesses, achieve sponsorships in transparency and in strict accordance with the law.
  • Proper recording of financial transactions in the accounts of the company in terms of transparency established by the regulations in force.
  • Failure to engage in commercial or financial activities that aim for any terrorist acts, weapons and drug trafficking, money laundering and other forms of organized crime.

In relation with associates / shareholders of the company, NATA members are invited to provide:

  • Signing in the memorandum of the company, in terms of transparency, of clear provisions on the role, responsibilities, rights and obligations of the partners / shareholders, board of directors, executive management, under the law.
  • Respect the rights of members / shareholders, including minority shareholders.
  • Inform members / shareholders of the company about economic developments and its operations, by providing, in a systematic and on-demand way, audited financial reports.
  • Observe rules of quorum and voting rights in the general meeting for all associates / shareholders.

In the relationships between the firm and its employees, members are invited to act for:

  • Avoidance of discriminatory practices in recruitment, selection, hiring, evaluation, promotion and payment of employees.
  • Advise on working conditions and specific problems, while strictly enforcing labor protection rules.
  • Reflecting clearly and transparently in collective agreements, the company policy on wages and working conditions, through fair negotiations with union representatives or workers.
  • Creating new jobs through business development. It is recommended to show sensitivity to the problems of unemployment, and with unions, employee representatives, employment agencies and labor authorities, to carry out actions to mitigate the effects of labor vacancy.

NATA members are invited to:

  • Enforce laws and regulations on environmental protection and conservation, preventing the creation of pollution sources through its own activity.
  • Promote tolerance of religious diversity in the local community, national, cultural. Depending on their opportunities, to perform actions, projects and programs in support of the local community, including sponsorship, donations, patronage, etc., educational, cultural, environmental, etc.

In relation with the authorities, NATA members are invited to:

  • Maintain good business taxpayer reputation by paying tax obligations, submission of balance sheets and financial statements.
  • Provide the transparency needed at auctions organized for various contracts, providing all information required by the law firm.
  • Promote collaboration with governments to define, develop and implement strategies and policies aimed at the business sector, for use of programs or EU funds.
  • Build collaborations necessary for optimal business development; go through formalities for obtaining permits, licenses and approvals required by law.

In achieving the company mission, the activities they carry out, members are invited to collaborate with NATA by:

  • Recourse to the services of NATA without tampering or attempted corruption of its employees.
  • Participating in activities organized by NATA, according to its status, in the interest of development of business activity and the exercise of the legitimate rights of a NATA member.
  • Participating in the wording of proposals to improve or promote acts in the interest of the business community, using the support of NATA
  • Refraining from acts or facts that could jeopardize or hamper NATA’s efforts, conducted in the interests of the business community.

In perspective, correlated with the evolution of Romanian economy along the lines of European integration, of meeting the demands of a functioning market economy, voluntary application, freely accepted by NATA members, the principles of this Code will contribute to the sustainable development of business in Romania, in a climate favorable to performance and genuine competition.