Preamble
With the aim of complying with the regulatory requirements, within the scope of the Admission of Effective Members, provided for in the Statutes of the Angolan Association of Designers and Consultants, as well as contributing to the creation of conditions that allow guaranteeing the legitimate interests of the Members, a fundamental condition for the subsequent quality assurance in technical and deontological performance, the General Assembly approves, based on the draft regulation approved by the Board, the following Admission Conditions Regulation, under the terms of article 7 of the AAPC Statute (DR Nº49 Series III , of March 27, 2019) as well as the amounts, payment terms and the collection regime for the Fees, Dues and other Financial Contributions to be paid by the Members
Article 1º
Objectives of the application process
The registration process aims to ensure that all Associates are registered in strict compliance with the provisions set out in the AAPC Statute (DR Nº49 Series III, of March 27, 2019).
Article 2.º
Scope of application
1 — The registration of Associates is governed by the provisions contained in the Statute.
2 – The registration process includes Associate Categories, as provided for in Article 6 of the statutes and under the terms defined by this regulation.
Article 3.º
Associate Categories
In accordance with the provisions of Chapter Two in Article Six of its Statutes, the AAPC has three categories of members: Founding Members, Effective Members and Honorary Members.
Article 4.º
Functioning and competence
The Board of Directors is responsible for the admission of Associates, as provided for in article seven of Chapter Two of the statutes.
Article 5.º
Enrollment
1 — Companies wishing to join the AAPC must carry out their activity with recognized technical and professional merits and in compliance with the Association’s Code of Professional Conduct.
2 — The condition of an effective member also involves the fulfillment of the following requirements:
2.1 Be legally constituted and have its registered office in Angola;
2.2 Carry out service provision activity in the areas of elaboration of studies, architectural and engineering projects and in the technical supervision and inspection of civil construction works on an exclusive or non-exclusive basis, provided that, in the latter case, the activity is regular and of value dominant, not being merely ancillary to other activities;
2.3 Permanently dispose of people and qualitatively and quantitatively adequate means of action to undertake the provision of the services it proposes to carry out and have compatible management systems;
2.4 Integrate in its management bodies, in a significant way, professionals within the scope of the company’s dominant activity;
2.5 Not benefiting from subsidies or aid, direct or indirect, which could jeopardize the equality of conditions of competition in the market;
2.6 Behave towards the interests of its clients with complete impartiality in relation to other interests of any third parties;
2.7 Be remunerated for the services provided to its clients only according to the forms of payment previously accepted by them;
2.8 Justify by recent, exact and verifiable references the good performance of previous works;
2.9 Commit to respecting the Association’s Code of Professional Conduct in the exercise of its activity;
2.10 Submit a written declaration of commitment to the provisions of the Code of Professional Conduct, Statutes and regulations of the Association;
2.11 Proof of the existence of organized accounting and compliance with the obligations towards finance and the INSS;
2.12 Proof of Enrollment in IRCCOP;
2.13 Latest Industrial Tax Model 1, legally enforceable.
3 — Enrollment will be carried out by means of a request addressed to the Board, accompanied by documents demonstrating that they meet the general requirements for enrollment.
4 – Admission as an Honorary Associate is the responsibility of the General Assembly, on a proposal from the Board.
Artigo 6.º
Data da inscrição
1 — A inscrição só se considera efectuada com a aprovação da mesma Direcção.
2 — Da Decisão da Direcção caberá o Recurso a AG.
Article 7.º
Jewel
1- The values of the Fees to be paid by the Associates are those established in the present Regulation, duly approved by the General Assembly of the AAPC, on the proposal of the Board.
2- The Values of the Fees payable are fixed according to the category of Associate (Founder, Effective), this value being due individually by each of the Associates of the AAPC, according to the respective category of associate, being responsible for each of these Associates responsibility for paying the value of the Jewel.
3- The Fee is paid only once, on the date of formalization of a member’s affiliation with the AAPC.
Article 8º
(Quotas)
1- The value and periodicity of the Quotas are established in these Regulations, duly approved by the AAPC General Assembly, on the proposal of the Board.
2- Payment of AAPC Quotas is made quarterly, and must be made within the first 15 days of each quarter.
3- In order to guarantee equity, using principles of reasonableness and representativeness, differentiated values – scales – of contributions were defined.
4- Each member, depending on the level of economic activity related to the scope of the AAPC, will integrate a step.
4.1- A contribution value will correspond to each step.
4.2- Each tier will correspond to a number of voting rights.
5- For the purpose of defining the step in which each member belongs, the following elements will be used:
5.1- The annual invoicing volume declared in the last Model 1 of the Industrial Tax, legally due;
5.2- In the event that members have a billing volume related to the relevant activity for the AAPC that is lower than that shown in Model 1 of the Industrial Tax, and wish to be placed in lower tiers, they must request the reassessment of the tier to the AAPC Board, providing, for that, the supporting elements that are requested.
6- In the particular case of groups of companies, the following provisions will be taken into account:
6.1- Companies in a Group relationship are considered when one of them holds more than 50% of the capital of the other(s) or when the partners are common in at least 70% of the capital. It is up to companies that are potentially in this situation to take the initiative to clarify the situation at the beginning of each calendar year and its eventual modification.
6.2- The company with the highest volume of invoicing pays the levy resulting from the application of the table in force.
6.3- The other(s) will pay the amount corresponding to 50% of what results from the application of the table.
7- Payments of fees will be made in national currency;
7.1- For the purpose of defining the tier of a given member, the table presented in chapter 3 of the present regulation will be used, and the currency correspondence to the currency used in the definition of the tiers and the member’s activity will be made at the average exchange rate published by the BNA, relating to the day to which the Model 1 of the Industrial tax relates;
7.2- For the purpose of paying the fee, the average rate published by the BNA will be used, relative to the day to which the payment is made.
Article 9º
(Payment Method)
1- All payments of Fees, Quotas and other Financial Contributions to be made by AAPC members must be made by bank transfer or direct deposit to the AAPC Bank Account.
2- Each Member must notify AAPC, in writing, of the payment of the Fee and Dues and other Financial Contributions that may be fixed, by sending the Bank document, proof of the deposit or bank transfer made.
3- Upon receipt of the document from the Bank, proof of the deposit or bank transfer made by the Member, AAPC will issue and send the Respective Receipt of Discharge to the Member.
Article 10º
(Gem Values and Quotas)
1- The Values of the Jewel and the Quarterly Shares are included in Annex 1 to these Regulations, forming an integral part of it.
2- Without prejudice to the amounts set in the Table of Fees and Fees referred to in the previous number, any Member may, if he so wishes, pay amounts higher than those set for the quarterly Fees, as set out in these Regulations.
Article 11º
(Review of the values of the Jewels and Quotas)
1- The values of the Fees and Quotas, referred to in the previous Article, may be revised by the General Assembly, upon proposal of the AAPC Board.
2- The increase in Fees and Quotas is always due from the quarter following the one in which the AAPC General Assembly is held to approve the accounts for the previous year’s financial year.
Article 12º
(Collection of Fees, Quotas and other Contributions)
1- It is incumbent upon the Board of Directors to determine the amounts related to Jewels, Dues and other financial contributions to be paid by each of the associates, by applying the table in Annex 1.
2- It is also up to the Board of AAPC to ensure compliance with the obligations of members regarding the timely payment of any amounts provided for in these Regulations.
Article 13º
(Sanctions)
1- Payments made after the scheduled date will be subject to a penalty calculated as follows:
1.1- Penalty of 10% for amounts due less than 3 months ago;
1.2- Penalty of 50% for amounts due for more than 3 and less than 6 months;
1.3- 100% penalty for amounts due more than 6 months ago;
2- Notwithstanding the provisions of the previous number, Associates who are in arrears for more than six months, with the AAPC regarding the payment of their Dues and other Financial Contributions that are due, will be suspended from their social rights, as provided for in Article Eleven, of the AAPC Statutes.
3- The suspension referred to in the previous number will be communicated to the referring Member by registered letter, fax or email, so that, within two months, counting from the day following the receipt of such communication, he can proceed with the regularization or presentation justification for it.
4- Failure to pay Dues and other Contributions by Associates, within the deadlines referred to in the previous paragraphs of this Article, implies the exclusion of the non-compliant Associate and the consequent loss of his/her quality as an AAPC member, as provided for in Article Twelfth of the AAPC Statutes .
5- The exclusion of an Associate in the cases provided for in the previous paragraphs is the responsibility of the AAPC Board and will always be preceded by the hearing of the person concerned, who will be granted a period, never less than twenty working days, to present his defense in writing.
6- The decision of the Management to exclude the Associate, under the terms of this article, may be appealed to the General Assembly, which will deliberate on it at the first meeting following the communication of the exclusion of the Associate, which will be done by registered letter with acknowledgment of receipt.
7- The Associate who is excluded from the AAPC, under the terms of this article, does not have any right over its assets, and cannot recover, under any circumstances, the Jewel, the Quotations and other contributions made by him.
Article 14º
(Associate Readmission)
Any Associate who loses the quality of an AAPC Associate, under the terms provided for in Article 13 of these Regulations, and who wishes to re-enter the AAPC, will be subject to the conditions established for new associates and to the payment of dues in arrears.
Article 15º
(Omitted Cases)
1- All cases not provided for in the present Regulation will be defined by the AAPC Board.
2- Doubts and omissions resulting from the interpretation or application of this regulation, which arise until the first election of the governing bodies, will be resolved by the installing committee.
Article 16º
(Transitional Provisions)
1- Until the election of the first Governing Bodies elected at the General Assembly, the process of admitting members will be the responsibility of the Installing Committee.
