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About us :: Structure and documents :: INNER REGULATIONS

INNER REGULATIONS

BULGARIAN FAMILY PLANNING AND SEXUAL HEALTH ASSOCIATION (BFPA)

INNER REGULATIONS

I. MEMBERSHIP
 /1/ Each capable person more than 18 years old can be member of the Bulgarian Family Planning and Sexual Health Association. Membership is full, each member has the right to one vote and can be elected and propose for elections.. 
According to a decision of the Management Board, as per the number of members of the Association and financial resources available, it is allowed not all members to participate at the AGM, and to have representation. Each delegate can represent one member with a proxy. If there is a need, the MB can change the rule and one delegate to represent more than one member of the Association.    
Membership of the Association is full with the exception of paid staff and members under the age of 18 – both do not have the right to vote at the General Assembly, cannot be elected, but paid staff can pay membership fee
All members of the Association should be interested in conducting activities in the field of family planning and sexual health, to share the Association’ goals, to accept and respect its Statutes.
 /2/ The following persons cannot be members of the Association:
- Incapable;
- Judicially disabled;
- Member of judicially disabled legal body;
- Convicted persons with actual sentence 

 

Application for membership
 The MB of the Association approves written application form with the name, ID number, address, profession, in which the person declares, that he/she is familiar with and accepts the clauses of the Association’s Statutes.
 /1/ The candidate for membership submits this written application to the Management Board of the Association..
 /2/ The Management Board accepts new members on the basis of the application. The Management Board has one-month term after its last meeting to announce its decision. If the applicant s not happy with the MB decision, the decision can be addressed by the AGM and decision will be taken.
 
Rights of members
Members of the Association are entitled to the following rights:
  /1/To elect and nominate themselves for election in the management bodies of the Association, under the condition to be a voting member.
  /2/To be informed on the Association activities
  /3/ To raise issues of common interest for decision-making.
  /4/ To benefit of all the activities of the association as they are mentioned by Art.2 of the Statutes.
  /5/ To have access to the social benefits provided by the Association.
  /6/ To resign voluntary from membership informing in written the MB.

Responsibilities of members
Members of the Association have the following responsibilities::
 /1/ To respect the Statutes, these inner regulations and the decisions of the governing bodies.
 /2/ To contribute to the fulfillment of the Association goals and objectives.
 /3/ To pay regularly annual membership fee with amount and way of payment determined by the General Assembly. The recent amount is 10 /ten/ BGN.
 /4/ To not abuse the Association's interests and not to take actions controversial to its objectives.
 /5/ Not to benefit from the membership in the Association during its existence as well as after its termination.
 /6/ Not to accept personal gifts from pharmaceutical companies and other providers of goods and services to the Association.
 /7/ Not to receive any remuneration from the association, other than reimbursement of expenses, connected exclusively with the activities of the Association.

Termination of membership
 (1) Membership in the Association shall be terminated on one of the
following grounds:
 1) Voluntary resignation, in the condition that the
applicant has fulfilled his/her obligations resulting from his/her
membership.
 2) Decease, judicial disability or invalidity of the conditions of art.1/3/ of the Statutes.
 3) Upon not paying membership fee or systematically not participating in the Association’s activities within the period determined by the General Assembly.
 4) In the case of suspension of the member from the Association.
     A member of the Association shall be suspended with a motivated decision of the Association’s Management Board in the following cases:
 4.1 Failing to observe the Statutes of the Association.
 4.2 Damaging the Association’s image by his/her activities or
behavior.
 The decision for expelling could be appealed in front of the General Assembly of the Association.
 /2/After a voluntary termination of membership, the membership can be renewed under the conditions of art.7/1 of the Statutes.
 /3/ After termination of membership the Association does not return the fees given.
 /4/ The membership rights are personal and cannot be transferred to other persons in the case of decease.
 /5/ Members are responsible for the debts of the Association only up to the paid for fees amount.
 /6/ Only General Assembly of the Association can change and add to the rights and responsibilities of members, resulting of the Statutes and these regulations.

II. CONFLICT OF INTERESTS

 /1/ The General Assembly of the Association approves conflict of interest declaration form for MB members and paid staff (See Annex 1).
 /2/ Every Association member elected for MB member declares the lack of conflict of interest while executing his/her rights and obligations of MB member.
 /3/ Every paid staff of the Association while hired declares the lack of conflict of interest while executing his/her rights and obligations of staff member.
 /4/ This declaration is signed every third year after GA.
 
III. INTERNAL REGULATIONS FOR PAID STAFF

/1/ The working time for the paid staff is 9.30 – 17.30 with 1 hour lunch break. Saturday and Sunday are holidays. If needed the working time can be prolonged, or holidays to be used as working days up to the finishing of the particular task. The additional working hours should be compensated.
 /2/ In case of absence or impossibility to respect the working hours due to personal reasons preliminary announcement and respectively permission of the ED is needed. In case these requirements are not respected, the case is treated according to art.188 of the Labor Code.
 /3/ The paid staff must implement exactly, responsively and on time the tasks assigned, respect the rules for safe and health working conditions, use fully his/her working time according his/her job description, and fulfill the assigned by the employer tasks, that are not in contradiction with the law.
 /4/ With his/her actions, work and outlook not to abuse with and not to damage the image of the Association, as well as not to disseminate confidential information concerning the Association.
 /5/ Not to damage the assets of the Association.
 /6/ Each paid staff member of the Association, who has at least 8 months working period, has the right to paid annual leave with not less than 20 working days.
 /7/ In case of decease, pregnancy, delivery and maternity leave, paid staff are compensated according to the Labor Code and the respective compensation is paid upon receiving the documentation needed.
 /8/ The employer has the obligation to pay all taxes and insurances according to Bulgarian legislation.
 /9/ The tasks and responsibilities of the employee are clearly set in his/her job description, which is discussed and revised annually by the ED and employee together.
 /10/ The performance of the staff is subject of annual appraisal (Using a special appraisal form) done by the ED for the senior staff, and by senior staff for the supporting staff.
 /11/ The annual appraisal of the ED  and Management board members is done by the President.

IV. FINANCIAL REGULATIONS. RISK ASSESSMENT. PRESERVATION OF ASSETS AND INFORMATION.

Accounting procedures and financial management
/1/ The financial management and accountability of the Association are based on one side on the requirements of Bulgarian legislation and international accounting standards, and on another on specific donor requirements.
/2/ For the financial accountability and reporting the responsibility is of the ED, chief accountant and the manager of the concrete project. The Vice-President/Treasurer is the person form the Management board that provides the governance of these processes
/3/ The chief accountant is responsible for the bookkeeping.
/4/ Accounting documentation and information is recorded and analyzed on time using specific electronic accounting software.
/5/ Expenses are planned and approved in the frame of Association’s operational planning according the content of the concrete project and/or activity.
/6/ The President and the ED have authorizing signatures for bank specimen.
/7/ The Program Manager and the Administrative Assistant have authorizing signatures for cash operations.
/8/ When and where possible Association’s units are stimulated to replace the cash flow with bank operations.
/9/ When there is a legal or donor requirement, annual or project audit should be done by external independent registered auditor.
/10/ The policy to the reimbursements of expenses related to travel, accommodation and per diems in the country and abroad refers to the cases in which the staff of the Bulgarian Family Planning and Sexual Health Association is invited to participate in events covered by third party. The organization could pay in advance all related to the participation costs. The costs occurred shell be proved by invoices, protocols and other primary accounting documentation in the frame of the current year.
- Per diems: When BFPA staff, board members, volunteers, experts and partners travel on behalf of BFPA in-country, they use the rates of the standard per diems as per the national accounting policies – 20 BGN for one day trip and 40 BGN per day for two and more days trip. When expenses of travelers (meals etc) are paid, per diems are reduced accordingly. When traveling abroad on behalf of IPPF, rules are applied as per IPPF inner regulations, namely: hotel and local travel in the country of destination are totally covered by BFPA/IPPF and in addition 50 euro per day are given plus 60 Euro lump sum for travel to and from the airport in the country of origin (Bulgaria). When expenses of travelers (meals etc) are paid, per diems are reduced accordingly – 15 Euro less for paid lunch and 25 Euro less for paid dinner. When traveling abroad is under projects funded by EU and UN programs, the flat rate rule is used – travelers receive flat daily rate for the country of destination and cover all expenditures included local transport hotel and meals. If traveling is funded by other donors their general rules are applied, if they are not in contradiction with national, BFPA and other mentioned above regulations.

Risk assessment. Preservation of assets and information.
/1/ The financial means of the Association are kept in bank accounts.
/2/ When and where possible the electronic/bank payment is stimulated for security reasons.
/3/ The amounts needed for cash payments are kept in case in the Association’s HQ.
/4/ Real estates and fixed assets of the Association are insured annually.
/5/ Depreciation of fixed assets is done annually.
/6/ Inventory of the contraceptives and medical consumables is done twice per year.
/7/ The HQ and the units of the Association are based in 24 hours guarded buildings. The doors and windows are secured.
/8/ Program electronic information is archived every 6 months and kept separately. Accounting information is archived every 3 months and kept separately.
/9/ Project documentation and all relevant documents are kept according to law requirement, but for at least 5 years.
/10/ The association has bank accounts in two different banks with the idea in case of force majeure circumstances (bank crash etc) to be able to rely on one of the banks at least and continue with its operational duties. 
/11/ Fraud detection and fake news discovery as well as tendencies of bank stability are followed on ongoing basis. Consultations with market and risk management analysts are held at least twice per year.
/12/ The association at its best strives to diversify donors and types of funding and to address not only traditional project type donors, but also private companies and socially responsible businesses, as well as individuals.

V. PREVENTION AND COUNTERACTION OF MONEY LAUNDERING AND THE FINANCING OF TERRORISM

1) As a non-profit organization, registered for public benefit and carrying out its activity mainly through the submission of projects with expectation of funding, the Bulgarian Family Planning and Sexual Health Association (BFPA) is an obliged entity under Art. 4 of the Money Laundering Prevention Law (MLPW) and as such undertakes the following measures described in the law to prevent the use of the financial system for the purposes of money laundering:
a) Identification of each potential or current donor - natural or legal person
b) Collection and storage of all project documentation for the mandatory period established by law
c) In case of suspicion of money laundering, filing a report with the relevant state authorities – State National Security Agency (SNSA) within the time limit specified by law
2) The above measures are applied individually or together in case of:
a) Receiving amounts by bank transfer exceeding 15,000 (fifteen thousand) euros or their equivalent in another currency
b) Receiving sums in cash exceeding 5,000 (five thousand) euros or their equivalent in another currency
c) A reasonable suspicion of attempted money laundering
d) Exceptions – the above measures are not taken for funds raised through:
-donation boxes, charity bazaars
-projects/donations under programs managed by state institutions and/or EU bodies
3) In order to identify donors/clients, BFPA collects the following information:
a) for individuals - data on an identity card or another valid identification document according to Bulgarian legislation - foreign passport, other travel documents
b) For legal entities (LE) - data from Commerce Registry/Registration Agency - name, legal form, seat, status, subject of activity, term, type and composition of governing body. Data about individuals representing the LE as the governing body. (see individuals). Data for identification of the real owner of the LE as an individual (see individuals).
c) The information collected in this way is processed according to GDPR
4) BFPA representatives assess the risk of a potential or current donor aiming at money laundering according to the following criteria:
a) Donors:
- Registration of an LE outside the EU and/or in a high-risk third country, as part of original donor/client LE
- individual with origin, residence and activities outside the EU and/or in a high-risk third country
- address of correspondence is a third party or an address different from the one in Commerce Registry or the so-called Post-box
- a person with a criminal  record according to the law, or persons related to them
- Individuals and LEs, included in state and international restrictive lists
- persons from the list under Art. 5 of the Law on Measures Against Financing of Terrorism (LMAFT) 
b) Operations:
- more than one consecutive donation below the reporting threshold
- donations exempt from customs duty
- unusual conditions and burdens associated with the donation
- donations from offshore areas or countries that do not apply, fully or at all, measures against money laundering and the financing of terrorism
5) According to Art. 101, para. 11 of MLPW and Art. 67, para. 1 of the RAMLPW, paid employees and members of the Board of Directors of BFPA undergo basic and upgrading training on the legal basis for the prevention and counteraction of money laundering and financing of terrorism within the specified period.
6) BFPA has the right to refuse a donation on moral and ethical grounds that are not related to the above measures to combat money laundering and the financing of terrorism.

These inner regulations are integral part of the statutes and all other official documents of BFPA. They are installed in 2003 and are subject of update and improvement and decisions for application are approved on Management Board meetings. Latest revision at MB meeting in December 2022

 

 

 

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About us :: Structure and documents :: INNER REGULATIONS