Nepalese Association of Georgia (NAG)
By-Laws

Preamble: We, the residents of state of Georgia, the United States of America, to promote Nepali cultures, to foster general welfare of Nepali community, and to form a recognized association, establish By-Laws to guide the governance of Nepalese Association of Georgia.

ARTICLE I: NAME

1. The name of the association shall be “Nepalese Association of Georgia”, hereafter referred as “NAG”.
2. NAG shall be registered with the appropriate State and Federal authorities as a not-for-profit and charitable organization.

ARTICLE II: OBJECTIVES

1. To foster positive communication, mutual respects and cooperation among individuals or organizations of similar objectives and interests.
2. To preserve and promote Nepalese culture, language, traditions and values.
3. To provide information and moral support to NAG members and newcomers of Nepalese origin.
4. To promote and maintain the interests and welfare of the Nepali communities.
5. To promote social, cultural, educational and charitable activities.

ARTICLE III: SCOPE AND LIMITATIONS

1. The scope of NAG will be limited to social, cultural, educational, charitable activities and community-related matters.
2. NAG will be operational within the State of Georgia of the United State of America.
3. NAG will refrain affiliations with political organizations.
4. Without a prior approval of the Executive Committee, NAG and its member will not solicit or organize any fund raising activities on behalf of NAG.
5. Without prior approval of the Executive Committee, NAG and its members shall not associate with other community groups on behalf of NAG.
6. Without prior approval of the Executive Committee, a Committee Member will not spend NAG’s funds for donations or charities to any individual, community or organization within or outside the United State of America.

ARTICLE IV: MEMBERSHIP, PRIVILEGES, FEES AND MEMBERSHIP RENEWAL

1. NAG Membership is open to everybody willing to join and support the objectives of NAG. Nobody will be denied of membership if the person agrees to abide by NAG By-Laws.
2. A membership application along with appropriate fees must be submitted to obtain NAG general membership.
3. A member shall not engage in activities that are against the objectives and scope of NAG.
4. Membership Categories;
   1. Individual
   2. Life-Membership
      1. Individual life membership
      2. Family life membership (spouse and children under 18 years)

PREVILEAGES

1. An active NAG member shall be a candidate for the Executive Committee
2. An active NAG member may vote on any matters of NAG’s business at any meeting and represent NAG.

FEES AND RENEWAL

1. The annual membership fees shall be determined and modified by the majority decision in the Annual General Meeting (AGM) of NAG.
2. In case of financial hardship, the membership fees may be waived partially or fully in individual basis by the Executive Board. Request for partial or full waiver must be made in writing to the Executive Committee.
3. The general membership shall be valid for one term only. Members are required to pay membership dues at least 30 (thirty) days prior to the scheduled candidate nomination date for NAG election, in order to be eligible to vote in NAG election. A voting member is required to show an original, valid Georgia photo identification (ID) issued by state of GA as determined by election commission.

ARTICLE V: EXECUTIVE COMMITTEE MEMBERS

1. The Executive Committee Members shall be elected by the majority of members present in the AGM through a closed ballot with a provision of proxy voting. Eligible candidate must have maintained NAG membership at least of one full term.
2. The term of the Executive Committee shall be for a period of two years.
3. Candidates for the president must have had at least one term of prior service as an active executive committee member of NAG.
4. An eligible candidate can serve as elected president of NAG up to 2 (two) terms only in his/her lifetime.
5. Executive members are required to be present in person in more than 50% of the executive board meetings. Failure to meet the physical presence requirement may result in ineligibility of being a candidate in NAG executive board for immediate one term.
6. Any members defaming (damaging reputation of) NAG as an organization will not be allowed to be a candidate in NAG Executive Board elections.
7. The candidates for NAG Executive Board Officers must be qualified for operating a financial account and they must be free from legal liabilities. The candidate may by asked to provide proper clearance report along with his/her candidacy.

The NAG Executive Committee shall consist of following officers;

1. President (One)
2. Executive Vice-President (One)
3. Vice-President (One)
4. General Secretary (One)
5. Joint Secretary (IT) (One)
6. Treasurer (One)
7. Executive members (Seven)

ARTICLE VI: ROLES AND RESPONSIBILITIES

1. Newly elected NAG Executive Board will nominate an advisory board. The total number of advisors will not exceed the number of members in the Executive Board.

Executive Committee:

1. The Executive Committee shall manage the affairs of NAG on behalf of the members. The administration, general governance and implementation of the policies of NAG shall be vested in the Executive Committee.
2. Violation of BY-LAWS may require disciplinary action as determined by the Executive Committee or a special committee formed for this purpose.
3. A Committee Member shall perform the following specific duties as determined by the Executive Committee.
4. Sworn in Executive Committee members shall not seek for executive title in another similar organization to refrain from bias privileges such as voting and representation of association in a general public. If an individual wish to be nominated in similar organization(s), he/she must consult and submit written resignation to NAG’s president.

President: President shall undertake overall leadership of the NAG, shall coordinate administrative work, including supervision of the day-to-day activities of the Executive Committee.

Executive Vice-President: Executive Vice- presidents shall perform the duties of the president if president is absent or the president’s position becomes vacant.

Vice-Presidents: Vice- presidents shall perform the duties of the president if president and executive vice-presidents are absent.

General Secretary: Maintains records of the official documents, including decisions made on behalf of NAG. Organizes activities of NAG as authorized by the Executive Committee. Maintains membership register and provides membership renewal notices.

Joint Secretary (IT): The primary responsibility of joint secretary shall be coordination and management of information technology to disseminate the news and information to NAG members and other relevant individuals and organizations. He/she shall develop and maintain electronic communication resources, including a website containing information pertaining to NAG.

Treasurer: Acts as a financial advisor, and maintains custody of the funds by keeping complete and accurate accounts of all assets, liabilities, receipts and disbursements of NAG as authorized by Executive Committee. Prepares annual budget and financial report for presentation to Executive Committee and AGM.

Executive Members:

Language, Culture and Education Member: To plan, organize and promote Nepali language classes and other educational activities of NAG as authorized by the Executive Committee.

Youths and Children Member: To plan, organize and promote the special programs and activities for youths and children as authorized by the Executive Committee.

Publication Member: To coordinate the publication and distribution of official newsletter and other materials of NAG as authorized by the Executive Committee.

Public Relation Member: To serve as a spokesperson and external liaison for NAG as authorized by the Executive Committee.

ARTICLE VII- RESIGNATIONS, VACANCIES AND REMOVALS

1. Any Executive Member of NAG may resign from his/her post, with a two-week prior notice, in writing to the President. Such member may resume the membership at a later date.
2. Any Advisory Board Member may resign from their post with a two-weeks prior notice.
3. If any NAG Executive Members or Advisory Board Member is not fulfilling his/her responsibilities and/or is engaging in illegal activities or acting against the interest of the community, the executive members can vote to suspend or remove him/her from the post.
4. Any NAG executive Member can bring forth a motion of suspension or removal of Executive Member(s) to Executive Committee meeting if he/she can back up the motion with supportive evidence.
5. The NAG executive committee cannot vote for a dismissal without voting for suspension. After a probationary period, the executive Board can vote to fully reinstate or dismiss the NAG Executive Member or the Advisory Board Member.
6. Votes to suspend, re-instate or dismiss an Executive Board member require a two-third majority of NAG Executive board.
7. President may seek to fill vacant post within the Executive Committee and president’s nominee must be approved by the Executive Committee by two third majority votes of NAG Executive Board.

ARTICLE IX: ELECTION COMMITTEE

1. The Executive Committee shall form an Election Committee when necessary to conduct NAG’s election in an effective manner.
2. The members for an Election Committee may be appointed from the general members of NAG.
3. The performance of the Election Committee must be announced of the AGM.
4. An Election Committee can be dissolved by the Executive Committee on completion of the mission.

ARTICLE X: MEETINGS

Agenda/Minutes: Each meeting will be conducted as per the agenda prepared and circulated to the NAG members prior to the meeting. Each meeting will have a minute’s review session to evaluate the actions taken in response to the prior meeting.

Majority Rule: Any matter put before a meeting except as specified in the BY-LAWS are carried out by majority voting.

Quorum: At least fifty percent of the Executive Committee Members must be present to fulfill the quorum for the Executive Committee meeting. NAG shall hold the following three types of meetings:

1. Annual General Meeting: All members of NAG will be invited to attend the General Meeting. Every year, there will be one Annual General Meeting (AGM). However, the Executive Committee may call a General Meeting at any time if need arises. The date, time and location of all General Meetings must be notified in advance to all NAG members. In the AGM, the Executive Committee shall present a report on the past year activities and performance, and also present a framework for coming year. Similarly, financial and auditor’s report and membership status will be presented in the AGM.
2. Special Meeting: The Executive Committee may call a “Special Meeting” at any time of the year in special circumstances. The Executive Committee may invite anyone and is not obliged to call all members in such a meeting. The invitation shall state the special reason(s) for requirement of holding such meeting. No BY-LAWS can be amended or passed in such a meeting and every decision should be made within the framework of the existing BY- LAWS.
3. Executive Committee Meeting: Meetings of the Executive Committee will be held on a regular basis as determined by the Executive Committee. The date, time and location of the meeting must be notified in advance to all Committee Members.

ARTICLE XI: FINANCE

1. The fiscal year of NAG shall be from April 1 to March 31 of the next year.
2. The Executive Committee shall have the authority to spend NAG fund as necessity arises in conducting NAG’s business. But it will not make any extraordinary expenditure without the approval of the majority members present in the meeting.
3. A bank draft issued from NAG’s account shall only be valid issued by treasure and president.
4. The Executive Committee shall select an Auditor in advance of the AGM with the responsibility of auditing the financial statements of NAG.
5. The Auditor shall make such examination of the financial statement, receipt and vouchers for the fiscal year and submit report to the Executive Committee.
6. NAG shall purchase liability insurance to protect the association from the risks of liabilities imposed by lawsuits or other similar claims. NAG Executive Board members can not take any legal action against the association. Disputes will be resolved by NAG internally.

ARTICLE XII: SECRETARIAT AND EXECUTION OF DOCUMENTS

1. The Executive Committee shall conduct the business of NAG from home-based offices of the Committee Members.
2. A USPS Post mailbox may be established in the future, if necessary.
3. The person designated by the Executive Committee will sign the official letters and 
correspondences prepared on behalf of NAG. A copy of such document must be retained systematically in NAG files.
4. No Committee Member may issue Referral Letters, Certificates, and Recommendations under NAG’s seal to anyone without a prior approval of the Executive Committee.

ARTICLE XIII: AMENDMENTS

1. Any proposals for changes to the BY-LAWS must be made in writing by a member “in good standing” and signed and supported by at least two members “in good standing”. Such proposals must be submitted to the Executive Committee at least seven days before the AGM.
2. Such a proposal may be presented for discussion and voting in the forthcoming General Meeting (AGM). Any proposal received after the General Meeting shall be held over for the next General Meeting.
3. Adoption of any proposals to change the BY-LAWS will require an approval of the two-thirds majority of the members present in the AGM in a closed voting.

ARTICLE XIV: NO CONFIDENCE MOTION

1. A motion of no confidence against any or all members of the Executive Committee may be proposed by members “in good standing”. Such a motion shall be in writing and signed by at least 25 percent of total members “in good standing”. A motion for no confidence shall be reviewed at a Special Meeting called for this purpose. The notice of the Special Meeting must be sent to all members at least 30 days in advance with a provision of proxy voting.
2. In order to pass a no-confidence motion at least two-third of the vote shall be required.

ARTICLE XV: DISSOLUTION

1. NAG may be dissolved if there is an extended period of inactivity, and if there are other justifiable reasons. In order to dissolve the organization, a notice must be sent to all members “in good standing” at least 30 days in advance of the Special Meeting with a provision of proxy voting.
2. Upon dissolution and/or merge of NAG to another organization and after payment of all debts and liabilities, its remaining property shall be distributed or disposed of as determined by the majority voting of the General Meeting or Special Meeting called for the purpose.
3. At least two-third majority votes in favor of dissolution is required to pass the NAG dissolution proceeding.

ARTICLE XVI: TITLES AND COMMENCEMENTS

1. This BY-LAW shall be called “The BY-LAWS of Nepalese Association of Georgia, USA 2018”.
2. The By-laws shall come into effect on: Immediately after the AGM of NAG.

APPENDIX A

Active NAG members: “Active NAG member” means a member who has renewed his/her membership by paying membership dues.

1. Term: A term is a period starting from the day of AGM that elects the NAG Executive Committee and ends 30 (thirty) days prior to the scheduled candidates’ nomination day for next election day of NAG Executive Board.
2. Membership: Member must apply or renew his/her membership at least 30 days prior to the scheduled candidates’ nomination day.

Last updated: 4/14/2018
Amendment by By-Laws Committee (Janak Baral, Dr. Bishwa Adhikari, Bhabindra Basnet, Raju Thapa, Pranaya Lama)