KINGDOM OF CAMBODIA
INDIAN CHAMBER OF COMMERCE IN CAMBODIA (INCHAM)
About INCHAM Cambodia
Mission was established on 8th February, 2012 to represent Indian Businesses Entrepreneurs, Professionals living and working in Cambodia with the mission to become a major resource for information on trade, investments, business, and consulting in the country by the following Founding Members supported by the Indian Embassy in Cambodia.
It’s objective is to act on behalf of Indian Business Organizations and Individuals for business facilitation, regulatory exchange and dispute resolution as well as to promote India-Cambodia economic and bilateral relations and vice versa.
CHAPTER 1: DEFINATIONS
Article 1.1: Name of the Organization:
The name of the Organization shall be an INDIAN CHAMBER OF COMMERCE IN CAMBODIA (hereinafter referred as “INCHAM”). INCHAM shall be a corporate and autonomous private sector organization, with perpetual succession that can acquire movable and immovable property rights and assume obligations, and will sue and be sued in its own name, independently of its members.
The Membership and activities shall seek to cover the Kingdom of Cambodia (hereinafter referred to as Cambodia) in its entirety, but shall be centered in Phnom Penh and may open branches in future.
Article 1.2: Patron of INCHAM Cambodia:
The Ambassador of India in Cambodia shall be the Patron of INCHAM Cambodia.
Article 1.3: Objectives:
Article 1.4: Resources:
Resources of the Organization are Membership Registration Fees, Annual Subscriptions, Sponsorships / Advertisements, Funding Agencies, Donor Contributions, Govt. Institutions and Non Govt. Agencies.
CHAPTER 2: MEMBERSHIP
Article 2.1: Membership Categories:
Corporate Membership: The Corporate Membership is available to Indian owned or managed businesses or businesses which can demonstrate substantial ties with good standing and are based in Cambodia. Membership entitles the Member Company to Two company representatives. There is a maximum limit of four company representatives for Corporate Membership. For additional representation from a company, please check with the Membership Committee. Have Voting Rights.
Professional Membership: The Professional Membership is available to Indian Business people and is particularly suited to Consultants, Freelancers, and single person businesses with good standing and are based in Cambodia. Have Voting Rights.
Associate Corporate Membership: The Associate Corporate Membership is available to non-Indian owned or managed businesses with good standing and are based in Cambodia. Membership entitles the Member Company to One company Representative. No Voting Rights.
Associate Professional Membership: The Associate Professional Membership is available to business people of other Nationalities with good standing and are based in Cambodia. No Voting Rights.
Allied Membership: The Allied Membership is available to those companies, which are registered outside the Cambodia and which are in good standing and looking for business expansion in Cambodia. No Voting Rights.
Affiliate Membership: The Affiliate Membership is available to Business Chambers, Business Organizations, Associations, Governmental & Non Govt. Institutions, Authorities and Media Institutions with interest in business investments, regulators, and trade promotions. No Voting Rights.
Honorary Membership: Highly Acclaimed Individuals, Senior Government Officers, Embassy Diplomats who have made, or are likely to make, a special contribution to the InCham and who are invited by the Board of Directors of the Chamber to become Honorary Members of the InCham. No Voting Rights.
Note: There are NO VOTING RIGHTS to Associate, Allied, Affiliate and Honorary Memberships.
Article 2.2: Membership Period:
All the Memberships in InCham will be an Annual basis. The said Membership starts from the date of acceptance of Application and expires on the 31st of December of every year and renewed accordingly as per set membership committee rules and fees.
Membership Fees, New Memberships and Renewal Memberships, Types of Membership, Terms and Conditions etc. will be clearly described in the Membership Docket by the Current Executive Board.
Article 2.3: Corporate Representation:
Each Corporate Member shall appoint one or more of its Officers or Employees to represent in InCham as Corporate Member’s Representative. The maximum number of Representatives shall be Four. Each Company Representative shall be appointed by the Corporate Member giving written notice to the Board of Directors of the Chamber and may be removed and replaced at any time by the Corporate Member by giving the written notice to the Board of Directors of the Chamber.
Article 2.4: Liability of Members:
The liability of the Members of the InCham for the debts and obligations of the InCham shall be limited to the payment of any amount owed by them to the InCham under these Articles.
Article 2.5: Rights and Duties of Members:
Article 2.6: Termination of Membership:
Membership shall be terminated:
CHAPTER 3: MEETINGS
Article 3.1: Annual General Meeting:
The Chamber shall have at least one Annual General Meeting for which notice shall be served to all Members of the Chamber at least 21 days prior to the meeting, wherein the Chamber Activities, Reports and Annual Accounts shall be presented and approved.
Any Active Member who wishes to place an item on the agenda of an Extraordinary General Meeting may do so provided that he or she gives notice to the President 4 days before the meeting is due to be held.
Article 3.2: Extraordinary General Meeting:
Article 3.3: Board of Directors Meetings:
The Board of Directors meetings shall be convened by the President of the Chamber in consultation with the other Members of the Board as often as they shall deem necessary, but at least once in a month.
Article 3.4: Notice:
All meetings should be held after serving appropriate notice containing agenda, day, date, time and place to the eligible Members / Board of Directors and such notice shall be served much in advance as follows:
For calculating the number of days for the above the date of the meeting and date of the notice shall be excluded. All such notices can be sent either by normal post or by E-Mail.
Article 3.5: Quorum and Required Majority to approve the decision:
The quorum for any of the above meetings shall be 25% (Twenty five percent) of the total number of voting Members of the Chamber.
CHAPTER 4: InCham SECRETARIAT / EXECUTIVE BOARD / BOARD OF DIRECTORS
The InCham shall have a Secretariat which will overseen by Executive Board Members and to be responsible for day to day running of the Chamber & to conduct its affairs. The Executive Board may be formed with a minimum of 5 / 7 / 9 Board Members until and unless other new Board Members are increased after the consent of the current Board.
Article 4.1: Founding Directors and Advisory Board
First Board of Directors of the Chamber, will be Founding Directors of the Chamber and within One Month of the InCham Registration, they should take over and mange Chamber affairs effectively and will hold the office until First 2 years of the Initial Operation.
Subsequently, all the Immediate Past Presidents can also become the Members of the Advisory Board upon their concern.
Article 4.2: First Board of Directors:
The First Board of Directors of the Chamber, will be the Founders of the Chamber and will be responsible to handle & mange Chamber affairs effectively and will hold the office until 31st December 2014.
Article 4.3: Subsequent Board of Directors:
Subsequent Board of Directors are elected by the Voting Members of the Chamber once in every 2 years. The Second InCham Elections will be held in the month of December 2014 by serving 21 days prior notice. The First Board of Directors will monitor the elections and hand over all the records and affairs to such elected Board of Directors by 31st December 2014. In the same manner, every 2 years the new Board of directors are elected by the Voting Members of the Chamber.
Article 4.4: Powers and Duties of the Board of Directors:
The General Management of the Chamber and its Chapters is vested in the Board of Directors.
Article 4.5: Committees / Sub-Committees:
The Executive Board may form Committees who share common interests by virtue of e.g. their field of business and/or Sub-Committees to take care of different portfolios from time to time to assist in running of the InCham. Any Member of the Board may be the Head of the Committee / Sub-Committee who may select any other Member(s) as Co-Head to form the Committees / Sub-Committees.
Article 4.6: Structure of the Executive Board:
The Executive Board comprises of President, Vice President, Board of Directors, Advisory Board Members and Committee Heads.
CHAPTER 5: ACCOUNTS
CHAPTER 6: AUDIT
Two persons not Members of the Board of Directors or Committees will be elected as Honorary Auditors at the Annual General Meeting of the Chamber. They will be required to audit the accounts maintained by the Chamber.
CHAPTER 7: CHAMBER BY-LAWS
A simple majority of either the voting Members of the Chamber or of the Board of Directors present in person or by proxy at either an Annual General Meeting or at an Extraordinary General Meeting may modify, add and repeal the By-Laws, as long as they do not conflict with this Statutes and if at all any major issues needed to be addressed. If so, then the Members will be notified of any such change in the By-Laws.
CHAPTER 8: AMENDMENT OF THE STATUTES
No amendment to these rules statutes be made except at an Annual General Meeting or Extraordinary General Meeting of the Chamber.
CHAPTER 9: DISSOLUTION
Article 9.1: Means of Dissolution:
The Chamber shall not be dissolve, except with the consent of not less than three fifths (3/5) of the voting Members of the Chamber for the time being resident in Cambodia expressed either in person or at a General Meeting or Extraordinary General Meeting convened for such a purpose. No proxies are allowed.
Article 9.2: After Dissolution:
In the event of the Chamber or a Branch, if any, being dissolved as provided above, all debts and liabilities legally incurred on its behalf including pre-paid dues shall be fully discharged and the remaining funds will be devoted to such local charitable organization or other organizations as the voting members shall decide.
These Statutes of the Indian Chamber of Commerce are signed by the following Founding Members on 8th February, 2012, at Phnom Penh, Cambodia.
NO. NAME OF THE FOUNDING MEMBERS SIGNATURE
Place: Phnom Penh, Cambodia