Welcome to Indian Chamber of Commerce in Cambodia

  • Call us: +855 (0) 98 805 999
  • Mail US : inchamcam@gmail.com
  • ADD US : InCham Cambodia
  • Call us: +855 (0) 98 805 999
  • Mail US : inchamcam@gmail.com
  • ADD US : InCham Cambodia
  • #35, Street 506, Sangkat Phsa Doeum Tkov,
    Khan Chamkarmon, Phnom Penh, Cambodia.

  • Mon - Fri 9:00 - 17:00,
    Sunday Close

KINGDOM OF CAMBODIA

INDIAN CHAMBER OF COMMERCE IN CAMBODIA (INCHAM)

 STATUTES

 

 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.

  • Mr. DEBASISH PATTNAIK
  • Mr. SANDEEP MAJUMDAR
  • Mr. MOHAN GUNTI
  • Mr. NAGARAJU VEMULA
  • Mr. MOHIT RAJVANSHI

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: 

  • To represent the views of the business community of the Members of the Chamber;
  • To endeavor to improve access of Indian Business to the Cambodian Market;
  • To support the Members in accordance with the provisions in these Statutes and to provide services to Members and non-Members relating to economic, legal, technical, financial, market and other business issues in Cambodia;
  • To facilitate the creation of strategic alliances between small, medium size and Corporate  companies of Cambodia, India and other Nations;
  • To promote a strong Indian Business identity vis-à-vis the Cambodian Business community;
  • To promote strong ties with the Cambodian Chambers of Commerce or other Business Chambers or Associations in Cambodia ;
  • To abide by the laws and regulations of the Kingdom of Cambodia.

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:

  • Each Indian Citizens or Overseas Indian Citizens either may being representative of the Corporate Member or being Individual Member will have one vote and also will be eligible to become a Board of Director of the InCham.
  • The non-Indians either may be representative of the Corporate Member or Individual Member and also representatives of the Associate Corporate Member, Affiliate Members, and Honorary Members neither will have voting right nor will be eligible to become Board of Directors of the InCham.
  • All Members shall be equally entitled to have such access to the Services of the InCham as is permitted under these Statutes and the InCham Rules, and upon payment of any fees charged to Members in respect thereof.
  • Each Member shall be deemed by virtue of his/her Membership to agree to abide by these Statutes and InCham Rules and to pay any fees charged by InCham in accordance with these Statutes and InCham Rules.

Article 2.6:    Termination of Membership:

Membership shall be terminated:

  • By resignation in writing to the Board of Directors of the Chamber signed by the Member.
  • When the Member has failed to pay the Subscription Fee within one month of giving him a second notice.
  • By a resolution of expulsion passed by an affirmative vote of two-thirds (2/3rds) majority of the Members of the Board of Directors of the Chamber present at a meeting held in accordance with these Articles.
  • Membership will be automatically terminated on the date that a Member dies, resigns, is declared bankrupt or insolvent by a court of competent jurisdiction, is dissolved or ceases to carry on business, ceases to be eligible as a Member, is expelled under Article 2.6 above
  • If the Member is over fifty (50) days in arrears of payment of any fees due to the InCham.
  • Members once they are terminated from their Membership should return all the properties of the Chamber.

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:

  • Extraordinary General Meetings of the Chamber shall be convened by the President within 14 days of request received from majority of its Board of Directors or voting Members.

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:

  • In case of Annual General Meeting: 21 days prior notice.
  • In case of Extraordinary General Meeting: 14 days prior notice.
  • In case of Board of Directors Meeting: 7 days prior notice.

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.

  • In the event that the quorum is not complete at any meeting, the meeting shall be adjourned to the following week at a place, date and time to be appointed, and should the number of Members then present be insufficient to form a quorum, those present shall nevertheless be considered as a complete quorum.
  • Except otherwise provided in the Law OR in this Chapter, decisions of the Annual General Meetings, Extraordinary General Meetings and Board of Directors shall be adopted by a simple majority of voting Members present in person or by proxy (through written email.)

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.

  • The Founding Directors will form the First Executive Board with Full Board Members as President, Vice President, Director – Chamber Affairs and 3/5 Board Directors with some responsible positions. Each Board Director will hold an active committee as a Head or Co-Head Positions depending upon the work responsible.
  • The Founding Directors need to form the Electoral Committee, one month before the First Term who would oversee the First Board elections for the Second Term.
  • The Founding Directors will be the Permanent Members (Advisory Board) of the InCham Cambodia and once they finish their current tenures they will be automatically become the part of Advisory Board Members.

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.

  • The Board of Directors may from time to time make, vary and revoke By-Laws (not inconsistent with the Statutes) for the regulation of the internal affairs of the Chamber and conduct of the Members in such By-Laws shall be binding on all Members.
  • The Board of Directors shall be responsible for carrying out all resolutions of the Chamber, and for organizing or appointing Members to organize the activities for the Chamber.
  • The Board of Directors shall have full authority to enter into financial transactions and to deal in all matters associated with the Chamber.
  • All funds of the Chamber or any part of such funds may only be dealt with by the President and one (1) more authorized person within the BOD.
  • The Board of Directors shall have powers to obtain, collect and receive money and funds by contributions, sponsorship, donations, subscriptions, or any other way, for the activities of the Chamber and its Chapters.
  • President in consultation with the Members of Board may form Committees to take care of the Chamber activities from time to time.

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

  • An account book shall be available at the office of the Chamber and can be inspected by the Members of the Chamber.
  • The income and property of the Chamber whenever and however derived shall be applied solely towards the promotion of the objectives of the Chamber and its Chapters.  No portion thereof shall be paid or transferred directly or indirectly by way of dividend, bonus, profit or otherwise howsoever, to any Member of the Chamber.
  • The Board of Directors may in good faith direct that payment by way of proper remuneration and / or reimbursement of reasonable expenses be made to any Officer or Member of the Chamber for services rendered and / or out-of-pocket expenses or any other fees or charges incurred on behalf of the Chamber.

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.

  • A Branch of the Chamber , if any,  can be dissolved only by the majority vote of the Board of Directors upon request by not less than three-fifths (3/5) of the voting Members of the relevant Branch. No proxies to be 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.

  • Notice of dissolution shall be given within seven (7) days after the dissolution to the Members and relevant authorities.

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

  1. Mr. Debasish Pattnaik                                               dp
  2. Mr. Sandeep Majumdar                                             sm
  3. Mr. Mohan Gunti                                                        mg
  4. Mr. Nagaraju Vemula                                                 nv
  5. Mr. Mohit Rajvanshi                                                   mr

Place: Phnom Penh, Cambodia

Date: 08.02.2012