Statutes of the UINL
Approved by the General Meeting on 2 October 2007 in Madrid,
and amended on 2 October 2015 in Rio de Janeiro and on 3rd December 2021 at its virtual session.
The International Union of Notaries has its origins in the “International Union of Latin Notaries" (UINL) established at the first International Congress held in Buenos Aires on 2nd October 1948 on the initiative of the Notarial College of this city, while its statutes were approved during the second International Congress held in Madrid on 21st October 1950.
It retains its original logo and acronym “UINL”.
The International Union of Notaries represents the spiritual unity and the institution of Latin-type Notaries whose members are lawyers, independent and impartial advisers who, by delegation of public authority, confer authenticity on documents that they prepare, giving a guarantee of legal security and contractual freedom.
TITLE I: GENERAL RULES
Art. 1. Name - Aims - Offices
1.1 The International Union of Notaries, hereinafter referred to as “UINL", is a non-governmental organisation established to promote, co-ordinate and develop the duties and activities of Notaries in the whole world.
1.2 The honorary office of UINL is in Buenos Aires (Argentina).
1.3 The headquarter is in Rome (Italy) Via Flaminia, 160.
Art. 2. Objectives
The objectives of UINL are:
a) The promotion and application of the fundamental principles of the Latin-type Notarial system, as well as the principles of notarial deontology,;
b) Representation of Notarial bodies before International Organisations and collaboration with said organisations;
c) Co-operation with national chambers of notaries, Members and non-members of UINL, and any other related institutions, especially with a view to encouraging the development of Latin-type notaries;
d) the promotion, organisation and development of vocational training and support to scientific works in the notarial domain;
e) the promotion of the international congresses of UINL and support to professional congresses and meetings which go beyond purely national interests.
Art. 3. Members of UINL
3.1 The Members are the national chambers of notaries admitted by the General Meeting.
3.2 They are represented:
a) by their national representative body;
b) if there are no organisations referred to in the preceding paragraph, then by only one national delegation designated by the notarial bodies of the country.
3.3 Membership is lost:
a) by voluntary resignation;
b) by decision of the General Meeting when there are serious and justified reasons therefor relating to the goals and objectives of the Union and compliance with these Statutes.
Art. 4. Resources of UINL
The resources of UINL include:
a) ordinary or extraordinary contributions of Member Chambers of Notaries;
b) receipts deriving from the activities and the publications edited and published by the Union;
c) gifts, legacies, subventions and subsidies.
d) any other income or sources of funding.
TITLE II: BODIES
Art. 5. List
The Bodies are:
a) the General Meeting of Members (hereinafter referred to as “the General Meeting”)
b) the President
c) the Steering Committee
d) the General Council
e) the Financial Supervisory Council
CHAPTER I: THE GENERAL MEETING
Art. 6. Composition
6.1 The General Meeting is the supreme body of UINL.
6.2 It is formed by all Members, represented by their respective Presidents or duly appointed delegate, in compliance with respective national provisions.
6.3 A Member cannot be represented by another Member.
Art. 7. Meetings
7.1 The General Meeting shall meet in ordinary session each year, in the course of the second semester, at the date fixed by the President at least nine months in advance.
7.2 The last ordinary session of a legislature shall coincide with the International Congress of Notaries.
7.3 The General Meeting may be convened in an extraordinary session by the President, either on his own initiative or at the request of at least one tenth of its Members with prior notice of 30 days; in this case, the Meeting must take place within 60 days.
7.4 In case of force majeure, emergency situation, state of necessity or similar, the President or, if applicable, the applicants for the convocation, may decide that both ordinary and extraordinary General Meetings shall be held by videoconference or other means of telecommunication or in a mixed form (physical and remote presence of the participants), using a technique that allows the identification of the participants and guarantees their effective participation. The same applies in the absence of an acceptable invitation from a Member Notariat.
A Member is entitled to participate virtually in the General Meeting if one of the above situations occurs or if he is unable to participate for other serious reasons. Such situations shall be assessed by considering the circumstances of the country to which the Notariat in question belongs and/or those of the country in which the meeting is to be held. The technical and practical requirements of such General Meeting may be regulated by the General Bye-Laws.
Art. 8. Quorum in attendance
8.1 The deliberations of the General Meeting are taken by majority vote and with the presence of at least half of the Members. At second call, the deliberation shall be valid regardless of the number of attendees. In resolutions approving the financial statements and those relating to their liability, the administrators do not have a vote
8.2 To amend the statutes, the provisions of Art. 10.1 shall apply. A quorum in attendance duly recorded at the beginning of a meeting, shall be valid for all purposes for the entire duration of the meeting.
8.3. To deliberate on the dissolution of the association and the return of the assets, the favourable vote of at least three quarters of the Members is required.
Art. 9. Voting rights
9.1 Each Member has one vote.
9.2 A Member that has not complied with its financial obligations to the Union shall be deprived of its right to vote, unless the General Meeting considers that there is a valid reason for such default.
Art. 10. Majorities
10.1 Decisions shall be taken by a majority of votes of the Members whose attendance has been acknowledged in accordance with the provisions under article 8.
The attendance and the vote of the majority of UINL Members having the right to vote shall be required to approve and amend the statutes. The same requirements shall be required to admit and exclude Members.
10.2 Only votes in favour or against shall be counted in order to calculate the required majority, excluding abstentions and spoiled ballots.
Art. 11. Powers of the General Meeting
The General Meeting has the following powers:
a) It takes any initiative or decision in the political or scientific domain of the international notarial institution and assigns the implementation thereof to the President, the Steering Committee or the General Council;
b) It fixes the guidelines and approves the programme of activities of UINL;
c) It approves any amendments of the statutes and general bye-laws;
d) It admits and excludes Members;
e) It grants the status of observer to any interested and qualified notarial organisation;
f) It sets up commissions and may provide the instructions it deems useful to put in place working groups;
g) It elects the President, the vice presidents, the secretary and the treasurer of UINL as well as additional members in accordance with article 14a), and also appoints the presidents of Commissions;
h) It appoints the members of the Financial Supervisory Council;
i) It appoints the members of the General Council after having considered the relevant proposals of UINL Members;
j) it approves the annual report on the state and the activities of UINL;
k) it approves the budget (including allocations) as well as the yearly accounts and fixes the yearly membership fee;
l) it approves the report of the Financial Supervisory Council;
m) it unburdens the members of the Steering Committee and the President;
n) it appoints recipients of the Order of Merit;
o) it takes any decisions relating to the Statutes.
CHAPTER II: THE PRESIDENT
Art. 12. Duties and Powers
12.1. The President is the official representative of UINL as well as the guarantor of its unity.
12.2. He implements the policy of UINL with the collaboration of the Steering Committee in accordance with the programme of activities adopted by the General Meeting.
12.3. The President convenes and chairs the General Meeting, the Steering Committee and the General Council.
12.4. He fulfils any other duty and carries out all the other tasks assigned to him by the Statutes.
CHAPTER III: THE STEERING COMMITTEE
Art. 13. Duties and Powers
The Steering Committee is the executive and governing body of UINL.
a) It manages the activities of UINL within the framework of the relative programme adopted by the General Meeting ensuring the implementation thereof.
b) It manages ordinary business and supervises the fulfilment of tasks by the Administrative Secretariat.
c) It appoints the representatives of UINL at International Organisations.
d) lt appoints the members and boards of the commissions (excluding presidents) and ratifies the ones of working groups, selected in compliance with the provisions under article 17g) and 17h). In case of urgency it can establish ad hoc working groups on its own initiative.
e) It supervises the evolution of finances and, within this framework, approves, if necessary, any funding requiring a prompt decision; it also draws up the annual accounts and the budget to be submitted to the General Meeting for approval.
f) It approves and amends the bye-laws, other than the general bye-laws of UINL.
g) It fulfils all the duties and missions that the General Meeting of Members assigns to it
Art. 14. Composition
The Steering Committee, of which the total number of members, with or without voting rights, cannot exceed one third of the number of Members of UINL, is formed by the following:
a) Members with voting rights
- the president
- the vice presidents
- the treasurer
- a number of additional councillors elected by the General Meeting to reach, if necessary, the number mentioned hereinabove.
b) Members having a consultative voice
- the outgoing president
- the secretary
- the presidents of continental commissions
- the president of the Advisory Commission
- the president of the International Notarial Co-operation Commission (CCNI), provided that they are not holding one of the offices mentioned under a).
The Steering Committee shall be composed in such a way as to assure fair distribution between all the continents, and within each, between the various geographical areas.
Art 15. Meetings
15.1. The Steering Committee shall meet at least three times per year in physical, virtual or mixed presence, according to the President's decision.
15.2. It may also meet in extraordinary session, and without any limitation, either on the initiative of the President or at the request of at least 5 members having voting rights in physical, virtual or mixed presence, according to the decision of the applicants for the convocation..
15.3. Article 7.4 shall apply by analogy.
15.4. The quorum in attendance required is a majority of the members of the Steering Committee having voting rights and the decisions taken must receive the assent of the majority of voting participants, excluding financial matters for which a two thirds majority is required. In the event of an equality of votes, the President shall have the casting vote.
CHAPTER IV: THE GENERAL COUNCIL
Art. 16. Duties
The General Council is the advisory body of UINL, in charge of political and scientific reflection.
Art. 17. Powers
The General Council has the following powers:
a) It provides opinions and recommendations, either on its own initiative, or at the request of the President, the Steering Committee or the General Meeting, on all matters affecting the interests of UINL and, in particular, on those tied to the programme of activities and the guidelines established by the General Meeting.
b) It examines, either on its own initiative or at the request of the President, the Steering Committee or the General Meeting, any matters of interest for the preservation, strengthening, expansion and spread of Latin-type notaries.
c) It proposes to the Steering Committee matters to be examined by the latter or to be included on the agenda of the General Meeting.
d) It must be consulted on the admission of new Members.
e) It must issue recommendations on amendments to the statutes and general bye-laws.
f) It takes note of the applications of candidates to the posts of president, vice presidents and treasurer, as well as other members of the Steering Committee with voting rights.
g) It prepares the selection of the members of the continental and intercontinental commissions, as well as those of their boards.
h) It sets up working groups, either on its own initiative or at the request of the Steering Committee or the General Meeting.
i) It supervises and co-ordinates the activities of commissions and working groups.
j) It supervises the choice of themes for the International Congresses of Notaries, as well as the organisation and successful course of the scientific works of said congresses, as well as the publication of the results thereof.
Art. 18. Composition
18.1 The number of general councillors shall not exceed double the number of Members of UINL, each being entitled to present at least one candidate. Within this limit any candidature may be presented at each General Meeting in the course of a legislature.
18.2 General councillors are elected by the General Meeting which, in making its choices, shall take into account the overall contribution to UINL made by the chamber of notaries to which councillors belong, as well as geographical balance.
18.3 The term of office of general councillor is irrevocable for a period of two legislatures, subject to serious reasons in relation thereto. The national chamber of notaries may later propose the extension of the term of office, from one legislature to the other, as many times as it wishes, but subject to the vote of the General Meeting.
18.4 The members of the General Meeting shall propose as new councillors only candidates, who are practising notaries, justifying their interest in international works through their involvement in UINL or their respective chambers of notaries.
18.5 A general councillor who fails to attend three consecutive meetings of the Council will automatically lose his/her capacity of councillor. However, the General Meeting, in agreement with the respective chamber of notaries, may grant him/her the title of honorary councillor.
18.6 Unless the chamber of notaries decides to extend his/her term of office, any general councillor who ceases to exercise the office of notary, either voluntarily or as a result of having reached the age limit established by his/her national legislation, shall become an honorary councillor.
The same shall apply to any councillor who ceases his/her activities within UINL but continues to practise as a notary.
18.7 From the moment of their election, members of the Steering Committee shall concurrently become members of the General Council. for a term of the same length as their term of office as members of the Steering Committee, irrespective of the limit set under article 18.1.
18.8 The past Presidents of the Union are members by right of the General Council, irrespective of the limit set under article 18.1
Art. 19. Duties of general councillors and their respective chambers of notaries
19.1 General councillors do not have an imperative mandate from their chambers of notaries, but they have the duty of maintaining close ties with the latter, by keeping them informed about the work carried out by the General Council and by referring to the latter the concerns and wishes of their respective chambers of notaries.
19.2 Members are required to financially support their councillors in an appropriate manner and for the entire duration of their term of office on the General Council.
Art. 20. Meetings
20.1 The General Council is chaired by the President of UINL, assisted by the Secretary in collaboration with the Administrative Secretariat;
20.2 The General Council meets in ordinary session twice per year in principle, that is to say the first time during the second quarter together with the Steering Committee and the second time on the eve of the General Meeting prior to or jointly with the General Meeting, in physical, virtual or mixed presence, as decided by the President.
20.3 The General Council meets in extraordinary session on the initiative of the President of UINL, the General Meeting or at the request of one third of its Members, in physical, virtual or mixed presence, according to the decision of the applicants for the convocation.
20.4 Article 7.4 shall apply by analogy.
20.5 The agenda of the sessions is prepared by the President in co-ordination with the Steering Committee.
Art. 21. Voting Procedure
21.1 The decisions of the General Council are taken by simple majority and require a quorum in attendance of one third of its members. In the event of an equality of votes, the President shall have the casting vote.
21.2 The right to vote cannot be delegated to another person.
CHAPTER V: THE FINANCIAL SUPERVISORY COUNCIL
Art. 22. Duties, composition and powers
22.1 The Financial Supervisory Council (CSF) has as its main task that of checking the financial position of UINL and its different bodies and of expressing its opinion in relation thereto.
22.2 It is formed by three members, one of whom acts as the President, elected by the General Meeting from among the candidates who are not part of the Steering Committee or the General Council, but proposed by Members.
22.3 The members of CSF are appointed for one legislature. They may be re-elected.
22.4 This body shall draft a report for the General Meeting on the accounts of the previous fiscal year and the pertinence of incurred expenses, based on the audit thereof made by an expert in this field, whose services the Financial Supervisory Council shall avail itself of.
TITLE III: UINL OFFICIALS
Besides the President, UINL officials include the Vice Presidents, the Treasurer and the Secretary.
Art.24. Duties and Powers
24.1 THE VICE PRESIDENTS
24.1.1 The Vice Presidents exercise executive duties in their respective areas of competence, by supporting the president and fulfilling the tasks assigned to them by the Steering Committee, one for each of the following areas:
- North America, Central America and the Caribbean
- South America
- Asia and Oceania
Where possible, the Vice Presidents shall assume the presidency of the continental commission of their respective areas. In default thereof, the Vice President and the president of the continental commission concerned must closely co-ordinate their actions and the vice president shall be required to take part in the meetings of said commission.
24.1.2 The Vice Presidents shall have the priority duty to favour the mutual circulation of information and essential needs between UINL and the chambers of notaries in their respective areas.
24.2. THE TREASURER
The Treasurer is responsible for the consolidated management of the accounts, the implementation of regulations relating thereto, the supervision of the movement of funds and for submitting periodical reports, as well as the annual accounts and the budget.
24.3 THE SECRETARY
The Secretary is responsible for running the administrative sector and providing follow-up to external relations.
Art.25. Presentation of candidates to the posts of president, Vice presidents, treasurer and secretary
25.1 Subject to the sovereign power of the General Meeting, the General Council shall receive submitted applications of candidates to the offices of president, vice presidents and treasurer of UINL.
25.2 Candidates must be practising notaries, who have previously received the support of their respective chambers of notaries and, if they are not General Councillors, they must justify their interest in international works through their involvement in UINL or their chambers of notaries.
25.3 The President cannot come from the same continent as the previous President, in order to alternate between continents, save exceptional circumstances.
25.4 During the second-to-the-last ordinary session of each legislature, the General Council shall take note of the candidate applications received and the programmes of candidates.
After having listened to candidates, each Councillor may formulate questions, remarks or recommendations, which will be recorded in the minutes of the meeting of the General Council. All the remarks of Councillors received prior to the meeting shall be annexed to the minutes which will be forwarded to the Presidents of Member Notariats at least sixty days prior to the holding of the last General Meeting of the legislature.
25.5 The Secretary is appointed by the General Meeting at the proposal of the President and should preferably belong to the same chamber of notaries as the latter or a chamber of notaries of the same geographical area.
Art. 26. Election of the President, Vice Presidents, Treasurer and Presidents of Commissions
26.1 All proposed candidatures must be submitted to the vote of the General Meeting.
26. 2 The election of the President shall be governed by the following rules:
a) If there are two candidates, the one who obtains the greater number of votes shall be elected.
b) If there are more than two candidates, the one who in the first ballot obtains the vote of the majority of the Members having the right to vote, shall be elected. If none of them obtains such majority, another ballot shall be held between the two candidates who have received the most votes in the first ballot, and the candidate who obtains the highest number of votes shall be elected.
26.3 Regarding the Vice-Presidents, Treasurer and Presidents of Commissions, regardless of the number of candidates, shall be elected whoever obtains the highest number of votes.
Art. 27. Length of office
The office of President and Secretary of UINL shall last for one legislature, while that of Vice Presidents and Treasurer may be extended by an additional legislature.
Art. 28. Vacancies in posts
28.1 In the event of the death, resignation or permanent incapacity to exercise his duties, the President shall be replaced by the Vice President from the area from which the President comes, who shall complete the term of office of his predecessor, while a vice president and the Treasurer will be replaced, at the discretion of the President, by a member of the General Council coming from the same area, subject to ratification by the General Meeting of Members, at its following session.
28.2 In the event of the death, resignation or permanent incapacity of the Secretary, the President shall choose a successor based on the criteria set out under article 25.5, subject to ratification by the General Meeting of Members, at its following session.
TITLE IV: INTERNATIONAL CONGRESS OF NOTARIES
Art. 29. Nature and frequency
29.1 The aim of the International Congress of Notaries shall be:
a) to study to a high scientific level legal subjects directly or indirectly of interest to Notaries;
b) to offer a forum for debate and the sharing of experiences among chambers of notaries and members of the profession;
c) to help the notarial institution make its role and experience in the legal, political and social domains better known to society.
29.2 It shall be held every three years in the course of the last four months of each legislature.
TITLE V: SUNDRY PROVISIONS
Art. 30 Legislature
30.1 A legislature shall last three years.
30.2 The year shall run from first January to thirty-first December.
30.3 The length of office of any person elected or chosen to hold a statutory office shall be the same as the legislature, unless provided for otherwise in these statutes.
Art. 31 The court of Jurisdiction
The ordinary court of jurisdiction is in Rome (Italie).
Art. 32 Reference Text
Coming into force
These Statutes shall come into force from the date of their approval by the General Meeting of Members.