IPRA-CINDER REGULATIONS

Approved in the general assembly:

  • Madrid, October 5th 1974
  • Sao Paulo, July 25th 1975
  • Roma, July 2nd 1981
  • Buenos Aires, December 4th 1981
  • Río de Janeiro, May 12th de 1987
  • Marrakech, November 5th de 1998
  • Moscow, June 2nd de 2003
  • Fortaleza, November 10th de 2005
  • Amsterdam, September 19th de 2012

Artícle 1.

El International Registries Property Association – Centro Internacional de Derecho Registral (IPRA-CINDER) is an independent organization, of open structure and international nature, which was incorporated at the Minutes of December 2nd, 1972 and which is governed by these Regulations.

 

Artícle 2.

The aims and objectives of CINDER are:

  1. To facilitate and organize the communication between its members, in order to coordinate its activities and to strengthen bonds of unity and fraternity.
  2. To promote and to encourage the study of subjects and matters relating to registration.
  3. To spread these studies and any other investigation related to this speciality by means of publishing a magazine of international nature.
  4. To give advice on the subject matters related to this speciality.
  5. To be used as an office for the exchange of books, magazines and publications related to law, technology and registry organization.
  6. To try to create Centres or Institutes on Registration Law in all countries and their becoming members of CINDER.
  7. To call Internationals Conferences.
  8. To become a member of the pertinent international organizations.


Article 3.

IPRA-CINDER has the following member categories:

A) Chartered founding members: These are the Centro de Estudios Hipotecarios del Ilustre Colegio Nacional de Registradores de la Propiedad y Mercantiles de España, the Instituto de Derecho Registral y Notarial de Puerto Rico and the Instituto de Derecho Registral de la Universidad Notarial Argentina.

B) Founding members: These are all academic or professional institutions specifically linked to registration or registration studies that apply for founding membership within ninety days of the approval of these Regulations. Only one founding member per country may join. Institutions from countries that have chartered founding members cannot be accepted as founding members.

C) Regular members: These are all entities that represent the collective of persons in their country who are entrusted by law with carrying out the function of registration. There cannot be two regular members of the same nationality. It is understood that the power to represent such collectives belongs to public or private bodies that are corporate in structure and whose members hold by law the task of performing registration, or, by default, the public entity whose powers include the performance of registration. Should several such entities co-exist in a given country, the General Meeting will decide which of them is to be granted regular membership.

D) Only in exceptional cases subject to a unanimous resolution by the General Meeting will the number of members from the same qualifying country be more than two.

E) Corresponding members: These are all academic or professional institutions or individuals that are linked to registration or registration studies and wish to have a permanent relationship with IPRA-CINDER in order to cooperate with IPRA-CINDER. Individuals must meet the following requirements:

  1. They must hold a licentiate degree or other university degree in law or be the primary official in charge of and responsible for a legal registry of property, or teach registration.
  2. They must have participated in at least one International Conference sponsored by CINDER.

F) Honorary members: These are institutions or persons proposed for honorary membership who merit special recognition due to their character, their record, or their contribution to registration law research and development.

Admission of members in any category must be approved by the General Meeting, subject to a report from the General Secretariat and documents proving compliance with the requirements set for each case.

Article 4.

The bodies within IPRA-CINDER are:

  1. the General Meeting,
  2. the Advisory High Council,
  3. the General Secretariat, and
  4. the Executive Committee.

Article 5.

  1. The General Meeting, made up exclusively of the duly represented regular members, is the supreme body of IPRA-CINDER and holds the power to make decisions in the broadest terms.
  1. The General Meeting is called to meeting by the General Secretariat or, failing that, by the Chairman, at the request of any member. Regular meetings must necessarily be held at the place and date of each International Conference. Extraordinary meetings are held at the date and place decided by the members, who for this purpose may state their wishes by post, telegraph, on line, or by any other means that guarantees authenticity.
  1. At regular or extraordinary meetings, the General Meeting is held to be validly convened to make decisions when the majority of the members entitled to attend the General Meeting are present in person or by proxy, save where the reform of the Charter or these Regulations is concerned, when a quorum of two thirds of the members of the General Meeting is required.
  1. Only one vote per country is allowed at the General Meeting. Where a member from one country is a professional institution and a member from the same country represents that country’s government, the former holds voting rights. In the absence of the member of a given country that is entitled to vote, if another member from the same country is present, the latter may exercise voting rights.
  1. General Meeting resolutions are made by a majority of the votes cast, save in the case of resolutions for which a qualified quorum of attendance is required, in which case the resolutions in question must be passed by the vote of two thirds of the members calculated as present.
  1. At Meetings prior to each Conference, a special payment per conference attendee may be established to make up the revenue budget.

Article 6.

  1. The chair of the General Meeting rotates in Spanish alphabetical order among the countries belonging to the entities that are members of IPRA-CINDER. The first rotation will be among the organizations that are members on the date when these Regulations are approved. Rotations thereafter will also include members who have joined IPRA-CINDER at a later time and have held membership for more than ten years.
  1. The office of Chairman is honorary and unremunerated. The Chairman’s term of office lasts the time between two successive regular Meetings.

Article 7.

  1. The Advisory High Council is made up of the associations that fail to meet the requirements in articles 3 and 9 and formed part of IPRA-CINDER on September 19, 2012, and those institutions (primarily academic institutions) that join in the future, subject to approval by the Council on the proposal of the Secretary. They are elected by the General Meeting subject to a report by the Council.
  1. The Chairman of the Council is the General Secretary, who, in that capacity, steers discussions and may participate therein with the right to speak and to vote.
  1. The Advisory High Council meets whenever called to meeting by the Secretary on the occasion of each International Conference.
  1. As the senior advisory body, it may present the Secretary with reports approved by a majority vote of its attending members. While such reports are not binding, the Secretary must take such reports into account.

Article 8.

The General Secretariat executes the decisions made by the General Meeting, whether in regular or extraordinary meetings.

Article 9.

It is the task of the General Secretariat:

  1. To submit to the Meeting proposals concerning the amendment of all or any of these Regulations, the acceptance of regular, corresponding and honorary members, and the modules for finding regular and extraordinary member contributions.
  1. To call and convene the Meeting at times concurrent with International Conferences and to promote resolutions as provided for in article 5.2.
  1. To administrate the assets of IPRA-CINDER and to handle its business pursuant to the general guidelines given by the Meeting and to take the necessary measures to achieve the purposes and objectives provided for in article 2. This faculty includes the power to acquire and dispose of property for IPRA-CINDER in accordance with the decisions of the General Meeting.
  1. To announce International Conferences and execute the resolutions of the General Meeting.
  1. To submit at each of the regular General Meetings a report covering the activities of the immediately preceding period and a draft income and expense budget for IPRA-CINDER for the following period.
  1. To give an account of its work at each regular General Meeting.
  1. To keep minutes and issue certificates of the conclusions officially reached at International Conferences.

Article 10.

  1. The term of office of the General Secretary will be decided by the General Meeting. The General Secretary may be re-elected and remains in office until a successor is appointed.
  1. The General Secretary may appoint an assistant secretary to aid in the functions of the General Secretary.
  1. The headquarters of IPRA-CINDER is in the country of the General Secretary’s nationality.
  1. The General Secretary represents IPRA-CINDER in all acts of management. In addition to serving as the Secretary of the Meeting, the General Secretary also serves as the Secretary of International Conferences.
  1. The General Secretary has the right to speak and vote at General Meetings.
  1. The General Secretary is advised by the Executive Committee in the period between Conferences. All the members of the Executive Committee must have different nationalities; to this effect, the Secretary does not count.
  1. The Committee meets at least once per year, when called by the Secretary.
  1. The General Secretary may delegate any of his or her functions to any of the members of the Executive Committee save the functions stated in paragraphs 1, 5, 6 and 7 of article 9 of the Regulations and the power to call and convene Meetings and International Conferences. Delegations of power may be generic or specific and empower the recipient to exercise the delegated faculties in the geographic realm named in the delegation of power. As a general rule, delegations of power are held to be specific to and geographically specified for the nationality of the recipient.
  1. As an exception, in cases involving non-recurrent issues of special technical complexity, the General Secretary may delegate powers to persons outside the Executive Committee, always providing that the recipient is a registrar or the equivalent and the country of the recipient’s nationality is a member of IPRA-CINDER.

Article 11.

 

  1. To facilitate performance of the purposes of IPRA-CINDER, IPRA-CINDER Branches will be created in Europe, America, Africa, Asia and Oceania and will be run by a Branch Chairman in each territorial area.
  1. The following are the inherent functions of each Branch:
  • To organize territorial meetings about issues of registration law or practice.
  • To report and disseminate the findings of its meetings and the Conclusions of International Conferences on Registration Law in each territorial area.
  • To submit proposals to the General Secretariat and the General Meeting of IPRA-CINDER.
  • To report on the Branch’s activities to the General Meeting.
  1. The Chairman of the Branch will be an individual who belongs, corporately or institutionally, to a regular member whose nationality is within the territorial scope of the Branch. Office is honorary and unremunerated. The General Meeting has the power to appoint the Branch Chairman, on a proposal from the General Secretariat.
  1. The Chairman of each Territorial Branch may put forward to the General Meeting the names of partner institutions devoted to study or research in issues involving registration theory or practice in the countries within the Branch’s territorial area, as candidates for joining the Branch.

Article 12.

The organization of the International Conferences shall be governed by the regulations which the General meeting may establish.

Amsterdam, September 19, 2012