ARTICLE I: NAME
The name of the organization shall be the ASSOCIATION OF NEPALIS IN THE AMERICAS ("ANA").

ARTICLE II: AIM AND OBJECTIVE
1. To promote close cooperation and friendship among Nepalis and friends of Nepal in the Americas with particular emphasis on those residing in the USA and Canada .

2. To promote educational, charitable, social, and cultural activities.

3. To promote cordial relations with other similar associations in North America as well as other similar associations in the rest of the world.

4. To preserve and promote Nepali identity and culture.

5. To promote the activities of Nepal Education and Cultural Center (NECC).

6.  To promote cordial relations and close cooperation with Nepali residents in other countries and with Nepalis in Nepal .

ARTICLE III: MEMBERSHIP AND DUES
1.This organization shall be open to all individuals willing to support the purpose of ANA and work within the framework of these by-laws. ANA shall not discriminate on the basis of age, sex, sexual orientation, race, color, national origin, religion, disability, marital status and military status. Members need to complete a membership application pay appropriate dues as determined by the Officers (Article IV) of the Association. Other means of membership as determined by the officers after approval of the executive committee (Article IV) will also be acceptable. The categories of membership are sub-divided as follows:

a. Family Membership

b. Single Membership

c. Life Membership

d. Honorary Membershi

e. Organizational Membership

2. Only one person from a Family Membership category can hold a position of the Officer (Article IV) at any one time. Single membership allows for only one vote in the affairs of the Association.  Up to two adult members, if so listed, in the Family and Life category can vote in the affairs of the Association. The Honorary membership shall be given by the Executive Board to persons or organizations that have made substantial contribution towards the aim and objective of the Association. Honorary Members do not have to pay any membership dues, and are not allowed to vote in the affairs of the Association.

Membership to the association will be on a yearly basis. The membership period will be exactly 1 year from the date of enrolment. This applies to family as well as single membership.

3. Any contributions to Nepal Education and Cultural Center ("NECC") will not be considered a payment of ANA membership fees.

4. Resignation and Termination:  Any member may resign by giving notice in writing to the President. Membership dues already received by the Association will not be refunded. Membership may also be terminated due to nonpayment of dues. Any person may be relieved of his/her membership by the Executive Board, if there is substantive evidence that such person is acting against the aim and objective of the Association.

Any officer may be relieved of his/her duties if there is a substantive evidence that such person is acting against the aim and objective of the Association or not fulfilling his/her duties. A no-confidence motion has to be passed by the executive committee for the removal of the officer. Upon approval of the no-confidence motion by the executive board, a mail-in ballot must be sent to all current members of the organization to approve/deny the no-confidence motion against the officer in question. Alternatively, voting via secure electronic media can also be done. A simple majority of the members vote shall decide whether the no-confidence motion is approved or denied.
ARTICLE IV: OFFICERS AND EXECUTIVE BOARD
1. The Executive Board shall consist of Officers, Executive Members, and Past Presidents of the Association.

(i) . Officers:  The Officers shall consist of:

a. President

b. Vice President

c. General Secretary

d. Treasurer

e. Information Director

These Officers shall be elected by mail-in ballots. Each officer must be proposed and seconded by one member in each case and these  members must be in good standing. All Officers shall serve without compensation for the position he/she is elected and is eligible for reelection to the position previously held or new position. Election shall be held every two years. No Officers shall serve more than two (2) consecutive terms in the same position.

(ii). Executive Members: The Executive Members, numbering no more than 19, shall be selected by Officers. The executive members shall be selected on the basis of their contribution or anticipated contribution to the affairs of the Association. Any Officer can propose a member for the position of Executive Member and must be approved by at least three of the Officers to be elected as an Executive Member.  The term of the Executive Membership shall be the same as the term of the Officers.

 Any executive member may resign by giving notice in writing to the President. Any person may be relieved of his/her executive membership by the Executive Board, if there is substantive evidence that such person is acting against the aim and objective of the Association.

(iii). Past Presidents. All the past Presidents of the Association are ex officio members of the Executive Board in an advisory capacity. Their presence in the meeting shall count towards the quorum but they can not vote in the affairs of the Board. Past Presidents, however, can serve as Executive Members if so elected by the Officers.

2. Duties of the Officers:

a. The President shall preside at all business meetings of the Association and shall have general leadership of the Association. The President shall perform such duties and have such powers as the Executive Committee may delegate him or her.

b. The Vice President shall perform such duties and have such powers as the Executive Board may, from time to time, delegate him or her. In the absence of the President, the Vice President shall perform the duties of the President.

c. The General Secretary shall keep or cause to be kept, at such place as the Executive Board may direct, a book of minutes of all meetings and actions of the Executive Board. The General Secretary shall be responsible for notifying all members of general meetings of the Association and notifying Executive Board Members of the Executive Board meetings.  The General Secretary shall record the proceedings of such meeting and perform such duties as the Executive Board may direct.

d. The Treasurer receives and is the custodian of all funds of the Association and shall pay all bills upon authorization of the Executive Board. The Treasurer shall maintain a record of all monies received and disbursed by the Association, and shall prepare a financial report as the Executive Board may, from time to time require. The Treasurer shall maintain an up-to-date roster of the membership of the Association.

f. Information Director shall be responsible for publication and mailing of the Association’s Newsletter and shall supervise the activities of Association’s website and other communication initiatives.  Information Director will also serve as a spokesperson of the Association.

g. Resignation of Officers: If the President resigns, the Vice President will replace that position for the remainder of the term. The vacant position of the Vice President and of any other Officers due to their resignations will be filled by a member selected by the Executive Committee for the remainder of the term.

3. Duties of the Executive Board Members: Executive Board Members must attend at least two Board Meetings annually. Failure to do so may lead to their termination of Board Membership. Other duties of the Executive Members shall be as determined by the Officers.

4. Duties of Executive Board:

a. The Executive Board shall transact the business of the Association. A majority of the Board shall constitute a quorum of the Executive Board meetings.

b. The Executive Board shall have the authority to form various committees and appoint members to look after these committees.  

c. The Executive Board shall appoint an auditor general and legal advisor during the ANA general meeting every year.

d. The executive body along with officers of ANA shall have full authority to join other associations or organizations. Likewise, the executive body and officers can provide “Sister Organization” status to other organizations within the Americas, granted the organization is a non-profit, non-political organization in good standing.

ARTICLE V: MEETINGS
1. General Meetings: General meetings of the Association will be held annually at the convention site. Annual meetings will be held to inform the members the general activity of the Association, and discuss any necessary matters.

2. Special Meetings: Specialty meetings may be held at the call of the President or upon the request of 50 of the membership.

3. Executive Board Meetings: The Executive Board meetings shall be held up to four times a year or as called by the President. These meetings may be held using electronic media (tele-conference, video conference, internet chat etc.) in lieu of at a physical location. Executive Board members may authorize someone to vote on their behalf by proxy, which may be by writing, fax or email.

ARTICLE VI: NOMINATION AND ELECTIONS
1. An election will be held for the positions of the Officers of the Association at every alternate year in the month of June.

2. A Nomination and Election committee consisting of at least of three (3) members from the membership at large shall be appointed by the Executive Committee at least three (3) months prior to the election of the Officers of the Association. The Executive Committee shall appointing one of these members as the Chair. The Committee shall canvas for candidates for each position. To run for a position, one must have been a member of the ANA executive board and must have paid the membership dues for at least 1 year prior to the nomination. This includes members of the current executive team and all the past executives since the inception of ANA.

3. Voting ballots and/or other means of voting via electronic media such as secure email or website may be used for election purposes. Members must either mail their secret ballots (in-case of a mail in vote) or cast their votes via secure electronic media within a time frame as specified by the Election Committee.

4. To be eligible for voting, one must be a member of good standing by March 31 of the year in which the election is to be held.



ARTICLE VII: PARLIAMENTARY AUTHORITY
1. Robert’s Rules of Order, Revised, shall govern all proceedings except where inconsistent with the provision of the By Laws of the Association.

ARTICLE VIII: AMENDMENTS
1. The Executive Board shall have the power to make, alter, amend or repeal the By Laws of the Association, except that the By Laws so amended, or repealed shall be approved by a majority of the membership within 60 days. The General Secretary shall arrange for a mail-in ballot for approval of the amendments by the general membership. Amendments so made will be promulgated in the Newsletter of the Association and or its web site.

ARTICLE IX: LIQUIDATION OR DISSOLUTION
The liquidation and dissolution of the Association or the amendment or these rules may be decided upon by a two thirds majority of those present and voting at a General Meeting, provided that notice of the proposed dissolution or details of the proposed amendment shall have been circulated with the notice of the meeting. In the event of dissolution, any residual finds of the Association shall be applied by the Executive Board before vacating office in furtherance of the Association's aims, and no member shall have any claim on the Association in respect to fees any subscription paid.  No part of the net income or assets of the Association shall be used to the benefit of any private individual.

Upon the dissolution of the organization, remaining assets and property of the corporation shall, after necessary expenses thereof, be distributed for one or more exempt purposes within the meaning of section 501(c) (3) of the Internal Revenue Code, or corresponding section of any future federal tax code, or shall be distributed to the federal government, or to a state or local government, for a public purpose. Any such assets not disposed of shall be disposed of by the Court of Common Pleas of the county in which the principal office of the organization is then located, exclusively for such purposes or to such organizations, as said Court shall determine, which are organized and operated exclusively for such purposes.

ARTICLE X: PERSONAL BENEFIT
No part of the corporation shall inure to the benefit of any member, trustee, director, officer of the corporation, or any private individual (except that reasonable compensation may be paid for services rendered to or for the corporation), and no member, trustee, officer of the corporation, or any private individual shall be entitled to share in the distribution of any of the corporate assets on dissolution of the corporation.

ARTICLE XI: PROPAGANDA AND POLITICAL ACTIVITIES
No substantial part of the activities of the cooperation shall be carrying of propaganda, or otherwise attempting, to influence legislation (except as otherwise provided by Internal Revenue Code Section 501 (h), or participating in, or intervening in (including the publication or distribution of statements), any political campaign on behalf of any candidate for public office.

ARTICLE XII: SUPPLEMENTARY OBJECTIVES
Notwithstanding any other provision of these articles, the cooperation is organized exclusively for one or more of the following purposes: Religious, charitable, scientific, testing for public safety, literary or educational purpose, or to foster national or international amateur sports competition (but only if no part of its activities involve the provision of athletics facilities or equipment), or for the prevention for cruelty to children or animals, as specified in Section 501 ( c) (3) of the Internal Revenue Code, and shall not carry on any activities not permitted to be carried on by a cooperation exempt from Federal Income Tax under Section 501(c) (3) of the Internal Revenue Code or corresponding section of any future federal tax code.

ANA Bylaws updated January 15, 2009