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Resolution to permit the holding of the General Assembly more than six months after the end of the Financial Year
A resolution to approve the holding of the next General Assembly in August 2009 will be considered under Council Agenda point 11.
13.15-15.15, 14 August 2008
Be it resolved that the Governing Board be authorized to convene the General Assembly to coincide with the next IFLA World Library and Information Congress which shall take place in August 2009. In the case of an unavoidable delay the General Assembly may be convened at a later date, but no later than 30 November 2009.
The legislation of the Netherlands, as stated in the Dutch Civil Code, Part 2, Sections 48 and 49, requires that the Governing Board must submit an annual report and annual financial statements to the General Assembly within six months of the end of the financial year, unless the General Assembly has extended this period. The period may be extended on account of special circumstances for no more than five months. This is reflected in Article 8.2 of the amended Statutes.
IFLA's financial year ends on 31 December, and its General Assembly (formerly Council) meets during the Congress, normally in August, more than six months later. The General Assembly must therefore authorize the Governing Board to present the annual report and financial statements at the next Congress. IFLA's lawyers advise that this authorization has to be given every year. A blanket authorization is not permissible.
The special circumstances to be cited are as follows:
It will cause great disruption to change IFLA's financial year. IFLA's annual congress is an important fixture in the international library scene. Its dates and venues are determined at least three years in advance. It will cause great disruption to move its congress to an earlier part of the year.