Article 14 of the Articles of Incorporation sets forth the requirements that are to be fulfilled for getting access to said status, indicating different features according to each member’s date of admission into our club.
a ) Those who were admitted as from May 16, 1983, should prove 40 continuous years as quoting members.
b) Those who have been regular members before May 16, 1983, should prove 30 continuous years as quoting members, provided the share to that end established by the Assembly of Delegates is not taken-up.
c) Where the share established is exceeded, the benefit will be granted as soon as any vacant takes place, strictly on a seniority basis.
d) Upon 40 years of continuous seniority as quoting members having elapsed, the members comprised in said provision, notwithstanding the share established, shall be automatically promoted to the life member’s status.
Let’s remark that said provisions, which are currently applicable, result from Articles of Incorporation year-1983-amendment resolved by the ACA’s General Assembly, which, on its turn, was approved by National Corporations’ Record Office’s resolution N° 000130 on May 16, 1983.
Let’s also underline that as early as in 1956 the ACA’s Articles of Incorporation required a continuous 30 years’ term full membership for getting access to the life member’s status, with a share of up to 6,000 life members being established who would be exempted from paying their membership fees, distinguished as “Life Members A,” it being provided that where the number of life members exceeded that figure the benefit would be granted in strict order of seniority, with the exceeding life members being denominated “Life Members B.”
The regulations described above are intended to preserve our equity and enable us to develop and fulfil our Institution’s purpose. Everyone knows that the Automóvil Club Argentino is a non-profit civil partnership sustained by the fees paid by its members, who join the Club by paying a monthly instalment, as they share our aims, which enables us to accomplish such corporate purpose. Any situation that, noticed by the Club’s authorities, might endanger our institution's economic operation should be carefully assessed and analyzed, with appropriate steps to be taken for minimizing its incidence. Such has been the life members’ case, where exceeding our economic possibilities to satisfy our corporate purposes.
It was such situation that led our Directive Commission, at its memorable Dec. 22, 1982 meeting, to propose an amendment to the Articles of Incorporation to the Assembly of Delegates. According to the situation foreseen by the Members Manager’s Office, they concluded that “ as it was possible for more than thirty thousand and even forty thousand members to get access to that status within one year, obviously meaning a serious problem to the Club’s finances, we should adapt ourselves to the current times and provide for that possibility.”
The same criterion was adopted by the Assembly of Delegates to approve said amendment in the year 1983, basing their decision “as we had to avoid a probable economic contingency derived from the reduction of the genuine revenues provided by the resources derived from members’ fees collection, i.e. a situation that, if prevailing, would damage the Club’s finances and ultimately would give rise to less services being provided to our members.”
As a result of the applicable statutory provisions, the Assembly of Delegates, at is meeting held on August 22, 1984, established the share referred to in aforesaid clause b), with this share being subsequently enlarged on two occasions, i.e. at the meetings held on June 29, 1993 and on November 26, 1996, respectively.
On the other hand, and in order to keep-up our life members’ register permanently updated, the Directive Commission established an annual purging procedure that, as soon as those life members who have not withdrawn the coupon proving their condition as such are deregistered, enables that the members who are waiting to get access to the life member’s status may be admitted as such in strict order of seniority.
The measures adopted by the ACA’s authorities are absolutely lawful, legitimate and essential to the Club’s regular operation. Such measures have been adopted with unquestionable sound judgement, as based on appropriate foundations, and do not impair any rights acquired whatsoever. This is so because the rights that are aspired at in this case are merely expected rights. From the juridical perspective, these rights have not been effectively exercised upon the life member’s status being exercised, as it happens in some cases that may be assimilated with pension and retirement systems.
Nevertheless it should be borne in mind that there are a number of systems that -facing the increasingly higher levels of life expectancy- since long before have adopted similar provisions. We hereby let those members who are comprised in the waiting list know that they will be given immediate notice, automatically, as soon as the conditions required for their being admitted into the life members’ status occur.
Hacemos saber por consiguiente a los señores asociados que se encuentren comprendidos en lista de espera, que les será comunicado de inmediato, cuando se den las condiciones para su acceso a la categoría de vitalicio, circunstancia que se producirá automáticamente.
THE DIRECTIVE COMMISSION
PUBLISHED IN AUTOCLUB MAGAZINE, ISSUE N° 187
(OCTOBER / NOVEMBER / DECEMBER, 2005) - PAGE 34