Articles of Association of the Guarantee Fund for Victims of Terrorist Acts and Other Offences (FGTI)
Define in France
- Article 1
Established by Article L. 422-1 of the Insurance Code, the Guarantee Fund for Victims of Terrorist Acts and Other Offences, which has legal personality status, is governed by Articles R. 422-1 to R. 422-9 of the Insurance Code, as well as by these Articles of Association.
It is responsible for the missions entrusted to it by law, in particular by Articles L. 422-1, L 422-4 and L 422-7 of the Insurance Code.
- Article 2
The registered office of the Fund is located at 64 rue Defrance, Vincennes (94300). It may be transferred to any other place by decision of the Board of Directors.
- Article 3
The Fund is managed by a Board of Directors.
Members of the Board who cease to hold the qualifications for which they were appointed shall be deemed to have resigned.
The Secretary-General for Victim Assistance, or their representative, shall participate, without the right to vote, in meetings of the Board.
- Article 4
If the Chair and their deputy are simultaneously unable to attend, the eldest director present shall chair the meeting.
The Board of Directors shall meet on the initiative of the Chairperson or, if the Chairperson is prevented from attending, of their deputy. It may also be convened at the request of the Government’s Commissioner.
The agenda shall be set by the Chair or, if they are unable to attend, by their deputy and shall include, where appropriate, the items requested by the Government’s Commissioner. The Board can only deliberate on the items on the agenda.
Notices of meetings shall be sent by any means to the directors, the Government’s Commissioner, and the Secretary-General for Victim Assistance at least fifteen days before the date of the meeting, except in emergencies. The documents and other information submitted to the Board must be attached to the notice of meeting or be communicated to the directors, the Government’s Commissioner, and the Secretary-General for Victim Assistance at least seven days before the date of the meeting, except in emergencies.
The Board may only validly deliberate, at the first call, if at least five of its members are present; at the second call, no quorum is required.
In case of emergency or circumstances as provided for in the previous paragraph, the Board of Directors may decide by electronic means. The Chair shall then, within a period they set but which may not be less than two working days, receive the remarks and votes of the directors as well as the opinions of the Government’s Commissioner. However, if the Government’s Commissioner so requests within this period, the Chair shall convene the Board in the manner and under the conditions provided for in paragraph 5. The electronic consultation is only valid if at least five of the directors participated within the time limit set by the Chair. The Chair shall inform, as soon as possible, the directors and the Government’s Commissioner of the decision resulting from this consultation. Decisions taken by electronic means shall be appended to the minutes of the next Board meeting.
- Article 5
Decisions shall be taken by an absolute majority of those voting. In the event of a tie, the presiding officer shall have the casting vote.
Proxy voting is not permitted.
- Article 6
The minutes of Board meetings are signed by the Chair of the meeting and another Board member who attended the meeting. They are initialled by the Government’s Commissioner.
Any copies or extracts of these minutes to be provided shall be validly signed by the Chair or by two members of the Board of Directors.
- Article 7
The Chair, the members of the Board of Directors and and the Government’s Commissioner shall not, by reason of their functions, incur any personal or joint and several liability and shall be answerable only for the exercise of their mandate.
They receive no remuneration.
They have a duty of discretion with regard to information of which they have knowledge by reason of their duties.
- Article 8
The Board of Directors represents the Fund vis-à-vis third parties or any administration; it authorises all agreements and treaties to be concluded and monitors their application; it supervises cash receipts, decides on the use of funds and movable and immovable investments within the framework of applicable regulations and authorises the opening of current accounts for the deposit of funds in credit institutions, the Treasury, the postal cheque service and the Caisse des dépôts et consignations (Deposits and Consignments Fund).
It authorises sums to be paid, legal actions, settlements and compromises. It gives or authorises, as the case may be, all discharges of registrations, withdrawals of oppositions and discharges from seizure as well as all waivers of liens, discontinuance of actions and waivers of mortgages.
In general, they shall take all decisions necessary for the smooth operation of the Fund, the powers described in detail above being only indicative and not limitative.
Finally, the Board may propose to the Minister responsible for the Economy and to the Keeper of the Seals, the Minister of Justice, any amendments that it deems useful to make to the Fund’s articles of association.
- Article 9
The Board of Directors may delegate powers to a Terrorist Act Review Committee, composed of the Chair and two chosen directors, one from among the representatives of the ministers and the other from among the other members of the Board. The Government’s Commissioner shall be informed of the agenda and date of each meeting of the Committee and may attend it.
The Committee shall decide by a majority, for each incident on the agenda, whether or not compensation for personal injury resulting from such incident shall be paid by the Fund, in accordance with the laws and regulations in force. In the event of a tie, the Chair shall have the casting vote.
- Article 10
The Fund shall be represented in court by the Chair of the Board of Directors or by any other person belonging to the Guarantee Fund, instituted by article L. 421-1 of the Insurance Code, enjoying the full exercise of their civil rights and delegated for this purpose by the Board.
- Article 11
The management of the Fund’s operations is entrusted to the Guarantee Fund set up by Article L. 421-1 of the Insurance Code. An agreement to this effect is concluded between the two bodies. It provides for special accounting operations for the Fund’s income and expenses and lays down the rules for this, including the method of determining the Fund’s share of the operating expenses of the managing Fund. This agreement, authorized by the Board of Directors in accordance with Article 8 above, is signed by its Chair and submitted to the Government’s Commissioner for approval.
- Article 12
Each budgetary year shall begin on 1 January and end on 31 December of each year. The annual financial statements (balance sheet, profit and loss statement and exhibits to the previous 31 December) are drawn up and approved by the Board of Directors before 30 June each year.
Before 31 December, the Board adopts the budgeted statements for the following financial year; it may revise them in the course of their implementation.
The Board may set up an audit committee from among its members to examine financial and accounting matters relating to the Fund and to assist the Board in examining the accounts, defining the investment and provisioning policy, selecting the statutory auditors and implementing internal control.