Article
21.
In the foundation charter the founder may reserve for himself/herself
or for other persons, the right to remove the members of the foundation
Council, as well as to appoint or add new members.
Article
22.
When the foundation charter or its regulations do not establish anything
in respect to the right to and the causes for removal of the members
of the Foundation Council, these may be judicially removed, through
summary proceedings, for the following causes:
1. When their interests are incompatible with the interests of the beneficiaries
or the founder.
2. If the administration of the assets of the foundation lacked the
diligence of a bonus paterfamilias.
3. If they are convicted for a crime against private property or public
faith. In this case, while the criminal proceedings are in progress,
the temporary suspension of the member on trial may be decreed.
4. For incapacity or impossibility to carry out the objectives of the
foundation, from the time such causes may arise.
5. For insolvency or bankruptcy proceedings.
Article
23.
The founder and beneficiary or beneficiaries may request the judicial
removal of the members of the Foundation Council. Should the beneficiaries
be disabled or under age they may be represented by whoever exercise
upon them the "patria potestas" or guardianship, as the case
may be.
The judgement of the court decreeing the removal, shall appoint new
members in replacement of the previous ones, who shall be persons with
sufficient capacity, competence and good moral standing to administer
the assets of the foundation, in accordance with the purposes established
by the founder.
Article
24.
The foundation charter or its regulations may provide for the constitution
of supervisory bodies, that may be constituted by natural or juridical
persons, such as auditors, protectors of the foundation or others.
The duties of the supervisory bodies shall be established in the foundation
charter or its regulations and may include, among others, the following:
1. To ensure the fulfilment of the purposes of the foundation by the
Foundation Council and (to protect) the rights and interests of the
beneficiaries;
2. To demand from the Foundation Council, the rendering of accounts;
3. To modify the purposes and objectives of the foundation, if and when
they become too costly or impossible to fulfil.
4. To appoint new members of the Foundation Council due to temporary
or permanent absence or for expiration of the period of anyone of them.
5. To appoint new members of the Foundation Council in cases of temporary
or accidental absence of anyone of them.
6. To increase the number of members of the Foundation Council.
7. To approve the acts adopted by the Foundation Council, as indicated
in the foundation charter or its regulations.
8. To guard the assets of the foundation and observe their application
to the uses or purposes stated in the foundation charter.
9. To exclude beneficiaries of the foundation and to add others in accordance
with the provisions of the foundation charter or its regulations.
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