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PUBLIC RELATIONS
Article 1. It is the primary duty of all real estate professionals to obtain instruction in their area of specialty, Real Estate.
Serious real estate professionals are therefore obliged to keep abreast of all matters in connection with their field of activity, finding out about any changes that may affect real estate not only in their city but also in their country overall. With this knowledge they shall be in a position to contribute to public opinion in matters of tax, legislation, improved use of land, planning and other real estate-related matters.
Article 2. Each real estate professional is obliged to keep abreast of conditions in the real estate market, because it is he or she who guides customers regarding the correct value of real estate, among other things.
CUSTOMER RELATIONS | REAL ESTATE PROFESSIONAL RELATIONS
BYLAWS
Article 3. A very important role of the real estate agent is to protect customers against fraud, abuse or immoral practices in the field of real estate. It is his or her duty, therefore, to help prevent any acts that could harm the public, as well as any that could undermine the dignity of the real estate profession. If any such acts are perpetrated by any member of Asociación Mexicana de Profesionales Inmobiliarios, it is the duty of whoever finds out about them to provide the necessary evidence to the National Board of Directors of said Association in order to proceed with the penalization of the person in breach of this code of ethics, in accordance with the Association statutes.
Article 4. On accepting a property for administration or sale, the real estate professional must be acquainted with it before he or she can administer it or put it on the market, in order to avoid errors for customers, exaggerations of the qualities of the property on offer or any hidden information. The acts of the real estate must be guided by truthfulness.
Article 5. The real estate professional must not conduct any operations that, for any reason, harm the interests of any of the contracting parties or of any third parties or any real estate colleague.
Article 6. The real estate professional must not be involved in the provision of any false
information in deeds or any other public documents, nor falsify any declarations made before any authority. Integrity in all acts must dominate the image he or she projects to customers in order to reward the trust placed in him or her.
Article 7. The real estate professional must take great care, when using publicity techniques, to ensure the truthfulness of the information given in the advertisement. The technique chosen must provide and reflect the facts and not distort them in any way.
Article 8. In order to protect any parties involved in a transaction, the real estate professional shall ensure that all the information, commitments and agreements in connection therewith are put on record in writing. The exact agreement reached by the parties involved shall be entered in the relevant documents. The parties shall provide their signature of conformity and shall each keep a copy of the agreement, with the real estate professional keeping another copy for the record and for filing purposes.
CUSTOMER RELATIONS
Article 9. If a real estate professional agrees to do business with a customer, this means that the former undertakes to promote and protect the interests of the latter. This is an obligation of loyalty toward the person who has entrusted a business matter to the real estate professional. This duty is of paramount importance and comes with the need to work in a fully just and honorable manner with all the parties to a transaction.
Article 10. The guarantee of interests placed in the hands of the real estate professional must provide the customer with absolutely truthful information on the following:
a) The qualities and shortcomings of the property proposed or sought.
b) The ease or difficulty involved in proceeding with the proposed transaction.
c) Any circumstances that may be involved in the business matter entrusted in general. The real estate professional must never oppose the wish of any of the parties to the transaction to consult a lawyer, notary or any other professional with regard to:
I. Any problems affecting the property.
II. Any restrictions or limitations that could affect the property.
III. Any encumbrances etc, that could restrict the use or enjoyment of the property.
IV. Whether or not the property is structurally sound.
V. Whether or not the correct materials were used to build the property.
The real estate professional shall, in general, assist any experts in the different areas whom the customer may wish to consult in a transaction involving any property.
Article 11. Any fees charged by the real estate professional must reflect the value of his or her work and knowledge of the subject matter, in accordance with standard practice in the place where the property is located. These fees may be calculated on the basis of a percentage of the consideration, in the event of a sale or lease, or of the gross or net revenue in the case of administration, or as a fixed sum in either case. No extra charge should be made under any circumstances, as this would be regarded as an unjust payment to the detriment of the interests, above all, of the selling customer.
Article 12. If the real estate professional wishes to acquire, for himself/herself or his or her company, a property proposed to him or her for sale by a customer, he or she must inform the customer of this wish and propose a valuation of the property in question by an expert. The transaction should proceed on the basis of said valuation if both parties agree with it.
Article 13. On being granted an exclusive sales option letter, the real estate professional is promising to the customer that he or she shall work on this transaction in a preferential manner. By virtue of the foregoing, the real estate professional must inform his or her customer of the benefits that both parties would enjoy if said exclusivity were to be granted.
Article 14. If the real estate professional receives a discount or reduction when making a payment on behalf of the customer, said discount or reduction shall be to the benefit of the customer.
Article 15. The real estate professional shall be extremely careful in keeping Professional Secrecy. He or she may under no circumstances express any opinions or provide data, however confidential they may be, regarding the situation of his or her customers or anything that the customer may have told him or her on a professional basis.
Article 16. Before issuing an opinion regarding the value of a property, the real estate professional must conduct a meticulous study of all the factors involved in the transaction and which may affect it. The real estate professional must never issue an opinion an a property in which he or she is currently interested or may be interested in at a later stage, unless this situation is made perfectly clear and defined to the requesting party. He or she must never issue an opinion on any properties of which he or she has no experience, and must, in such cases, consult an appraiser with experience in the location in question. Any circumstances of relevance in such cases must be pointed out to the customer.
Article 17. In order to advertise a property, the real estate professional must seek the authorization of the owner. The real estate professional must never advertise any properties that have not been offered to him or her directly by the owner. If the offer comes from another colleague, he or she must ask this colleague for written authorization to use any means of advertising this property.
Article 18. The real estate professional shall ensure that any offers presented with regard to the properties he or she is selling are made in writing. He or she must show any such offers to the owner, regardless of the nature of said offers, in order to standardize the criteria and allow the owner to make a decision on the basis put forward.
REAL ESTATE PROFESSIONAL RELATIONS
Article 19. The real estate professional must not seek to gain advantages over other colleagues and must share with them any experience or knowledge acquired from studying and working on different transactions.
Article 20. Should any difficulties arise between two real estate professionals of the same organization, the matter shall be brought for arbitration before a tribunal consisting of persons chosen from among the members of that organization, in accordance with the statutes thereof, but never before a court of equity. The real estate professional must abide by the ruling issued by the aforementioned tribunal.
Article 21. Should the real estate professional stand accused of unethical practices but believes that he or she is not guilty of such accusations, he or she must then voluntarily present the relevant facts of the matter to whichever entity is specified in the statutes to the National Board of Directors.
Article 22. The real estate professional shall refrain from making any comments on the business performance of other real estate professionals of the same association. If his or her opinion is officially requested, then it should be provided accurately, politely and with Professional integrity.
Article 23. The real estate professional shall not accept any exclusive deals that another real estate professional has been given. He or she must respect the rights of the other real estate professional until such time as said exclusive deal expires, even if the owner wishes to give him or her the exclusive deal. Also, if the real estate professional accepts an option, he or she undertakes not to transfer the corresponding rights to any third party without the knowledge and consent of the initial real estate professional and the owner.
Article 24. The real estate professional must cooperate with other real estate professionals in registering sales and distributing commissions in the agreed manner. In the event of an exclusive sales deal, the real estate professional must deal with his or her fellow real estate professional who provided the property for sale, and not with the owner.
Article 25. The real estate professional must not request the services of a colleague’s employee without the knowledge and consent of the aforementioned colleague. Article 26. Only a real estate professional may place an advertisement for the sale, lease or exchange of a property in the property itself.
Article 27. In the best interests of the company, its associates and the business itself, the real estate professional must be loyal to his or her local real estate organization and his or her colleagues, as well as be working.
BYLAWS (Statutes) FOR THE MEXICAN ASSOCIATION OF PROFESSIONAL REALTORS SAN FELIPE SECTION, A.C.
FIRM NAME.
Article 1.
1.- The Association will have the firm name of "ASOCIACION MEXICANA DE PROFESIONALES INMOBILIARIOS SECCION SAN FELIPE" ("MEXICAN ASSOCIATION OF PROFESSIONAL REALTORS SAN FELIPE SECTION") denomination always followed by the words "ASOCIACION CIVIL" (Civil Association) or by its abbreviation A.C. During the course of these bylaws, the word Association will be used to designate the aforementioned group.
2.- The Association will be considered a Section of the Mexican Association of Professional Realtors, A.C. in the future referred to as "National Association".
ITS PURPOSE.
Article 2.
1.- The Association will have the following purpose.
a).- To group professionals in the Real Estate field in the Port of San Felipe, and to affiliate members, employees and collaborators, both Mexican and Foreigners working abroad in the real estate activity, who wish to be affiliated and who are presently affiliated with other organizations or institutions; and for those who have signed agreements of collaboration. And for educational institutions, involved with the real estate profession.
b).- Engage in agreements of collaboration with organisms, groups or institutions with the same affininy pursuing common goals.
c).- To pursue professional improvement of its members and affiliates.
d).- To oversee that its members give Real Estate services in compliance with the Code of Ethics of the Association.
e).- Promote and expedite rules, regulations and reforms and protect and impel the professional exercise of the real estate field representing its members before all local authorities in the Port of San Felipe.
f).- Establish rules, regulations and mechanisms to encourage the commercial exchange among its members, with a free economic market criteria.
g).- To act and arbitrate conflicts arising among the members, or the member and their clients.
h).- Collaborate with the public, as a consulting group in all matters related to the real estate activity.
i).- Promote the formation of professionals with educational courses at different levels; and being involved in the quality of these workshops.
j).- Defend the consumers of real estate services with registered real estate offices; to ensure and guarantee the capacity, honorability and solvency of these real estate services.
k).-Promote the real estate profession before local authorities, and among the general public, spreading an image which will identify its members.
l).- To inform its members of all issues related to these real estate services, with pictures and publications.
ADDRESS.
Article 3.
1.- The address for this Section is the Port of San Felipe, Baja California.
DURATION.
Article 4.
1.- The duration of this Association is indefinite.
OF ITS MEMBERS.
Article 5.
1.- The Association will be made up by members accepted by the board, who have previously met the following requirements.
1.- Promotion: Those related with development in real estate projects.
II.- Commercialization or intermediates: Those related with the purchase, sale or rental of real estate.
III.- Administration: Those related with the administration of properties, condominiums or rental property.
IV.- Consulting: Other specialized activities that serve as a support to the real estate activity.
V.- Appraisals: Those determining the appraised value of properties.
VI.- Financial Consulting: Those related to the financing of properties.
a).- Must be legally established and registered before the local authorities ( Municipal license, tax number etc.).
b).- To have been in the real estate business at least one year or as an affiliate to the Association.
c).- Submit a written request to be a member, complying with the legal procedures and protesting to abide by the Bylaws, Code of Ethics, Rules, Regulations and manuals for the Association.
d).- Must be sponsored by another member who has been with the Association for at least 2 years.
e).- Be approved by the National Board.
Article 6.
1.- Obligations for the Associates.
a).- Pay the inscription fee.
b).- Be up to date on ordinary and extraordinary fees set by the National Board.
c).- Be up to date on ordinary and extraordinary fees set by the Associations Board.
d).- Attend ordinary and extraordinary meetings summoned by the local and National A.M.P.I. Associations.
e).- To abide by the Bylaws for the Association.
f).- To maintain continuous actions to improve on a professional level and participate in activities set forth by the Association.
g).- Fulfill any and all commissions entrusted by the Association.
h).- Abide by the rules outlined at the Assemblies and Local and National Boards.
i).- Encourage solidarity among the members.
j).- Fulfill all professional activities in compliance with the Code of Ethics.
k).- Comply with fiscal and administrative obligations.
l).- Register with the local authorities.
m).- Keep the Association informed of address, telephone numbers and trade name of the Associate member's business.
Article 7.
1.- All associates up to date in the obligations mentioned in the above article have the right to:
a).- Attend with voice and vote all Local and National Ordinary and Extraordinary Assemblies, under the terms previously established.
b).- Be elected to the Board, complying with the pre-established requirements.
c).- Make use of the services provided by the Association to benefit its members.
d).- Participate in all activities of the Association.
e).- Receive the credentials to be acknowledged as Associates.
f).- Resign from the Association, with a previous written communication to the Local and National Boards.
g).- Include in all your identification elements, the official A.M.P.I. "logo" in compliance with the corresponding manual.
h).- Those members in default of their obligations can not be elected or vote at the Assemblies.
i).- Be representatives by proxy for other members at the National Assemblies.
OF THE AFFILIATES.
Article 8.
1.- The following members may be accepted into the Association as "affiliates".
a).- As affiliates to the Associate Member: Partners, employees or collaborators acting as representatives, verifying their representation with the corresponding documentation to be approved by the Board.
b).- As Corporate Affiliates: Partners in organizations, groups or institutions with whom the Association has celebrated an agreement, and for the duration of this agreement.
c).- As Institutional Affiliates: Those organizations, groups and institutions in which an agreement of collaboration has been established. The affiliates will participate in all the activities under the same terms and conditions as for all other affiliates, in compliance with the Bylaws; pursuing at all times an institutional reciprocity and agreeing on reduction or exemption of fees, with a previous approval by the Board; who will authorize the President to celebrate and sign these agreements.
d).- Academic Affiliates: For all those institutions interested in Real Estate training.
e).- Honorary Affiliates: Those approved by the board for one year periods. These affiliates may be re-confirmed on a yearly basis.
Article 9.
1.- The categories for the aforementioned affiliates must comply with the following requirements.
a).- Affiliates to Associates must comply with the following:
1.- Be partners, employees or collaborators of the Associate Member. If either of these conditions ceases to exist, the individual ceases to be an affiliate member.
II.- Submit a written request to be considered an affiliate, complying with the legal paperwork and promising to abide by the Bylaws and Code of Ethics.
III.- Verify that he or she is dedicated to the Real Estate activity or activities related to this field.
IV.- Be recommended by an Associate member; as a partner, employee or collaborator.
b).- Institutional or Academic Corporate Affiliates must verify that the organizations, groups or institutions referred to in sub-sections b) c) and d) of the above article have previously signed an agreement with their corresponding Association.
Article 10.
1.- Obligations for the Affiliates of Associate Members referred to in Article 8.
a).- Abide by the Bylaws, Code of Ethics, rules, regulations and manuals for the Association.
b).- Pay the corresponding fees approved by the National Board and the A.M.P.I Board for the San Felipe Section. All academic and honorary affiliates are exempt from these fees.
c).- To improve professionally and participate in all activities of the Association.
d).- Abide by the regulations established by the Assembly and the Board.
e).- Encourage guild solidarity.
f).- Fulfill all professional activities in compliance with the Code of Ethics for the Association.
g).- Comply with the administrative and fiscal obligations established by the authorities.
h).- To keep the Association informed of address, telephone numbers and trade name for the Corporation they are involved with.
Article 11.
1.- The Affiliates of Associate Members who are not delinquent in their obligations have the following rights.
a).- The use of all services provided by the Association in benefit of its members.
b).- Participation in social, cultural and educational activities.
c).- Affiliates to Associate members will receive accreditation as an affiliate, but can not use the "logos" or mention their participation as an affiliate on their personal stationary, except in those cases when using the Associate's stationary. This rule does not apply to Academic, Corporate Affiliates, or institutions who have celebrated special agreements.
d).- Receive all communications and publications put out by the Association, under the terms determined by the Board, or under the terms established in their agreements.
e).- Resign as an Affiliate, with a previous written notification to the Board.
GOVERNING BODY.
Article 12.
1.- The Association has the following governing committees.
I.- THE ASSEMBLY.
II.- THE BOARD.
III.- THE COMMISSION ON HONOR AND JUSTICE. OF THE ASSEMBLY.
Article 13.
1.- The Assembly is the supreme governing body for the Association.
Article 14.
1.- Assemblies are Ordinary and Extraordinary.
Article 15.
1.- The Ordinary Assembly will assemble once a year, during the last quarter, at the address determined by the Board and has the responsibility to:
a).- Approve all reports presented by the Board.
b).- Elect the Board Members for the following 2 years.
c).- Discuss the issues on the agenda in compliance with the Bylaws.
Article 16.
1.- Extraordinary Meetings will assemble when the Board deems necessary, or by a written request sent to the President of the Committee on Honor and Justice by at least 25% of the Associate Members to:
a).- Modify the Bylaws.
b).- Discuss matters not under the jurisdiction of the Ordinary Assembly.
c).- Remove the President, or any other member of the Board.
d).- Approve the dissolution of the Association.
Article 17.
1.- Summons for an Ordinary or Extraordinary assembly, must be made by the President of the Board.
Article 18.
1.- The Assembly will be presided by the President of the Board, who also acts as President for the Association. In his or her absence, said meeting will be presided in compliance with the procedures established in Article 20, sub-paragraph 3.
Article 19.
1.- Ordinary Assemblies will take place on the first summons with 50% of the Associate Members in attendance and those represented by proxy. In the event there is no quorum, a second summons is called 30 minutes later, and the meeting takes place with those present.
2.- The agenda is previously established and made known to all members.
Article 20.
1.- Elections for a new board will take place at ordinary or extraordinary meetings and nominations are accepted. Only those members up to date on all fees may be elected.
2.- Those members nominated as members of the Board are elected only if they accept said nomination.
Article 21.
1.- Associate Members may be represented at the Assembly, by another member by Proxy, stipulating they are in agreement with the decisions voted on.
2.- Extraordinary Assemblies will require a quorum of 50% of the members on the first summons. If there is no quorum, there will be a second summons 30 minutes later and the assembly will take place with the members present.
Article 22.
1.- The Extraordinary Assembly will be considered legal with a quorum of 50% of the registered Associates and on the second summons with those present. Between each summons there will be a grace period of 30 minutes.
Article 23.
1.- Each Associate Member has the right to one vote at all assemblies, except in those special cases previously stipulated, and the resolutions will be taken with a majority in favor. The president has the casting vote in case of a tie. Associates may be represented by another member with a proxy to this effect.
THE BOARD.
Article 24.
1.- The Board will be integrated by 5 Associate Members for periods of one year starting on January 1st and terminating on December 31st of the same year.
2.- If a new Board is not elected, the existing one will continue functioning until a new one is elected.
3.- Presidents can only be re-elected twice.
Article 25.
1.- The Board must assemble at least once a month, summoned by the President or 3 of its members. Any member of the board may be removed, if he or she does not attend the meetings for the elected period or by violating the dispositions stipulated in the bylaws.
2.- Board meetings will be considered legal with 3 attending members, and taken with a majority of votes. In case of a tie, the President has the casting vote.
3.- The monthly board meetings will take place at the address for the Association, or wherever the Board decides. The date for the monthly meetings will be decided the first month in office.
Article 26.
1.- Faculties and obligations of the Board.
a).- Elect among its members the President of the Board , who will also act as President for the Association. The nominee must have been a board member for at least one term.
b).- Appoint and remove the Vice President of the Board, who is also the Vice President of the Association.
c).- Appoint and remove the treasurer, who is also the treasurer for the Association.
d).- Appoint and remove within its members Directors of Committees.
e).- If necessary appoint and remove the Manager for the Association, and decide his or her salary as the rest of the employees.
f).- Execute agreements voted on at the Assemblies.
g).- Represent the Association with faculties for lawsuits and litigations, administration and domain, under the terms of articles 2207, 2008 and 2236 contained within the Civil Code in force for the State of Baja California. with all the general and special faculties in compliance with the law, when special faculties are required, and being able to substitute these faculties partially or completely.
h).- Expedite regulations necessary for the effective application of these bylaws.
i).-Entrust board members with specific functions and determining their faculties.
j).- Oversee with the assistance of the treasurer the accountings for the Association.
k).- Prepare and submit for approval by the Ordinary Assembly, the financial statements for the fiscal year.
l).- Summon meetings.
m).- Authorize Associates, when requested, temporary licenses and in consequence suspending payment of fees.
n).- Authorize the acceptance of new members and affiliates, with the approval of the National Board.
o).- Celebrate agreements with other organizations to reach common goals.
p).- Approve the inscription and annual fees paid by the Associate Members and Affiliates, as well as any other outstanding costs.
q).-Propose to the Board and the National Commission on Honor and Justice, the annual AMPI award and Diplomas to those members who have distinguished themselves for their performance in benefit of the Real Estate Profession.
r).- Appoint annually the member who deserves a distinction.
s).- Appoint members to the election committee, in compliance with article 20 of these bylaws.
t).- Appoint and remove the Manager of the Association, approve his or her salary, as well as the other employees for the Association.
u).- Execute those agreements voted at the Assemblies.
v).- Represent the Association, with ample faculties for lawsuits and litigations, acts of administration and domain in compliance with the Civil Code in force for the State of Baja California with the general and special faculties which by law require a special clause to formulate and acquit positions.
w).- Expedite the necessary rules for the effective application of these bylaws.
x).- Appoint board members for specific duties, determining their faculties to carry out these functions.
y).- Oversee along with the treasurer the accountings for the Association.
z).- Prepare and submit to the Ordinary Assembly for approval, the financial statements for the fiscal year, presenting an annual report of steps taken to validate these statements.
aa).- Summon Assemblies.
bb).- Authorize temporary licenses for Associate Members, suspending the payment of
respective fees.
cc).- Authorize the acceptance of new Associates and Affiliates, with the approval of the
National Board.
dd).- Celebrate agreements with other organizations to reach common goals.
ee).- Approve inscription and annual fees to be paid by the Associates and Affiliates, as well as any other payments due.
ff).- Propose to the Board and National Commission on Honor and Justice the yearly AMPI medal and diploma awards, to those individuals who distinguished themselves with their performance in favor of the Real Estate Profession.
gg).- Appoint annually the member who merits this distinction.
Article 27.
1.- The President of the Board will be the legal representative for the Association, with the faculties mentioned in paragraph 4 of this article. ( along with article 26, sub-clause 1, sub-paragraph "g" of these bylaws, except for acts of domain, for which written authorization from the Board is required.). The president may grant general and special Powers of Attorney for lawsuits and litigations and administration actions in compliance with the Civil Code in force for the State of Baja California. He can also revoke them.
2.- The President is the only member authorized to represent the Association locally, nationally and internationally. The president may appoint a personal representative with previous authorization from the board.
3.- In the absence of the President, the Vice President will take over, and in consequence is authorized to preside the Board's sessions and Assemblies, with the same faculties and obligations as the President.
4.- Represent the Association, in judicial, collections, administration and domain actions in compliance with the terms of the Civil Code in force for the State of Baja California, with all the general and special faculties in compliance with the law requiring a special clause. To formulate and acquit positions, and with the authority to substitute these faculties partially or totally. All of the above faculties will be carried out with written authorization from the Board.
5.- Appoint commissioners for special tasks determining in each case their faculties.
6.- Summon Assemblies in compliance with articles 16 and 17 of these bylaws.
7.- The President may appoint and remove the administrative personal with approval by the other board members.
8.- Preside activities and marketing meetings for the multiple listing service and ordinary and extraordinary assemblies.
9.- Besides presiding Assemblies and Board meetings the President must oversee that the agreements taken at these meetings are executed; and take the necessary steps for the effective operation of the Association to reach its goals.
Article 28.
1.- The President will appoint among the Board Members the Secretary for the Association, who will have the following faculties and obligations.
a).- Attend Assemblies and sessions of the Board writing up the agreements voted on.
b).- Summon board meetings, when the board, president or three of its members deems necessary.
c).- Certify, when necessary, documents and agreements taken at these meetings.
d).- Be in charge of filing, directories and correspondence for the Association.
e).-And other matters determined by these bylaws, the Board or President.
Article 29.
1.- The Board will appoint among its members a Treasurer, who will have the following faculties and obligations.
a).- Oversee the accounting for the Association, using the tools approved by the Board.
b).- Have custody and responsibility of the funds for the Association.
c).- Issue checks for the Association previously approved by the Board.
WORK COMMITTEES.
Article 30.
1.- The Board will designate, preferably among its members, those individuals who will act as Directors for these committees.
2.- The work committees will be established by the board, taking into consideration the needs and growth of the Association.
COMMISSION ON HONOR AND JUSTICE.
Article 31.
1.- The Commission on Honor and Justice will be integrated by 3 associate members, of which one must be an ex-president. They will be designated by the board at their first regular meeting. The members must have been at least 3 years with the Association and have served as a Board Member for one year. The appointees must accept their designation and will be in office for the same period as the Board.
Article 32.
1.- The nominee of President for the Commission on Honor and Justice will be the member who has seniority in the Association, and the remaining 2 members as commissioners.
Article 33.
1.- The Commission on Honor and Justice will have the following functions.
a).- Propose to the National Commission on Honor and Justice, reforms to the Code of Ethics they deem pertinent to keep it updated.
b).- Submit suggestions on sanctions for Associate Members or Affiliates regarding incompliance of the obligations contained within the Bylaws or Code of Ethics. The resolutions taken will serve as a precedent in future conflicts and the approved criteria will serve to update the Code of Ethics.
c).- Act as arbitrator in conflicts arising among the Associate Members and Affiliates, or between them and the Board. The parties will decide what foundations will be used by the arbitrators.
d).- Act as arbitrator when the parties are under their legal authority, even when one of the parties is not a member or affiliate.
Article 34.
1.- In the event of a possible incompliance or sanction regarding the dispositions established in the above Bylaws or the Code of Ethics between Associate Members of the Section, between members or non members, (¿), or in arbitration cases, the procedure for sanctioning will be as follows for the Associate Member or Affiliate who results responsible:
a).- The Commission on Honor and Justice will summon the involved parties to state their case, integrating a file with all the evidence and how the investigation was carried out. This must be accomplished within a period of 60 days from the date the case was presented. At the end of this period, they have 15 days to present their resolution to the board and the corresponding sanctions. Within a time frame of 15 days from receiving the resolutions, the interested parties may appeal to the National Commission of Honor and Justice for a revision; in which case the National Commission has 60 days to communicate their ruling to the interested parties, the Commission on Honor and Justice and to the AMPI Board Guadalajara, A.C. for all legal effects.
2.- The possible sanctions for Associate Members and Affiliates will be:
a).- A warning.
b).- A sanction.
c).- Temporary suspension of all rights.
d).- Expulsion from the Association.
3.- When incompliance to the Bylaws consists in late payments of ordinary and extraordinary fees established by the Association, the Local Board or the National AMPI Board within their competence will determine the corresponding sanction, without previous proceedings; and this will be recorded during the session.
4.- When a sanction is applied to an Affiliate of an Associate Member, this member will be notified.
DISOLUTION OF THE ASSOCIATION.
Article 35.
1.- The Association may be dissolved:
a).- By agreement at an Extraordinary Assembly, with at least 75% of the assisting members.
b).- If the Association is reduced to 5 active Associate members.
Article 36.
1.- Upon dissolution, the Association will be settled, under the conditions set forth by the Assembly, under all legal requirements.
TRANSITORY.
ONE.- These bylaws will be in effect as of:
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