Governance

Bylaws

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Internal Rules And Policies

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Index of Bylaws and IR Sections

Bylaws

Rev 2.0 – 07/02/2023

Preamble:

In an effort to provide for solidarity assistance and fellowship in the Cameroonian community in North America (USA or Canada), and considering the high costs associated with the burial, cremation, and/or shipment of mortal remains from the United States of America or Canada to Cameroon, it has been deemed appropriate to secure for ourselves, an organization that helps to reduce individual expenses incurred in the event of the loss of a community member, and to advance the interests of families by helping bring closure and solace after tragedy. To that end, the “intentionality” of our purpose has been focused in the decision to setup a non-profit, non- political association as described hereunder: 

Article I.             Name

Section 1.01     Name

(a)       The official name of the organization is SOBATAM Incorporated

Article II.          Purpose and goals

Section 2.01     Purpose

(a)      SOBATAM is a domestic not-for-profit corporation registered in the state of Maryland (D21480470).

(b)       Its mission is to create a solidarity network of people of Cameroonian background and their relatives and friends referred thereafter as community members, living in the United States of America (USA) or Canada referred thereafter as North America, for helping families within the community to alleviate the financial burden of losing a loved one.

Section 2.02     Goals

(a)       Facilitate the repatriation or the local burial of the remains of its community members deceased in North America or outside North America under the conditions defined by these bylaws and internal rules and policies.

(b)       Bring all community members in an electronic file without distinction of age, race, tribe, or religion with the purpose of helping each other.

(c)       Ultimately, build a network large enough to reduce the donation per individual member per death to less than one dollar US ($1.00).

(d)       Facilitate the collect of donations from community members and the transfer of the donations to the beneficiary or right holders of the deceased and/or the payment of burial expenses.

Article III.        Membership

Section 3.01     Groups

(a)       SOBATAM accepts membership from groups based in North America (USA or Canada) with at least a minimum number of members specified in its internal rules and policies.

(b)       A group can be a formally registered association, a group of relatives (family) or any other entity.

(c)       Every member of a group must have its primary residence in North America. However, a member of the group who has been in good standing for the minimum number of years set in internal rules, can maintain his/her membership if he/she moves outside North America.

Section 3.02     SOBATAM pool

(a)       Individuals with their primary residence in North America who are not members of a group or members of a groups which no longer meet the minimum number of members requirement, can join the SOBATAM pool. The individual after maintaining his/her membership in good standing for the minimum number of years set in internal rules, can maintain his/her membership if he/she moves outside North America

(b)       The SOBATAM pool is a special group and is subject to all the rules applicable to member groups.

(c)       Members of the SOBATAM pool must comply with additional rules as specified in the internal rules and policies.

Section 3.03     Member Group General Rules

(a)       Member groups shall abide by SOBATAM regulations and policies and sign the membership agreement form.

(b)       A group or association becomes a member of SOBATAM when it receives a SOBATAM group ID. A group ID is assigned and published at least 90 days, after submission of the agreement form, and confirmation of the acceptance by SOBATAM.

(c)       A member of a group becomes a SOBATAM member after receiving a SOBATAM member ID.

(d)       SOBATAM member ID are assigned and published at least 90 days after the group submits the information of the member.

(e)       A group is in good standing by timely fulfilling all of its obligations as specified in these bylaws and the internal rules and policies.

(f)        SOBATAM reserves the right to exclude any member association or group whose behavior may disrupt or destabilize SOBATAM.

(g)       A group which loses its membership due to non-respect of its obligation can become a member again only if it pays off any arrears owed before losing membership, and any penalty as determined by the internal rules. A new group ID must be issued at least 180 days after the group has met all the conditions for re-admission.

(h)       Rules enumerated in (g) do not apply to a group that loses its group membership simply because the number of its members drops below the minimum required.

(i)         All relatives of SOBATAM members are also treated as of Cameroonian background and entitled to SOBATAM membership no matter their nationality or citizenship as long as they meet the other requirements to become a member.

(j)         A group can withdraw from SOBATAM by sending a written notice to the Executive Bureau. The notice can be sent via email.

Article IV.       Benefits

Section 4.01     Purpose

(a)       The purpose of the benefit is to help the family with the payment of burial costs including the cremation or repatriation of mortal remains to the place of burial.

Section 4.02     Eligibility

(a)       Only a member with a SOBATAM membership ID and from a member group in good standing shall be entitled to benefits.

(b)       The payout amount shall be transferred to the designated beneficiary of the deceased or its right holders or be used to pay burial costs.

Section 4.03     Amount

(a)       The payout amount is set in the internal rules and policies (IR).

(b)       The contribution per individual member and per group must be determined by a formula set in internal rules and policies (IR). 

(c)       The internal rules and policies may set a maximum contribution per individual member. If the number of members drops to the point where the individual contribution may go above this maximum, the payout amount may be reduced through an amendment of internal rules and policies.

(d)       The payout amount may be increased through an amendment of internal rules and policies, to take into account the evolution of the cost of burial and the increase in membership.

Article V.          Governance structure

Section 5.01     Branches

(a)      SOBATAM governance consists of the National General Assembly referred thereafter as GA, and the National Executive Bureau referred thereafter as EB.

Article VI.       National General Assembly (GA)

Section 6.01     Composition

(a)       The National General Assembly referred thereafter as GA, is composed of delegates designated by member groups in good standing. The number of delegates per member group is determined by a formula set forth in the internal rules and policies and based on the number of members in the group. However, each group shall have at a minimum one delegate and no single group can have more than 50% of delegates regardless of the number of its members.

(b)       Groups have the sole power to designate their delegates.

Section 6.02     Powers

(a)       The GA is the Supreme Authority of SOBATAM. All the organization powers shall be exercised by or under the authority of the GA. The GA is sole responsible for the following:

(b)       Adoption and approval of bylaws and internal rules and policies (IRP) of SOBATAM, which addresses administrative matters regarding but not limited to membership, benefits and contributions.

(c)       Election, demotion, replacement of members of the Executive Bureau (EB) when in session.

(d)       Review and approval of the financial status for past year (July previous calendar year to June current calendar year);

(e)       Review and adoption of the operating budget of the current year (July current calendar year to June next calendar year).

Section 6.03     Regular Meetings

(a)       The GA meets once per year in the month of July.  The exact date, time, place, and the proposed agenda are set by the President of the Executive Bureau (EB). The meeting can be via videoconference.

(b)       The President of the Executive Bureau shall communicate the date and the proposed agenda to delegates at least 6 weeks in advance. The agenda shall include at least the following items:

                  (i)     Review and approval of the last year financial status (July previous calendar year to June current calendar year)

                 (ii)     Review and approval of current year (July current calendar year to June following year) operating budget

               (iii)     Election of members of the Executive Bureau if the meeting corresponds to the end of the term of members of the Executive Bureau

               (iv)     Modification, adoption and approval of bylaws and internal rules and policies if necessary

                 (v)     The adoption of and the approval of amendments to the internal rules and policies document requires an affirmative vote of the majority of delegates present.

(c)       Internal rules and policies shall comply with the Bylaws and the article of incorporation.

Section 6.01     Extraordinary meetings

(a)       The President of the EB, 2/3 of members of the Executive Bureau or 2/3 of delegates of member groups can summon an extraordinary meeting of the GA to deal with urgent matters related to but not limited to the governance of SOBATAM.

(b)       A 7-day notice shall be given to delegates and the Executive Bureau if the meeting is summoned by delegates. The meeting can be via videoconference or teleconference.

Article VII.    National Executive Bureau (EB)

Section 7.01     Composition

(a)       The National Executive Bureau thereafter referred as EB consists of the president, vice-president, secretary, deputy secretary, treasurer, deputy-treasurer, auditor and two operations co-leaders.

(b)        All members of the E.B. shall be elected by the General Assembly by a majority of delegates present. 

(c)       Each member shall have the authority and shall perform the duties set forth in these bylaws or by a resolution of the Executive Bureau.

Section 7.02      Eligibility

(a)       In order to be eligible to serve as member of the Executive Bureau, the individual must be 18 years of age and a delegate of a member group in good standing. Operations co-leaders must have architected, managed and led SOBATAM IT infrastructure or have demonstrable equivalent operational competencies.

(b)       To be eligible to the position of president, a member must have served at least one term as member of the EB. This requirement does not apply to the president of the first EB elected by the GA.

Section 7.03     Collective authority and duties

(a)       Members of the EB shall work as a team to oversee and support all aspects of SOBATAM day-to- day operations.

(b)       Any decision adopted shall be approved by a simple majority of the EB members present

(c)       A majority of members of the EB must be present to form a quorum.

(d)       In case of a deadlock, the voice of the president of the meeting count twice.

(e)       The EB can adopt additional rules through a simple majority vote of its overall members to regulate its internal operations. Once adopted these rules are mandatory and all members of the EB shall comply with them.

(f)        The EB can assign specific duties and authority to some of its members through the adoption of a written resolution.

(g)       The EB may appoint qualified agents to perform specific duties or assign specific duties to outside individuals or groups of individuals.

(h)       The EB shall adopt a conflict of interest (COI) policies

(i)       The EB shall ensure SOBATAM complies with to all relevant state and federal regulations and laws.

Section 7.04     President

(a)       The President is the public face of the organization.

(b)       The president shall lead the EB in performing his/her duties and responsibilities, including, if present, presiding at all meetings of the EB

(c)        He/she shall perform all other duties prescribed by the EB.

Section 7.05     Vice-President

(a)       In the absence or disability of the president, the vice-president shall perform the duties of the president.

(b)       When so acting, the vice-president shall have all the powers of and be subject to all the restrictions upon the president. 

(c)       The vice-president shall have such other powers and perform such other duties prescribed by the EB.

Section 7.06     Secretary General

(a)       The secretary general shall keep a book of minutes of all meetings and actions of the EB and GA. 

(b)       The minutes of each meeting shall state the time and place that it was held and such other information as shall be necessary to determine the actions taken and whether the meeting was held in accordance with the law and these Bylaws. 

(c)       The secretary general shall cause notice to be given of all meetings of EB, GA as required by the Bylaws or directed by the EB.

(d)       The secretary general shall have such other powers and perform such other duties as may be prescribed by the EB. 

(e)       The secretary general may delegate some of its duties to the deputy secretary general with the approval of the EB.

Section 7.07     Deputy Secretary General

(a)       The deputy secretary general shall assist the secretary general in the execution of his duties.

(b)        In the absence or disability of the secretary general, the deputy secretary general shall perform the duties of the secretary general.

(c)       When so acting, the deputy secretary general shall have all the powers of and be subject to all the restrictions upon the secretary general. 

(d)       The deputy secretary general shall have such other powers and perform such other duties prescribed by the EB.

Section 7.08     Treasurer

(a)       The treasurer shall be the lead for oversight of the financial condition and affairs of the organization. 

(b)       The treasurer shall oversee and keep the EB and the GA informed of the financial condition of the organization and of audit or financial review results. 

(c)       In conjunction with other members of the EB, the treasurer shall oversee budget preparation and shall ensure that appropriate financial reports, including an account of major transactions and the financial condition of the organization, are made available to the EB and the GA on a timely basis or as may be required by bylaws and EB internal rules. 

(d)       The treasurer shall perform all duties properly required by the EB. 

(e)       The treasurer may delegate some of its duties to the deputy treasurer with the approval of the EB.

Section 7.09     Deputy Treasurer

(a)       The deputy treasurer shall assist the treasurer in the execution of his/her duties.

(b)        In the absence or disability of the treasurer, the deputy treasurer shall perform the duties of the treasurer.

(c)       When so acting, the deputy-treasurer shall have all the powers of and be subject to all the restrictions upon the treasurer. 

(d)       The deputy treasurer shall have such other powers and perform such other duties prescribed by the EB.

Section 7.10     Auditor

(a)       The Auditor shall oversee financial reporting and risk management.

(b)       SOBATAM’s organization shall have an annual financial audit. The audit report shall be presented to the GA.

(c)       A summary of the audit report shall be available to any member group upon a written request.

(d)       The auditor shall perform all other duties properly required by the EB

Section 7.11     Operations co-leaders

(a)       Responsible for developing operational procedures to help SOBATAM operates in accordance with bylaws and IR.

(b)       Responsible for the development, operation and maintenance of SOBATAM IT infrastructure including, but not limited to, Web applications, member portal, social media, domain names and all IT assets.

(c)       Ensure that SOBATAM databases are regularly backed up and available to members of the EB.

(d)       Shall perform all other duties properly required by the EB

Section 7.12     Terms

(a)       All members of the EB shall be elected to serve a three-year term. However, the term may be extended until a successor has been elected.

(b)       Members of the EB may serve terms in succession. However, they may not serve more than 2 terms in the same position.

(c)       The term of members of the EB shall be considered to begin at the GA meeting they are elected and to terminate at the third GA meeting following their election.

Section 7.13     Vacancies, Resignation, Suspension

(a)       Any vacancy occurring in the EB in the EB will be temporary filled by the EB until the next regular GA. The position will be assumed on an acting basis and will end at the next GA regular meeting. If the vacancy is for the position of president, treasurer or secretary, the respective deputy will automatically assume the vacant role until the next GA. The EB may hire a replacement to the deputy in accordance with the procedure described above. For example, if the president resigns, the vice-president becomes the acting president until the next GA elects a new president. The EB may select a replacement to act as vice-president.

(b)       If more than 1/3 of the EB member positions are vacant, the president or 1/3 of the EB members shall summon an extraordinary meeting of the GA to fill the vacant positions.

(c)       A member of the EB can resign from his/her position by giving a written notice to the EB. The resignation shall take effect upon receipt of the notice or at a given date agreed with the EB.

(d)       A member of the EB may be suspended by a 2/3 vote of the members of the EB if the member does not comply with the bylaws, conflict of interest’s policies, internal rules and policies and the EB internal rules. 

(e)       The GA shall confirm the removal or the annulment of the suspension of the member at the next GA by a simple majority vote of delegates present.

Section 7.14     Regular meetings

(a)       The Executive Bureau shall have a minimum of three (3) regular meetings each calendar year. The dates of the regular meetings in the calendar year shall be set by a resolution of the EB. 

(b)       The EB can invite some delegates and other guests to attend its meetings.

(c)       The president can summon the meetings through the following channels:

                              i)         Meeting announcement online

                            ii)          Social Media Group

                           iii)          Email

                           iv)          Postal Mail

                            v)          Phone calls

Section 7.15     Extraordinary Meetings

(a)       The EB shall meet in order to officially announce the death of a community member; publish the documents required to validate the death; and/or send out to delegates the contribution tables in order to collect funds.

(b)       In addition, the Executive Board shall meet 48 hours following the announcement of the death of a member by conference call or in person.

(c)       In the event of a crisis or an unforeseen situation and in compliance with the Bylaws and Internal Regulations of SOBATAM, the Executive Bureau shall meet by conference call or in person at a date determined by the President.

Section 7.16     Compensation for Executive Bureau member service

(a)       EB members shall receive no compensation for carrying out their duties.

(b)        The GA may adopt policies providing for reasonable reimbursement of EB members for expenses incurred in conjunction with carrying out their responsibilities, such as travel expenses.

Section 7.17     Informal action by the Executive Bureau

(a)       Any action required or permitted to be taken by the Executive Bureau at a meeting may be taken without a meeting if consent in writing, setting forth the action so taken, shall be agreed by the consensus of a quorum. 

(b)       For purposes of this section an e-mail transmission from an e-mail address on record constitutes a valid writing. 

(c)       The intent of this provision is to allow the Executive Bureau to use email to approve actions, as long as a quorum of board members gives consent.

Article VIII.  CONTRACTS, CHECKS, LOANS, INDEMNIFICATION AND RELATED MATTERS

Section 8.01     Contracts and other Writings

(a)       All contracts, deeds, leases, mortgages, grants, and other agreements of the organization shall be executed on its behalf by the treasurer or other persons to whom the EB has delegated authority to execute such documents in accordance with policies approved by the GA and the EB.

Section 8.02     Checks, drafts, deposits

(a)       All checks, drafts, or other orders for payment of money, notes, or other evidence of indebtedness issued in the name of the organization, shall be signed by a member of the EB, agent or agents of the organization and in such manner as shall from time to time be determined by a resolution of the EB in accordance to bylaws and all internal rules and regulations.

(b)       All funds of the organization not otherwise employed shall be deposited from to the credit of the corporation in such banks, trust companies, or other depository as EB or a designated member of the EB may select.

Section 8.03     Contracts and other Writings

(a)       Advance for Expenses.  Expenses incurred in defending a civil or criminal action, suit or proceeding may be paid by the organization in advance of the final disposition of such action, suit or proceeding, as authorized by the GA in the specific case, upon receipt of

(b)       (I) a written affirmation from the EB member, of his or her good faith belief that he or she is entitled to indemnification as authorized in this article, and

(c)       (II) an undertaking by or on behalf of the EB member or to repay such amount, unless it shall ultimately be determined that he or she is entitled to be indemnified by the organization in these Bylaws

(d)       The corporation may also indemnify and advance expenses to an agent of the organization who is not a member of the EB, consistent with state of Maryland Law and public policy, provided that such indemnification, and the scope of such indemnification, is set forth by the general or specific action of the GA or by contract.

Article IX.        Litigation

Section 9.01     Jurisdiction

(a)       The headquarters of SOBATAM is located in Hagerstown, Maryland. Therefore, the courts of Maryland, Washington County have jurisdiction in case of dispute.

(b)       SOBATAM considers claims from associations’ members of SOBATAM and from individual members of these associations.

Section 9.02     Attorneys’ Fees

(a)       Attorney Fees: In any litigation, arbitration, or other proceeding by which SOBATAM is the prevailing party, SOBATAM shall have the right to collect/recover from the other party its reasonable costs and necessary disbursements and attorneys’ fees incurred in enforcing this agreement.

Article X.          Document Retention Policy

Section 10.01 Policy

General Guidelines.

(a)       From time to time, SOBATAM may establish retention or destruction policies or schedules for specific categories of records in order to ensure legal compliance, and also to accomplish other objectives, such as preserving intellectual property and cost management. Several categories of documents that warrant special consideration are identified below. While minimum retention periods are established, the retention of the documents identified below and of documents not included in the identified categories should be determined primarily by the application of the general guidelines affecting document retention, as well as the exception for litigation relevant documents and any other pertinent factors

(b)       Exception for Litigation’s Relevant Documents: SOBATAM expects all members of E.B. and agents to comply fully with any published records retention or destruction policies and schedules, provided that all member of the EB, directors and agent should note the following general exception to any stated destruction schedule. If you believe or SOBATAM informs you, that organization records are relevant to litigation, or potential litigation (i.e. a dispute that could result in litigation), then you must preserve those records until it is determined that the records are no longer needed. That exception supersedes any previously or subsequently established destruction schedule for those records.

(c)       Minimum Retention Periods for Specific Categories

                  (i)     Corporate Documents: Corporate records include the corporation’s Articles of Incorporation, By-Laws and IRS Form 1023 and Application for Exemption if applicable. Corporate records should be retained permanently. IRS regulations require that the Form 1023 be available for public inspection upon request.

                 (ii)     Tax Records: Tax records include, but may not be limited to, documents concerning payroll, expenses, accounting procedures, and other documents concerning the organization’s revenues. Tax records should be retained for at least seven years from the date of filing the applicable return.

               (iii)      EB and GA material: Meeting minutes should be retained in perpetuity in the organization’s minute book. A clean copy of all other EB and GA materials should be kept for no less than three years by the organization.

               (iv)     Press Releases/Public Filings: The organization should retain permanent copies of all press releases and publicly filed documents under the theory that the organization should have its own copy to test the accuracy of any document a member of the public can theoretically produce against the corporation.

                 (v)     Legal Files: Legal counsel should be consulted to determine the retention period of particular documents, but legal documents should generally be maintained for a period of ten years.

               (vi)     Marketing and Sales Documents: The Corporation should keep final copies of marketing and sales documents for the same period of time it keeps other corporate files, generally three years. An exception to the three-year policy may be sales invoices, contracts, leases, licenses, and other legal documentation. These documents should be kept for at least three years beyond the life of the agreement.

             (vii)     The corporation should keep all documents designated as containing trade secret information for at least the life of the trade secret.

            (viii)     Contracts: Final, execution copies of all contracts entered into by the corporation should be retained. The corporation should retain copies of the final contracts for at least three years beyond the life of the agreement, and longer in the case of publicly filed contracts.

               (ix)     Correspondence: Unless correspondence falls under another category listed elsewhere in this policy, correspondence should generally be saved for two years.

                 (x)     Banking and Accounting: Accounts payable ledgers and schedules should be kept for seven years. Bank reconciliations, bank statements, deposit slips and checks (unless for important payments and purchases) should be kept for three years. Any inventories of products, materials, and supplies and any invoices should be kept for seven years.

               (xi)     Insurance: Expired insurance policies, insurance records, accident reports, claims, etc. should be kept permanently.

             (xii)     Audit Records. External audit reports should be kept permanently. Internal audit reports should be kept for three years.

Article XI.                    Modification of the bylaws

Section 11.01 Amendment

(a)      Modifications of the bylaws must be approved by an affirmative vote of 2/3 of delegates present.

Article XII.     Amendment to the Article of Incorporation

Section 12.01 Amendment

(a)       Any amendment to the article of incorporation must be approved by an affirmative vote of 2/3 of the delegates present.

Internal Rules

Rev 2.0 – 07/02/2023

1         Introduction

The objective of the internal rules and policies is in accordance with SOBATAM Bylaws, to facilitate a smooth running of SOBATAM and ensure the proper functioning of the organization.

The purpose of the Internal Rules is to spell out the rights and duties of the members and to provide guidelines to:

  • Help maintain a close relationship between the members, the national bureau and the delegates.
  • Help facilitate the daily running of activities and to improve the management of the national bureau.

The internal rules and policies shall be made available to all members and delegates on the website of SOBATAM.

Internal rules and policies can be modified under the conditions specified in SOBATAM Bylaws.

2         Summary

This summary is not authoritative. The specific sections are authoritative if in conflict with this summary.

Benefit Amount

$15000

Groups

·         Minimum number of members

8

·         Waiting period

90 days (180 days returning members)

·         Minimum number of delegates

2

·         Maximum number of delegates

13

·         One-time membership fees

$50 ($100 returning member)

·         New member registration fee for an active group

$10

·         Delay to pay contribution for death

10 calendar days (20 calendar days if multiple deaths)

·         Deadline to pay contribution for budget & other expenses

30 calendar days

·         Penalty for late payment of contributions

$50

·         Deadline to pay penalties and contributions beyond initial delay before automatically losing membership

10 calendar days

·         Returning membership fees

$100

SOBATAM Pool members

·         Waiting period

90 days (180 days returning member)

·         One-time membership fee

$15

·         Minimum deposit

$100 ($50 for SOBATAM Pool for families)

·         Deadline to bring deposit to $100 ($50 for SOBATAM Pool for families)

30 calendar days

·         Penalty for default to bring deposit to $100 ($50 for SOBATAM Pool for families) before deadline

$10 (automatically subtracted from deposit)

·         Additional deadline to bring deposit to $100 or above before losing membership if deposit is below $10

10 calendar days.

Death notification and other requirements

·         Maximum delay to notify SOBATAM before losing benefits

15 calendar days if death in North America

18 calendar days if death outside North America

·         Delay for additional documents to reconcile mismatch in name, day and month of birth

45 calendar days

3         Group Membership

3.1        Eligibility

  1. Membership to SOBATAM is voluntary
  2. The group must have at least 8 members
  3. All members of the group must have their primary residence in North America (USA or Canada).
  4. A member who has been in good standing for 2 years, can maintain his/her membership if he/she moves outside North America provided he/she continues to fulfil all his/her obligations.

3.2        Registration

  1. The representative of the group shall go to the SOBATAM registration page at https://sobtam-na.org/register and follow the instructions on how to open a group account and enter online information for the group members, or on how to submit the information using the registration form; He/she can also request a registration form by sending an email to registration@sobatam-na.org
  2. If you download the registration form, fill out the form, sign it and send it at registration@sobatam-na.org or upload it online at https://sobatam-na.org/register.
  3. After reviewing the application, SOBATAM will confirm reception by emails with further instructions.
  4. Group pays the one-time membership fees of $50
  5. SOBATAM confirms reception of payment. Members enter the 90 days waiting period for the activation of benefits.
  6. After the waiting period SOBATAM assigns a Group ID to the group, a membership ID to each member of the group and send an email notification to the group delegates.
  7. No SOBATAM ID will be assigned to a member, if the day and month of birth are not on file. The day and month of birth are considered not on file if they are either missing altogether or are set to an invalid day and month: 30-February, 31-February.
  8. The full name of each registered member shall correspond to what is on an official document required in case of death.
  9. After it becomes active (receives a Group SOBATAM ID), the group must pay $10 registration fees for each new member added.

3.3        Group list updates

  1. The list of members of a group can be updated to correct the names of one or several members, add one or several members, drop one or several members, update list of assigned delegates.
  2. The update can be performed by a delegate by login on the group account on SOBATAM website. This is the recommended method. The change will be taken into account within 3 business days.
  3. The update can be performed by downloading the form online at https://sobatam-na.org/register, filling it out and emailing it to registration@sobatam.org.
  4. If the form is sent by email, allow 10 business days for the request to be processed.
  5. The full name of the member, his/her month and day of birth shall correspond to what is in an official document required in case of death.

3.4        Membership transfer to another group

  1. A member from a group in good standing can transfer to a new group in good standing or to the SOBATAM pool.
  2. Either the outgoing or the receiving group must notify SOBATAM of the transfer by email at registration@sobatam-na.org. SOBATAM will notify the other group and perform the transfer after 4 calendar days if there is no objection from the other group.
  3. Allow 3 business days for the change to take effect if performed through the group account and 10 business days if performed through email.
  4. SOBTAM does not intervene in the internal operation of groups.

3.5        Membership transfer to SOBATAM Pool

  1. If the member wants to join the SOBATAM pool, the outgoing group or the member shall notify SOBATAM by email at registration@sobatam-na.org.
  2. SOBATAM performs the transfer and notifies the member of all the other requirements to complete the transfer to SOBATAM pool and deadline of 15 calendar days to fulfil the financial obligations.
  3. The membership to the pool becomes active only after the member has met all the financial requirements to join the SOBATAM pool in particular the provision of $100 or $50 if joining SOBATAM Pool for families.
  4. While the transfer to SOBATAM pool is pending, the member is presumed to be in good standing if within the deadline and in bad standing if outside the deadline.

3.6        Withdrawal

  1. A deceased member shall be automatically removed by SOBATAM from SOBATAM active member database and the corresponding group membership list.
  2. A group may request to withdraw from SOBATAM at any time. The withdrawal shall be effective after SOBATAM has received Withdrawal Request Form and verified that the requesting group is in good standing.
  3. A member who wishes to withdraw from SOBATAM shall contact his/her delegate. Only a delegate can withdraw a member from SOBATAM. He/she shall follow the update procedures.

3.7        Loss of membership

A group will lose its membership under one of the following conditions:

  1. The group has been in bad standing beyond the deadline prescribed in the group financial obligations. Members of the group can only join SOBATAM under the conditions of returning members.
  2. The group no longer meets the minimum of 8 members requirement. Under these conditions, members of the group are eligible to join the SOBATAM Pool or transfer to other groups. The group will be notified and members have 30 days to join the SOBATAM Pool by paying the required financial provision of $100 or $50 if joining SOBATAM Pool for families. Members affected do not have to pay the one-time membership application fee to join the SOBATAM Pool.
  3. The group does not abide by SOBATAM rules and is a source of grave disturbance. The group will be notified by SOBATAM. Individual members of the group who were not the cause of the disturbance have 30 days to transfer to other groups or join the SOBATAM pool. SOBATAM reserved the right to refuse individual members if they were the cause of the disturbance. If a member chooses to join the SOBATAM group, it will have to pay the one-time membership fees and fulfil all other financial obligations.

3.8        Returning Members

  1. Any group that voluntarily withdraws from SOBATAM may come back. But, will receive a new group ID.
  2. The returning group shall observe a waiting period of at least 180 days. If the returning group left with some pending financial obligations, it must pay them off and must also pay a one-time fee of $100.
  3. If the group has lost membership because it didn’t meet the minimum number of members requirements, the above conditions do not apply. The group will be treated as a new group.
  4. Any member who voluntary withdraws from SOBATAM may come back with the same group or a different group. He/she shall be assigned a new membership ID after at least 180 days.

4         SOBATAM Pool membership

4.1        Eligibility

  1. Membership to the SOBATAM Pool is voluntary
  2. Any individual who meets the community member criteria set in the bylaws, regardless of current citizenship, with the primary residence in North America (USA or Canada) and who is not already a member of a SOBATAM member group.
  3. Any member of a member group meeting the conditions of transfer to the SOBATAM Pool.
  4. 2 to 7 members of the SOBATAM pool can opt to join the SOBATAM Pool for families. They share the same point of contact who has access to the other member accounts, can update their information, pay for their financial obligations, and receive and send emails on their behalf.

4.2        Registration

  1. To register, you must go the SOBATAM registration page at https://www.sobatam-na.org/register and follow the instructions to either open an account online or to register online.
  2. You can also simply send an email to registration@sobatam-na.org. with the following information: First name, Last name, day & month of birth, email address, country of residence, primary beneficiary full name, contact information and relation to you.
  3. The individual must be 18 year or older. If younger than 18-year-old, you cannot directly open account with SOBATAM. Your application must be submitted by email at registration@sobatam-na.org by someone older than 18 year and with the proper authority to do so. The person must provide his/her full name and contact (email and telephone) and include the following statement to the application email: “I am 18 year or older and affirm that I have the proper authority to enroll the above minor individual to SOBATAM Pool”.
  4. The individual pays the one-time membership fees of $15 and a deposit of $100 or $50 if joining SOBATAM Pool for families.
  5. SOBATAM send a confirmation email to the individual. The membership will stay in pending status for 90 days.
  6. After the 90 days waiting period, SOBATAM will issue a membership ID to the individual.
  7. No SOBATAM ID will be assigned to a member, if the day and month of birth are not on file. The day and month of birth are considered not on file if they are either missing altogether or are set to an invalid day and month: 30-February, 31-February.
  8. The full name of each registered member shall correspond to what is on an official document required in case of death.

4.3        Update of member information

  1. Member information can be updated any time including the name, month and date of birth.
  2. A member can update his/her information on the website or by sending an email to registration@sobatam-na.org.
  3. Member must allow up to 10 business days for the change to take effect if submitted by email.
  4. SOBATAM will send a confirmation email when the change takes effect.
  5. The full name of the member, his/her month and day of birth shall correspond to what is in an official document required in case of death. No name adjustment is accepted after the death of the member.

4.4        Transfer to a group

  1. A member of SOBATAM pool in good standing can transfer any time to a group in good standing.
  2. The member or the receiving group must notify the transfer to SOBATAM by email at registration@sobatam-na.org.
  3. SOBATAM will perform the transfer and notify both the group and the member
  4. Any remaining provision will be transferred back to the member
  5. SOBATAM reserves the right to refuse the transfer of a member in bad standing. Such member will be considered as a returning member.

4.5        Withdrawal

  1. A deceased member shall be automatically removed by SOBATAM from SOBATAM active member database and from the SOBATAM pool.
  2. A member may request to withdraw from SOBATAM Pool at any time. The withdrawal shall be notified to SOBATAM by email at registration@sobatam-na.org. SOBATAM will verify that the requesting member is in good standing.
  3. Any remaining provision will be transferred back to the member
  4. The member account will be closed by SOBATAM

4.6        Loss of membership

A member of SOBATAM pool will lose its membership under one of the following conditions:

  1. The member is in bad standing. The member is not able to maintain his/her financial provision at the level required.
  2. The member does not abide by SOBATAM rules and is a source of grave disturbance. The member will be notified by SOBATAM and any remaining provision will be returned to the member.

4.7        Returning member/Reinstatement

Any member of SOBATAM pool who voluntary withdraws from SOBATAM may come back with a member group or SOBATAM pool. He/she shall be assigned a new membership ID only after at least 180 days and will be subject to all the other rules to a new member joining a member group or the SOBATAM pool.

If the returning members lost his/her membership after a delinquency, he/she most pay a returning fee of $30. Also, the member can be reinstated only if he/she has paid-off all amounts in arrears.

A member who lost his/her membership due to disturbance is not eligible to return before 90 days. After he/she becomes eligible to return, he/she will be subject to all the other rules applicable to returning members.

5         Group Delegates

5.1        Roles

  1. Delegates represent the groups at the National General Assembly and have all the prerogatives afforded to them by SOBATAM Bylaws.
  2. Delegates are the interface between the group and SOBATAM. All communication between SOBATAM and groups is done through the delegates.
  3. Only a delegate can update the group member list, request the withdrawal of the group from SOBATAM or any other administrative task on behalf of the group.

5.2        Designation

  1. Groups are sole responsible for the designation of their delegates.
  2. A group shall designate at least 1 delegate to handle administrative tasks on behalf of the group and interface with SOBATAM. The person who files the group application is the de-facto delegate administrator of the group until he/she notifies SOBATAM otherwise.
  3. Each group is responsible for promptly replacing a delegate who is no longer member of the group
  4. SOBATAM can suspend or remove a member who is a group delegate and who is the source of grave disturbance. In that case it is up to the group to designate a new delegate.
  5. At least 3/4 of the delegates of the SOBATAM Pool must be designated outside the members of the National Executive Bureau (EB).
  6. At least 1 member of the EB must be designated as a SOBATAM Pool delegate.
  7. The EB is responsible for the administration of the SOBATAM Pool.
  8. Delegates of the SOBATAM Pool are advocates of the group members and represent the group at the general assembly (GA).
  9. Groups are sole responsible for keeping up to date contact information of their delegates including: telephone numbers and email addresses.

5.3        Number of delegates per group

  1. Each group of up to 20 members can have 2 delegates. A group will have additional delegates based on the range of their membership as indicated in the table below.
  2. The number of delegates for the SOBATAM Pool will follow the above rules.

Table 1: Number of delegates per group size

Membership Range

Number of delegates

Membership range

Number of delegates

Membership range

Number of delegates

20 or less

2

81 – 100

6

161 – 180

10

21 – 40

3

101 – 120

7

181 – 200

11

41 – 60

4

121 – 140

8

201 or more

13

61 – 80

5

141 – 160

9

  

6         Matriculation

  1. All membership IDs shall remain the sole property of SOBATAM and should under no circumstances can be used outside the scope of SOBATAM.
  2. The use of names and membership IDs, as well as emails and phone numbers from SOBATAM for political or economic purposes is not authorized and shall be liable to prosecution.
  3. Members from a dissolved group as well as eligible SOBATAM pool members shall get a new identification number and stay current.
  4. No member shall have two (2) identification numbers. It is the responsibility of the delegates of a group to ensure that their members are not registered twice.

7         Benefits

7.1        Eligibility

  1. The deceased member shall be a member of a group in good standing as specified in the “Group Good Standing Determination” section (10).
  2. If the deceased is a member of the SOBATAM Pool, he/she must be in good standing as specified in the “SOBATAM Pool Member Good Standing Determination” section (11).
  3. All notifications and other requirements enumerated below are met.

7.2        Defined benefits

  1. SOBATAM pledges to help the family of a deceased member with a total amount of $15,000.00 (Fifteen thousand US dollars) to cover the funeral expenses.
  2. This amount may be increased in the future by a vote of a simple majority of delegates if membership increases significantly and the contribution per member is around a few dollars and/or to take into account higher costs of funeral.
  3. If membership decreases to a point where the contribution per member is $50 or higher, the amount of the benefits can be decreased by a vote of the majority of delegates.

7.3        Notification and other Requirements

7.3.1        Death in North America (USA and Canada)
  1. Any death shall be notified to SOBATAM within 15 calendar days. It can be done by sending an email to death-notification@sobatam-na.org with the member information, date and location of death, SOBATAM ID and contact information of the beneficiary.
  2. The following documents must be produced to SOBATAM after notification of the death to trigger the collection of contributions from members:
    1. Death Certificate
    2. SOBATAM Membership ID
    3. Copy of a Picture ID.
    4. The name, day and month of birth in the death certificate and picture ID must correspond to what is on file. If there is a mismatch, beneficiaries have up to 45 calendar days from the day initial documents were provided, to provide additional official documents allowing to reconcile the mismatch. Beyond that deadline, benefits are denied.
    5. Benefits cannot be denied if the mismatch is due to a SOBATAM clerical error.
    6. Benefits shall be denied if the day and month of birth are not on file. Existing members have until 08/31/2023 to comply.
7.3.2        Death Outside North America (USA and Canada)
  1. Any death outside North America shall be notified to SOBATAM within 10 18 It can be done by sending an email to death-notification@sobatam-na.org with the member information, date and location of death, membership ID and contact information of the beneficiary or right holder.
  2. The following documents must be produced to SOBATAM after notification of the death to trigger the collection of contributions from members:
    1. Death Certificate
    2. SOBATAM Membership ID
    3. Copy of a Picture ID
    4. Copy of airline tickets or any proper document showing that the member travelled outside the USA or Canada less than 6 months before the date of death. This is not required if the member has been member for more than two years and has notified SOBATAM that he/she will be moving outside North America for more than 6 months.
    5. The name, day and month of birth in the death certificate and picture ID must correspond to what is on file. If there is a mismatch, beneficiaries have up to 45 calendar days from the day initial documents were provided, to provide additional official documents allowing to reconcile the mismatch. Beyond that deadline, benefits are denied.
    6. Benefits cannot be denied if the mismatch is due to a SOBATAM clerical error.
    7. Benefits shall be denied if the day and month of birth are not on file. Existing members have until 08/31/2023 to comply.

7.4        Deceased member Privacy

  1. In order to preserve the privacy of the deceased, the group delegate shall mask the cause of death, usually mentioned on the death certificate, before providing it to SOBATAM.
  2. The Executive Bureau shall mask deceased member’s sensitive and personal identification information such as the SSN after their case has been settled.

7.5        Payments

  1. SOBATAM shall collect a sum of fifteen thousand dollars ($15000) from all association groups, and transfer these funds to assist with the funerals of the deceased. This amount is directly paid to designated beneficiaries if on file or the right holder(s) of the deceased.
  2. Payment to the right holder(s) will be made using one of the following methods:
    1. Transfer of funds into the bank account of the right holder(s).
    2. Direct payment to the right holder(s) by check or cashier’s check.
  3. Delegates of the group in which the deceased member belongs to are responsible for providing the name and mailing address of the right holder(s) if no beneficiary is on file.
  4. Under no circumstances shall funds be given to the beneficiary in the form of cash.
  5. If the beneficiaries do not allow SOBATAM to advertise the fact that the beneficiaries will be receiving benefits from SOBATAM, 10% of the payout of the benefits will be retained by SOBATAM.

8         Contributions

8.1        Per member contribution determination

  1. The per member contribution is determined by dividing the benefits by the total number of members with a SOBATAM membership ID. If the total number of members with a SOBATAM membership ID is 7500 and the benefit is $15000. The per member contribution will be $2 ($15000/7500).
  2. $1 will be added to the per member contribution determined above to cover expenses associated to the processing of the death and start building a reserve fund.
  3. The contribution of a group is determined by multiplying the per member contribution by the total number of members of the group with a SOBATAM membership ID. If a group has 20 members and the per member contribution is $11 ($10 + $1). The group contribution is $220 ($11×20).

8.2        Collection from Groups

  1. Collection of contributions from groups must be triggered after verification of eligibility and notification requirements.
  2. SOBATAM must send the contribution table along with the proof of death to group delegates on file via email and SOBATAM delegate social network groups.
  3. The contribution table must provide at least the following information:
    1. Name of the deceased
    2. Date of death
    3. Date the deceased received SOBATAM membership ID
    4. The name of the group of the deceased
    5. Total number of members with a SOBATAM membership ID
    6. Per member contribution
    7. For each member group: the number of members with membership ID and the total contribution of the group.
    8. Information on how groups can pay for their contributions. The same information must be available on SOBATAM website.
  4. Each group has 10 calendar days to pay for their contributions. However, if the contribution table is for several deaths, groups will have 20 calendar days to pay for their contributions.
    1. If a group does not honor its contribution within 10 calendar days, it will incur a penalty of $50. The group has 10 calendar days to pay for the contribution and the penalty. After that the group is considered in bad standing and it is automatically dropped from SOBATAM membership. The group can be reinstated, if it pays within 30 days of being automatically dropped, outstanding contributions including for deaths that occurred during the period the group was automatically dropped, and a penalty of $100. Beyond this delay, the group can only return under the conditions of a returning group.
  5. If SOBATAM is not able to collect the total amount of benefits, the beneficiaries or right holders will receive the amount collected and the missing amount will be redistributed among the members after dropping the delinquent groups.
  6. SOBATAM reserves the right to delay a death announcement if it occurs after one or more other deaths within the same month. The goal is to limit contribution requests to a reasonable amount per month.

8.3        Collection from the SOBATAM Pool

  1. Contributions for the SOBATAM Pool will be withdrawn from the deposits of members of the Pool.
  2. Members whose deposit drops below $100 or $50 for SOBATAM Pool for families, will receive a notification requesting them to bring their deposit to at least $100 or $50 respectively.
  3. Members must bring their deposit to at least the minimum required within 30 calendar days after receiving the notification.
  4. A member who does not bring his/her deposit to the minimum required within 30 calendar days will incur a penalty of $10 that will be automatically subtracted from his/her deposit. Members who do not respect the deadline and whose deposit is below $10, 10 days after the deadline are reputed in bad standing and will automatically lose their SOBATAM membership.

9         Operating budget and other expenses

9.1        Operating budget

  1. The EB must prepare the operating budget of SOBATAM and submit it to the GA for review and approval.
  2. The GA has the power to review and amend the proposed budget. The final budget is approved by an affirmative vote of a simple majority of the delegates present.
  3. After the adoption of the operating budget, the EB shall send the contribution table no later than 15 calendar days.
  4. After receiving the budget contribution notification, groups must honor their contributions no later than 30 calendar days. If the group does not honor its contribution to the budget, it will incur a penalty of $50. The group then has 10 calendar days to pay for the contribution and the penalty. If the group still fails to honor its financial obligations after this last deadline, it will automatically loose its SOBATAM membership.
  5. The per member contribution of the operating budget is determined by dividing the amount of expenses by the total number of members with a SOBATAM membership ID. If the operating budget includes total expenses of $9000 and the number of members with a SOBATAM membership ID is 3000, the per member contribution to the operating budget will be $3.00 ($9000/3000).
  6. The group contribution is determined by multiplying the per member contribution by the number of members with a SOBATAM membership ID in the group. If the per member contribution is $3.00 and the number of members is 20, the group contribution to the operating budget is $60.00 ($3×20).
  7. SOBATAM Pool contribution will be withdrawn from its member deposits. Members whose deposit drops below the minimum required will have 30 calendar days to bring their deposit back to at least the minimum required. Members who do not bring their deposit back before the deadline will incur a penalty of $10 automatically subtracted from their deposit. Members whose deposit is below $10 and 10 days beyond the deadline to bring their deposit to minimum required, will automatically lose their SOBATAM membership.

9.2        Out of budget expenses

  1. The EB shall not engage out of budget expenses representing more than 10% of the operating budget approved by the GA.
  2. The EB shall summon an extraordinary meeting of the GA to approve out of budget expenses if the total is more than 10% of the operating budget approved by the EB.
  3. The EB cannot engage expenses for which it does not have funds available. In other words, the EB cannot borrow to fund expenses.
  4. Contributions to legitimate out of budget expenses will be determined and collected under the same conditions as the operating budget unless the GA specifically prescribes other conditions by a vote of a simple majority of delegates present.
  5. All expenses should be tracked and included in the annual financial report, made under the proper authorization by the EB and must comply with state and federal laws.
  6. Contributions for a member death shall not be used for other expenses.
  7. Contributions for the operating budget and other expenses cannot be used to pay benefits for a member death.
  8. The GA may exceptionally approve by a vote of 60% of delegates present the use of the operating budget funds if available and if it is not possible to collect the totality of the benefits a member is entitled to.

10    Determination of a group standing

A group is in good standing if it meets all the following conditions:

  1. The group has a SOBATAM group ID
  2. The group has not automatically lost its membership due to the failure to pay its contributions and penalties within the prescribed deadlines.

If a group does not meet all the above conditions, it is in bad standing and its members cannot receive benefits.

11    Determination of a SOBATAM Pool member standing

A member is in good standing if he/she meets all the following conditions:

  1. The member has a SOBATAM membership ID
  2. The member has not lost automatically his/her membership due to the failure to maintain his/her deposit at the minimum level required before the prescribed deadlines.

A member who does not meet all the above conditions is reputed in bad standing and cannot received benefits.

12    Fraud

  1. It is considered as fraud:
    1. A member who obtained a SOBATAM membership ID while his/her main residence is outside the United States or Canada
    2. Any falsified document.
    3. Any false statement.
    4. A member having two (2) Identification Numbers
  2. In case of fraud detected, the concerned group or member will be excluded from SOBATAM
  3. SOBATAM reserves the right to demand repayment of benefits unduly received and to press charges if necessary.