Difference between revisions of "Lawbook of Elwynn"

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The ''Act on the Nationality within the Union'' (of 7 February 2012 and as subsequently amended) shall be repealed.
 
The ''Act on the Nationality within the Union'' (of 7 February 2012 and as subsequently amended) shall be repealed.
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[[Category:Laws]][[Category:Elwynn]]

Revision as of 23:29, 9 April 2016

Tielion Loki Act

Sole article

The city once known as Tielion Loki shall be return to such name.

Armed Forces Act

The Senate of Elwynn, Amokolia and Hurmu,

Noting with concern moves in neighbouring Ashkenatza determined to close the legation of the Court of the Prince in Kolmenitzkiy,

Regretting the change of rhetoric from Ashkenatzi officials in regards to the Elwynnese, Amokolian and Hurmu union from being expressions of friendship, trust and good neighbourliness to being expressions of sheer paranoia, a trait not usually associated with friends;

Alarmed by the destabilization of the Benacian continent, particularly in Batavia, with deployment of troops from Stormark and possibly Ashkenatza and Shireroth into Batavian heartland, prompting a civil war that will have, as all wars have, disastrous outcomes;

Recalling the Instrument of Government on Territorial Integrity and Mutual Respect of Borders (13 November 2011) and the Instrument of Government on Relations with Batavia and the Conflicting Fractions in Batavia (15 November 2011);

Recalling the Trans-Elwynn Accords with the Republic of Ashkenatza (ratified 12 January 2011), the Act on Amokolia (24 January 2011), and the settlement on the territorial claims of the Republic of Ashkenatza on Amokolian territory;

While at all times emphasizing the inviolable sovereignty of Elwynn, Amokolia and Hurmu; and

Acting under the second section of the seventh article of the Consensus,

Adopts:

AN ACT AUTHORIZING THE PRINCE TO RAISE, EQUIP AND MAINTAIN ARMED FORCES

Section 1 - Authorization

1. The Senate authorizes the Prince to raise, equip and maintain armed forces in Elwynn, Amokolia and Hurmu for the defence of the Union and the promotion of peace.

2. The Senate invests in the Prince the full powers pertaining to a commander in chief.

Section 2 - Recruitment

The act of nationals joining the armed forces of the Realm shall in times of peace always be fully voluntary.

Section 3 - Limitations

The Senate reaffirms its constitutional right to declare war and authorise the deployment of armed forces abroad. It shall be an offence for the Executive Branch to seek to usurp this function.


Done at Eliria, 19 November 2011.

Economy and Trade Act

The Senate, acting under the authority of the Seventh Article of the Consensus, hereby adopts

An Act Concerning the Economy and Trade

Economic systems

1. Riqi Adurellion reaffirms its status as a signatory of the Standardised Currency and Unified Economy treaty (hereinafter "S.C.U.E."), until further notice.

2. Riqi Adurellion reaffirms its use of the systems provided under S.C.U.E. with regards to banking and other ancillary services.

Currency

3. Riqi Adurellion shall continue to use the S.C.U.E. base currency unit, and shall do so under the name of Florin, divided into ten Florinettes or one hundred Virnes.

4. Riqi Adurellion shall retain sole authority for the actual or virtual minting of Florin, Florinette and Virne coins, or the printing of equivalent promissory notes, and the respective coins shall be actually or deemed to be composed of gold, silver and bronze, as appropriate.

5. The issuance of coins and promissory notes may be further regulated by Acts of Senate as required.

6. Riqi Adurellion shall reserve the right to operate its own Treasury as required.

Trade

6. Trade may be conducted by businesses, in the form of either sole-traders, partnerships, or companies with liabilities limited by shares, at the discretion of the business founder.

7. All businesses wishing to trade in or from Riqi Adurellion must register with the Ministry responsible for trade, in accordance with any additional regulations that may be issued by the relevant Minister. The Court of the Prince shall retain those responsibilities in the event that no Minister has been appointed.

8. Companies with liabilities limited by shares may be further regulated by Acts of Senate as required.

9. Businesses trading in similar services, commodities or goods may form associations in the form of Trade Guilds, in order to further their trades.

10. Trade Guilds may be further regulated by Acts of Senate as required.

Joint-Stock Companies Act

The Senate,

acting under the seventh article of the Consensus

adopts

AN ACT REGULATING JOINT-STOCK COMPANIES

Chapter 1:

1. A joint-stock company is a private company.

2. This law applies to all joint-stock companies.

3. In a joint-stock company the owners are not personally liable for any company debt or other obligations.

4. A joint-stock company shall have share capital. The share capital shall be at least 500 florins.

5. If the share capital is divided into multiple shares, each share represents an equal part of the share capital. The stock's share of the share capital is the share's nominal value.

6. A joint-stock company is the parent company, and another legal person is a subsidiary, if the joint-stock company

a. controls more than half of the votes for all shares in the legal person,

b. owns shares in the legal person and because of a contract with other owners control more than half of the votes for all shares,

c. owns shares in the legal person and has the right to appoint or dismiss more than half of the board of directors,

d. owns shares in the legal person and has the right to exercise a decisive influence over it due to a contract with the legal person or because of a clause in the articles of association of the legal person.

7. A legal person is a subsidiary to the parent company, if another subsidiary to the parent company or the parent company together with one or several subsidiaries or several subsidiaries together

a. control more than half of the votes for all shares in the legal person,

b. own shares in the legal person and because of a contract with other owners control more than half of the votes for all shares,

c. own shares in the legal person and has the right to appoint or dismiss more than half of the board of directors,

d. own shares in the legal person and has the right to exercise a decisive influence over it due to a contract with the legal person or because of a clause in the articles of association of the legal person.

The parent company together with subsidiaries constitute a corporate group.

Chapter 2

1. A joint-stock company is founded by one or more founders. A founder shall be

a. an Adurellian physical person, or

b. a legal person founded according to law.

2. A minor, a person involved in a bankruptcy or a person who is legally barred from operating a company may not be a founder.

3. When the joint-stock company is founded, the following actions shall be taken:

a. A draft for a memorandum of association shall be formed in accordance with 4.

b. One or more of the founders shall assume all shares in the joint-stock company, in accordance with 7.

c. The shares shall be paid to the company in accordance with 11.

d. The founders shall complete, date and sign the memorandum of association.

e. The board of directors shall apply for registration in accordance with 12.

3. The joint-stock company is formed when the memorandum of association is signed by all founders.

4. In the memorandum of association the founders shall include

a. the nominal price of each share,

b. the complete name and residence of each member of the board of directors,

c. any special circumstances regarding the company, and

d. whether anyone shall receive special rights or privileges in the company.

5. The nominal price in 4 a. may not be lower than the nominal value of the share.

6. The memorandum of association shall include articles of association, drafted in accordance with Chapter 3.

7. The founders shall claim their shares in the memorandum of association and is binding on the claiming founder when all founders have signed the memorandum.

8. If shares have been claimed with conditions not included in or incompatible with the memorandum of association, such conditions shall be considered null and void.

9. No claims or challenges against the conditions in the memorandum of association may be made after the company has been registered.

10. The payment for a share may not be lower than the nominal value of the share.

11. The payment for a share shall be made within one week to the bank account of the joint-stock company.

12. The board of directors shall register the company within two weeks after the signing of the memorandum of association.

13. The company may only be registered if a. all shares have been paid by the founder or founders and the share capital corresponds to the share capital stated in the articles of association, and b. the incorporation has been conducted in accordance with law.

14. If no registration is made, the formation of the company becomes null and void.

Chapter 3:

1. The articles of association shall include

a. the legal name of the company,

b. the seat of the board of directors,

c. the object of the enterprise,

d. the share capital, either in absolute terms or given as a range with a minimum and a maximum, where the minimum may not be lower than one-fourth of the maximum,

e. the number of shares, either in absolute terms or, if the share capital is given as a range, as a range with a minimum and maximum, where the relationship between the minimum and maximum is equal to that between the minimum and maximum share capital,

f. the number of directors on the board, or a range with a minimum and a maximum,

g. how to call an Annual Meeting of Shareholders, and

h. the financial year.

2. Changes in the articles of association are made by the Meeting of Shareholders.

3. Changes in the articles of association shall be registered with the relevant authorities.

Chapter 4:

1. All shares are equal, except as prescribed in 2.

2. The articles of association may provide for different classes of shares, and must describe the nature of the difference as well as the number of each type of shares.

3. No class of shares may award more than ten times the votes as any other class of shares.

4. The articles of association may provide for the transformation of shares from one class to another.

5. The articles of association may require the consent of the company for shares to be transferred to a new owner.

6. The articles of association may provide for the right of a shareholder to buy an offered share before external buyers.

7. The articles of association may provide for the right of a shareholder to buy a share purchased by an external buyer.

8. All joint-stock companies shall keep a record of all shareholders, including the number of shares they hold.

Chapter 5:

1. The right for shareholders to control and direct the company is exercised at a Meeting of Shareholders.

2. All shareholders included in the record of shareholders have a legal right to attend the Meeting of Shareholders.

3. A shareholder may vote for all shares he or she owns, unless the articles of association provides otherwise.

4. A Meeting of Shareholders shall be held at least once per year.

5. The board of directors call meetings of shareholders, and must call all shareholders and do so at least one week prior to the meeting.

6. Decisions at meetings of shareholders are made by majority vote.

7. The chairman of the board of directors shall cause minutes to be held at meetings.

8. The board of directors must be appointed and dismissed by the Meeting of Shareholders.

9. The Meeting of Shareholders may provide for the creation of and offer of new shares, in accordance with the articles of association and other applicable laws.

10. The Meeting of Shareholders may provide for the payment of dividends per share. All shareholders must be treated equally, except as provided for by the class of share they hold.

Chapter 6:

1. The Meeting of Shareholders can decide to put the company into liquidation.

2. A decision to put the company into liquidation is valid if more than half of all votes are in favor, unless a larger majority is required in the articles of association.

3. A public court shall decide to put the company into liquidation if

a. it consistently does not comply with applicable rules and regulations issued by competent authorities,

b. it consistently cannot pay its creditors,

c. the share capital is consistently less than that required in the articles of association and the company has not rectified the situation, or

d. if the articles of association prescribe that the company shall be put into liquidation if certain conditions are met and those conditions have been met.

3. The company shall be put into forced immediate liquidation if the share capital is less than half of that proscribed in the articles of association.

4. All liquidations shall be overseen by a court appointed administrator.

5. During liquidation, any creditors shall within one week apply for compensation to the administrator. The administrator shall compensate the creditors in the following order:

a. employees,

b. public creditors,

c. suppliers,

d. other creditors,

e. stock owners

Eliria Act

The Senate of the Union

adopts

AN ACT DESIGNATING ELIRIA AS THE CAPITAL OF THE UNION

Article One: The Capital of the Union State

1.1. Eliria shall be the Capital of the Union State.

1.1.1. The Capital of the Union State is the seat of legislative, executive and judicial branches of government in the Union State.

1.2. The Act on the Capitals of the Realm is repealed.

1.3. A ceremony for the rededication of the city of Eliria as the Capital of the Union State shall be performed by the Prince.

1.3.1. The Prince shall provide the specification of this ceremony and the rites to be used therein.

Article Two: The Consolidation Process

2.1. Consolidation of the Capitals of the Realm into the Capital of the Union State shall take the form of two discrete phases, Commission and Collocation.

2.2. The Commission Phase of Consolidation shall entail

2.2.1. The appointment of a Commissioner of the Capital of the Union State, hereafter known as the Commissioner.

2.2.2. The Commissioner shall conduct an assessment of the City of Eliria to make a thorough appraisal of the capacity of the City of Eliria to host ministries and other government bodies subject to consolidation;

2.2.2.1. From Anun;

2.2.2.1.1. The Hall of Arbitration

2.2.2.1.2. The Supreme Court

2.2.2.2. From Huyenkula;

2.2.2.2.1.1. The Court of the Prince

2.2.2.2.1.2. The Hall of Conciliation

2.2.2.3. Based on that assessment the Commissioner shall identify

2.2.2.3.1. Government, Commercial and Residential property within the bounds of the City of Eliria and within a 25km radius of the City which can be purchased, leased or requisitioned to provide requisite interim infrastructure for the Ministries.

2.2.2.3.2. Land, whether in public or private ownership upon which prefabricated Modular Interim Infrastructure can be placed to provide overflow capacity for residential and office purposes.

2.2.2.3.3. Suitable locations wherein Halls for ministries and other government or public bodies subject to consolidation may be built on a scale appropriate to the Union State.

2.2.2.4. Based on identified requirements the Commissioner shall

2.2.2.4.1. Be empowered to commission such maps, schematic designs, architectural drawings as he may deem appropriate.

2.2.2.4.2. Liaise with the Ministry of State for Home Affairs for compensatory arrangements based on the principle of compulsory purchasing in regards to 2.2.2.3.1., 2.2.2.3.2. and 2.2.2.3.3. where contractual arrangements have been declined by parties holding ownership rights where those rights are contrary to the requirements identified by the Commissioner.

2.2.2.4.3. Commission and Supervise public works that

2.2.2.4.3.1. Improves the inherent utility of purchased, leased or requisitioned properties.

2.2.2.4.3.2. Installs required Modular Interim Infrastructure.

2.2.2.4.3.3. Builds new Halls for ministries and other government or public bodies subject to consolidation.

2.2.2.4.3.4. Provides transportation, sewerage, water, gas, electricity and or any other necessary form of utility to the public works cited at 2.2.2.4.3.1., 2.2.2.4.3.2. and 2.2.2.4.3.2.

2.2.2.4.4. Liaise with the Ministry of State for Home Affairs to ensure that the representation of institutions identified as being part of the Consolidation Process on all relevant government IT infrastructure including services obtained through the Bastion Union are updated to reflect the actuality of the Consolidation Process.

2.2.2.4.5. Draft, validate and issue letters of credit denominated in Florins redeemable against notional goods and services within the gift of the Union State that shall be deemed to constitute payment with regards to contractual arrangements, requisitions, compensation and compulsory purchases.

2.2.3. The Consolidation Phase shall be complete when the Commissioner announces that sufficient infrastructure is in place to permit the commencement of Collocation.

2.2.3.1. Sufficient infrastructure need not be defined as being immediately adequate.

2.2.3.2. Consolidation work continued into the Collocation Phase shall be deemed remedial and responsibility for said work shall be transferred to the appropriate government ministry or public body for whom the work is intended.

2.2.4. Upon completion of the Consolidation Phase the Commissioner shall resign his powers received under this act.

2.3. The Collocation Phase shall begin with the conclusion of the Consolidation Phase.

2.3.1. Within forty-eight (48) hours of the conclusion of the Consolidation Phase the Ministers of State for those ministries and other government bodies subject to consolidation shall complete the collocation, which is the direct transfer, of their person and their immediate secretarial staff from the Capitals of the Realm that are to be vacated to the Capital of the Union State.

2.3.2. Within thirty (30) days all remaining direct service delivery, administrative and support functions of the ministries and public bodies shall have completed collocation to the Capital of the Union State.

2.3.3. Any Minister of State whose ministry or affiliated and or subordinate public body has failed to complete Collocation within the mandated time may be called before the Senate and commanded to account for his conduct.

2.3.4. Ministers of State shall be responsible for the incentivisation of staff undergoing Collocation in their areas of responsibility. Incentivisation may take the form of letters of credit disbursing additional funds amounting to discretionary financial support packages for staff, gestures of grace and favour towards staff and the instilling of an appropriate work ethic that regards change as an opportunity rather than a threat.

2.3.5. Staff who decline the opportunity of Collocation shall be assigned meaningful work conducive to the public good in the former Capitals of the Realm however this may be of a different nature, at a lower grade and salary than was previously enjoyed.

Article Three: Definitions and Interpretations

3.1. Wherever an action or item is stated as being required but is not defined within the context of the clause of the article in which it has been stated or if there is perceived to be an ambiguity as regards to the meaning of the required action or item then in the first instance clarification must be sought by written application to the Commissioner whose response shall be taken as definitive with regards to the particular point.

3.2. The Commissioner may instruct the communicant to consider that there is an evident meaning which ought to be grasped and readily understood.

3.2.1. Mild chastisement may be used to deter vexatious questioning providing that it does not violate the rights of the chastised as guaranteed under law.

3.3. Should the response of the Commissioner be deemed insufficient for the clarification of the particular point then guidance from the Ministry of State for the Union must be sought.

3.4. Further application for guidance as to definitions and interpretations may be taken to the Court of the Prince wherein a rescript responding to the specific question posed may be deemed the final definitive answer.

Flags, Emblems and Protocol Act

ACT OF SENATE

ON

FLAGS, EMBLEMS AND ORDERS OF THE UNION

Adopted by the Senate on [...]

Chapter 1: Flags and Banners

Section A: Flag of the Elwynnese Nation

1. The flag of the Elwynnese nation remains the flag as depicted in accordance with the picture below:

http://bastionunion.org/forum/download/file.php?id=187

2. It shall be the right of any Elwynnese to fly the national flag in a manner of respect.

3. The version of the national flag, as employed by the feudal authorities in eastern Elwynn, shall not be flown on Elwynnese territory under any circumstances. It shall be an offence to do so, liable to fine of no more than 1 000 florins or, for foreigners, exile for no more than two months.

4. The Prince is authorized to issue regulations under this Act on the usage of the Elwynnese national flag.

Section B: Flag of the Union and the Government

1. The flag of the Elwynnese Union shall be depicted in accordance with the picture below:

http://bastionunion.org/forum/download/file.php?id=186

2. It shall be encouraged for all Elwynnese to employ the flag with respect wherever they are. The government, its branches and authorities, including foreign legations, shall at all times fly the flag.

3. The Prince is authorized to issue regulations under this Act on the usage of the flag of the Elwynnese Union and its government.

Section C: Flags of the Union Territories

1. The flags of the union territories shall be defined and protected in the territories by the authorities in the union territories.

2. The Prince is authorized to issue regulations on the flying of union territory flags outside the union territories.

Chapter 2: Emblem of Elwynn

1. The union emblem of Elwynn shall be depicted as on the picture below:

http://i33.photobucket.com/albums/d93/Khan95/Alondor.png

2. Unless necessary (as determined by the Prince), only the Court of the Prince, the Senate and the Court of Justice shall be authorized to employ the emblem on documents, communications, signs and other forms thereto connected.

3. It shall be an offence for anyone to employ the union emblem without authorization under this Act. A person who commits the offence is liable to a fine of no more than 1000 florins or, if a foreigner, exile from the union for no more than two months.

Chapter 3: Protocol and Orders

Section A: Flag Protocol

1. The flag of the Elwynnese Union shall be awarded the highest respect. Is there only one flag pole, no flag other than the union flag may be flown. Are there two flag poles or more, the order of precedence shall be first, the union flag, second, the national flag, third, any foreign flag, fourth, flags of the union territories in alphabetic order, fifth, flags of counties in alphabetic order, sixth, any other flag.

2. The Prince is authorized to issue regulations on flag protocol.

Section B: Orders of Elwynn

1. The Prince appoints the members of the Order of the Dead Stag and the Order of the Silver Orchid.

2. The Order of the Dead Stag shall be awarded to Elwynnese citizens for outstanding deeds in culture, media and sport.

3. The Order of the Silver Orchid shall be awarded to Elwynnese citizens for outstanding deeds in governance, law and services to the Union.

4. It shall be permissible for the Prince to induct foreigners into an honorary membership in the Order of the Silver Orchid in governance, law and services to the Union, provided that no more than one foreigner per princely term shall be permitted to be awarded honorary membership in the Order.

5. The Prince is authorized to issue regulations on the Order of the Dead Stag and the Order of the Silver Orchid.


Princely and Noble Titles Act

ACT OF SENATE ON

THE TITLES OF THE PRINCE AND TITLES OF NOBILITY

Adopted by the Senate on [...]

Act

1. The Prince shall have the style of Serene Highness. Former princes shall be awarded the courtesy title Aruêr Adurellion (Elder of Elwynn)

2. There shall be no system of nobility or royalty recognized in Elwynn, except that foreign diplomats of noble or royal dignity shall be authorized to employ those titles and styles thereto pertaining.

Maritime Sovereignty Act

Act of the Senate

ON

MARITIME JURISDICTION AND SOVEREIGNTY

Section 1

The maritime jurisdiction and sovereignty of the Union shall extend as far as possible as permitted under the Convention of the Micras Treaty Organization on the Law of the Seas ("Convention").

Section 2

Any proposal, regardless of its origin, to amend the Convention must be approved by the Senate before binding the Union. If the Convention is amended without the Senate's approval, the Senate shall be authorized to resolve to hold the Convention unenforceable within the Union.

Section 3

Any claims on the maritime jurisdiction and sovereignty that cannot be solved through dialogue or Act of the Senate shall be determined by the Court of Justice.

Done at Eliria [date]

Elwynnese Nationality Act

Act of the Senate

ON

ELWYNNESE NATIONALITY

adopted by the Senate and entered into the public record by the President on 21st Gevraderr, 11DA

CHAPTER 1: THE NATIONALITY

Section 1: one nationality

1. There is only one nationality in the Union, the Elwynnese nationality. All Elwynnese nationals have the same rights afforded them under the Charter and law. Within the law of the Union, Elwynnese nationals shall in all cases be recognized as Elwynnese nationals and as Elwynnese nationals alone.

2. Nothing in this Act shall be construed to prohibit any Elwynnese national to take on nationality or citizenship of any other country, or in any other country, use that nationality or citizenship.

Section 2: union territory citizenship

It shall be lawful for a union territory to refer Elwynnese nationals lawfully resident in that territory as citizens of that union territory. No discrimination between citizen and non-citizen Elwynnese nationals in a union territory shall ever be permitted.

CHAPTER 2: THE NATIONAL

Section 3: recognition

A person has his or her Elwynnese nationality recognized by:

a) right of claim,

b) conferment by law, or

c) naturalization

Section 4: right of claim

Any person who has been a subject in good standing of Elwynnese law, as well as the law of any of the union territories, may claim Elwynnese nationality if he or she can make certain that he or she has been a subject in good standing of Elwynnese (or union territory) law. Such claim shall be directed to the Court of the Prince who shall approve or disprove the claim. The claimant may appeal any decision on this matter of the Court of the Prince to the Senate which shall hear the claim.

Section 5: conferment by law

The Senate may confer, by ways of enactment, Elwynnese nationality on persons, either individually or en masse. Conferment may also be applied on entire populations.

Section 6: naturalization

Any person may apply to the Court of the Prince for naturalization. Such application shall include what the Court of the Prince finds necessary to process it. The act of naturalization is effected by a recorded decision by the Court of the Prince.

Section 7: renunciation

Any Elwynnese national may in a public sworn statement to the Court of the Prince or the Senate renounce his or her Elwynnese nationality. Such statement shall unequivocally include renunciation and the knowledge that nationality will be lost. Renunciation is in effect upon receipt from an officer of the Court of the Prince, or in the case of the Senate, a presiding officer.

CHAPTER 3: TRANSITORY PROVISIONS

Section 8: no nationality lost

No Elwynnese nationality shall be lost by the coming into force of this Act. Nor shall any claim to Elwynnese nationality under previous law be restricted by the coming into force of this Act.

Section 10 (9): references to Court of the Prince

In this Act, any reference to the Court of the Prince shall include the Prince or any person in the Court of the Prince with delegation to perform the Prince's tasks in matters relevant to this Act.

Section 10: repeals

The Act on the Nationality within the Union (of 7 February 2012 and as subsequently amended) shall be repealed.