Transition Time - Dealing with Legal Duties Training

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How to deal with Legal issues during transition moments, in order to assure the sustainability during the whole term but also long term, in and out AIESEC...........................................................................................................................................................................................................................................................................................................

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Slide 1 : Transition Times: “Dealing with Legal AIESEC Duties”

Slide 2 : Agenda: 0. Intro and Objectives 1. Why Legal in AIESEC? Breaking the Myths 2. Legal issues that an AIESEC entity needs to fulfill 2.1. Internal minimum requires 2.2. External accountability (Government) 3. Doing our Legal Checklist 4. Some GCPs according Global Legal Survey 5. Let’s share tips

Slide 3 : Eliana Sanchez Velez, Ecuador, 24 years Bachelor of Sciences in Education Technician in Accounting 4 Years of AIESEC Experience: Chair of GST Sustainable Operations Unit Member of GST Exchange Management Unit MCVP Finance & Legal and ICX Local Committee President NST of Talent Management LCVP Finance and Exchange Management LCVP Talent Management OCVP Logistics and Fundraising on NATCO 0. Intro

Slide 4 : Objectives: 1. Demonstrate why legal is an special important issue during transition term.   2. Show and explain what an AIESEC entity must fulfill in the beginning of a term to assure the sustainability.   3. Provide a guide and checklist of TO DOs for the legality of the new terms. 4. Share GCPs about legal management.

Slide 5 : 1.Why Legal in AIESEC? Legal=Sustainable Legal means to work according to law, not in violation of law, or anything related to the law.

Slide 6 : Is Legal just a Financers’ Affair? Breaking the myths Myth 1: I am MCVP Finance, not legal, I think MCP should do legal matters=FALSE, VPs Finance are automatically VPs Legal too, the correlation of both areas is unique, Finances needs to be Legal, Finances look for sustainability, legalities too. Finance and legal are part of the administrative function. Myth 2: My functional area is not related at all to legal= FALSE, every area in AIESEC is connected to legality, even TM, i.e. data protection.

Slide 7 : Breaking the myths Myth 3: I cannot be VP Legal too, because I would need academic background to do a good job= FALSE, it’s true that academic knowledge could be an advantage, but is not a mandatory, everything can be learnt and if you cannot do it alone, so look for help! you should always contact a lawyer to support you (BOA, Alumni, friends, etc.) Myth 4: It’s not my fault if we are not legally registered, I am just VP X, that’s a VP F&L issue= FALSE, legal duties can be supported by the VPs according with the connection with the functional areas. =Legal is not only an affair for VPs F

Slide 8 : More myths?... Myth 5:  "We are AIESEC, we should not pay VAT/taxes". Answer: NOT NECESSARILY, it depends on how the Government of that country considers the AIESEC activities or if AIESEC has a specific written understanding with the Authorities =Legal is not only an affair for VPs F

Slide 9 : 2. Legal issues that an AIESEC entity needs to fulfill 2.1. Internal minimum requires It’s true that our Legal duties can vary according the Cys, but also it is true that according our AIESEC activities, exist certain requirement that we minimum must achieve to have a legality which can be considered as Healthy and sustainable! Resource to keep in mind: Global Membership Criteria

Slide 10 : Brainstorm!: Requirements to be legal inside AIESEC!

Slide 11 : 2. Legal issues that an AIESEC entity needs to fulfill 2.2. External accountability (Government) Our relationship with Governments and all the related to it, should be treated the best way possible, it depends our long term sustainability and the maintenance of our core activities and programs inside our countries. Resources to keep in mind: Laws about exchanges,: visas, taxes, registrations.

Slide 12 : Brainstorm 2!: Requirements to be legal outside AIESEC!

Slide 13 : 3. Doing our Legal Checklist About legal issues, the Follow-up plays a crucial role! If we miss a DDL very probably the consequences will appear very soon and without a very easy solution. So… let’s do our Legal Checklist! Use a simple graph to make the duties clear, remember distribute certain responsibilities to your mates. Make it visible to all the MC/EB Use all the reminders possible: Google calendar adding reminders and sharing with your mates, cell-phone alarms…

Slide 14 : Example of a Graph

Slide 15 : Support inside AIESEC Your MC/EB mates AIVP F: Current Malina Ciolpan malinac@ai.aiesec.org, Elected Rolf Schmachtenberg rolfs@ai.aiesec.org GST SOU: finance@ai.aiesec.org , Legal Manager: nitin@aiesec.dk Global Legal and Governance Subcommittee Chair: Corinne Binkert corinne.binkert@aiesec.ch (MCP of Switzerland) Global Membership Subcommittee: membership@ai.aiesec.org Internal Auditors: Francisco Seyler francisco.seyler@gmail.com and Felipe Cardenas felipe.cardenasg@gmail.com Mates around the network, use MCVPs F Group and/or the database

Slide 16 : 4. Some GCPs according Global Legal Survey Cys with AIESEC Visa in Inmigration: Denmark – they are mentioned in the visa application forms Oman – they could use a specific visa which was set up for collages Sri Lanka – has an AIESEC Sponsored Visa process UK - can issue their own visa If you need more help regarding income tax try to follow these country practices:Argentina, Ecuador, Hong Kong, Indonesia (yearly organization income tax), Mainland of China, Norway, Singapore, Spain

Slide 17 : Cys with Exchange Program Registration: Afghanistan: A confirmation from the ministry of justice, the ministry of higher education and the ministry of foreign affairs exists.  Botswana: The exchange program is registered at the national immigration office.  Bulgaria: The exchange program is registered at the Ministry of Labour and Social Policies.  Ecuador: The exchange program is registered at the Ministry of Foreign Affairs. Germany: The exchange program is registered at the German authority for working permits. This way it is possible to get working visa for the interns faster and with less bureaucracy. Pakistan: AIESEC is registered as association that has right to run exchange program (memorandum of association), and exchange partners are registered with SECP. (Securities and Exchange Commission of Pakistan) Source: Global Legal & Compliance Support Wiki

Slide 18 : 8. Let’s share tips Find all the support you can Capitalize on Alumni network, for guidance and also for accountability. Lawyers are our friends at the time to look for effective solutions, but is better if the lawyer is an Alumnus or one recommended by an Alumnus. When you consider you are facing a legal problem, don’t go first to the office/department/minister concerning, look for a lawyer for guidance. Every legal problem has a solution, some solutions can be hard to achieve, but REMEMBER that non look to solve problems NEVER is a solution, that is illegality.

Slide 19 : Thanks for your very kind participation! For further support don’t hesitate to contact us! SOU: finance@ai.aiesec.org For Legal support: "Beate Twellmeyer" , "Nitin Mehta" , "Jean Paul Kenmoe " , "Jozsef Varga" . Personal: eliana.sanchez@aiesec.net Keep in touch!!!

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