Charter of the Iranian Union of Film-Making Guilds
Chapter One: Definition
Article 1. The House of Cinema is an independent, non-governmental and
non-profit institute, comprising the film art and industry guilds of the Islamic
Republic of Iran known as the Union of Film-Making Guilds founded for an
unlimited period on the basis of the present charter and operating under the
Ministry of Culture and Islamic Guidance.
Article 2. The House of Cinema is stationed at No. 23, Semnan Alley, South Bahar
Street, Tehran, Iran.
Article 3. the House of Cinema has been created for the purpose of safeguarding
the material and spiritual interests of people engaged in the production,
distribution and exhibition of the cinematic artistic and industrial products
through provision of job security, and aiding in artistic, research and
educational activities with the aim of upgrading the professional knowledge of
its members.
Chapter Two: Duties
Article 4.
The House of Cinema’s duties include:
1. Providing for job security.
2. Helping in the creation of welfare facilities for its members through
provision of social securities, medical services creation of consumer and
housing cooperatives and funds and other relevant services.
3. Participation in all trade councils and research centers and making relevant
decisions related to film production, distribution and exhibition in cooperation
with the relevant trade guilds.
4. Conducting research and offering suggestions to the relevant organizations
for the establishment of professional standards in film production, distribution
and exhibition in the country.
5. Studying and approving professional film-making standards that are proposed
by film trade guilds or research groups and obtaining the confirmation of the
relevant authorities whenever necessary.
6. Creating and expanding up-to-date information on the sources, creators and
film production in the country and establishing relationships with similar
information banks in the world.
7. Encouraging and supporting creative and significant endeavors by film-makers
in the production, distribution and exhibition of films, and conducting research
and carrying out training programs for the purpose of promoting film art and
industry.
8. Safeguarding the cultural and artistic reputation of film-makers for the
purpose of ensuring their professional prestige.
9. Investing and participating in cultural and economic projects and activities
through creation of institutes and companies affiliated to the House of Cinema
for the purpose of strengthening the financial position of the House of Cinema,
provided such efforts do not duplicate the activities of the trade guilds.
10. Providing suitable grounds for prevention and minimization of professional
disputes through creation of suitable regulations and preparing standard norms
for contracts.
11. Creation and strengthening of arbitration bodies for the purpose of
processing disputes and legal cases and the formation of trade groups on the
basis of contracts among members and other parties to the contracts on
film-making activities in accordance with the relevant regulations and ensuring
the execution of the legal verdicts.
12. Creating representative bureaus, branches of the House of Cinema, as well as
related cultural, educational and research institutes, and organizing sessions,
seminars and publishing cultural books and periodicals.
Chapter Three: Membership
Article 5
Members of the House of Cinema include independent trade guilds in the various
sectors of film production, distribution and exhibition.
Note: Trade guilds comprise groups of people engaged in the different
professions related to the film production, distribution and exhibition of films
in Iran which have been formed for the purpose of safeguarding the legal rights
and common interests of their members.
Article 6
Membership of the trade guilds in the House of Cinema is dependent on their
acceptance of the terms of the charter of the House of Cinema and its related
regulations and the adaptation of the guilds’ charters with the terms of the
charter of the House of Cinema and payment of membership fees. This does not
negate the specialized independence of the member trade guilds.
Note: Requests for membership of new guilds coupled with the reports of the
boards of directors in this connection will be tabled at the first general
assembly for proper decision.
Article 7
No trade guild may represent two different professions.
Article 8
In each film-making profession only one guild may be accepted as a member in the
House of Cinema.
Article 9
Members of trade guilds who engage in different film-making professions may be
accepted as principal (main) members in only one guild, with the option to enter
other guilds as secondary (affiliated) members in other guilds.
Note: Acceptance, suspension and cancellation of membership of guild members is
subject to the terms of the various guilds’ charters that have been approved by
the guilds and confirmed by the board of directors of the House of Cinema.
Article 10
The House of Cinema’s member trade guilds may accept honorary members in
accordance with their charters.
Note: Member trade guilds may not introduce their honorary members for posts of
arbitration, specialized councils or the general assemblies of the House of
Cinema.
Article 11
The general terms for the acceptance of members of the House of Cinema’s member
trade guilds include:
1. Iranian nationality.
2. Being engaged in the profession related to the concerned guild.
3. Absence of unexecuted and definite convictions issued by the House of
Cinema’s arbitration bodies.
4. Not having previous judicial convictions within the framework of the Islamic
penal codes.
Chapter Four
Article 12
The principal constituent bodies of the House of Cinema are:
1. Board of the Founders.
2. General Assembly.
3. Board of Directors.
4. Inspector.
Article 13
Members of the board of founders, comprising seyyed Fakhreddin Anvar, seyyed
Mohammad Beheshti and Mohammad Mahdi Heidarian, were assigned with the duties of
carrying out the legal activities for preparing and getting approved the
charter, appointing the members of the first board of directors and the
determining the criteria and terms for the acceptance of members, and the
cancellation or temporary suspension of membership, and was disbanded after the
execution of the above duties.
Article 14
The General Assembly, comprising official representatives from the House of
Cinema’s member trade guilds, is the highest decision making body.
Note: Important topics discussed and approved by different sessions of the
assembly must be recorded in the assembly’s special record-book and signed by
members of the board of directors in each session.
Article 15
The central councils of the member guilds are required to introduce in writing
two associate members, respectively, as the main and deputy representatives to
the board of directors of the House of Cinema for attendance in the general
assemblies.
Note 1: Representatives of the member guilds in the sessions of the general
assembly possess only one vote which will be announced by the associate members,
or in their absence, by deputy members, and may not be transferred to a third
party.
Note 2: Representatives of the member guilds in sessions of the general assembly
must have been guild members for at least one year.
Note 3: Representatives of member guilds in sessions of the general assembly
must have been members of the guilds’ central council or inspection.
Note 4: Representatives of member guilds in sessions of the general assembly
must not have unexecuted convictions issued by arbitration bodies of the House
of Cinema.
Article 16
The House of Cinema’s general assembly will have ordinary and extraordinary
sessions.
Article 17
The Normal sessions of the general assembly will be held once every year and
will include representatives from the member guilds.
Note: In case of need the normal sessions of the general assembly may be formed
as extraordinary sessions in accordance with the rules governing normal
sessions.
Article 18
The normal sessions of the general assembly will be held on the invitation of
the board of directors or the inspector or on the request of the majority (half
plus one) of the members of the House of Cinema.
Note: The Written invitations of the general assembly, including the session
agenda, the date and place of the session together with the annual financial and
operation report coupled with the comments of the inspector, must be mailed to
all member guilds at least 15 days before the date of session and must also
published in one of the country’s top circulation newspapers.
Article 19
Sessions of the general assembly will have a quorum with the attendance of two
thirds of the members. If no quorum is reached on the first occasion, a second
session will be held at most 15 days later with an absolute majority and in
keeping with the terms specified in note 2 of Article 17.
Article 20
The general assembly of the House of Cinema shall have the following powers and
duties:
1. Examining the financial and operation reports of the board of directors and
the inspector.
2. Appointing members of the board of directors in accordance with the terms of
article 25 and its notes, appointing the inspector in accordance with the terms
of articles 40 and 41 and the related notes.
3. Discharging the board of directors and the inspector in accordance with note
2 of article 20.
4. Surveying and approving regulations of the arbitration bodies of the House of
Cinema.
5. Approving salaries for the board of directors and the inspector.
6. Approving membership of new guilds and terminating membership of the existing
member guilds.
7. Selecting a newspaper for the publication of ads.
8. Examining and approving the formation of institutes and companies affiliated
with the House of Cinema.
9. Examining and approving other proposals within the framework of powers of the
general assembly of the House of Cinema.
Article 21
The approvals of sessions of the general assembly will be valid with the
absolute majority of votes by members attending the sessions.
Note 1: Selection of members of the board of directors and the inspector will be
valid with the relative majority of votes.
Note 2: Proposals for discharging members of the board of directors and the
inspector (subject of note 3 of article 19) will need three fourths of votes by
members attending the session.
Article 22
Extraordinary sessions of the general assembly may be formed on any date during
the year on the request of the absolute majority of the board of directors or
the inspector or two thirds of the assembly with the related agenda.
Article 23
Sessions of the general assembly will have a quorum with the attendance of ¾ of
members.
Article 24
The duties and powers of the extraordinary sessions of the House of Cinema’s
general assembly (apart from those specified in article 19 of the present
charter) will include:
1. Examining and approving changes in the charter and submitting them to the
country’s general cultural council.
2. Examining the proposal to disband the House of Cinema, and in case of
approval, approving the liquidation manager for the purpose of acquiring the
necessary authorizations.
3. Examining and approving sources of income for the House of Cinema.
Article 25
Decisions reached at the extraordinary sessions of the general assembly will be
valid with the consenting votes by two thirds of representatives attending the
session.
Note: The proposal for disbanding the House of Cinema will be approved with the
consenting votes by 4/5 of the representatives attending the session.
Chapter Five: Board of Directors
Article 26
The board of directors will include seven permanent members and two deputy
members selected from among representatives of the member guilds of the House of
Cinema.
Note 1: The legal terms of operation of the board of directors shall be two
years, and the reappointment of members in subsequent terms is permissible.
Note 2: The existing board of directors will be responsible for the execution of
the current affairs of the House of Cinema, pending the appointment of a new
board of directors.
Article 27
In case of death, resignation or unauthorized absence of the permanent members,
the deputy members will replace them with priority of greater obtained votes.
Note 1: Unauthorized absences include:
1. Absence in five consecutive sessions held within less than two months.
2. Absence in eight non-consecutive official sessions held during one year.
Note 2: Resignation of one or more members of the board of directors must be
recorded in the secretariat of the board of directors and a copy must be sent
for the inspector. The board of directors shall announce its decision regarding
the resignation at the first session which must be held no later than 15 days
with the presence of the inspector.
Article 28
In case of reduction of the number of the (permanent and deputy) members of the
board of directors to less than 7 members for any of the reasons indicated in
article 26, an extraordinary session of the general assembly shall be held to
appoint a new board of directors.
Article 29
In case of reduction of the number of the board of directors to less than 9
members, at the first session of the general assembly new members from among
representatives of member guilds that are not represented in the board of
directors or do not function as inspector, will be appointed.
Article 30
Appointed members of the board of directors may not simultaneously be members of
the central councils of their respective guilds.
Article 31
The board of directors shall appoint the chairman, vice-chairman, secretary and
speaker from among themselves at their first session and in any case no later
than one month from the date of their appointment.
Note: The Chairman of the board of directors of the House of Cinema may not
simultaneously hold a government managerial post related to film industry.
Article 32
Sessions of the board of directors will reach a quorum with the presence of four
permanent members, and its decisions will be valid with at least four votes.
Article 33
Sessions of the board of directors will be held on a monthly basis at the
invitation of the chairman of the board.
Note 1: Process verbal will be prepared for all sessions of the board of
directors which will be signed by the board’s secretariat and its approvals will
be notified by the chairman or vice-chairman, with a copy to be sent to the
inspector.
Note 2: Extraordinary sessions will be held at the request of at least three
members of the board of directors or at the request of the managing director,
citing an agenda.
Note 3: In the absence of the chairman or vice-chairman at the extraordinary
sessions, the top senior member will hold the session, sign and notify the
session’s decisions.
Article 34
Powers and Duties of the Board of Directors
1. The board of directors shall inform members of the House of Cinema of its
objectives and general policies by any suitable means and ensure that the said
policies are constantly evaluated through interaction with the members.
2. The board of directors shall take suitable measure for the appointment of the
House of Cinema’s managing director within two months.
3. Examining and approving the execution of projects and programs related to the
objectives of the House of Cinema and the required budgets.
4. Providing for the examination, approval and notification of all executive and
managerial systems, organizational set-ups, job descriptions and the necessary
regulations for implementation of the charter of the House of Cinema.
5. Processing the membership requests of new trade guilds within the framework
of the charter of the House of Cinema notifying its views to the general
assembly for the final approval.
6. Appointing and discharging the managing director of the House of Cinema,
accepting or rejecting his resignation.
7. Examining and commenting on the periodical operation reports of the managing
director.
8. Preparing balance sheets and operation reports of the board of directors and
sending them along with the inspector’s report to the member trade guilds at
least 15 days before the convention of the ordinary session of the general
assembly.
9. Establishing or disbanding branches of the House of Cinema inside the country
and abroad.
10. Taking decision on joining or participating in local and international
gatherings.
11. Appointing and introducing members who are authorized to sign legal and
financial documents.
12. Introducing members of the House of Cinema for participation and attendance
in all councils, research centers, and taking decisions on matters relating to
the production, distribution and exhibition of films in constant and effective
cooperation and consultation with the relevant trade guilds.
13. Determining the salaries of the managing director, members of the board of
directors and the councils selected by the general assembly or the board of
directors as well as the extra financial rewards for the chairman of the board
of directors.
14. Proposing salaries for the inspector and members of the board of directors
for approval by the general assembly.
15. Proposing cancellation of membership of the members, citing the relevant
reasons, to the general assembly.
16. Suspension or ending the suspension of memberships.
Note: In case of the non-observance of the member trade guilds of the terms and
objectives and duties determined by the charter and the regulations of the House
of Cinema, the board of directors may suspend the membership of the offending
trade guild (in accordance with the regulations approved by the general
assembly) until the next session of the general assembly and send the relevant
report together with the report of the inspector to the general assembly.
17. Taking necessary measures to safeguard the material and spiritual rights
members of the different trade guilds in the production, distribution and
exhibition, particularly preparing pattern contracts.
18. Taking necessary measures to ensure correct elections and operations of the
trade guilds in accordance with the charter and regulations of the concerned
trade guilds.
19. Creating specialized committees for the purpose of facilitating the
execution of the decisions and realization of the charter and regulations
approved by the House of Cinema.
Article 35
Upon the alteration of the board of directors of the House of Cinema in
accordance with the terms of this charter, the board of directors shall submit
all legal and financial documents to the new board of directors.
Article 36
The powers and duties of the chairman of the board of directors include:
1. Inviting members to sessions of the board of directors and notifying the
inspector.
2. Organizing and managing sessions of the board of directors.
3. Signing and notifying the correspondence and decisions of the board of
directors.
4. Following up and supervising the execution of decisions by the board of
directors and reporting to the board of directors.
5. Sending invitations for attendance in, and managing, sessions of the “council
of protection”.
6. Preparing legal cases related to arbitration bodies of the House of Cinema
and submitting them to the jury of the House of Cinema for examination and the
issuance of suitable verdicts.
7. Attending sessions related to the film industry as the representative of the
board of directors, for the purpose of ensuring the realization of the
objectives of the House of Cinema and submitting the relevant report to the
board of directors.
8. The chairman of the board of directors may transfer, with the approval of the
board of directors, part of his powers to the managing director, citing a time
limit.
Chapter Six: Managing Director
Article 37
The managing director of the House of Cinema is the highest executive official,
selected from among members of the board of directors or from outside with at
least 5 positive votes of the board of directors.
Note 1: The managing director's appointment terminates with the expiry of the
current board of directors.
Note 2: The re- appointment of the managing director is permissible.
Article 38
Duties and Powers of the Managing Director:
1. Signing employment contracts of the man power need for the execution of the
House of Cinema's current administrative, cultural and financial affairs within
the framework of the decisions of the board of directors.
2. Proposing projects, plans and executive regulations compatible with the
objectives of the trade guilds for approval to the board of directors.
3. Appointing and discharging managers for the executive departments of the
House of Cinema.
4. Concluding contracts with real or legal persons within the decisions of the
board of directors.
5. Signing all kinds of legal and financial documents in accordance with
paragraph 11 of article 34.
6. Preparing monthly reports on current affairs and balance sheets at the end of
financial terms and submitting them to the board of directors.
7. Representing the House of Cinema at judicial offices and employing lawyers to
file penal and financial cases against any real or legal person and the trade
guilds of the House of Cinema, defending the House of Cinema in cases filed
against it.
8. The managing director may transfer, with the approval of the board of
directors, parts of his powers to managers under his jurisdiction.
Article 39
At the expiry of the managing director's term of appointment he may continue to
carry out his suites, with the consenting view of the board of directors, until
the appointment of the new managing director.
Chapter Seven: Inspector
Article 40
The general assembly shall appoint an inspector and a deputy inspector for a
period of one year.
Note: The inspector may be re-appointed at the end of his term.
Article 41
Qualifications for candidate inspectors introduced to the general assembly:
1. Qualifications specified in articles 11 and 15 and notes to article 15.
2. Being at least 40 years of age.
Article 42
The inspector at the House of Cinema may not simultaneously function as
inspector or director of the central council of his trade guild.
Article 43
Powers and Duties of the Inspection:
1. Examining the adaptability of the board of directors' decisions with the
terms of the House of Cinema's charter.
2. Examining all books, files and documents and contracts of the House of Cinema
with authorization from the chairman of the board of directors.
3. Attending sessions of the board of directors without having the right of
vote.
4. Supervising the financial operations and submitting report on the operation
and financial reports of the board of directors to sessions of the general
assembly.
5. Offering oral and written reminders on the basis of the terms of the charter
and the House of Cinema’s approved regulations to the board of directors on
suitable occasions.
Article 44
In case of the death or resignation of the main inspector the deputy inspector
shall take over his duties.
Note 1: The inspector’s written resignation should be recorded at the House of
Cinema’s secretariat and notified to the board of directors and the deputy
inspector.
Note 2: In case the deputy inspector fails to assume his duties within one month
or announces his resignation, the board of directors shall arrange for the
session of the general assembly for the purpose of appointing inspectors.
Note 3: Members of a trade guild may not simultaneously function as the
inspector and member of the House of Cinema’s board of directors.
Note 4: The House of Cinema’s inspector may not simultaneously hold managerial
positions in government offices related to the film industry.
Chapter Eight: Arbitration
Article 45
The House of Cinema’s arbitration bodies will be formed in accordance with the
judicial regulations for the purpose of processing disputes and cases among
members of the House of Cinema’s trade guilds or other real or legal persons,
provided the disputes are related to their film-making activities.
Article 46
The House of Cinema’s arbitration bodies include:
1. High Judicial Council
2. Board of Jurors
Article 47
The high judicial council, as the highest arbitration body of the House of
Cinema, comprises selected members from the trade guilds.
Article 48
Boards of jurors are appointed by the high judicial council in accordance with
the regulations approved by the general assembly for the purpose of examining
and ruling on disputes.
Article 49
Any objections to the rulings of the boards of jurors will be examined by the
high judicial council which is authorized to pass the final verdict.
Article 50
The rulings of the arbitration bodies of the House of Cinema shall be observed
by all member trade guilds and their members.
Article 51
In case any person commits actions that are detrimental to the cultural and
artistic reputation of the film art in the country, the House of Cinema’s
Protection Council may be formed by the board of directors at the request of the
chairman of the board of directors who will act as the council’s president to
examine the case and pass a suitable verdict. The protection council comprises:
1. Chairman of the board of directors
2. President of the high judicial council
3. Three reputable and reliable figures selected by the board of directors from
among the Iranian film-makers and artists.
4. A lawyer cognizant of the film-making problems, selected by the House of
Cinema’s board of directors, keeping in mind the nature of the case.
5. The representative of the Ministry of Culture and Islamic Guidance.
Chapter Nine: House of Cinema’s Financial Affairs
Article 52
The House of Cinema’s financial year is the Iranian solar year, starting on
March 21 of the Christian calendar in each year and ending on March 20 of the
following year.
Article 53
House of Cinema’s Financial Supervisor
The financial supervisor of the House of Cinema is appointed by the Ministry of
Culture and Islamic Guidance. The financial supervisor may only report his views
on the execution of the financial affairs to the Ministry of Culture and Islamic
Guidance or to the board of directors of the House of Cinema.
Article 54
The House of Cinema’s financial sources include:
1. Membership fees determined in accordance with the regulations approved by the
board of directors and received from the member guilds.
2. Financial supports received from the Ministry of Culture and Islamic
Guidance.
3. Financial supports received from public or private organizations, legal and
real persons, provided the House of Cinema’s independence is not compromised.
4. Income obtained from the operations of the House of Cinema or its subsidiary
institutes and unforeseen revenues.
Chapter Ten: Other Regulations
Article 55
In case of dissolution of the House of Cinema and after the due liquidation
procedures, all its properties and assets shall be turned over to the Ministry
of Culture and Islamic Guidance with the approval of the extraordinary session
of the general assembly.
Article 56
The present charter, including 56 articles and 30 notes, has been approved by
the House of Cinema’s general assembly at their session on June 9, 2008.
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