A member is a person who belongs to a council or to the direction of an organism. It has a voice and vote, that is, it has decision-making power in the deliberations carried out in it.
A member is a figure contemplated by law, it is a member of the board of directors of a company or a public body. It has functions of certain relevance such as the discussion of the decisions taken by the council or others that are specifically granted by the internal regulations of the company or body.
In the private sphere, the member is part of the company’s board of directors. This council is the management body of the company and is normally composed of the president, the secretary and the members. Although there may also be the figure of the vice president.
In the public sector, the members are found in collegiate bodies as important as the General Council of the Judiciary, the Central Electoral Board or bodies such as National Heritage. These are Spanish institutions, but the same happens with bodies from other countries.
Functions of a vowel
The functions of a member are strictly determined by the statutes of the specific body to which the member belongs.
But, in general, we can highlight the following:
- Take part in the deliberations and decisions adopted by the council.
- Defend the interests of those represented through the council.
- Not acting autonomously and in search of personal benefit.
- Carry out the specific functions granted by the regulations.
Legislation of the vowel
Although the figure of the vowel is covered by the law, there is no single and express legislation that regulates their presence and functions. We find him in the law as part of a whole, not as an individual figure.
The vocal in the business sector
In Spain, the vocal in the private sector is found in the Capital Companies Law of 2010. Text that approves the regulations on the different capital companies operating in Spanish territory.
Chapter VI includes the existence of the board of directors, as well as everything that concerns it.
It establishes that, with the exception of the president and the secretary, all its components have the status of members. The minimum number of members of the board of directors is of three components. And, for its valid constitution, the presence of the majority of the vowels is needed. The law includes other aspects such as co-option, organization and operation, its convocation or the delegation of powers.
In the case of other countries, the regulation of the board of directors is also found in the legislation. For example, in Mexico we find it in the General Law of Commercial Companies; in Argentina it appears in the General Law of Companies, although with the name of the supervisory council.
The vowel in the public sector
As we mentioned at the beginning, in the public sector, the member and the council are included in the body’s own legislation.
For example, the members of the Superior Council of the Judicial Power are reflected in the Organic Law of the Judicial Power of 1985. In the case of the members of the National Patrimony, they are included in the Regulating Law of the National Patrimony.
In Mexico, the Organic Law of the Judicial Power of the Federation regulates the Judicial Power, its council and its members, called counselors.