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The legal structure of "National Development Fund" and examining the composition of its board of trustees
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Abstract: (269 Views) |
The National Development Fund was established based on Article (84) of the Fifth Development Plan Law (Article (16) of the Law on Permanent Provisions of the Country's Programs - Fund Statutes) after the unsuccessful experience of the foreign exchange reserve account. Considering the poor performance of the foreign exchange reserve account and the experience of its failure due to the lack of ability to deal with the decisions of higher authorities, it is necessary to establish a national development fund with a legal personality independent from the government, Based on this, according to the fund's constitution, the decision-making authority in this institution has been determined in such a way that the fund's independence in adopting policies and implementing them is realized and it is possible to deal with the pressure of the government and political forces. But practically, in the review of Article (16) of the Law on Permanent Decrees of the Development Programs of the Country (Fund Statutes), it was determined; The composition of the board of trustees of the fund has been determined in such a way that out of 9 voting members of this board, 6 are government members, 2 are members of the legislature and one is from the judiciary. The head of the cooperative chamber and the head of the chamber of commerce are present in this board as representatives of the non-governmental sector, without the right to vote. According to note (2) of paragraph (c) of the fund's statutes, the meetings of the board of trustees are formalized with at least two-thirds of the voting members (6 people) and the decision is taken with at least 5 votes. Therefore, it can be seen that if only 6 members of the executive branch are present in the meeting, the meetings will be formalized and it is possible to take decisions, and there will be no need for the presence and votes of the representatives of the parliament and the judiciary. Therefore, in order to achieve the goals and fulfill the mission of the National Development Fund, it seems; It is necessary to revise the statute of the fund and especially the composition of the members of the board of trustees. |
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| Keywords: Legal structure, National Development Fund, Articles of Association, Board of Trustees, Triple Powers |
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Full-Text [PDF 604 kb]
(154 Downloads)
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Type of Study: Applicable |
Subject:
Special
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