Chapter III : Life In Fraternity

Title I
GENERAL ORIENTATIONS

Article 28

1. The fraternity of the SFO finds its origin in the inspiration of Saint Francis of Assisi to whom the Most High revealed the essential gospel quality of life in fraternal communion [24] .

2. Rule 20 "The SFO is divided into fraternities of various levels", the purpose being to promote, in an orderly form, the union and mutual collaboration among the brothers and sisters and their active and communal presence in both the local and the universal Church. The SFO shall also support the commitment of the fraternities in their service to the world, and specifically to the life of society.

3. The brothers and sisters gather in local fraternities established in connection with a church or a religious house, or in personal fraternities, constituted for specific and valid reasons recognized in the decree of establishment [25] .

Article 29

1. Local fraternities are grouped into fraternities at various levels: regional, national and international according to criteria that are ecclesial, territorial, or of another nature. They are co-ordinated and connected according to the norm of the Rule and the Constitutions. This is a requirement of the communion among the fraternities, of the orderly collaboration among them, and of the unity of the SFO.

2. Rule 20 These fraternities, that each have their own juridical personality in the Church, should acquire, if possible, a civil juridical personality for the better fulfillment of their mission. It pertains to the national councils to give guidelines concerning the motivations and the procedures to be followed.

3. National statutes should indicate the criteria for the organization of the SFO in the nation. The application of these criteria is left to the prudent judgement of the leaders of the fraternities concerned and of the national council.

Article 30

1. The brothers and sisters are co-responsible for the life of the fraternity to which they belong and for the SFO as the organic union of all fraternities throughout the world.

2. The sense of co-responsibility of the members requires personal presence, witness, prayer, and active collaboration, in accordance with each one's situation and possible obligations for the animation of the fraternity.

3. Rule 25 In a family spirit, each brother and sister should make a contribution to the fraternity fund, according to each one's means, to provide the financial means needed for the life of the fraternity and for its religious, apostolic, and charitable works. The brothers and sisters ought to provide the means necessary for supporting the activities and the operations of the fraternities at higher levels, both by their financial assistance and by their contributions in other areas as well.

Article 31

1. Rule 21 "On various levels, each fraternity is animated and guided by a council and minister (or president)". These offices are conferred through elections, in accordance with the Rule, the Constitutions, and their own Statutes. Only by way of exception or in the first phase of their establishment may fraternities exist without a regular council. The council of the higher level will make the arrangements necessary for this inadequate situation only for the specific amount it time it takes to get a fraternity back on sure footing or to establish a new fraternity; to give its leaders the proper formation and to carry out the elections.

2. The office of minister or councilor is a fraternal service, a commitment to hold oneself available and responsible in relation to each brother and sister and to the fraternity so that each one will realize his or her own vocation and each fraternity will be a true community, ecclesial and Franciscan, actively present in the Church and in society.

3. The leaders of the SFO at every level should be perpetually professed, convinced of the validity of the Franciscan evangelical way of life, attentive to the life of the Church and of society with a broad and encompassing vision, open to dialogue, and ready to give and receive help and collaboration.

4. The leaders should see to the spiritual and technical preparation and animation of the meetings both of the fraternities and of the councils. They should seek to inspire life and soul into the fraternities by their own witness, suggesting appropriate means for the development of the life of the fraternity and of apostolic activities in the light of the fundamental Franciscan options. They should see to it that the decisions made are carried out and they should promote collaboration among the brothers and sisters.

Article 32

1. The ministers and councilors should live and foster the spirit and reality of communion among the brothers and sisters, among the various fraternities, and between them and the Franciscan family. They should, above all, cherish peace and reconciliation in and around the fraternity.

2. Rule 21 The ministers' and councilors' task to lead is temporary. The brothers and sisters, rejecting all ambition, should show love for the fraternity with a spirit of service, prepared both to accept and to relinquish the office.

Article 33

1. In the guidance and co-ordination of the fraternities and of the Order, the personality and capacity of the individual brothers and sisters and of the individual fraternities should be promoted. The plurality of expressions of the Franciscan ideal and cultural variety must be respected.

2. The councils of higher levels should not do what can be adequately carried out either by the local fraternities or by a council of a lower level. They should respect and promote their vitality so that they fulfil their duties properly. The local fraternities and councils concerned should commit themselves to carry out the decisions of the international council and of the other councils of higher levels, and to implement their programs, adapting them when necessary to their own situation.

Article 34

1. Where the situation and the needs of the members require it, sections or groups which gather members sharing particular needs, common interests, or the same choices, may be established within the fraternity under the guidance of the one council.
   Such groups can give themselves specific norms relative to their meetings and activities, firmly remaining faithful, however, to the requirements which arise from membership in the one fraternity. National statutes may establish criteria suitable for the formation and functioning of these sections or groups.

Article 35

1. Secular priests who recognize that they are called by the Spirit to participate in the charism of Saint Francis of Assisi within the secular fraternity should find in it specific attention in conformity with their mission among the People of God.

2. Secular Franciscan priests may also gather in personal fraternities in order to pursue the ascetical and pastoral incentives which the life and doctrine of Francis and the Rule of the SFO offer them to live their vocation in the Church better. It is proper that these fraternities have their own statutes which envision concrete forms for their composition, their fraternal meetings and for spiritual formation as well as for making their communion with the whole Order living and functional.

Article 36

1. The brothers and sisters who commit themselves with private vows to live in the spirit of the beatitudes and to make themselves more disposed to contemplation and to the service of the fraternities, can be a great help in the spiritual and apostolic development of the SFO.

2. These brothers and sisters may gather in groups according to statutes approved by the national council, or when these groups spread beyond the borders of a nation, by the Presidency of the International Council of the SFO.

3. Such statutes should be in harmony with the present Constitutions.

Title II
ENTRANCE INTO THE ORDER AND FORMATION

Article 37

1. Rule 23 Membership in the Order is attained through a time of initiation, a time of formation, and the profession of the Rule.

2. The journey of formation, which should develop throughout life, begins with entrance into the fraternity. Mindful that the Holy Spirit is the principal agent of formation and always attentive to collaboration with Him, those responsible for formation are: the candidate, the entire fraternity, the council with the minister, the master of formation, and the assistant.

3. The brothers and sisters are responsible for their own formation, developing in an ever more perfect way the vocation received from the Lord. The fraternity is called to help the brothers and sisters in this journey by means of a warm welcome, prayer, and example.

4. The elaboration and adoption of means of formation, adapted to the local situations and offered as a help to those responsible for formation in the individual fraternities, belong to the national and regional councils in common agreement.
   The Time of Initiation

Article 38

1. Rule 23 The time of initiation is a phase preparatory to the true and proper time of formation and is intended for the discernment of the vocation and for the reciprocal acquaintance between the fraternity and the aspiring member. It should guarantee the freedom and the seriousness of entrance into the SFO.

2. The duration of the time of initiation and the forms employed in its development are established by the national statutes.

3. It belongs to the fraternity council to decide possible exemptions to this time of initiation, keeping in mind the guidelines of the national council.

Admission to the Order
Article 39

1. Rule 23 The request for admission to the Order is presented by the aspirant to the minister of a local or personal fraternity by a formal act, in writing if possible.

2. Conditions for admission are: to profess the Catholic faith, to live in communion with the Church, to be of good moral standing, and to show clear signs of a vocation [26] .

3. The council of the fraternity decides collegially on the request, gives a formal answer to the aspirant, and communicates this to the fraternity.

4. The rite of admission is performed according to the Ritual [27] . The act is to be registered and preserved in the records of the fraternity.
   The Time of Formation

Article 40

1. Rule 23 The time of formation lasts at least one year. The national statutes can establish a longer period. The purpose of this period is the maturation of the vocation, the experience of the evangelical life in fraternity, and a better knowledge of the Order. This formation should be carried out with frequent meetings for study and prayer and with concrete experiences of service and of apostolate. These meetings should be held, as far as possible and opportune, in common with the candidates of other fraternities.

2. The candidates are guided to read and meditate on Sacred Scripture, to come to know the person and writings of Francis and of Franciscan spirituality, and to study the Rule and Constitutions. They are trained in a love for the Church and acceptance of her teaching. The laity practice living their secular commitment in the world in an evangelical way.

3. Participation in the meetings of the local fraternity is indispensable presupposition for initiation into community prayer and into fraternity life.

4. A style of teaching which is Franciscan in character and which fits the mentality of the persons concerned should be adopted.

The Profession or Promise of Evangelical Life
Article 41

1. Rule 23 Having completed the time of initial formation, the candidate submits to the minister of the local fraternity a request to make his or her profession. Having heard the master of formation and the assistant, the fraternity council decides by secret ballot on the admission to profession, gives its reply to the candidate, and informs the fraternity.

2. The conditions for the profession or promise of evangelical life are:
   -- attainment of the age established by the national statutes;
   -- active participation in the time of formation for at least one year;
   -- the consent of the council of the local fraternity.

3. Where it is held to be opportune to lengthen the time of formation, it must not be extended to more than a year beyond the time established by the national statutes.

Article 42

1. Profession is the solemn ecclesial act by which the candidate, remembering the call received from Christ, renews the baptismal promises and publicly affirms his or her personal commitment to live the Gospel in the world according to the example of Francis and following the Rule of the SFO.

2. Rule 23 Profession incorporates the candidate into the Order and is by its nature a perpetual commitment. Perpetual profession, because of objective and specific pedagogical reasons, may be preceded by a temporary profession, renewable annually. The total time of temporary profession may not be longer than three years [28] .

3. Profession is accepted by the minister of the local fraternity or by his or her delegate in the name of the Church and of the SFO. The rite is carried out according to the norms of the Ritual [29] .

4. Profession does not only commit those professed to the fraternity, but also in the same way it commits the fraternity to be concerned with their human and religious well-being.

5. The act of profession is registered and preserved in the records of the fraternity.

Article 43

1. The national statutes establish:
   -- Rule 23 the minimum age for profession which, however, may not be less than eighteen years completed;
   -- the distinctive sign of membership in the Order (the "Tau" or other Franciscan symbol).
   Continuing Formation

Article 44

1. Begun by the preceding stages, the formation of the brothers and sisters takes place in a permanent and continuous way. It should be understood as an aid in the conversion of each [30] and everyone and in the fulfillment of their proper mission in the Church and in society.

2. The Fraternity has the duty to give special attention to the formation of the newly professed and of the temporarily professed, to help them become fully mature in their vocation and develop a true sense of belonging.

3. Ongoing formation – accomplished by means of courses, gatherings, and the sharing of experience – aims to assist the brothers and sisters:
   -- Rule 4 in listening to and meditating on the Word of God, "going from Gospel to life and from life to Gospel";
   -- in reflecting on events in the Church and in society in the light of faith and with the help of the documents of the teaching Church, consequently taking consistent positions;
   -- in discerning and deepening the Franciscan vocation by studying the writings of Saint Francis, Saint Clare and Franciscan authors.
   Promotion of Vocations

Article 45

1. The promotion of vocations to the Order is a duty of all the brothers and sisters and is a sign of the vitality of the fraternities themselves.
   The brothers and sisters, convinced of the validity of the Franciscan way of life, should pray that God may give the grace of the Franciscan vocation to new members.

2. Although nothing can substitute for the witness of each member and of the fraternity, the councils must adopt appropriate means to promote the secular Franciscan vocation.

Title III
THE FRATERNITY AT THE VARIOUS LEVELS

The Local Fraternity
Article 46

1. Rule 22 The canonical establishment of the local fraternity belongs to the competent religious major superior at the request of the brothers and sisters concerned and with the prior consultation and collaboration of the council of the higher level to which the new fraternity will be related according to the national statutes.
   
   The written consent of the local Ordinary is necessary for the canonical establishment of a fraternity outside the houses or churches of the Franciscan religious of the First Order or the TOR. [31]

2. For the valid establishment of a local fraternity, at least five perpetually professed members are required. The admission and profession of these first brothers and sisters will be received by the council of another local fraternity or by the council of a higher level which will have provided for their formation in appropriate ways. The acts of admission and profession and the decree of establishment are preserved in the records of the fraternity. Copies are sent to the council of the higher level.

3. If there is not yet a fraternity of the SFO in a nation, it belongs to the Presidency of the International Council of the SFO to make provision in this regard.

Article 47

1. Rule 22 Each local fraternity, the primary cell of the one SFO, is entrusted to the pastoral care of the religious Franciscan Order that canonically established it.

2. A local fraternity may pass to the pastoral care of another religious Franciscan Order in the ways determined by the national statutes.

Article 48

1. In the case of cessation of a fraternity, the patrimonial goods of the same, the library and the records are acquired by the fraternity of the immediately higher level.

2. In the case of revival according to the canonical laws, the fraternity will repossess any remaining goods, its own library, and records.
   The Fraternity Council

Article 49

1. The council of the local fraternity is composed of the following offices: minister, vice-minister, secretary, treasurer, and master of formation. Other offices may be added according to the needs of each fraternity. The spiritual assistant of the fraternity forms part of the council by right [32] .

2. The fraternity, meeting in an assembly or chapter, discusses questions regarding its own life and organization. Every three years, in an elective assembly or chapter, the fraternity elects the minister and the council in the way established by the Constitutions and statutes.

Article 50

1. It is the duty of the council of the local fraternity:
   -- to promote the initiatives necessary for fostering fraternal life, for improving the human, Christian, and Franciscan formation of its members and for sustaining their witness and commitment in the world;
   -- to make concrete and courageous choices, appropriate for the situation of the fraternity, from among the numerous activities possible in the field of the apostolate.

2. The duties of the council are also:

   • to decide on the acceptance and admission to profession of new brothers and sisters [33] ;

   • to establish a fraternal dialogue with members in particular difficulties and to adopt consequent measures;

   • to receive the request for withdrawal and to decide on the suspension of a member from the fraternity;

   • to decide on the establishment of sections or groups in conformity with the Constitutions and the statutes;

   • to decide on the destination of available funds and, in general, to deliberate on matters concerning financial management and economic affairs of the fraternity;

   • to assign duties to the councilors and to the other professed members;

   • to request from the competent superiors of the First Order and the TOR suitable and prepared religious as assistants;

   • to perform such other duties as are required by these Constitutions or which are necessary to carry out its proper purposes.

The Offices in the Fraternity
Article 51

1. While firmly upholding the co-responsibility of the council to animate and guide the fraternity, the minister, as the primary person responsible for the fraternity, is expected to make sure that the directions and the decisions of the council are put into practice and will keep the council informed about what he or she is doing.

2. The minister also has the following duties:

   • to call, to preside at, and to direct the meetings of the fraternity and council; to convoke every three years the elective chapter of the fraternity, having heard the council on the formalities of the convocation;

   • to prepare the annual report to be sent to the council of the higher level after it has been approved by the council of the fraternity;

   • to represent the fraternity in all its relations with ecclesiastical and civil authorities. When the fraternity acquires a juridical personality in the civil order, the minister becomes, when possible, its legal representative;

   • to request, with the consent of the council, the pastoral and fraternal visits, at least once every three years.

   • to put into effect those acts which the Constitutions refer to his or her competence.

Article 52

1. The vice-minister has the following duties:

   • to collaborate in a fraternal spirit and to support the minister in carrying out his or her specific duties;

   • to exercise the functions entrusted by the council and/or by the assembly or chapter;

   • to take the place of the minister in both duties and responsibilities in case of absence or temporary impediment;

   • to assume the functions of the minister when the office remains vacant [34] .

2. The secretary has the following duties:

   • to compile the official acts of the fraternity and of the council and to assure that they are sent to their respective proper recipients;

   • to see to the updating and preservation of the records and the registers, noting admissions, professions, deaths, withdrawals, and transfers from the fraternity [35] ;

   • to provide for the communication of the more important facts to the various levels and, if appropriate, to provide for their dissemination through the mass media.

3. The master of formation has the following duties:

   • to co-ordinate, with the help of the other members of the council, the formative activities of the fraternity;

   • to instruct and enliven the inquirers during the time of initiation, the candidates during the period of initiation formation, and the newly professed;

   • to inform the council of the fraternity prior to profession, concerning the suitability of the candidate for a commitment to live according to the Rule.

4. The treasurer, or bursar, has the following duties:

   • to guard diligently the contributions received, recording each receipt in the appropriate register, with the date on which it was given, the name of the contributor, or the one from whom it was collected;

   • to record in the same register the items of expense, specifying the date and the purpose, in conformity with the directions of the fraternity council;
     c. to render an account of his or her administration to the assembly and to the council of the fraternity according to the norms of the national statutes.

5. The provisions regarding the rights and duties of the vice-minister, the secretary and the treasurer apply, with the appropriate adaptations, to all levels.
   Participation in the Life of the Fraternity

Article 53

1. Rule 24 The fraternity must offer to its members opportunities for coming together and collaborating through meetings to be held with as great a frequency as allowed by the situation and, with the involvement of all its members.

2. Rule 6; 8 The fraternity should come together periodically, also as an ecclesial community to celebrate the Eucharist in a climate which strengthens the fraternal bond and characterises the identity of the Franciscan family. Where, for whatever reason, this particular celebration may not be possible, they should participate in the celebration of the larger ecclesial community.

3. Insertion into a local fraternity and participation in fraternity life is essential for belonging to the SFO. Appropriate initiatives should be adopted according to the directives of the national statutes, to keep those brothers and sisters united to the fraternity who - for valid reasons of health, family, work, or distance - cannot actively participate in community life.

4. The fraternity remembers with gratitude its brothers and sisters who have passed away and continues its communion with them by prayer and in the Eucharist.

5. The national statutes can indicate special forms of association with the fraternity for those who, without becoming a member of the SFO, want to participate in its life and activities.

Article 54

1. In cases where the fraternity of whatever level has property or real estate at its disposal, the procedures necessary for that fraternity to acquire a juridical personality in the civil order must be followed in conformity with the national statutes.

2. Based on the respective civil legislation, the national statutes must establish precise criteria regarding the purpose of the juridical person, the administration of its material goods and the relevant internal controls. They must also contain instructions so that the establishing document may provide for the disposal of its property in case the juridical person ceases to exist.

3. The national statutes must also set up precise criteria for local fraternities that possess or administer property or real estate, so that the respective council, before its term of office is finished, has the fraternity’s financial and real estate situation audited either by an expert who is not a member of the council or by the fraternity’s board of examiners.

Transfer
Article 55

1. If a brother or sister, for any reasonable cause, desires transfer to another fraternity, he or she first informs the council of the fraternity to which he or she belongs and then makes the request, including the reasons for the transfer, to the minister of the fraternity to which he or she wishes to belong. The council makes its decision after having received the necessary information in writing from the fraternity of origin.

Temporary Provisions
Article 56

1. Rule 23 Members who find themselves in difficulty may ask, with a formal act, temporary withdrawal from the fraternity. The council will evaluate the request with love and prudence, after a fraternal dialogue between the minister and the assistant with the person concerned. If the reasons appear to be well founded, after the brother or sister in difficulty has been given time to reconsider, the council agrees to the request.

2. The repeated and prolonged default in the obligations of the life of the fraternity and other conduct in serious opposition to the Rule have to be discussed by the council in dialogue with the person at fault. Only in the case of obstinacy or relapse may the council decide, with a secret vote, to suspend someone. It communicates its decision in writing to the person concerned.

3. Voluntary withdrawal or the provision for suspension must be noted in the registers of the fraternity. It involves exclusion from the meetings and activities of the fraternity, including the right of active and passive voice, but membership in the Order itself is not affected.

Article 57

1. In the case of voluntary withdrawal or of suspension from the fraternity, the secular Franciscan may ask to be readmitted by addressing an appropriate written request to the minister.

2. After examining the reasons offered by the person involved, the council evaluates whether the causes which led to the withdrawal or suspension can be considered as overcome. If the conclusion is affirmative, it readmits him or her and the decision is recorded in the proceedings of the fraternity.

Definitive Provisions
Article 58

1. The brother or sister who intends to withdraw definitively from the Order, communicates so in writing to the minister of the fraternity. The minister and the assistant of the local fraternity, with charity and prudence, discuss the matter with the person concerned and keep the Council informed. If the brother or sister confirms the decision in writing, the Council takes notice and communicates it in writing to the person concerned. The definitive withdrawal is recorded in the register of the fraternity and communicated to the council of the higher level.

2. In case of serious causes, provided that they are external, imputable, and juridically proven, the minister and the assistant of the local fraternity, with charity and prudence, discuss the matter with the brother or sister concerned and keep the council informed. The brother or sister is given time to reflect and to discern, possibly with the help of an external and competent expert. If the time set aside for reflection passes without any result, the council of the fraternity request the council of the higher level to dismiss the brother or sister from the Order. The request must be accompanied by all the documentation relative to the case.
   
   The council of the higher level will issue the decree of dismissal after having collegially examined the request with the relative documentation and having verified observance of the directives of the Law and of the Constitutions.

3. The brother or sister who publicly rejects the faith, or defects from ecclesiastical communion, or upon whom an excommunication is imposed or declared, by the fact itself ceases to be a member of the Order. This does not exonerate the council of the local fraternity from discussing the matter with the person concerned and offering fraternal help. The council of a higher level, upon request of the council of the local fraternity, collects the proofs and officially declares that the person has ceased to be a member of the Order.

4. The decree of dismissal or the declaration that the person has ceased to be a member of the Order, in order to become effective, must be confirmed by the national council to whom all the documentation will be sent.

Article 59

1. If anyone is convinced that he or she has been wronged by a measure adopted, that person may appeal within three month to the council above the one that adopted the decision in question and, in successive cases, to further levels all the way up to the Presidency of the International Council of the SFO and, in the final instance, to the Holy See.

Article 60

1. What is said in these Constitutions with respect to the local fraternities is valid, to the extent that it is applicable, for the personal fraternities also.

The Regional Fraternity
Article 61

1. 1. The regional fraternity is the organic union of all the local fraternities existing in a territory or which can be integrated into a natural unity, either by geographic proximity, or by common problems and pastoral circumstances. It assures the link between the local fraternities and the national fraternity in respect to the unity of the SFO and in accord with the cooperative efforts of the Franciscan religious orders to provide spiritual assistance within the area.

2. It is for the national council to compose the regional fraternity according to the Constitutions and to the national statutes. The competent religious superiors, from whom spiritual assistance must be sought, should be informed of it.

3. The regional fraternity:
   -- is animated and guided by council and a minister;
   -- is ruled by the national statutes and by its own statutes;
   -- has its own seat.

Article 62

1. The regional council is constituted according to the provisions of the national statutes and of its own regional statutes. At the heart of the regional council there can be set up an executive council (or board) whose duties are determined by those same statutes.

2. The regional council has the following duties:

   • to prepare the celebration of the elective chapter;

   • to promote, animate, and co-ordinate the life and activities of the SFO and its insertion into the local Church within the regional area;

   • to detail the action plan of the SFO within the region according to the directives of the national council and in collaboration with it and to publicize that program to the local fraternities;

   • to communicate the directives of the national council and of the local Church to the local fraternities;

   • to provide for the formation of those responsible for animation;

   • to offer to local fraternities activities which support their formative and operative needs;

   • to discuss and approve the annual report to the national council;

   • to schedule, when circumstances recommend so, the fraternal visit to the local fraternities, even if it is not requested;

   • to make decisions regarding the use of available funds and, in general, to deliberate on matters regarding the financial management and the economic affairs of the regional fraternity;

   • to have, before its term of office is finished, the regional fraternity’s financial and real estate situation audited either by an expert who is not a member of the council or by the fraternity’s board of examiners;

   • to perform such other duties as are indicated by the Constitutions or necessary to achieve its own aims.

Article 63

1. While firmly preserving the co-responsibility of the council for the animation and guidance of the regional fraternity it is the duty of the minister, who has the primary responsibility, to see that the directions and decisions of the council are put into practice. He or she will keep the council informed concerning his or her activities.

2. In addition, the regional minister has the duty:

   • a. to convoke and preside at the meetings of the regional council; to convoke every three years the elective chapter of the fraternity after having listened to the council on the formalities of the convocation;

   • to preside at and to confirm the elections of the local fraternities either in person or through a delegated member of the regional council, with the exception of the spiritual assistant;

   • to make fraternal visits to the local fraternities, personally or through a delegate who is a member of the council;

   • to participate in the meetings called by the national council;

   • to represent the fraternity whenever it has acquired a juridical personality in the civil order;

   • to prepare the annual report to the national council;

   • to request the pastoral and fraternal visits with the consent of the council, at least once every three years.

Article 64

1. The regional chapter is the representative organ of all the fraternities existing within the confines of a regional fraternity, with elective and deliberative power.
   
   The national statutes provide for the formalities of convocation, its composition, frequency and powers.

The National Fraternity
Article 65

1. The national fraternity is the organic union of the local fraternities existing within the territory of one or more states which are joined and co-ordinated among themselves through regional fraternities, wherever they exist.

2. It is the duty of the Presidency of the International Council of the SFO to provide for the establishment of new national fraternities upon request and in dialogue with the councils of the fraternities concerned. The competent religious superiors of the nation, of whom spiritual assistance will be requested, should be informed.

3. The national fraternity:
   -- is animated and guided by a council and a minister;
   -- is governed by its own statutes;
   -- has its own seat.

Article 66

1. The national council is constituted according to the provisions of the national statutes. At the heart of the national council there can be set up an executive council (or board) whose duties are determined by those same statutes.

2. The national council has the duty:

   • to prepare the celebration of the national elective chapter, according to its own statutes;

   • to make known and to promote the secular Franciscan spirituality in the whole area of its own national fraternity;

   • to decide upon programs of annual activities of a national character;

   • to seek, indicate, publish, and distribute the necessary instruments for the formation of the secular Franciscans;

   • to animate and co-ordinate the activities of the regional councils;

   • to maintain the connection with the Presidency of the International Council of the SFO;

   • to make sure that the national fraternity be represented in the international council and to assume the responsibility for the expenses involved;

   • to discuss and approve the annual report to Presidency of the International Council of the SFO;

   • to see to the presence of the SFO in the ecclesial bodies at the national level;

   • to schedule, when circumstances recommend so, the fraternal visit to the regional and local fraternities, even if it is not requested;

   • to make decisions regarding the management of the available funds and, in general, regarding the economic affairs of the fraternity;

   • to have, before its term of office is finished, the national fraternity’s financial and real estate situation audited either by an expert who is not a member of the council or by the fraternity’s board of examiners;

   • to perform such other duties as are indicated by the Constitutions or necessary to achieve its own aims.

Article 67

1. While firmly preserving the co-responsibility of the council for the animation and guidance of the national fraternity it is the duty of the minister, who has the primary responsibility, to see that the directions and decisions of the council are put into practice. He or she will keep the council informed concerning his or her activities.

2. In addition, the national minister has the duty:

   • to convoke and preside at the meetings of the national council; to convoke every three years the elective chapter of the national fraternity, according to the national statutes, after having listened to the council on the formalities of the convocation;

   • to direct and co-ordinate with the national leaders the activities at the national level;

   • to give a report to the national council and chapter on the life and activity of the SFO in the country;

   • to represent the national fraternity in contacts with ecclesiastical and civil authorities. When the national fraternity has a civil juridical personality, its legal representation belongs to the minister;

   • to preside at and to confirm the elections of the regional fraternities either in person or through a delegated member of the national council, with the exception of the spiritual assistant;

   • to make fraternal visits to the regional councils, personally or through a delegate who is a member of the national council;

   • to request the fraternal and pastoral visits, with the consent of the council, at least once every six years.

Article 68

1. The national chapter is the representative organ of the fraternities existing within the confines of a national fraternity. It has legislative, deliberative, and elective powers. In conformity with the Rule and the Constitutions, it may make legislative decisions and give norms valid within its national confines. The national statutes determine the composition of the national chapter, its frequency, its powers, and how to convoke it.

2. The national statutes may envisage other forms of meetings and assemblies to promote the life and apostolate at the national level.

The International Fraternity
Article 69

1. The international fraternity is constituted by the organic union of all the Catholic secular Franciscan fraternities in the world. It is identical to the SFO. It has its own juridical personality within the Church. It is organized and it functions in conformity with the Constitutions and its own statutes.

2. The international fraternity is guided and animated by the International Council of the SFO (CIOFS), with its seat in Rome (Italy), by its Presidency and by the general minister or international president.

Article 70

1. The international council is composed of the following members, elected according to the norms of the Constitutions and its own statutes:
   -- professed brothers and sisters of the SFO;
   -- representatives of the Franciscan Youth.
   In addition, the four General Assistants to the SFO form part of the international council.

2. The Presidency of the International Council of the SFO is constituted within the international council of which it forms an integral part.

3. The International Council convened in General Chapter is the highest governing body of the SFO with legislative, deliberative, and elective powers. It can make legislative decisions and give norms in conformity with the Rule and the Constitutions.

4. The international council meets every six years in elective general chapter, and at least once between two elective general chapters, according to the norms established by the Constitutions and by the international statutes.

Article 71

1. The purposes and duties of the International Council of the SFO are:

   • to promote and sustain the evangelical life according to the spirit of Saint Francis of Assisi within the secular condition of the faithful living throughout the world;

   • to increase the sense of unity of the SFO while respecting the pluralism of the persons and groups, and to strengthen the bond of communion, collaboration, and sharing among the national fraternities;

   • to harmonise the sound traditions, according to the original nature of the SFO, with advances in theological, pastoral, and legislative fields, with a view to a specific evangelical Franciscan formation;

   • to contribute, in line with the tradition of the SFO, to the spreading of ideas and initiatives which are valuable for promoting the availability of secular Franciscans in the life of the Church and of society;

   • to determine the orientations and establish priorities for the actions of its Presidency;

   • to interpret the Constitutions according to article 5,2.

2. The international statutes specify the composition of the international council and how to convoke its meetings.

Article 72

1. 1. The Presidency of the International Council of the SFO is composed of:
   -- the general minister;
   -- the vice-minister;
   -- the presidency councilors;
   -- a member of the Franciscan Youth;
   -- the general assistants of the SFO.

2. 2. The presidency councilors are elected according to the international statutes, which determine their number and the areas represented.

Article 73

1. The duties and tasks of the Presidency are:

   • to see that the decisions and orientations of the general chapter are carried out;

   • to co-ordinate, animate, and guide the SFO at the international level, in order to make the interdependence and reciprocity of the SFO a reality at the various levels of fraternity;

   • to intervene in a spirit of service, according to the circumstances, providing fraternal aid in the clarification and resolution of grave and urgent problems of the SFO, informing the national council concerned and the next general chapter;

   • to strengthen reciprocal relationships of collaboration between the SFO and the other components of the Franciscan family at the world level;

   • to organize meetings or assemblies, according to the norms of the international statutes, to promote the life and the apostolate of the SFO at the international level;

   • to collaborate with organizations and associations which defend the same values;

   • to fulfil the other duties indicated in the Constitutions or needed in order to reach its own proper goals.

Article 74

1. While firmly preserving the co-responsibility of the Presidency of the International Council of the SFO in the guidance and animation of the international fraternity, it belongs to the general minister, who has the primary responsibility, to see that the directions and decisions of the general chapter and of the Presidency are put into practice and to inform them concerning his or her activities.

2. In addition, the general Minister has the duty:

   • to convoke and preside at the meetings of the Presidency according to its own statutes;

   • to convoke the meetings of the general chapter, with the consent of the Presidency, and to preside at them;

   • to be a visible and effective sign of the communion and life-giving reciprocity between the SFO and the general ministers of the Franciscan First Order and the TOR, among whom he or she represents the SFO, and to preserve the bond with the conference of general assistants;

   • to represent the SFO at the world level before ecclesiastical and civil authorities. When the international fraternity has a civil juridical personality, its legal representation belongs to the minister;

   • to make the fraternal visit to the national councils, personally or through a delegate;

   • to preside at the elections of the national councils, personally or through a delegate;

   • to request, with the consent of the Presidency, the pastoral visit by the Conference of the General Ministers of the First Order and the TOR;

   • to intervene in urgent cases, informing the Presidency of them;

   • to sign the official documents of the international fraternity;

   • to exercise, with the consent of the Presidency, the property rights of the international fraternity together with another councilor of the Presidency designated by that same body;

   • before every general chapter, have the financial and property situation of the international fraternity verified by a qualified accountant who is not involved in the economic and financial management of the Presidency.

Article 75

1. The specific duties of the international councilors are determined by the international statutes.

Title IV
ELECTION TO AND TERMINATION OF OFFICES

Elections
Article 76

1. The elections at the various levels will take place according to the norms of the law of the Church [36] and of the Constitutions.
   
   The convocation should be carried out at least one month in advance, indicating the place, the day, and the time of the election.

2. The elective assembly, or chapter, will be presided over by the minister of the immediately higher level, or by his or her delegate, who confirms the election.
   
   The president or the delegate cannot preside the elections in his or her local fraternity, nor the elections of the council of a higher level, of whose council he or she is a member.
   
   The spiritual assistant of the immediately higher level or his delegate is to be present as a witness of the communion with the First Order and the TOR.
   
   A representative of the Conference of General Ministers of the First Order and the TOR presides at and confirms the elections of the Presidency of the International Council of the SFO.

3. The president of the chapter and the assistant of the higher level do not have the right to vote.

4. The president of the chapter designates, among the members of that chapter, a secretary and two tellers.

Article 77

1. In the local fraternity the perpetually professed of the same fraternity have active voice, that is can elect, and passive voice, that is can be elected. The temporarily professed have only active voice.

2. At the other levels, the following have active voice: the secular members of the outgoing council, the representatives of the immediately lower level and of the Franciscan Youth, if professed. It belongs to the particular statutes to establish more concrete norms in application of the preceding norm, taking care to assure the broadest elective base. The perpetually professed secular Franciscans of the corresponding area have passive voice.

3. Both the national and the international statutes – each for its own area – can establish objective qualifications regarding who can be elected to the various offices.

4. The presence of more than half of the number of those having the right to vote is required for the valid celebration of an elective chapter. For the local level, the national Statutes can establish a different norm.

Article 78

1. An absolute majority of the votes of those present, cast in secret, is required for the elections of the minister. After two inconclusive ballots, the voting continues between the two candidates who have obtained the largest number of votes or, in case there are more than two, between the two candidates who are oldest by profession. If there is still a tie after the third ballot, the older by profession will be considered elected.

2. The election of the vice-minister proceeds in the same manner.

3. For the election of the councilors, after a first ballot without an absolute majority, a relative majority of the votes of those present, cast in secret, is sufficient, unless the particular statutes require a greater majority.

4. The secretary announces the result of the elections; the president confirms the election according to the Ritual [37] if all has been carried out properly and those elected have accepted their office.

Article 79

1. The minister and vice-minister may be elected for two consecutive terms of three years each. For a third and final successive election to the office of minister or vice-minister, a majority of two-thirds of the votes of those present, which must be obtained on the first ballot, will be necessary.

2. The out-going minister cannot be elected vice-minister.

3. The councilors may be elected for additional successive terms of three years. Beginning with the third successive election, a majority of two-thirds of the votes of those present, which must be obtained on the first ballot, will be necessary.

4. The general minister, vice-minister and presidency councilors can only be elected for two consecutive terms of six years.

5. The council of the higher level has the right and duty to invalidate the elections and to call them anew in all cases of inobservance of the preceding norms.

Article 80

1. The particular statutes may include further directives concerning elections, as long as they are not contrary to the Constitutions.

Vacant Offices
Article 81

1. When the office of minister remains vacant as a result of death, resignation or other impediment of a definitive character, the vice-minister assumes the office until the end of the term for which the minister was originally elected.

2. If the office of vice-minister becomes vacant, one of the councilors is elected to the office of vice-minister by the council of the fraternity, to serve until the next elective chapter.

3. When the office of councilor becomes vacant, the council will proceed to substitute for him or her in conformity with its own statutes, to serve until the next elective chapter.

Incompatible Offices
Article 82

1. The following are incompatible:

   1. the office of minister at two different levels;

   2. the offices of minister, vice-minister, secretary and treasurer at the same level.
      Resignation of Office

Article 83

1. When a minister of whatever level resigns during a chapter, that same chapter can accept the resignation.
   
   When a minister resigns outside the time of chapter, that resignation must be presented to the council. If the resignation is accepted, it must be confirmed by the minister of the higher level; if the general minister is resigning, the confirmation comes from the Conference of General Ministers of the First Order and the TOR.

2. The resignation of other offices is presented to the minister and to his or her council, who are competent to accept the resignation.