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Statutes Article
1: Name, domicile After being registrated, the name will be completed by the designation "e.V." It has its domicile in Wuppertal, Germany, and is to be entered into the Register of Associations at Wuppertal County Court. Articles 2: Objectives of the Association The purpose of the Association is close cooperation with the national associations of tinnitus sufferers in Europe to further and support the tasks according to their statutes and to hold joint activities. The Association has given itself the task of suggesting, furthering, demanding and - if it considers this necessary - taking on in its own responsibility all measures and developments serving to improve the situation of tinnitus sufferers in Europe. Article 3: Realisation of the purpose of the association Realisation of the purpose of the association is particularly served by the following measures: Exchange of experience, information and suggestions aa) in all questions of furthering physical and spiritual health, in particular from a medical and psychological point of view and under the aspect of private and organised social self-help. bb) in all questions of association management, financing, supporting members, gaining members and gaining and training honorary workers. cc) in all questions of public relations and influences as a lobby of the sufferers and their therapists dd) in legal questions. Joint activities aa) to inform the public, in particular in the interest of a growing understanding for tinnitus sufferers and their problems. bb) to inform and activate those responsible in the national and international health service, in particular for progressive improvement of the possibilities of diagnosis, therapy and rehabilitation and their labour law, social law and other legal situations. cc) to have an influence on research, the application of its results and the medical or technical instruction and further raining and on the development of helpful organisation forms, in particular in the ambulant area, as well as of standards. dd) to procure funds, in particular for research. ee) in the form of joint own studies, surveys and other recording of information. ff) in the form of joint information measures and information institutions of all kinds, also via the Internet. gg) in the interest of prevention, in particular in the noise area in the sense of "hearing hygiene", but also in the interests of secondary prevention with regard to the avoidance of a decompensated tinnitus. Making and keeping helpful contacts to the national governments and the offices and associations active in the health area, to the European Union (EU), to international organisations, to potential sponsors and all other important offices and people. All measures which can help to support the tinnitus sufferers own activities, in particular within the course of empowerment. Measures for a positive influence of the causes and the accompanying phenomena of tinnitus, for example in hardness of hearing, morbus menière, hyperacusis etc. Symposia, congresses, seminars and other information and further training measures for tinnitus sufferers, their families and for doctors and other specialists. Measures for protecting consumers. Article 4: Provisions for charitable status The association exclusively and directly pursues charitable purposes or charity welfare purposes within the meaning of the "tax-benefited purposes" section of the German Fiscal Code 1977, as amended. The association's activity is selfless; it does not primarily pursue profitable purposes. Funds of the association may only be used for purposes according to the statutes. The members of the association in their capacity as members may not receive any payments from the association's funds or shares of the association's assets when they leave or the association is dissolved or cancelled. The association may not favour any persons by expenditure foreign to the association's purposes or by disproportionately high remuneration. If the association is dissolved or cancelled or if its purpose is amended, the association's assets shall be transferred to another tax-benefited body, which shall use them exclusively and directly for tax-benefited purposes serving the interests of tinnitus sufferers in Europe. If the association does not claim recognition as a charitable association, its assets shall be distributed to the members in the proportion of their payments or other donations to the association in the last three years if it is dissolved. Article 5: Membership (1) The association shall have A. General Members B. Associated Members C. Passive Members D. Founding Members A. General Members General members can be all the European organisations serving charitable self-help of tinnitus sufferers for tinnitus sufferers. This also includes the national associations for the hard of hearing which additionally concern themselves with the interests of tinnitus sufferers in their country by having their own sub-organisation with their own board for this purpose. As a matter of principle, each European country shall only be represented by one organisation, with the exception of Belgium, represented by up to two organisations in accordance with the national languages in question. The minimum membership of these national organisations shall be 200 members. Smaller organisations and groups can join the association as associated members not paying a contribution to start with. The Board can permit exceptions. B. Associated Members Associated members can be all other organisations or institutions interested in cooperation with the association (EUTI) or in support of its activities. C. Passive members Passive members can be legal or natural entities who wish to support the association ideally, by unpaid-for work or financially. In the event of financial support, annual payment of a donation of at least 500? Euros is a prerequisite. D. Founding members Founding members are natural entities who determine the association's statutes, the first Board and the auditors together with the general members and arrange for the entry in the Register of Associations. They leave as soon as the association comprises at least seven general members. (2) Acceptance as a member is done on the basis of a decision by the Board concerning an application to be sent to it. Rejection of an application shall not require any substantiation. (3) The members shall be obliged to support the association's objectives to the best of their ability. (4) Each general member shall name a professional representative (e.g. a medical doctor or psychologist) and an affected representative of his organisation. Each member organisation shall be represented by these two persons. As a rule, the representatives of the member organisations are the presidents of the individual tinnitus associations or a person authorised by them. (5) Information from the association shall be drawn up in the English, French and German languages as a matter of principle according to the requirements of the members. Article 6: Contribution All general and supporting members with the exception of honorary members shall be obliged to pay annual contributions, starting with the calendar year of joining. The contributions shall be paid by May 1 of each year or within four weeks of joining, as the case may be. The Board prescribes the annual minimum contributions, as long as the General Meeting has no other decision. For 2003 the board make only proposals. The board can permit exceptions for substantiated reasons. Article 7: Termination of membership (1) Membership is terminated: (a) by leaving (b) by death or, in the event of legal entities, by loss of the capacity to enter into business (c) by exclusion or (d) by deletion from the list of members. (2) Members leave through a written declaration to the Board. It shall be admissible at any time with three months' notice as per the end of a calendar year. The Board may admit exceptions for substantiated reasons. (3) Exclusion may only be pronounced by the Board for good and sufficient reason, in particular on account of a breach of the association's interests, of existing obligations or for any other serious reason. Before the Board passes a resolution, the facts of the matter are to be explained to the member in question in writing with simultaneous notification that the member can comment within two months. The resolution of the Board concerning the exclusion shall be notified to the member by recorded delivery with return slip. The member's rights shall be suspended as of the time of the notification. If the Board receives a written objection from the member within six weeks of receipt of the notification, a resolution by the next planned meeting of the members shall be obtained and notified to the member by recorded delivery. (4) A member can be deleted from the list of members on the basis of a resolution by the Board. The Board can make this decision if a member has failed to comply with its obligation to pay its contribution within a period of 2 months following a written reminder referring to this consequence. The member shall be notified of the resolution and the deletion. Article 8 : Executive organs of the association The executive organs of the association shall be - the meeting of the members - the Board Article 9: Meeting of the members (1)The meeting
of the members shall be the ultimate executive organ of the association.
It shall take place at least every two years. It shall be convened in
writing by the President or the Vice-President on the basis of a resolution
of the Board and shall include the provisional agenda. (2) The meeting of the members shall be quorate if one half of the general members are present or properly represented. In case of an insufficient number of votes, the general members present or duly represented can decide to waive this requirement by a majority of their votes. Each general member has two votes pursuant to the procedure on sending delegates. (3) The Board shall stipulate the agenda. Each member shall have the right to make written applications on the agenda. They shall be taken into account in the final agenda if they reach the Board no later than four weeks before the meeting of the members and fall within the scope of decisions of the meeting of the members. The members shall be notified of the final agenda no later than three months prior to the meeting of the members. The decisions of the meeting of the members shall be recorded in minutes with the signatures of the chairman of the meeting and the secretary for the minutes. (4) Each general member can give any other member a power of attorney for the exercising of its voting rights by the latter's representatives at the meeting of the members. (5) The voting rights shall be exercised by delegates of the general members. They shall be provided with a written power of attorney of the Board sending them and the latter's certification of the number of members. The delegates shall exercise their office to the best of their knowledge and belief. They shall not be bound by instructions of the Board sending them. This shall also apply if a delegate has a Board or any other position in a member association? A delegate can also act as an attorney for up to two further members, but for no more than additional five votes. Together with the delegates, the members of the Boards of the member associations can also attend the meetings of the members without voting rights. As a matter of principle, the member of the meetings shall decide with a simple majority provided a larger majority is not necessary on the basis of these statutes or of a statutory provision. An amendment of the statutes shall require a majority of two-third. In equality of votes, the chairman of the meeting shall have a casting vote, if he wants this. (6) The meeting of the general members shall be responsible for a) the election of the Board b) accepting the annual report of the Board c) approving the annual accounts and granting discharge to the Board (or rejecting the discharge) d) deciding on the amount of the members' contributions e) deciding on suggestions with regard to the association's activities should the Board require this f) electing the auditors g) deciding on inclusion or exclusion of a member if at least two members of the Board apply for this decision and h) amending the statutes. i) decisions demanded by the Board (7) The general members can decide to renounce from the prescribed periods of time/deadlines with 90%of the voices. (8) The general members can pass resolutions in writing with the voices of all present or represented general members. Article 10 : The Board (1) The Board (entire Board) shall comprise no less than 5 and no more than 10 members, amongst them the Chairman, two Vice-Chairmen, a treasurer and a secretary. It shall be elected with a simple majority from the midst of the persons suggested for the Board by the members. The vita of these persons with additional explanations shall be notified to the members no later than 2 months before the election of the Board. (2) The Management Board shall comprise the Chairman, the Vice-Chairmen, the Treasurer and the Secretary. For representation towards the outside within the meaning of § 26, German Civil Code, it shall be sufficient if the Chairman and one Vice-Chairman or one of them together with one member of the Management Board act. Both the Chairman as well as each Vice-Chairman may dispose of or enter into liabilities for assets of up to 2000 Euro alone. The rules of conduct of the Board shall be decisive in internal relationships and for the way of working of the members of the Board with one another, also in particular for the distribution of tasks. They shall be resolved by the members of the Board after each election of the Board with a ¾ majority. A temporarily incomplete Board shall maintain its power of representation as long as at least three members of the Management Board are still in office, among them at least the Chairman or one of the both Vice-Chairmen. (3) The members of the Board shall be elected for a term of three years unless the meeting of the members decides otherwise. Over and above this, they shall remain in office until a new Board has been elected and entered in the Register of Associations. If the Chairman leaves prematurely, the Board shall convene an extraordinary meeting of the members to elect a replacement or appoint an acting successor until the next planned meeting of the members, albeit for no longer than a duration of 10 months. If other members of the Board leave or if members of the Management Board wish to pass their office to other members of the Board, the remaining members of the Management Board shall determine a successor with a 2/3 majority. The members shall be notified of such alterations without delay. (4) The decisions of the Board shall be made at meetings of the Board. The meetings of the Board shall be convened in writing by the Chairman, if the latter is absent by the Vice-Chairman, with a period of two months and notification of the agenda. They shall be chaired by the Chairman or a Vice-Chairman and shall be quorate if at least three members of the Board are present, amongst them at least the Chairman and one Vice-Chairman. (5) The entire Board shall resolve with a simple majority. In equality of votes, the Chairman shall have the casting vote if members of the Board not belonging to the Management Board have also participated in the voting. The resolutions can also be obtained in written proceedings or via the Internet if all members of the Management Board agree. (6) The Management Board can appoint a special representative pursuant to § 30 German Civil Code to attend to the ongoing business of the association for individual business areas and have him/her entered in the Register of Associations. Article 11 : Tasks and competencies of the Board The Board shall be responsible for all the matters of the association not assigned to any other executive organ by the statutes, in particular to the meeting of the members. Its tasks shall in particular entail: a) implementing the resolutions of the meeting of the members b) convening the meetings of the members, preparing them including the agenda, holding them and ensuring that minutes are taken of their results. c) running the ongoing business of the association. (??) d) taking decisions about the inclusion of new members and the exclusion of members. (Article 7) Article 12 : Special representative The association is allowed to have special representative according to § 30 of the German Civil Code (BGB): His task is to care for all normal business affairs up to a value of 700 Euro. The appointment is by the Board. Article 13:Business year and finances (1) The business year shall be the calendar year. (2) The board will submit the financial report to the General Meeting for approval. (3) The auditor will be given every opportunity to control the books in a proper way and must be given all requested information. (4) The members of the Board and the volunteers appointed by the Board shall be entitled to reimbursement of all necessary expenses actually incurred. Travel expenses shall, however, only be reimbursed in accordance with the relevant provisions, if the national association concerned is unable to take over the costs. Article 14: Dissolution For the dissolution of the association are competent the rules of article 9. The General Meeting appoints two liquidators. The distribution of the assets applies to the sentence of article 4. Article 15: German Law As long as the association has its seat in Germany, German law and the German text of the statues is applicable until a new decision of the General Meeting. Article 16: Alteration of the statues, power for alteration The first chairman is authorized, together with one of the Vice-Chairmen to alterate this statutes, if these alterations are necessary for the registration at Wuppertal County Court. The above named persons are in addition authorized until the 31. December 2002, to alterate these statues beyond that, if they consider these alterations for necessary or useful. Munich, the 9th December 2009 |
------------------- General Info Tinnitus Hearing Loss Hearing loss is something that happens... Meniéres disease Sudden deafness More information about Sudden deafness will be presented soon... Psychological disorders combined with tinnitus
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