Statutes - ELSA Germany

ELSA GermanyStatutesStatutes of ELSA Germany, June 2010ELSA-Deutschland e.V.Rohrbacher Straße 2069115 HeidelbergTel.: 06221 – 601458Fax.: 06221 – 601459Mail: info@elsa-germany.org

ELSAStatutes of ELSA GermanyStatutes of ELSA Germany§ 1 Aim ............................................................................................................................ - 3 -§ 2 Charitable status ..................................................................................................... - 3 -§ 3 Regular membership .............................................................................................. - 4 -§ 4 Begin of the regular membership and the Observership status ...................... - 4 -§ 5 End of the regular membership and the Observership status ......................... - 5 -§ 7 Non regular membership and honorary members ............................................ - 5 -§ 8 Advisory board and Sponsors‘ Pool .................................................................... - 5 -§ 9 Organs ...................................................................................................................... - 6 -§ 10 Council ...................................................................................................................... - 6 -§ 11 Quorum and validity of decisions ......................................................................... - 6 -§ 12 Significant Decisions .............................................................................................. - 7 -§ 13 Voting procedure and election .............................................................................. - 7 -§ 14 Executive committee and national board ............................................................ - 8 -§ 15 Audit .......................................................................................................................... - 9 -§ 16 Fees .......................................................................................................................... - 9 -§ 17 Accounts .................................................................................................................. - 9 -§ 18 Internal Regulations ............................................................................................. - 10 -- 2 -

ELSAStatutes of ELSA GermanyName, Official Seat, business year(1) The name of the association is "Deutsche Sektion der europäischen Jurastudentenvereinigunge.V.", abbreviation: "ELSA-Deutschland e.V."(2) The official domicile is in Heidelberg.(3) The business year is from 1 st August to 31 st July.§ 1 Aim(1)1 The association respects the statutes of ELSA International and supports its aims. 2 Theaim of this association is therefore the support and development of mutual understanding,cooperation and gatherings of law students and young lawyers from different countriesand different legal systems, especially in Europe, through common work in the fieldsof jurisprudence, education as well as within practical experiences.(2) The purpose of this association and its local groups is – by means of dealing with foreignlegal systems and experience personal contacts with students from other cultures – to increasethe appreciation of foreign legal systems and international relations and this way toenhance international understanding.(3) The association is neutral in terms of politics and also independent.(4) ELSA-Deutschland e.V. is the national head organisation of the local groups in Germanyand also member of the European Law Students' Association (ELSA), the internationalhead organisation with official domicile in Amsterdam.§ 2 Charitable status(1)(2)(3)1The association acts for only and directly charitable purposes in the meaning of the paragraph"Steuerbegünstigte Zwecke" of the German Tax code. The association acts altruisticand does not at first try to achieve profitable goals.1 Financial means are only to be used for purposes mentioned in § 2. 2 Members in theircharacter as members do not get any payments from the funds of the association. 3 Noperson or other association is to be given advantage by the use of expenditures in breachof § 2, disproportional reimbursements or other financial rewards.1 In case of liquidation or in case of loss of the charitable status ELSA Alumni Deutschlande.V. receives the funds of ELSA-Deutschland e.V. 2 The funds are only to be usedfor only and directly charitable purposes.- 3 -

ELSAStatutes of ELSA Germany§ 5 End of the regular membership and the Observership status(1)(2)(3)1 A member or observer can always notify the national board in writing that it wishes toterminate its membership or observership. 2 In that case the membership or observershipimmediately ends.1 The council can expel a member, or with a 2/3 majority an observer, if the member orobservera. does not meet the requirements named under § 4 anymore, orb. has not payed its fees since 4 regular council meetings, orc. strongly violated these Statutes, the Standing Orders or the decisions taken by thecouncil, ord. caused considerable harm to ELSA-Deutschland e.V., its observers or anyone withintheir responsibility.²The affected member has no voting rights when the council is voting in this regard.1 The observership ends with the confirmation of the membership status, the rejection ofthe proposal to become a regular member or with the end of the third regular councilmeeting in a row since gaining the observership status. 2The expulsion of an observer isregulated under § 6 (2).§ 7 Non regular membership and honorary members(1) 1Non regular members are persons or legal entities, which join the association to supportits aims and purposes. 2 The national board decides on the confirmation of the membershipand the level of fees.(2)1 The membership status for honorary members is for persons, who have served ELSA-Deutschland e.V. in an outstanding way. 2 The nomination has to be proposed by the nationalboard, which the council then decides on.(3) Each side can declare the termination of the membership status at any time.§ 8 Advisory board and Sponsors‘ Pool(1)1 For advisory services and support of its purposes the association keeps an advisoryboard. 2 The national board decides on the persons participating in the advisory board.(2)1 For the financial support of its aims the association has Partners. 2 The executive committeedecides on whom to have as Partners.(3) Members of the advisory board or Partners are not members of ELSA-Deutschland e.V.- 5 -

ELSAStatutes of ELSA Germany§ 9 OrgansOrgans of the association are the Council, the executive comittee, the national board andthe auditors.§ 10 Council(1) The council consists of the representatives of the regular members and the observers.(2) It is responsible for those duties as stated in the Statutes or Standing Orders as long asnot assigned to other organs, and for the decision making regarding matters of the associationif one member or the national board proposes.(3)1 There are two council meetings during the business year. 2 The council is to be summonedby means of written invitations including the agenda sent by the executive committeeat least four weeks before the council meeting takes place (date as postmarked).3The council can decide upon a change of the agenda. 4 All proposals, activity reports andmaterials which shall be sent out with the summoning have to be in hold of the SecretaryGeneral of ELSA-Deutschland e.V. at least 30 days before the council meeting takesplace.(4) 1Extraordinary council meetings are to be summoned by the national board if initiated bythe national board or if at least one third of the number of members of ELSA-Deutschland e.V. requests the summoning. 2 In this case variant to (3) Sentence 2 themembers have to be summoned at least two weeks before the extraordinary council meetingis taking place (date as postmarked). 3 Applying members are responsible for findingthe hosting group for the extraordinary council meeting. 4 Next to that the regulations forordinary council meetings apply.(5) The president of ELSA-Deutschland e.V. or one appointed by him is in charge of theconduction of the council meeting.(6) The council can decide upon rules of procedures.§ 11 Quorum and validity of decisions(1) The council in plenary sessions is only fully competent when during the voting procedureat least one quarter of the number of members is present or represented by anothergroup with a proxy.(2)1 If the number of members present or represented in the council does not reach thenumber necessary for being fully competent making decisions or if the council loses itscompetence of making decision due to loss of members present or represented, the executivecommittee is obliged to summon a new council meeting with the same agenda- 6 -

ELSAStatutes of ELSA Germanyimmediately. 2 This second meeting is taking place four weeks after the first council meeting,latest, and is fully competent irrespective the criteria named under (1). 3 This has to bestated clearly when summoning the council.(3)1 Each member has two votes plus one vote for every first of 50 members of the localgroup, as stated at the beginning of the council meeting. 2 The number of members of thelocal group has to be proved by handing over of a current list of members or by an affirmationin lieu of an oath. 3 If the number of members cannot be proved, the member onlygets 2 votes. 4 If the member can prove the number of its members during the councilmeeting the affected member will get its full number of votes in the following plenarysession.(4)1 Is one group in debts towards ELSA-Deutschland e.V., the council can deprive the votesof the affected group if proposed by the national board. 2 The affected group cannot participatein the voting procedure upon this regard.(5) Each member can only be one representative of one other local group.§ 12 Significant Decisions(1) The Statutes and Standing Orders can only be changed by the qualified majority of thecouncil.(2) The change of the aim of the association (§ 2) or the liquidation can only be approved byall of the members together.(3) Decision as named in (1) and (2) can only be made, if stated cleary when summoning thecouncil, including the new paragraphs of the Statutes, if the change of the Statutes isplanned.§ 13 Voting procedure and election(1)(2)1 Decisions by the organs of this association, unless these Statutes specify the contrary, areto be determined by a simple majority. 2 Simple majority is achieved, when the number ofvotes in favor is higher than the number of votes against. 3 If a qualified majority is required,2/3 of the votes, which have been notified the national board as present orrepresented, are necessary.1 Elected is, who has the majority of the votes present at the election. Otherwise – if thereare more than 1 candidates – in the second election who has the most of the votespresent at the election. 2 If the number of votes are equal between candidates, there has tobe an election just between those. 3 If there is still no decision afterwards, the election is tobe decided by drawing lots. 4 Members of the national board, auditors, hosts for national- 7 -

ELSAStatutes of ELSA Germany(3)events and council guests are to be elected within secret votes.1 Decisions and elections are to be registered by an elected secretary. 2 The minutes have tobe signed by the secretary and the chair of the council meeting.§ 14 Executive committee and national board(1)1 The executive committee consists of the president, the secretary general and the treasurer.2 Each of the members of the executive committee legally represents the association.(2) 1The national board consists of the executive committee and following positions occupiedby one person: Vice president for Marketing, vice president for Acadamic Activities,vice president for seminars and conferences and vice president for STEP. 2 The nationalboard is in charge of the day to day running and management of the association.(3) 1The executive committee and the national board are not competent to make decisions,if not at least half of their members under the conduction of at least one member of theexecutive committee are present. 2 Executive committee and the national board can alsodecide in circulate procedure.(4) Executive committee and national board can have rules of procedure.(5)1 Members of the national board are not allowed to have a position as a local officer orto work in a political party or any related organisations. 2 They are not allowed torepresent members at the council meetings.(6)1 Members of the national board are elected by the council for one business year. 2 If oneposition cannot be occupied, the term in office for the respective officer automaticallygets extended until his or her successor is elected. 3 If one member of the national boarddrops out during the business year, or if that position remains unoccupied also in thefollowing business year, the national board can appoint someone for replacement untilthe next council meeting, if that person has not been rejected by the council before.4 The council can expel one member of the national board for crucial reasons with themajority of the votes present at the voting procedure.(7) Members of the executive board fulfilling their obligations towards this association areonly liable for action with intent or gross negligence.(8) The council is responsible for the relief of responsibility of the national board.- 8 -

ELSAStatutes of ELSA Germany§ 15 Audit(1)1 The council elects auditors for the period of one business year. 2 They analyse the financialsituation and examine the accounts, especially the use of financial resources and thecash management.(2) The result of the audit has to be presented to the council.(3)1 The treasurer has to hand over the report regarding financial management accuratelytimed before the council meeting. 2 Next to that, the auditors are allowed to check financialdocuments at any time.(4) Every member of the executive committee can ask for an extraordinary auditing report orfor an extraordinary audit.§ 16 FeesRegular members and observers have to pay fees, whose rates and payment dates are tobe determined by the council.§ 17 Accounts(1) Liabilities/ budget fundsa.1 The national board sets up the budget for the business year and, if necessary, an appendixto the budget. 2 The budget provides a statement of how to use the funds of theassociation. 3 The budget has to be approved by the council.b. The association is responsible to pay all fees to ELSA International which ELSA-Deutschland e.V. as a member of ELSA International is obliged to pay, as well as travelexpenses due to the representation of ELSA-Deutschland e.V. during the InternationalCouncil Meetings, according to the financial limits of the budget.c.1 A maximum of 50% over the limit for unpredictable expenditures during official actionof the members of the national board can be reimbursed up to 75%. 2 In remarkablecases the council can decide upon a higher reimbursement.d. 1 Financial resources, which add up to the budget, can be distributed by the treasurer inagreement with the national board. 2 In this regard, single positions within the budgetmust not be higher than a maximum of 50%, if those financial resources are notbonded to a certain purpose. Any exceedance higher than mentioned in sentence 2 hasto be approved by the council.e. The treasurer can, in agreement with the national board, decrease single positions ofthe budget up to 50% and distribute released financial resources without any limit.- 9 -

ELSAStatutes of ELSA Germany(2) Cost compensation for local groupsa. In case a local group is realising one inter-regional project according to the ELSA programmes,the association has to compensate the costs or part of the costs, if they arenot covered by participation fees or grants and if financially possible for ELSA-Deutschland e.V.b. The compensation (2) a. is excluded, if the project is part of a bilateral exchange programmebetween local groups or if it has not been notified the national board in sufficienttime.c. The national board decides upon the accounts.(3) Cost compensation for members of the national boardExpenses of an officer arising when fulfilling his or her responsibilities are compensatedby the association according to its financial resources, at least part of them.a. Compensation of travel expenses1ELSA-Deutschland e.V. is covering travel expenses of the members of the nationalboard whilst fulfilling their obligations to this association. 2 ELSA-Deutschland e.V. iscovering travel expenses arising through journeys executed to achieve the aim of theassociation, at least with 15cts per kilometer driven. 3 The costs shall be as low as possible.b. Living1 ELSA-Deutschland e.V. provides a flat for every member of the national board, inclusiveadditional costs. 2 To have the costs as low as possible, flats for more than oneperson should be rented. 3 Additional costs should be as low as possible.c. Allowance1 For stays outside of Heidelberg or respective living place, which are necessary to fulfillthe obligations towards the association, members of the national board get an allowance.2 The allowance for 8 hours of absence on a daily basis is 5€, for 12hours absenceon a daily basis 10€ and from 16hours on a daily basis 15€. 3 The compensationis to be taken out from the personal positions within the budget and excluded if thecosts are not covered by other contributions. 4 If costs arise which are higher than theallowance they can be covered if proved to the treasurer of ELSA-Deutschland e.V.5 In disputed cases the national board decides.§ 18 Internal RegulationsFurther internal regulations can be determined by the council in the Standing Orders orother internal codes.- 10 -