The statutes of the Frankfurter Förderverein zur Bekämpfung von Tumor­erkrankungen

Statutes of the Frankfurter Fördervereins zur Bekämpfung von Tumor­erkrankungen (FFBT) e.V.

As of 11/20/2009

In case of any discrepancies or disputes arising from the interpretation or application of this document, the German version shall prevail.

§ 1 – Name, registered office, financial year

Contributions are levied from members. The amount of the annual fee and its due date are determined by the board.

§ 2 – The purpose of the association

§ 3 – Membership

Any adult person may become a member of the association. The board decides on the written application. The application should include the name, age, occupation, and address of the applicant.

The applicant may appeal against the board's rejection, which must be justified. The appeal must be submitted to the board in writing within one month of receiving the rejection notice. The next regular general meeting will decide on the appeal.

§ 4 – Termination of membership

Membership ends

1. with the death of the member
2. by voluntary resignation
3. by removal from the membership list
4. by expulsion from the association

Voluntary resignation is effected by a written declaration to a board member. It is only permissible at the end of a calendar year with a notice period of three months.

A member may be removed from the membership list by resolution of the board if it is in arrears with the payment of contributions despite two reminders. The removal may only be decided after three months have elapsed since the second reminder was sent and the contribution arrears have not been settled. The removal must be communicated to the member.

A member may be expelled from the association by resolution of the board if it has grossly violated the interests of the association. Before the resolution is passed, the member must be given the opportunity to justify itself personally before the board or in writing within a reasonable period. A written statement from the member must be read out at the board meeting. The decision on the expulsion must be justified and communicated to the member by registered letter.

§ 5 – Membership fees

Contributions are levied from members. The amount of the annual fee and its due date are determined by the board.

§ 6 – Organs of the association

The organs of the association are

1. the board
2. by voluntary resignation
3. by removal from the membership list

§ 7 – The board

The board of the association consists of the chairman, the deputy chairman, the treasurer, and the secretary.

The association is represented judicially and extrajudicially by two members of the board, including the chairman or the deputy chairman.

§ 8 – Duties of the board

The board is responsible for all matters of the association, insofar as they are not assigned to other organs or persons by the statutes. It has the following tasks in particular:

1. Preparation of the general meeting and setting of the agendas
2. Convening the general meeting
3. Execution of the resolutions of the general meeting
4. Preparation of a budget for each financial year, accounting, and preparation of an annual report
5. Establishment of guidelines for the operation of the association's buildings and facilities
6. Conclusion and termination of employment contracts
7. Resolution on the admission, removal, and expulsion of members

The board is entitled to enlist the help of third parties in fulfilling its tasks. In particular, the board is authorized to appoint a person from among the board members or a third person as managing director, who is to manage the association's ongoing business in accordance with these statutes.

§ 9 – Term of office of the board

The board is elected by the general meeting for a term of four years, counted from the day of the election; however, it remains in office until the election of a new board. Each board member is elected individually. Only association members are eligible for election. If a board member resigns during the term of office, the board elects a substitute member for the remaining term of the resigned member.

§ 10 – Resolution

The board generally adopts its resolutions in board meetings convened by the chairman, or in his absence by the deputy chairman, in writing, by telephone, or by telegraph. In any case, a notice period of one week must be observed. It is not necessary to notify the agenda. The board is quorate if at least two board members, including the chairman or the deputy chairman, are present. Resolutions are passed by a majority of the valid votes cast. In the event of a tie, the chairman's vote decides. The board meeting is chaired by the chairman or, in his absence, by the deputy chairman. The resolutions of the board are to be recorded in a resolution book for evidence purposes and signed by the meeting chairman. The minutes should include the location and time of the board meeting, the names of the participants, the resolutions passed, and the voting results.

A board resolution may be passed in writing if all board members agree to the resolution to be passed.

The unification of several board mandates in one person is not permitted.

§ 11 – The Advisory Board

The Executive Board may appoint an Advisory Board. The advisory board has an advisory and supporting function. The advisory board consists of up to 5 members. It is appointed for a period of four years from the date of election; however, it remains in office until a new Advisory Board is elected. Each member of the Advisory Board shall be elected individually. Only Association members who have been members of the Association for at least two calendar years are eligible for election; this does not apply to the first members of the Advisory Board after the Association was founded. Members of the Executive Board cannot be members of the Advisory Board at the same time.

The Advisory Board has the task of advising the Executive Board on important matters. It informs itself about the affairs of the members of the association by holding consultation hours or in other suitable ways and makes proposals to the Board for the management of the association.

A meeting of the Advisory Board shall be held at least once every six months. The Advisory Board shall be convened by the Chairman or the Deputy Chairman of the Association in writing, by telephone or by telegraph with at least one week's notice. Notification of the rules of procedure is not required. The Advisory Board must be convened if at least two members of the Advisory Board request a meeting in writing from the Executive Board. If the request is not complied with within a period of two weeks, the Advisory Board members who have requested the convening of the Advisory Board from the Management Board are entitled to convene the Advisory Board themselves.

All members of the Board of Directors have access to the meetings of the Advisory Board, including the right to discuss, but no voting rights. The members of the Executive Board must be informed of the meetings of the Advisory Board. The meetings of the Advisory Board shall be chaired by the Chairman or, if he is unable to attend, by the Deputy Chairman of the Association; if he is also unable to attend, the meeting shall be chaired by the member of the Advisory Board who has been a member of the Association the longest. In case of doubt, the members of the Advisory Board present shall determine the chairperson of the meeting.

The Advisory Board forms its opinion by passing resolutions. Resolutions are passed by a majority of the valid votes cast.

If a member of the Advisory Board resigns prematurely, the Advisory Board shall elect a replacement member for the remaining term of office of the resigning member.

The resolutions of the Advisory Board must be entered in a resolution book for evidence purposes and signed by the respective chairperson of the meeting.

§ 12 – General meeting

Each member - including honorary members - has one vote at the General Meeting. Another member may be authorized in writing to exercise the voting right. The authorization must be issued separately for each General Meeting. However, a member may not represent more than three third-party votes.

The General Meeting is exclusively responsible for the following matters:

1. Approval of the budget prepared by the Board of Directors for the next financial year; acceptance of the annual report of the Board of Directors; discharge of the Board of Directors
2. Determination of the amount and due date of the annual contribution
3. Election and dismissal of members of the Executive Board and the Advisory Board
4. Resolution on amendments to the Articles of Association and on the dissolution of the Association
5. Resolution on the appeal against the rejection of the application for admission and on the appeal against an exclusion decision by the Board of Directors
6. Appointment of honorary members

In matters that fall within the remit of the Board, the General Meeting may make recommendations to the Board. For its part, the Board may seek the opinion of the General Meeting on matters within its area of responsibility.

§ 13 – Convening the General Meeting

An ordinary general meeting shall be held at least once a year, if possible in the last quarter. It shall be convened by the Board of Directors in writing, giving two weeks' notice and stating the agenda. The notice period begins on the day following the dispatch of the invitation letter. The letter of invitation shall be deemed to have been received by the member if it is sent to the last address provided to the association by the member. The agenda is set by the Board of Directors. The agenda may be supplemented or amended by a majority vote of the General Meeting at the meeting; this does not apply to amendments to the Articles of Association.

§ 14 – Resolution of the General Meeting

The General Meeting is chaired by the Chairman or, if he is unable to attend, by the Deputy Chairman or a member of the Board of Directors present. If no member of the Board of Directors is present, the meeting shall appoint the chair. In the case of elections, the chairing of the meeting may be delegated to an election committee for the duration of the ballot and the preceding discussion.

The secretary is appointed by the chairperson of the meeting; a non-member may also be appointed as secretary.

The type of voting is determined by the chair of the meeting. The vote must be conducted in writing if one third of the members present at the vote so request.

The General Meeting is not open to the public. The chairman of the meeting may admit guests. The General Meeting decides on the admission of the press, radio and television.

The General Meeting constitutes a quorum if at least one third of all members of the association are present. If there is no quorum, the Executive Board is obliged to convene a second General Meeting with the same agenda within four weeks; this meeting shall constitute a quorum regardless of the number of members present. This must be indicated in the invitation.

The General Meeting generally passes resolutions by a simple majority of the valid votes cast; abstentions are not taken into account. However, a majority of three quarters of the valid votes cast is required to amend the Articles of Association, and a majority of four fifths is required to dissolve the Association. A change to the purposes of the association can only be resolved with the consent of all members of the association. The written consent of members not present at the general meeting can only be declared to the Executive Board within one month.

The following applies to elections: If no candidate has achieved a majority of the votes cast in the first ballot, a run-off vote shall be held between the candidates who have received the two highest numbers of votes. The candidate with the highest number of votes is elected.

Minutes must be taken of the resolutions of the General Meeting, which must be signed by the respective chairman of the meeting and the keeper of the minutes. The minutes should contain the following information: Place and time of the meeting, the person chairing the meeting and taking the minutes, the number of members present, the agenda, the individual voting results and the type of vote. In the case of amendments to the Articles of Association, the exact wording should be stated.

§ 15 – Subsequent motions to the agenda

Any member may submit a written request to the Executive Board no later than one week before the date of the General Meeting for additional matters to be added to the agenda. The chairman of the meeting must add to the agenda accordingly at the beginning of the General Meeting. The General Meeting shall decide on motions to add items to the agenda that are not submitted until the General Meeting. A majority of three quarters of the votes cast is required for the motion to be accepted.

§ 16 – Extraordinary general meetings

The Executive Board may convene an extraordinary general meeting at any time. This must be convened if the interests of the association require it or if one third of all members request it in writing, stating the purpose and reasons. Sections 12, 13, 14 and 15 apply accordingly to the extraordinary general meeting.

§ 17 – Dissolution of the association

The dissolution of the association can only be decided at a general meeting. Unless the General Meeting decides otherwise, the Chairman and the Deputy Chairman are jointly authorized liquidators. The above provisions shall apply accordingly in the event that the association is dissolved for any other reason or loses its legal capacity.