Statutes of the association for intercultural coexistence - InterAktion

 

 

§ 1: Name, seat and field of activity

 

  1. The association bears the name "InterAktion - Verein für ein interkulturelles Zusammenleben".

  2. It is based in Trofaiach and extends its activities to the Austrian federal territory and abroad.

  3. The establishment of branch associations is not intended.

 

 

§ 2: Purpose

 

The association, whose activities are not for profit, aims to develop and support national and international integration, education and youth projects that promote peaceful, respectful and sustainable coexistence in Austria regardless of the differences in origin, culture, religion or worldview.

 

§ 3: Means to achieve the purpose of the association

 

  1. The purpose of the association is to be achieved through the ideal and material means listed in Paragraphs 2 and 3.

 

  1. Serve as ideal means

 

  • Training and further education offers, specialist and information events, conferences, workshops, seminars, lectures and discussions as well as international meetings that serve to exchange thoughts, ideas and approaches.

  • Issuing of publications.

  • National, regional and local initiatives to expand and strengthen intercultural coexistence.

  • Involvement of schools, associations, communities, business, science, NGOs and international organizations in ongoing activities.

  • Maintaining and expanding contacts and exchanging information with other national and international organizations that are active in the field.

 

  1. The necessary material resources should be raised through membership fees, membership fees, sponsorship contributions, donations, subsidies, sponsoring, financial sponsorships, bequests, income from events and other donations.

 

§ 4: Types of Membership

 

  1. The members of the association are divided into ordinary, extraordinary and honorary members.

 

  1. Ordinary members are those who fully participate in the association's work. Extraordinary members are those who promote the association's activities primarily by paying an increased membership fee. Honorary members are people who are appointed for this purpose because of special services to the association.

 

§ 5: Acquisition of membership

 

  1. Members of the association can be all physical persons, as well as legal persons and partnerships with legal capacity.

 

  1. The Board of Directors decides on the admission of full and extraordinary members. The recording can be refused without giving reasons.

 

  1. Until the formation of the association, the provisional admission of full and extraordinary members takes place through the association's founder, in the case of an already appointed board of directors through the latter. This membership only becomes effective when the association is established. If a board of directors is only appointed after the establishment of the association, the (definitive) admission of ordinary and extraordinary members will also take place by the founders of the association.

 

  1. The appointment as honorary member is made at the request of the board by the general assembly.

 

 

§ 6: Termination of Membership

 

  1. Membership expires through death, in the case of legal persons and partnerships with legal capacity through loss of legal personality, through voluntary resignation and through exclusion.

 

  1. The voluntary resignation can take place at any time, but this must be reported to the board in writing.

 

  1. The board of directors can exclude a member if the member is in arrears with the payment of membership fees for more than six months despite two written reminders with a reasonable grace period. The obligation to pay the membership fees that have become due remains unaffected.

  2. The expulsion of a member from the association can also be ordered by the board due to gross violation of other membership obligations and dishonorable behavior.

 

  1. The revocation of honorary membership can be decided upon by the General Assembly upon application by the Executive Board for the reasons stated in Paragraph 4.

 

§ 7: Rights and duties of the members

 

  1. The members are entitled to participate in all events of the association and to use the facilities of the association. The right to vote in the General Assembly as well as the active and passive right to vote are only available to ordinary and honorary members.

 

  1. Every member is entitled to demand that the board hand over the statutes.

 

  1. At least one tenth of the members can demand that the board call a general assembly.

 

  1. The members are to be informed by the board of directors about the activities and financial management of the association at each general assembly. If at least one tenth of the members request this, stating reasons, the board of directors has to give the members concerned such information within four weeks.

 

  1. The members are to be informed by the board of directors about the audited financial statements (accounting). If this happens in the General Assembly, the auditors are to be involved.

 

  1. The members are obliged to promote the interests of the association to the best of their ability and to refrain from anything that could damage the reputation and purpose of the association. They have to observe the association statutes and the resolutions of the association organs. Ordinary and extraordinary members are obliged to pay the membership fee and membership fees on time in the amount decided by the General Assembly.

 

§ 8: Association organs

 

The organs of the association are the general assembly (§§ 9 and 10), the board (§§ 11 to 13), the auditors (§ 14) and the arbitration tribunal (§ 15).

 

§ 9: General Assembly

 

  1. The general assembly is the "general assembly" within the meaning of the Association Act 2002. An ordinary general assembly takes place every two years.

 

  1. An extraordinary general assembly takes place on

 

  • Decision of the board of directors or the ordinary general assembly,

  • written application from at least one tenth of the members,

  • Requests by the auditors (Section 21 (5) first sentence of the Association Act),

  • Decision of the auditor / s (Section 21, Paragraph 5, second sentence of the Association Act, Section 11, Paragraph 2, third sentence of these statutes),

  • Resolution of a court-appointed curator (Section 11 (2) last sentence of these statutes)

 

took place within four weeks.

 

(3) All members must be invited to both the ordinary and extraordinary general assemblies at least two weeks before the date in writing, by fax or by email (to the fax number or email address provided by the member to the association) . The general assembly must be called with details of the agenda. The meeting is convened by the Board of Directors (Paragraphs 1 and 2 lit. a - c), by the auditor (Paragraph 2 lit. d) or by a court-appointed curator (Paragraph 2 lit. e).

 

(4) Motions for the General Assembly must be submitted to the Executive Board in writing, by fax or by email at least three days before the date of the General Assembly.

 

(5) Valid resolutions - with the exception of those relating to a motion to convene an extraordinary general assembly - can only be passed on the agenda.

 

(6) All members are entitled to participate in the General Assembly. Only ordinary and honorary members are entitled to vote. Each member has one vote. The transfer of voting rights to another member by means of a written authorization is permitted.

 

(7) The General Assembly has a quorum regardless of the number of people present.

 

(8) The elections and resolutions in the General Assembly usually take place with a simple majority of the valid votes cast. Resolutions to change the statutes of the association or to dissolve the association, however, require a qualified majority of two thirds of the valid votes cast.

 

(9) The chairman of the general assembly is chaired by the chairman, while his / her deputy is unable to do so.

 

 

§ 10: Duties of the General Assembly

 

The following tasks are reserved for the General Assembly:

 

  • Resolution on the budget;

  • Receipt and approval of the statement of accounts and the closing of accounts with the involvement of the auditors;

  • Election and removal of the members of the board of directors and the auditors;

  • Approval of legal transactions between auditors and the association;

  • Discharge of the board of directors;

  • Determination of the amount of the membership fee and membership fees for full and extraordinary members;

  • Granting and withdrawing honorary membership;

  • Resolution on changes to the statutes and the voluntary dissolution of the association;

  • Advice and resolution on other issues on the agenda.

 

§ 11: Board of Directors

 

  1. The board of directors consists of two members, namely the chairman and the secretary.

 

  1. The board is elected by the general assembly. If an elected member resigns, the board has the right to co-opt another elected member in his place, for which the subsequent approval must be obtained at the next general assembly. If the board of directors is absent at all or for an unpredictably long time without self-completion through co-opting, every auditor is obliged to call an extraordinary general assembly immediately for the purpose of electing a new board. If the auditors are also unable to act, every ordinary member who recognizes the emergency situation must immediately apply to the competent court for the appointment of a curator, who must immediately convene an extraordinary general assembly.

 

  1. The term of office of the board is 2 years; Re-election is possible. Every function on the board of directors must be carried out personally.

 

  1. The board of directors is convened in writing or orally by the chairman or, if the secretary is unable to attend.

 

  1. The board has a quorum if all its members have been invited and at least half of them are present.

 

  1. The board of directors makes its decisions with a simple majority of votes; in the event of a tie, the chairman has the casting vote.

 

  1. The chairperson is the chairperson, and if he is unable to attend, the secretary.

 

  1. Apart from death and the expiry of the term of office (Paragraph 3), the function of a member of the Management Board expires through dismissal (Paragraph 9) and resignation (Paragraph 10).

 

  1. The general assembly can at any time remove the entire board or individual members. The dismissal takes effect when the new board member or board member is appointed.

 

  1. The board members can declare their resignation in writing at any time. The declaration of resignation is to be addressed to the board of directors, in the case of the resignation of the entire board to the general assembly. The resignation will only take effect with the election or co-option (Paragraph 2) of a successor.

 

§ 12: Duties of the board

 

The board is responsible for managing the association. It is the "management body" within the meaning of the Association Act 2002. It is responsible for all tasks that are not assigned to another body by the statutes. The following matters in particular fall within its scope:

  • Establishment of an accounting system that meets the requirements of the association with ongoing recording of income / expenses and keeping a list of assets as a minimum requirement;

  • Preparation of the annual budget, the statement of accounts and the accounts;

  • Preparation and calling of the General Assembly in the cases of § 9 Paragraph 1 and Paragraph 2 lit. a - c of these Articles of Association;

  • Informing the association members about the association's activities, the association's management and the audited accounts;

  • Administration of the association's assets;

  • Admission and exclusion of ordinary and extraordinary members of the association;

  • Admission and termination of employees of the association.

 

 

§ 13: Special duties of individual board members

 

  1. The chairman / chairwoman manages the day-to-day business of the association.

The secretary supports the chairperson in managing the association's business.

 

  1. The chairperson represents the association externally. Written copies of the association require the signatures of the chairman and the secretary to be valid. In financial matters (assets, dispositions), the association's copies require the signatures of the chairman and the secretary to be valid. Legal transactions between a board member and the association require the consent of another board member and the association members.

 

  1. Legal authorization to represent the association externally or to sign for it can only be granted by the board members named in Paragraph 2.

 

  1. In the case of imminent danger, the chairperson is entitled, under his own responsibility, to make arrangements independently, even in matters that fall within the sphere of action of the general assembly or the board of directors; internally, however, these require subsequent approval by the responsible association body.

 

  1. The chairman / chairwoman chairs the general assembly and the board and is responsible for the proper financial management of the association.

 

  1. The secretary keeps the minutes of the general assembly and the board of directors.

 

  1. If he is unable to attend, the chairperson takes the place of the chairperson, the secretary, and the secretary.

 

§ 14: Auditor

 

  1. Two auditors are elected by the General Assembly for a period of two years. Re-election is possible. The auditors may not belong to any body - with the exception of the general assembly - whose activities are the subject of the audit.

 

  1. The auditors are responsible for the ongoing business control as well as the examination of the financial management of the association with regard to the correctness of the accounting and the use of funds according to the statutes. The board of directors has to present the necessary documents to the auditors and to provide the necessary information. The auditors have to report the result of the audit to the board of directors.

 

  1. Legal transactions between auditors and the association require the approval of the general assembly. In addition, the provisions of § 11 Paragraph 8 to 10 apply accordingly to the auditors.

 

§ 15: Court of Arbitration

 

  1. The association's internal arbitration tribunal is appointed to arbitrate all disputes arising from the association. It is an "arbitration institution" within the meaning of the Association Act 2002 and not an arbitration court according to §§ 577 ff ZPO.

 

  1. The arbitral tribunal is composed of three regular members of the association. It is formed in such a way that a party to a dispute names the board of directors in writing with a member as an arbitrator. Upon request by the board within seven days, the other party to the dispute nominates a member of the arbitral tribunal within 14 days. After being informed by the board within seven days, the nominated arbitrators elect a third full member to chair the arbitral tribunal within a further 14 days. With equality of votes among those proposed lots. The members of the arbitral tribunal may not belong to any body - with the exception of the General Assembly - whose activities are the subject of the dispute.

 

  1. The arbitral tribunal makes its decision after granting a mutual hearing in the presence of all its members with a simple majority. It decides to the best of my knowledge and belief. Its decisions are final.

 

 

§ 16: Voluntary dissolution of the association

 

  1. The voluntary dissolution of the association can only be decided in a general assembly and only with a two-thirds majority of the valid votes cast.

 

  1. This general assembly also has to decide on the liquidation - if there are association assets. In particular, it has to appoint a liquidator and make a resolution to whom he or she has to transfer the association assets remaining after the liabilities have been covered. If the association is dissolved or if the previously favored purpose of the association no longer applies, the association's assets remaining after the liabilities have been covered must be used for charitable, charitable or church purposes within the meaning of §§ 34 ff of the Federal Tax Code (BAO). As far as possible and permitted, it should fall to institutions that pursue the same or similar purposes as this association.