Please sign the Embassy's Guestbook
Visitors since October 14, 2006
|
|
Effective and professional using for Indians requires right knowledge.
| § 32 BGB | The affairs of the association are arranged, as far as they are not to be procured from the executive committee…, by adoption of resolutions in a meeting of the members. Articles of association can deviate from this regulation (3 40 BGB). |
| § 33 BGB | … (For a change of the statute… so far articles of association other regulation does not meet actual (§ 40 BGB) - a majority of three quarters of the published members necessarily. |
| § 34 BGB | A member is not enfranchised, if the adoption of resolutions concerns the Vornahme of a legal transaction with it or the introduction… a right controversy between it and the association. |
| § 35 BGB | Special rights of a member cannot be extracted without its agreement…. |
| § 37 BGB | Summoning of a meeting of the members upon the requests of the members… |
| § 38 BGB | The membership is transferable and not inheritable. The practice the member-genuine cannot be left to another. Exceptions are only possible, as far as articles of association permit this expressly (§ 40 BGB). |
| § 41 BGB | The association can be dissolved by resolution of the meeting of the members. |
| §§ 56/59 | The entry (the association) is to take place only if sieve the number of the members at least amounts to and also the statute were signed by at least seven members. |
| § 58 BGB | The statute “is” regulations contained over… the entrance and withdrawal of the members… whether and which contributions from the members to is to be raised… and be called up under which conditions a meeting of the members is. |
| § 72 BGB | The executive committee has to submit the district court on its demands at any time a certificate over the number of the club members. |
| § 73 BGB | If the number of the members sinks under three down, the district court has to extract… the legal capacity from the association. |
Member rights e.g. are.:
If a club member is limited his rights, it - if the association does not remedy - can walk on the course of law. If the impairment takes place via a resolution of the meeting of the members, must be complained by the member if necessary on statement of the nullity. In these cases (only) it is examined by the courts whether the resolution offends against a law or a statute or whether it concerns with the resolution an obviously roughly inequitable measure of the association.
Member obligations e.g. are.:
Already with the charge for meeting of the members the responsible representative body of the association has to send without being asked either the documents needed for the preparation to the members or to carry at least ensuring that the necessary documents can be seen by the members.
This duty to supply information continues for the association executive committee (and in appropriate application of the existing regulations also for the other representative bodies of the association) in the meeting of the members (§§ 27 exp. 3, 666 BGB) and applies also opposite the individual members. Each Vereinsmitlgied, which may participate in the meeting of the members, has the right to ask the executive committee over legal or actual conditions in the association. The individual members are also entitled to place or ask for the explanation from procedures to questions to submitted reports.
To the association executive committees are entitled also with economically important procedures no information information rightinformation right. They have to report therefore also on financial conditions truthfully.
With the right to participation in meetings of the association also the right is connected to discuss in the meetings by affairs of the association to make suggestions its opinion to express and suggestions give.
On demands the executive committee is committed to the meeting of the members, over all affairs of association to report (§§ 27 exp. 3, 666 BGB).
If disagreement exists over the range of the report obligation between the executive committee and the meeting of the members, an information auskunftsverweigerung of the executive committee can be if necessary also judicially examined.
The report obligation of the executive committee is supplemented by the so-called accountability of the executive committee (§§ 27 exp. 3, 666, 259 BGB).
Within one period of 1 to 2 years or in each by the statute planned meeting of the members, with special occurrences (e.g. with threatening insolvency and after completion of the office report is to be provided by the executive committee. This report serves to inform the meeting of the members about the situation of the association. The report must contain everything, which resulted on in the reporting period run off for the association substantial events. The incomes and expenditures of the association are to be summarized arranged and documented with vouchers.
Articles report and accountability are among other things:
The management if necessary to complain of is task of the meeting of the members. The executive committee may impair from the membership the adults of rights of the individual members in no way. Otherwise the association can become liable to pay damages opposite its members (§ 31 BGB), which can lead if necessary to the recourse to of the executive committee.
Requirements for information of individual members the executive committee must follow only if the member requires over procedures information, which concern excluding the member.
If the executive committee is taken up by the association because of a culpable (§276 BGB) management obligation injury, it cannot free itself with the reference to a contributory negligence of the meeting of the members from the adhesion. The meeting of the members are not incumbent on the executive committee order, an adhesion assumption or free design are connected with it however. The executive committee is solely responsible for the tasks which can be noticed by him.
For orders, which are directed against legal regulations or whose execution are not compatible with the statute, the executive committee is responsible always.
This applies also to individual Vorstandsmitlgieder. If a member of the board without authorization (see § 665 BGB) from a board resolution yields and if it represents the association in damage-causing way, a complete recourse is open.
An order of the executive committee takes place in principle via resolution of the meeting of the members (§ 27 exp. 1 BGB).
It can be found immediately after call of the appropriate item on the agenda of a meeting of the members over suggested candidates by choice.
(Text is supplemented.)
Back to the Hompage - Lakota Oyate information
|
|