(1) The name of the Association is "European Business Association". The official abbreviation is "EUBA".
(2) The headquarter of the Association and administration are in Frechen, Germany. It is registered in the register of Associations of the local court of Frechen.
(3) Fiscal year is the calendar year.
The Association is ideologically and politically neutral. It is selflessly active and has no self-economic goals. The funds of the Association may only be used for purposes set by this statue. The members receive no profit shares or other gratuitous donations from funds of the Association.
In case of dissolution of the Association or the abolition of tax-privileged purposes, the Association's entire assets will hand over to the "BE AID e.V.", which has its headquarter in Köln/Kerpen. Decisions on the future use of the Association's assets may only be made after the approval of the tax office, so that in any case the approval of the tax office must first be obtained for the future use of the Association's assets.
The Association pursues the following goals and purposes without any intention of profit and without business activity:
(1) To represent the interests of entrepreneurs of all sectors and professions to the public, politics, administration, trade unions and all other social groups. To help the middle-class economy, in accordance with its importance to the economy, to achieve its proper influence and with that at the same time, the objective to promote the economic development of small and medium-sized businesses in the European economic area.
(2) As a self-help organization of the economy to inform the members in a practical way, to advise and look after them and to promote cooperation and the exchange of experience between the entrepreneurs.
(3) To make entrepreneurs sustainable for global competition, in particular through innovations in business sustainability, taking into account competitiveness, key technologies and product development and increasing the external presence of small and medium-sized enterprises.
(4) Job creation and protection is also one goal of the Association. Furthermore, providing a positive image of companies and leaders in public.
(5) The promotion of collaboration with educational, scientific and research organizations, such as universities, schools and other educational institutions.
(6) The promotion and deepening of the economic relationship, in particular between Germany and other European countries.
(7) Giving entrepreneurs based in Germany advises on economic opportunities in the European economic area and other foreign countries, as well as demonstrating economic opportunities for investments in Germany.
(8) Providing assistance and advice in the economic and organizational issues, assisting in the creation of companies and in establishing contacts with domestic and foreign partners, representing them both domestically and abroad.
(9) The Association promotes solidarity among its members.
(1) The Association is acting in the European Union and has its aim set in § 2 of this document.
(2) Subordinate Associations active in Europe or freelancers with the same purpose, which recognize the statutes of the Association, can join the Association by paying contributions.
(3) The Association works with all groups of German and foreign origin in order to safeguard the interests of its members. It also advocates greater integration of international self-employed into existing organizations. In particular, the Association cooperates with other Associations or clubs to reach this purpose.
(4) The Association informs its members about the existing legal framework and represents the interests of the members.
(1) Members of the Association can be natural or legal persons who agree to support actively or materially the purpose of the Association and the Association's objectives.
(2) There should be ordinary, extraordinary and honorary members. Only the full members have the right to vote, to elect the presidium and to be elected to the presidium. The branches (local Associations) of the Association acquire the ordinary membership directly. All other members are extraordinary members with the admission, if they are not only accepted as honorary members. The honorary membership is free of charge.
(3) The membership is acquired upon written application by decision of the Presidium. The application should contain the name, age, occupation and address of the applicant.
(1) Membership ends by resignation, exclusion or death, in legal persons also by loss of legal personality. The resignation of a member is only possible at the end of a calendar year. It shall be made by written declaration to a member of the presidium with a deadline of 3 months.
(2) Exclusion of a member is done by decision of the presidium, if a member has seriously violated the goals and interests of the Association, if he no longer fulfills the requirements of the statute or when he is in delay with his contribution for three months despite two reminders. The exclusion can take place with immediate effect.
(3) A violation of the objectives and interests of the Association is also present when a member acts contrary to the democratically liberal constitution of the federal republic of Germany or if it is convicted after criminal proceedings.
(4) The member should get an opportunity to justify or comment before the decision is taken. Against a decision of exclusion the member can object within one month after the decision of the presidium. The general assembly is deciding in this case. Until the decision of the General Assembly following the expulsion the other rights and obligations of the member shall be suspended.
The organs of the Association are
a) the general assembly,
b) the presidium (bureau),
c) the honorary council.
(1) Only ordinary members are entitled to vote in the general assembly. Everyone has one vote. Legal persons are represented by their chairman alone, in their absence by the highest-ranking representative of the executive committee.
(2) The general assembly takes place at least once a year. It shall be appointed written by the presidium, indicating the agenda. The loading deadline is 2 weeks. The period begins with the day following the dispatch of the letter of invitation. Sent by post the date of the postmark is decisive. The invitation by e-mail is permitted. The letter of invitation is deemed to have been received by the member if it is addressed to the last address given in writing by the member of the Association.
(3) An extraordinary general meeting shall be convened if it requires the interests of the Association. Upon written request of at least 25% of all members of the Association, the presidium must convene an extraordinary general assembly within 6 weeks. The executive committee may convene an extraordinary general meeting at any time. The request of the members must contain the desired agenda item.
(4) The general assembly shall have a quorum upon proper invitation independent of the number of appearances. It chooses a chairman from among her own.
Decisions have to be made openly by a simple majority of the votes, unless the meeting decides otherwise. In case of a tie the poll will be taken a second time. In case of a second tie the decision will count as declined.
(5) A protocol shall be prepared for each general assembly, which shall be signed by the chairman and the secretary. The chairman of the meeting and the secretary are elected by the general assembly on proposal.
(1) Other than in Section 7 Number 4 stated, two-thirds of the votes cast in the general meeting are required to amend the articles of statue.
(2) Decisions of the association shall require a four-fifths majority at the general assembly. In both cases, more than half of the full members of the Association must be present. In the event of a quorum the presidium is obliged to convene a second general assembly with the same agenda within four weeks. The general assembly is quorate regardless of the number of members present. This should be indicated in the invitation.
(1) The general assembly, as the supreme decision-making part of the Association, is in principle responsible for all tasks, if not certain tasks under this statute have not been delegated to another part of the Association.
The general assembly elects the presidium from among the full members. Elected are the persons who collect the most votes. The election takes place secretly with ballots.
(2) The general assembly may elect members of the presidium. In difference to paragraph (1), it requires the 2/3 majority of the votes of the members of the Association present with voting rights.
(3) The general assembly decides on applications of members to be excluded by a decision of the presidium.
(4) The general meeting accepts the annual report of the presidium and the auditors' report and relieves the presidium.
(5) The general assembly shall decide on the budget plan of the statue every two years submitted by the presidium.
(6) The annual accounts and annual report shall be presented to the General Meeting in a written form to make decisions about approval and relieving the presidium. If necessary, it appoints a cash auditor who is not a member of the presidium or of a committee appointed by the presidium and may not be employees of the Association in order to examine the accounts, including the annual financial statements and to report on the results before the general meeting.
(1) The presidium consists of nine persons: President, general secretary, six vice-presidents and the treasurer. The term of office is five years. Re-election is permissible. The current presidium members remain in office after the end of their term of office until successors have been elected. The executive committee acc. § 26 BGB consists of the president, the general secretary and the treasurer.
(2) The presidium
• implements the decisions of the general assembly,
• Appoints the general assembly stating the agenda,
• takes the budget,
• creates the annual report,
• carries out all ongoing affairs of the Association.
(3) The general secretary of the Association shall be appointed by the presidium and is responsible for managing the business and business on behalf of the presidium administration of the Association. The general secretary is directly and exclusively responsible to the presidium. The scope and details of its competence and powers may be set out in rules of procedure to be adopted by the bureau.
(4) The bureau shall pass its decisions to bureau meetings convened in writing, by telephone, by fax or e-mail. The agenda need not be communicated in advance.
The Presidium has a quorum in the presence of at least four members. The President must be present for the quorum. He passes resolutions by majority vote. In case of a tie, the vote of the president decides. Resolutions of the presidium may also be taken in writing, by telephone, by fax or e-mail in case of urgency, if all members of the presidium declare their consent to this procedure in writing, by telephone, by fax or e-mail. In the event of a quorum, the president or the general secretary must convene within one week a second presidium meeting with the same agenda and a notice period of two weeks, which in any event constitutes a quorum. This should be indicated in the invitation.
(5) Two members of the executive presidium shall be jointly entitled to represent the Association in and out of court, in which case the president or the general secretary must be present.
(6) Changes to the statutes, which are required by supervisory, court or fiscal authorities for formal reasons may be made by the presidium on its own initiative. These changes to the articles of statue must be communicated to the next general meeting.
The presidium of the Association can appoint a council of honor from the members. Its task is to advise the presidium on questions of the Association's purpose. The scope and details of its competence and powers may be set out in rules of procedure to be adopted by the presidium.
(1) The necessary funds and resources of the Association shall procured amongst other things by
• membership fees,
• grants from the country, municipalities and other public bodies,
• from other statutory income.
(2) The membership fees depend on the contribution regulations. To determine the amount of the contribution and the due date, a simple majority of the members of the Association present and entitled to vote shall be required.
(1) The presidium may, if necessary, establish branch offices of the Association in other parts of the federal republic of Germany and abroad.
(2) The branches are independently organized and constituted as Associations with legal capacity in accordance with the respective national law. They carry the name "European Business Association e.V. [or Association abbreviation of the respective state], [name of the seat]".
(3) The presidium has the right to appoint or dismiss the directors of the branches. By changing their statutes the branches can regain the right to appeal and dismiss their directors.
(4) The branches carry the same logo and markings as the Association. Only accessories that designate the seat of the branch are allowed.
(5) The legal relationship between the Association and the establishment may be specified by a separately regulated coordination agreement.
These statutes with today's version come into force with the entry into the register of Associations.