Scientific Academy for Service Technology (ServTech) e.V.
§1 Name and Domicile
Founded in 2007, the association bears the name "Scientific Academy for Service Technology e.V.", hereinafter abbreviated as "ServTech". The registered office and place of jurisdiction of the Association is Potsdam. The fiscal year of the Association is the calendar year.
§2 Aims of the Association
- The association pursues exclusively and directly non-profit making aims in the sense of the section "tax-privileged goals" of the fiscal code. The purpose of the association is the promotion of science, research, development, application, and qualification in the area of software system integration and service-oriented software engineering. In particular, the aim of the statute is fulfilled through application-oriented scientific research and development and the planning and staging of events and training courses in the field of software engineering as well as the integration of heterogeneous company applications. Results are to benefit the general good; for example through publications in specialist magazines, scholarly journals, and conference volumes.
- The association employs academic and other personnel to reach its aims.
- The association is altruistic: it does not predominantly follow its own commercial ends. Association funds are to be employed only for purposes which correspond to the provisions of this statute.
- The association may not accord expenditure or disproportionately high emolument to any natural or legal person whose own goals are not those of the association.
- The association can be divided into different sections, according to subject or research area. The establishment of new sections can be carried out upon the recommendation of the executive committee after a decision by the general meeting of members, reached by a 2/3 majority.
- In pursuit of its goals, the association collaborates with different universities, companies, authorities, and appropriate organizations.
§3 MembershipAny natural or legal person can become a member of the association. The application for admission is to be addressed to the executive committee. Admission of new members follows the decision of the committee with a 2/3 majority. Upon admission, the new member is to acknowledge the statute of the association. Membership expires upon death, a notice of resignation, or expulsion. Resignation is possible under adherence to a period of notice of three months. It should be declared to the committee in writing in a registered letter. The committee can expel a member from the association with a 2/3 majority on important grounds if the behaviour of the member grossly infringes the interests of the association or its statutes. Notification is to follow in writing. Before the expulsion is pronounced by the committee, the member is to be given the opportunity to make a statement to the committee. With the termination of the membership, all member rights resulting from membership expire as well as all claims upon the association.
§4 Rights and Duties of the MembersThe members have the right to take part in the general meeting of members of the association, to make applications, and to exercise their vote. Every voting member has one vote. Non-expended fees of a current financial year will be carried forward to a new balance in order to fulfil the aims of the association. Association funds may be used only for activities corresponding to the statutes of the association. The members are not permitted to participate in the profits and in their capacity as members may not take receipt of any other gratuities from funds of the association. Upon leaving the association or its dissolution, they will receive nothing more than the common value of any contributions in kind made.
§5 Fees and DonationsThe funds of the association will be raised in particular via public grants, donations, extraordinary grants, and through considerations for services rendered including fees. Donation contributions must have been received before the end of the calendar year for which they are intended.
§ 6 AssetsThe budget of the association is drawn up by the committee in consideration of the financial requirements of the association for the proximate year. Non-expended sums are carried forward to a new balance. The financial statement for the respective current fiscal year is approved by the board of directors and audited by an auditing company within the framework of an annual financial statement.
§7 Organs of the Association
- The organs of the association are:
- The executive committee and
- The general meeting of members
- The committee of the association consists of a minimum of two (2) executive and up to three (3) further members. The committee members are elected by the general meeting of members for three years. The committee will draw up its rules of procedure.
- The committee, in the sense of § 26 BGB, consists of the two executive committee members. They represent the association individually.
- An annual general meeting of members will take place at least once a year. All members are to be invited to the AGM in writing. The AGM is summoned by the committee. A written application for a general meeting of members is sufficient to oblige the committee to summon a general meeting of members. The invitation to the general meeting of members from the committee must be issued at least 14 days before the date set for the meeting. The general meeting of members takes decisions with a simple majority; decisions regarding an alteration to the statutes require a 2/3 majority. A decision is valid even without a general meeting of members if all members are informed of the matter of the decision to be taken in writing, by facsimile, or in electronic form (e-mail), and all members issue their assent in writing, by fax or in electronic form. Minutes are to be taken of the general meetings and are to be signed by both the individual recording them and one of the committee members. Decisions taken outside of a general meeting of members are to be documented in the same fashion.
- The committee is responsible for all matters pertaining to the association as far as they are not expressly assigned to the general meeting by the statute. All committee members are engaged on a voluntary basis.
- The term of office of a committee member ends:
- upon replacements after the expiry of the term of office;
- upon resignation of the office;
- upon dismissal by the general meeting of members;
- upon the retirement or resignation of the committee member from the association;
- upon death.
§8 Advisory BoardThe association can summon an advisory board upon the decision of the executive committee. The advisory board is to support the association in an advisory capacity. Board members leave the board upon written notification to the committee or following a committee decision met by a 2/3 majority. The sessions of the advisory board are summoned and lead by the executive committee. The members of the advisory board are engaged on a voluntary basis.
§9 Sponsoring AssociationIn order to promote the goals of the association, a general meeting of members can found a sponsoring association. The decision is to be carried out by the committee.
§10 DissolutionPetitions for the dissolution of the association can be made only by the committee or from at least a quarter of the members of the association. The decision regarding the dissolution of the association is to be taken by a 2/3 majority of all members at a general meeting of members summoned in the correct manner. If less than 2/3 of the members are present, a new meeting can be summoned which can resolve upon the dissolution with a simple majority of the members present. The assets of the association, as far as they exceed the deposited capital share of the members and the common value of the contributions in kind made by the members is transferred to an official establishment or a non-profit making organization according to the decision of the general meeting of members. The liquidation is to be carried out by the committee.
§11 Association YearThe association year runs from 01.01 until 31.12. The first association year runs from the day of the foundation until the end of the year.
§ 12 Severability ClauseShould individual provisions of this statute be or become ineffective, the binding nature of the other provision remains unaltered. An ineffective provision is to be replaced by a legally effective provision by the meeting of members, the effect of which is to correspond to the original intention of the provision as far as is possible.
§ 13 Transition PrescriptionAs far as objections are raised regarding sections of the founding statute by the office of registration, every committee member is empowered to alter this section in order to correct the objections. The statute takes effect on the day of its entry in the Register of Associations.
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