Statutes of focus-europa e. V.
§ 1 Name and seat
The association is named „focus-europa - Society for the Advancement of the regional and interregional cultural Exchange concerning the Fine and the Visual Arts - Art without borders". It is situated at the communitiy of Neudrossenfeld, Upper Frankonia, Bavaria, Germany, and is part of the register of Associations at the Local Court of the city of Kulmbach.
§ 2 Intended Purposes
1. Aim of the association is the advancement of the cultural exchange in Europe, especially the presentation, promotion and integration of culture in the areas of the Fine Arts ( for example music, literature, theater, New Media" and the Visual Arts like painting, graphic arts, photography, sculpturing and architecture) in Upper Frankonia and their exchange with European regions by:
− skill enhancement programs like seminaries, courses and workshops with renown artists and lecturers
− audience orientated activities like exhibitions, concerts, theater (national and international)
− cooperation with artists, associations, private institutions and public organisations as far as those are aiming for the same purposes with the goal to advance networking and coordination
2. In order to fulfill the purposes of the statutes there will be the following activities of the association:
− attraction, preparation and managing of artists in order to take an active part at events like speeches, lectures, concerts and exhibitions as well as skill and knowledge enhancement of persons who are interested in arts
− teaching measures especially for the needs of young artists
− - creation of all European networks aimed for the promotion of the exchange of art and culture
3. The association aims exclusively and directly at non-profit purposes like they are demanded in the paragraph "Tax-advantaged purposes" of the German fiscal code. The funding of the purposes of the statutes is provided by member fees, public sponsoring, the collection of donations as well as by the earnings of the associations financial means.
§ 3 Unselfishness and Usage of Funds
1. The society acts unselfishly. It doesn`t aim most importantly on financial benefits.
2. Funds of the society may only be used for means according to the statutes.
3. No person may be favoured by expenses which are not according to the statutes or by excessively high earnings.
4. All members of the society act voluntarily.
1. The members of the association consist out of artists and sponsoring members. The members who are included as artist members or were elected so later have in addition to all rights and duties of all members the special rights and duties according to § 4 Nr. 3 of this statutes.
2. Members of the society can be personal members or juridical persons of the civil or the public law.
3. All members shall guarantee to realize the goals of the statutes of the society and to strengthen the reputation of the society. Especially the artists of the society are asked to improve actively by their works the goals of the society. The sponsoring members shall help to fulfill the goals of the society by participation at the activities of the society, for example by exerting administrative or logistic responsibilities, by supporting advertisement, aid at singular projects or by their membership fee.
4. Membership will be achieved by a written confirmation and its approval by the executive committee. The confirmation of membership must include the declaration if the future member wishes to be an artist member or a sponsoring member. The executive committee decides about the acception as a sponsoring member with the majority of its votes. The chief technical consultant decides, in agreement with two experts, the admission of an artist; majority of votes is valid. The experts have to be confirmed by the board and the board has to agree with the admissive decision. If the majority of votes fails, the decision will be directed back the advisory council. If the votes do not change in a second vote the candidate is refused. A sponsoring member can be declared an artist member on request by the executive committee. Concerning the decision of the executive committee it has to be based on § 4 Nr. 3 Line 4 of this statutes.
The membership as an artist consists additionally out of the right and the obligation to present the own works as part of events organized by the society or projects according § 2. The participation in each case will be decided by the executive committee after an audition of an elected jury.
5. Membership ends
a) by death
b) by written declaration of departure
c) by formal exclusion by the executive committee if a member may have acted ruthlessly against the goals of the society.
§ 5 Membership Fees
The amount and the settlement date of the membership fees will be decided by the general meeting.
§ 6 Organization of the Society
Organizations of the society are
a) The general meeting
b) The executive committee
§ 7 General Meeting
1. The general meeting shall take place once a year.
2. The general meeting is the most important organization of the society. It will be called for by an executive committee`s letter announcing the agenda. The invitation can be done by email if the member showed its consent for it. The consent can be expressed together with the declaration of membership or any time after written and by telling the member`s email address.
The invitation has to be made four weeks before the general meeting whereas for maintaining the fixed time the day of delivering the letters to the mail or of sending the email will be decisive. The agenda of the general meeting can be added to with a majority of ¾ of the members of the general meeting.
3. An extraordinary general meeting can be called for by the demand of a third of all members. In this case the executive committee is obliged to invite to an extraordinary general meeting within two weeks respecting the fixed time defined in Nr. 2.
4. The general meeting is especially responsible for
- Electing and recalling the members of the executive committee
- Electing and recalling the auditors who cannot be members of the executive committee.
- Decisions about the change of the statutes or about the disbanding of the society
- Receiving the annual report of the executive committee as well as exonerating the executive committee
5. The general meeting is able make decisions without regard to the amount of members present in case that the invitation took place orderly. Decisions at the general meeting can be made with the majority of votes of the present members.
6. If at least one of the present members wishes a written and secret vote this wish has to be fulfilled.
7. Changes of the statutes need the consent of ¾ of the present members of the general meeting. § 7 Nr. 5 is not valid for decisions about changes of the statutes.
8. The disbanding of the society can only happen by calling for a special general meeting which has to be invited for with a fixed time of six weeks and ¾ of the present members. § 7 Nr. 5 is not valid for decisions about the disbanding of the society. The general meeting also decides about the way of liquidation.
9. A record has to be done about the decisions of the general meeting. The record has to consist out of:
- Day and time of the general meeting
- Name of all present members of the executive committee
- Agenda and applications
- Result of votes, exact wording of made decisions
The record has to be approved and signed by the chairman and the secretary.
§ 8 The Executive Committee
1. The executive committee consists of the president and up to four vice-chairmen, the treasurer and the secretary. They have to be members of the association.
2. The association is legally represented by two members of the executive committee.
3. The members of the executive committee will be elected in the general meeting for the duration of three years. They stay in office up to the new election. A member of the executive committee can be asked to resign before by a vote of the general assembly. The decision about the early resignation needs a vote of 2/3 of the present members of the general assembly.
4. The executive committee makes its decisions in sessions that are announced by the president or one of the vice chairmen without formal obligations.
The executive committee is able to make decisions if at least half of its members are present. The sessions of the executive committee will be led by the president or if he is unable to be present by one of the vice-chairmen. A report has to be made at any of these sessions. The report has to be made according to § 7 Nr. 9.
5. The executive committee works voluntarily and his actions have to be based on procedural rules it has to define for itself.
6. a) In order to be able to promote the areas of fine and visual arts mentioned in § 2,1 and to take care of and coordinate them the executive committee calls chairmen out of the members of the association for a duration of three years who are about to support the actions of the association in their special area of competence. Closer duties are defined in the procedural rules of the executive committee.
b) For special care and advice the executive committee announces a board of trustees that can consist out of up to six persons. Every trustee will be called into office for three years by an unanimous vote of the executive committee. Representatives out of the area of politics, administration, church, science, business and culture shall be preferably taken into consideration. Even persons who are not members of the association can be called into the board of trustees.
7. For the preparation and the choice of projects mentioned at § 2 the following is due:
a) Suggestions for projects in the sense of § 2 can be made by any member, any chairman, the board of trustees and the executive committee. The suggestion has to be handed in in writing. The project has to be shortly described regarding § 2 and thus concerning its preparation, organisation and carrying out process. Furthermore its range of participants and the team leader of the project have to be suggested.
b) Every project suggestion has to be made together with a sound financing plan.
c) The executive committee revises and evaluates the project suggestions and passes it to the association jury for counseling and decision making. Incomplete project suggestions can be handed back to the suggester in order to be revised.
d) The association jury consists out of chairmen, project leaders and trustees. It has a session at least every six months and if needed also more often. It decides which of the suggested projects will be realized according to § 2.
The procedural rules of the executive committee are also valid for the association jury. The association jury decides with regard to the aptitude of the suggested project concerning the associations goals and purposes as well as the ability of financing it in the sense of an long term sustainability of the associations actions.
e) The executive committee can only realize projects that are decided and approved by the association jury. The executive committee is able to turn down a project if it is not according to the associations goals and purposes as well as to the ability of financing it in the sense of an long term sustainability of the association actions.
f) For projects defined by § 2 the executive committee can call project leaders who are in the charge of the realization of projects and also responsible for that. The executive committee can give them an authorization which is limited concerning financial resources and content in order to be represented as far as it is needed for the realization of the project. The closer details are defined in the procedural rules of the executive committee.
8. The executive committee is responsible for all matters of the association as far as they are not defined in the statutes of the general assembly. It is especially responsible for the realization of projects concerning § 2 for "focus-europa".
There are the following tasks:
− Reception of the annual budget and deciding guidelines for the expense of association funds.
− Announcing an independent auditor as far as there are no two auditors elected by the general assembly
− Writing an annual report
− Decision making about the admission, deletion or exclusion of members
− Preparation of and invitation to the general assembly, setting the assembly's agenda as well as carrying out the decisions of the general assembly
The calendar year is the financial year
§ 10 Liquidation
In the case of dissolution or caused by the disappearance of tax concessive purposes the funds of the association will go to the community of Neudrossenfeld which is demanded to spend the money in areas of public education or for charitable cultural purposes without delay. For decisions about the spending of the remaining funds the tax authorities have to be asked for.
If there are singular regulations of the statutes or another newly accepted regulation that turn out to be wholly or partially ineffective or unfeasible the validity of the statues for the remaining stays untouched. In this case the invalid or unfeasible regulation may be changed a decision of the general assembly or being completed so that the invalid regulation meets the purpose regarding legal obligations. The same has to be done, if at the carrying out of the statutes a gap may appear which has to be completed.
As far as it is not ruled in this statutes legal obligations are valid.
Decided by the general assembly March 4th, 2009.