Articles of Association
Valid version: resolved at the General Assembly on 29 September 2010 in Lisbon. The registration of the Articles of Association took place on 22 March 2011 in Düsseldorf.
— An updated German version which was resolved at the General Assembly on 12th/13th of January 2016 can be found here. —
§ 1 Name, Registered Office, Fiscal Year
- The European Association of Institutes for Vocational Training (EVBB), hereinafter referred to as European Association, is a European umbrella organization registered in the German register of associations in Düsseldorf.
- Registered office and court of jurisdiction of the Association is Düsseldorf. Business is carried out at a registered office of the branch office. This may also be located in another EU country.
- The fiscal year is the calendar year.
§ 2 Objectives and Purpose
- The duty of the European Association is promoting youths and adults alike in the following areas:
a) providing a liberal education in terms of social, economic and sociopolitical issues taking particular consideration of European policies and policies towards the developing world based on a socially binding, liberal economic and social order,
b) promoting technical, vocational or industrial qualification, continuing education and advanced training in addition to retraining,
c) providing scientific education,
d) providing education with regard to personal or family issues,
e) promoting qualification, continuing education and advanced training in the fields of geriatric care, work with the disabled and nursing services,
f) developing media and its use,
g) promoting environmental qualification.
- Awareness of these duties listed is administered at the many locations by the members.
- The European Association has specifically set as its purpose promoting work in vocational education, promoting cooperation among its members and developing, maintaining and encouraging the exchange of information among the members and the national associations, state associations, and scientific institutes, the EU Commission and its institutes of education and all further institutions and organizations with similar objectives.
- The activities of the European Association are not focused on business operations or making a profit. It serves solely and exclusively non-profit purposes within the meaning of the General Fiscal Law as it is valid in the Federal Republic of Germany in the section “tax-privileged purposes” Any surpluses are solely to be used for statutory purposes. The members receive no benefits from the Association funds. No person may benefit from any administrative tasks that are beyond the aims of the Association or that have a disproportionately high remuneration.
- The European Association (umbrella organization) may found national associations. The national associations are members of the European Association. The European Association It represents the common interests of its members in front of the institutions of the European Union, national and supranational authorities and institutes and the Association and the general public. It is responsible for handling any of the fundamental questions affecting all of the members in general. The autonomy of the members may not be limited by any measures set by the European Association and its institutions. Conforming to the aim of the European Association however, any fundamental issues needing to be dealt with are to be subjected to a prior vote of the members.
- The European Association maintains a neutral stance with regard to the religious, racial and political conviction of its members.
- The European Association supports, engages in or regulates its agenda among others with the following measures and projects:• international exchange of trainers and trainees
• exchange of information on business and association levels
• conducting conferences and advanced training seminars at a national and international level
• cooperation in setting up vocational education and training and continuing education measures along with retraining
• cooperation between schools and businesses
• international exchange among youths wanting to get to know the economic, cultural and social life of the host countries
• training in foreign languages
• cooperation betweens universities and businesses.
- The European Association may found national associations and may admit associations as national associations.
§ 3 Membership
- The European Association consists of regular, associate and promoted members and honorary members. They may be natural persons or corporate bodies. Associate members, promoted members and honorary members have the same rights and obligations as regular members with the exception of elective and voting power. The decision on the amount of the membership fee for associate members, promoted members and honorary members is made by the executive committee.
- Those persons who have rendered outstanding services to the EVBB may be awarded by the executive committee the title of “Honorary Member of the European Association of Institutes for Vocational Training (EVBB)”.
- Membership ceases upon death, resignation or expulsion.
- The executive decides upon the acquisition of membership with two-thirds majority.
- The members may give notice of the termination of their membership. The termination is to be made in writing with a registered letter to the President of the European Association at a period of six months prior to the end of the fiscal year.
- The executive committee may expel a member from the European Association with due cause. The member is to be informed of this expulsion by registered letter. The member may object to the decision within a time period of four weeks.
The General Assembly has the final decision on the objection under exclusion of legal proceedings.
- Upon termination of the membership any and all claims to the European Association are also terminated.
§ 4 Bodies
The bodies of the European Association are:
- the general assembly
- the executive committee
§ 5 The General Assembly
- All members are entitled to participate in the general assembly. Each regular member has one vote.
- Authorized representatives must be identified beforehand in writing.
The general assembly meets at least once a year. The general assembly is called and chaired by the president; in case of the president being prevented by the president’s deputy.
- The members of the European Association are to be specially invited at least 14 days in advance to the regular general assembly by a letter delivered by post, providing an agenda for the general assembly. The invitation may also be sent via e-mail or fax.
- A non-scheduled meeting of the general assembly may be called if
a. 20 percent of all members demand such a meeting or
b. the executive committee deems it to be necessary.
In such a case the deadline for invitations may be shortened to seven days.
- Each duly convened general assembly constitutes a quorum. The decisions are made by the simple majority of those present and those members authorized to vote. Decisions on an amendment of the Articles of Association may be made with at least ¾ majority of the votes cast.
- The general assembly is responsible for
a. electing the members of the executive committee,
b. approving the business plan and the membership fee regulations,
c. the resolution of the annual financial statement,
d. approving the actions of the executive committees,
e. selecting an auditor,
f. amending the Articles of Association and dissolving the European Association,
g. deciding on objections to the expulsions.
- Records are to be kept in the general assembly in which the decisions made and the results of elections are noted. The records are to be signed by the head of the general assembly and to be delivered to all members.
§ 6 The Executive Committee
- The executive committee consists of at least five and at most fifteen persons.
- The executive committee elects one of its own to be president and selects up to five vice-presidents, one of which is the treasurer. Within the meaning of section § 26 of the Civil Code (BGB) of the Federal Republic of Germany the board is made up of the president, his/her vice-presidents and other elected members of the executive committee.
The president or one of the vice-presidents represent the Associations with one additional member of the executive committee each.
- The term of office of the executive committees is three years. The executive committee remains in office until new elections have been arranged and carried out
- The executive committee shall make its decisions with a majority of votes. Each member of the executive committee has one vote. At a parity of votes, the vote of the president shall break the tie.
- The executive committee regulates cooperation among the members and the national associations of the European Association and sets up guidelines for working within the framework of the Articles of Association. The duties of the executive committee further include monitoring current business, calling and preparing the general assembly as well as any other matters which are not governed by the general assembly.
- The executive committee may form panels, advisory committees and boards of trustees for certain tasks or may entrust individual members of the executive committee with special tasks.
- The executive committee appoints a secretary general and, if need be, a deputy to conduct statutory business. The secretary general is a member of the executive committee for the duration of his/her appointment. The deputy secretary generals take part in meetings of the executive committee as consultants.
- The executive committee may award the former president with the title “Honorary President of the European Association of Institutes for Vocational Training (EVBB)”. Honorary presidents may take part in any meeting of the bodies of the EVBB as a consultant.
- The executive committee may appoint members of the national associations to be associate members in the executive committee.
- The members of the executive committee and the officials statutably appointed shall receive no remuneration.
They may, however, be reimbursed with a reasonable fixed rate representation allowance and travel expenses based on the meeting.
- The amount of the fixed rate representation allowance is to be determined by the general assembly.
§ 7 Membership Fees
The membership fees are levied from the members of the European Association according to the specific membership fee regulations. The membership fee regulations are determined by the general assembly.
§ 8 Dissolution of the European Association
- The dissolution of the European Association may only be decided upon at a general assembly meeting on this topic.
- At least ¾ of the members must be present at this general assembly; a decision requires a ¾ majority of all votes cast. Should the first assembly not constitute a quorum, a second general assembly with the same agenda is to be called within four weeks. This general assembly shall constitute a quorum in any case. Upon dissolution of or suspension of the Association or in the case of lapse of one of its previous aims, the assets of the European Association shall be transferred to the International Red Cross in Geneva, Switzerland, on the condition that it is to be used for charitable purposes only.
§ 9 Expulsion from the Association
- The expulsion of one of the members may take place at the request of another member of the general assembly at the decision of the executive committee, if the behaviour of a member grossly violates the interests of the European Association or if the member is in arrears and remains so in spite of having been repeatedly sent reminders.
- The expulsion of one of the members must be a separate item on the agenda of an executive committee meeting and must be made known to all of the members of the executive committee in due time. Prior to pronouncing the resolution the member to be expelled shall be given the opportunity to speak out on the request.
- A 2/3 majority of votes cast by those members present is required for the decision to expel. The decision on the expulsion is to be made known to the member by means of a registered letter sent by the executive committee.
- An appeal of the decision on the expulsion to the general assembly is permissible when made in writing in the form of a registered letter to the president within the time period of one month.
The general assembly shall then make a final decision with 2/3 majority of votes casted and under exclusion of legal procengs.
§ 10 Legal Validity
- Any gender specific designations in these Articles of Association refer to women and men alike.
- The executive committee is authorized to make any modifications to the Articles of Association insofar as the competent tax authority or the registry court should prompt or require such changes.
The next general assembly is to be notified of this.
- The foregoing new version of the Articles of Association was resolved by the general assembly on 30 September 2010 in Lisbon.