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European Arthroplasty Register |
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Last update: January, 25th 2005 |
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EFORT Associated Activity
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Statutes§ 1 Name and SeatThe Name of the Society , founded according to Austrian "Vereinsgesetz 2002 (BGBl. I 66/2002) isEFORT / EARand is located in Linz, Austria.§ 2 Aim of the Society and ActivitiesThe area of activities is including all European Countries.The activities of EFORT/EAR has non-profit making character and it's aims are exclusively for common wealth according to Austrian tax requirements. (Bundesabgabenordnung) The aim of EFORT/EAR is:
§ 3 Idealistic ResourcesTo achieve these goals the following idealistic resources will be used:
§ 4 Material ResourcesThe required material support will be acquired by:
§ 5 Use of ResourcesThe resources of EFORT/EAR must be used exclusively for the aims defined in the statutes. Members of the society must not acquire gain or other support due to their status of being members of the society. When a member is retired or excluded from EFORT/EAR or dissolution of EFORT/EAR it must not get higher amounts than invested. No person must acquire misappropriate or inadequate high refunds.§ 6 MembershipThe members of the society are organized in ordinary, extraordinary and honorary members.Ordinary members are physicians and non physicians, which are active in the activities of the society, they have active and passive voting rights. Ordinary members can be
Honorary members can be persons, which render great service to EFORT/EAR or support it in extraordinary amount. § 7 Application for membershipAll persons, which agree with the aims of the society can become members.The Executive Board of the society decides on the membership of ordinary and extraordinary members. The agreement can be refused without declaration of the reasons. The appointment for honorary membership is done by a proposal of the Executive Board and agreement of the General Assembly by simple majority. § 8 Rights and Duties of MembersThe members have the right to participate at all events of EFORT/EAR and to use the infrastructure of the society. Exclusively ordinary members have the right for voting in the General Assembly.The members have to support the aims of the society according to their possibilities and to refrain from activities, which would harm the reputation and objectives of the society. The members have to take the statutes and decisions of the society into consideration. § 9 Determination of MembershipThe membership determines by decease, at juristic persons and institutions by loss of legal entity, voluntary determination or exclusion. Voluntary determination is possible at the end of a calendar year. The statement of determination has to addressed to the Executive Board at least 3 months before by a registered letter. If it is delayed the determination is coming into force at the next effective date.§ 10 Exclusion of a memberThe exclusion of a member can be done:
The exclusion has to be done by decision of the Executive Board. The member has top be informed immediately in written form. § 11 Bodies of the SocietyBodies of the Society are:
§ 12 General AssemblyThe General Assembly is composed by all ordinary, extraordinary and honorary members.The General Assembly is the superior board of the society and is qualified to do decisions in all issues. The General Assembly has to take place at least every 2 years. The call for a meeting has to be done by the Executive Board at least 2 months in advance and has to include an agenda. Extraordinary meetings of the General Assembly has to be organised by a decision of the Executive Board or a written proposal by at least 25% of the members. It has to be organised in a 4 weeks period. All members have the right to attend, the right for voting is exclusively at the ordinary members, if this right is not suspended by the General Assembly due to neglect of duties. Proposals for the General Assembly have to be handed over at least 4 weeks in advance. The General Assembly is constituted a quorum by the attendance of at least 50% of members eligible to vote. If these requirement is not fulfilled the start of the meeting has to be delayed for half an hour. Then the constitute a quorum is achieved independent from the number of attending members. The decision of the General Assembly are done by single majority, at balance of votes the chairman's vote is decisive. Decisions to change the statutes depend on agreement of two thirds of the votes cast. Chairman of the General Assembly is the President, in his absence the Vice President. § 13 Duties of the General AssemblyDuties, which are exclusively to the General Assembly:
§ 14 Executive BoardThe Executive Board is composed by:
By retirement of one member of the Executive Board an other qualified person can ob cooptated to replace him until a formal election process can take place. The Executive Board meetings are announced by the President, in his absence by the Vice President. The Chairman of the Executive Board meetings is the EFORT/EAR President, in his absence the Vice President. The decisions in the Executive Board are done by single majority, in case of balance the Chairman's vote is decisive. The President is identical with the Chairman of the EAR-Committee in EFORT. The members of the Executive Board can retire by a written statement towards the Supervisory Board. The retirement gets active by the election of the successor. § 15 Duties of The Executive BoardThe Executive Board is managing the society's activities. It has to cover all duties, which are not assigned to other bodies by the statutes.In particular this is including:
Contracts, which acquire the agreement of the Supervisory Board (=EFORT Executive Committee) are defined in § 19. § 16 Duties of OfficialsThe President represents EFORT/EAR towards institutions and physical persons.He is Chairman in the Executive Board and the General Assembly. The Vice President (= Secretary) is responsible for correspondence, documents and the archive. § 17 Annual accountsFinancial year is the calendar year.The annual account has to be presented within 5 months in the following year. § 18 Financial AuditorTwo financial auditors are elected by the General Assembly for the term of 2 years, which is renewable.The auditors have to control the financial procedures and the annual accountancy. They have to report to the Supervisory Board. The procedures for election and retirement are the same then for other officials. § 19 Supervisory BoardThe supervisory Board is identical with the EFORT Executive Committee.Its elections and meetings are done according to the statutes of EFORT. The Supervisory Board has to control the activities of the EFORT/EAR Executive Board. The following activities depend on the agreement of the Supervisory Board.
§ 20 Court of ArbitrationAll controversial issues concerning the society, if they are not exclusive right of a body of the society, are decided by a court of arbitration.For this every party in the dispute is appoint one regular member of the society for a jury. These persons appoint a chairman. If they can not find an agreement the person is decided by lot. The decision is done by single majority. There is no legal remedy against their decision in the society. § 21 DissolutionA voluntary dissolution of the society can be done only by the General Assembly with a qualified majority of two third of votes.The final Executive Board has to inform the public authorities at the seat Linz, Austria. All assets of EFORT/EAR fall to EFORT (European Federation of National Associations of Orthopaedics and Traumatology), which has to use these resources to common wealth according to Austrian regulations (Bundesabgabenordnung). |
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