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Legal Representation of efms

The efms is a scientific research institute at the Otto-Friedrich-Universität Bamberg according to Art. 129 Abs. 5 BayHSchG (decision by the Bavarian State Ministry for Education, Culture, Sciences and Arts, September 17, 1993).

Legal representative of efms is the charitable registered association europäisches forum für migrationsstudien e. V. (AG Bamberg 895), founded on January 22, 1993 in Fürth/Bavaria. The registered association efms e. V. is a charitable association for the public good acknowledged by decision of the tax authority Bamberg (VAT IdNr DE204307662) as an institution supporting scientific research (last revision as of July  3, 2009).

Council of efms e.V.


By-Laws of efms e.V.


Preamble

Against the background of increasing global mobilization, Europe is experiencing the increasing importance of migrational movements in terms of its social and political development.

This brings about new structural tasks of an economic, organisational and social nature for Europe as well as its member states.

In order to meet these structural tasks it is necessary to study the creation and development of the existing migration patterns and to develop proposals for a sustainable and humane political policy in migration and integration questions.

This aim requires interdisciplinary and international cooperation as well as an exchange and knowledge transfer especially in the area of research, politics, administration, media, education and public information.

The European Forum for Migration Studies was formed in order to make a substantial contribution towards accomplishing this social challenge.

1. Name, Registered Seat, Legal Form

1.1 The Association shall be named "europäisches forum für migrationsstudien" or, in English, "european forum for migration studies" (efms).

1.2 The Association shall be entered into the Association Register; after registration the Association shall use the addendum "e.V." (English translation: "registered association").

1.3 The registered seat of the Association shall be Bamberg.

2. Purpose of the Association

2.1 The Association shall exclusively and directly uphold public interest according to the provisions of the German tax regulations entitled "steuerbegünstigte Zwecke". The Association acts altruistically and does not pursue activities soley for its own economic advantage.

2.2 The purpose of the Association shall be the promotion of science and research, training and education specifically in the area of migration and its social and political effects, as well as the promotion of help for persons and refugees persecuted due to political grounds or due to racially-motivated or religious ground, exiled ethnic Germans and late repatriates.

2.3 The purpose of the By-Laws shall be realised in particular by the establishment and maintenance of an Institute at the University of Bamberg with the name "europäisches forum für migrationsstudien, Institut an der Otto-Friedrich-Universität Bamberg". The Institute shall develop independent scientific research projects as well as activities related thereto. For the purpose of the exchange of information the Institute shall be involved in the development and maintenance of an international network. The insight gained shall, with the involvement of the media, be put to use through a qualified transfer of knowledge especially in the areas of politics, administration, education and public information. In order to achieve its aims the Institute shall publish its own journal or shall participate in a common publication.

2.4 The assets of the Association may only be used in accordance with the By-Laws. The members shall receive no personal benefit from the assets of the Association.

2.5 No person shall receive an unfair payment for services in situations where such services or expenses are contrary to the purpose of the Association or are excessive.

3. Membership

3.1 Any person, being an individual, legal entity or association, and being of full age may become a member provided he or she is prepared to, and offers evidence of his or her willingness to promote the purpose of the Association.

3.2 The Association shall have

  • Ordinary members,
  • Extraordinary (Supporting) members and
  • Honorary members.

The rights and duties of Ordinary members shall be those determined by law.

Extraordinary (Supporting) members shall have the right to take part and speak at Members' Meetings although the said members shall have no active or passive voting or election rights.

Individuals who have promoted the aims of the Association to a large extent may become Honorary Members by way of a motion at the Members' Meeting. Past Presidents may become Honorary Presidents. The award of an honorary membership or the naming of an Honorary President may only be put on the agenda of the Members' Meeting if the Council unanimously agrees to such.

3.3 Application for membership should be made in writing to the Council, which shall decide on membership. The applicant shall be notified of the decision of the Council in writing. Any refusal of membership need not be justified.

Extraordinary (Supporting) members shall be deemed to have been accepted and admitted as members if their written application has not been rejected in a written form by the Council within four weeks of receipt of the application.

4. Loss of Membership

4.1 Membership expires by:

  • death,
  • voluntary resignation,
  • being struck from the Membership List,
  • loss of legal capacity.

4.2 Voluntarily resignations shall be notifed by registered letter to the Council with at least three months notice as per end of the business year; notice shall be effected on receipt of the resignation by the Council.

4.3 Being struck from the Membership List by the Council shall take place only if the member

  • has not fulfilled his financial obligation to the Association despite having been asked to do so in a written request six months from the date of the amount or amounts being due,
  • has become insolvent,
  • has lost the capacity to take public office,
  • has acted contrary to the aims of the Association, damaged its reputation or in any other way shown him or herself to be unworthy of membership of the Association.

4.4 Any member may file an application to strike Membership.

4.5 The decision to strike a person from the Membership List shall be taken by the Council.

5. Financing and Business Year

5.1 The Association shall finance itself through

a) membership fees of Ordinary members, inasmuch as the Members' Meeting decided to raise membership fees accord-ing to point 5.2
b) supporting fees of Extraordinary members
c) income from events and publications
d) donations
e) support from public organisations
f) third-party project financing.

5.2 The membership and supporting fees shall be fixed by the Members' Meeting.

5.3 Honorary members (3.2) and founding members exempted from membership fees.

5.4 The business year of the Association shall be the calendar year.

6. Organs of the Association

The Association shall have the following organs:

  • Members' Meeting (7);
  • Council (8).

7. Members' Meeting

7.1 The Members' Meeting shall

  • elect the Council;
  • elect the auditor for the Annual Report;
  • support the Council and the Manager;
  • approve the Budget and the Annual Report;
  • decide on membership fees and amendment to this By-Laws.

7.2 A Members' Meeting shall take place at least once every business year. The meeting shall be chaired by the President or a Vice President.

7.3 Extraordinary Members' Meetings shall be called if it is deemed necessary in the interest of the Association or if the Council or at least five Ordinary members of the Association request such a meeting with reference to the purposes of the Association and giving a reason for such a meeting.

7.4 The Council shall set the agenda for the Members' Meeting and shall call such a meeting by special invitation to the members in writing with notification of the agenda. The invitation shall be issued at least three weeks prior to the Members' Meeting.

7.5 A motion shall be passed by the majority of the members and in the event of the numbers being equal the Chairperson shall have a casting vote. For an amendment to the By-Laws a 3/4 majority of the votes is necessary. This shall also apply in the case of amendments to § 33 Section 1 Sentence 2 of the German Civil Code as regards amendments to the purpose of the Association.

7.6 The decisions of the Members' Meeting shall be recorded as minutes and signed by the Chairperson and the person taking the minutes and distributed to the members.

8. Council

8.1 Composition, Representation, Election

8.1.1 The Council shall consist of at least three persons (Full Council).

The Universität Bamberg shall have the right to nominate one member of the Council. The remaining members of the Council shall be elected by the Members' Meeting, in order that the Head of the Institute and the Manager is represented on the Council. The Council shall hold office for five years.

8.1.2 The President and the Vice President are the legal representatives of the Association according to Paragraph 26 of the German Civil Code, (Executive Council), each having the right to represent the Association alone.

8.1.3 The Council shall elect the President and the Vice President from amongst its own members.

8.1.4 In the event of a Council member leaving office prior to the completion of his or her period in office, a Members' Meeting shall elect a new member for the remaining period of office.

8.2 Tasks of the Council

The Council is responsible for all matters of the Association in so far as such matters, in accordance with the By-Laws, are not the responsibility of another organ of the Associa-tion. In particular the Council shall be responsible for:

  • issuing Rules of Procedure for the Council;
  • the preparation and calling of the Members' Meeting as well as the determination of the agenda;
  • the implementation of motions of the Members' Meeting;
  • the formation of motions concerning the presentation of the Budget and the Annual Report;
  • the formation of motions concerning the inclusion as well as the exclusion of members in the Membership List;
  • the safeguarding of the financial support for the duties of the Association;
  • naming of the Head of the Institute and the Manager.

9. Sub-Committees

For specialized tasks the Council may form Sub-Committees.

10. Manager

10.1 The Council shall appoint the Manager.

10.2 The Manager shall conduct the day to day business of the Association and control its funds.

10.3 The Manager shall keep records of all income and expenditure. The Financial Statement produced by the Manager and agreed to by the Council shall be audited by the auditor appointed by the Members' Meeting and shall be approved by the Members' Meeting.

11. Dissolution of the Association

11.1 The Association shall be dissolved according to the applicable laws.

11.2 In the event of the dissolution of the Association or one of its purposes no longer existing then the assets shall be used for purposes of public interest in terms of the tax provisions.
The assets shall be used for purposes of public interest in terms of the tax provisions: promotion of science and research, training and education specifically in the area of migration and its social and political effects, as well as the promotion of help for persons and refugees persecuted due to political grounds or due to racially-motivated or religious ground, exiled ethnic Germans and late repatriates.
Decisions as to the future use of the assets may only be implemented after the approval of the tax authorities.

11.3 Any use of the assets or parts of the assets for the individual benefit of members of the Association shall be excluded.


Bamberg, October 12, 2015

Friedrich Heckmann (Council President)
Wolfgang Bosswick (Deputy Council President)

By-Laws of January 22, 1993, Change of July 18, 1993 Point 1.3: Seat of the association transferred from Fürth to Bamberg. Amendments 12.10.2015: Preamble: addition „Integration“; Point 2.2: concretion of the purpose; Former point 6: Special duties deleted; Point 8.1.1: Change to three persons and changes to wording; Point 8.2: changes to wording; Former point 10: Advisory Board deleted; Point 11.2: new supplement.


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