DAUS JV - German-Australian Lawyers Association
Below is our association's constitution. You may of course also download this as a PDF file.
Download the constitution
Article 1 Name, Headquarters, Legal Form
(1) The association shall enter the name "German-Australian Lawyers Association" with the suffix e.V. after the proposed entry in the register of associations.
(2) The association shall be headquartered in Cologne.
Article 2 Purpose
(1) The purpose of the association shall be to impart knowledge and understanding of German law in Australia and of Australian law in the Federal Republic of Germany.
(2) To this end, it shall endeavour, in particular,
(a) to establish, promote and strengthen links between German and Australian lawyers
(b) to organise and hold speeches, seminars and other events,
(c) to suggest and support publications and other academic works regarding matters of significance to lawyers in both countries,
(d) to promote student and trainee exchanges between both countries.
(3) The association shall pursue, exclusively and directly, non-profit making purposes within the meaning of the "tax-privileged purposes" section of the German Tax Code. The association shall act altruistically. First and foremost it shall not pursue commercial purposes. Association resources may only be used for purposes compatible with the constitution. Members shall not gain any benefits from association resources. No person may benefit from expenditure that is incompatible with the purpose of the association, or from disproportionately high remuneration.
(4) The association may be affiliated with international organisations, observe their activities and send out representatives with a view to promoting the association's purpose.
Article 3 Financial Year
The association's financial year shall be the calendar year.
Article 4 Membership
(1) Any natural person with a general or specific interest in German and Australian law may be an ordinary member of the association.
(2) Any legal entity, partnership or corporation that promotes the association's purpose and is willing to help with the organisation thereof, may also be an ordinary member of the association (corporate member). This member shall appoint a permanent representative.
(3) Ordinary members of the German-Australian Lawyers Association (DAUSJV) shall automatically belong to the "Australian-German Lawyers Association (AGLA)" as extraordinary members, without the obligation to participate, with no voting rights and no decision-making powers. They shall be entitled to attend AGLA events at any time and, apart from that, shall have equivalent status to its ordinary members. The same shall apply to members of the Australian-German Lawyers Association.
(4) Ordinary membership of the association is linked to the permanent branch address or location: those based in Germany shall automatically be ordinary members of the German-Australian Lawyers Association and those based in Australia automatically ordinary members of the Australian-German Lawyers Association.
Article 5 Membership Start and End
(1) The Board shall accept a member based on a written application. Membership shall be acquired through written confirmation from the Board.
(2) Membership may be terminated at the end of the financial year with three months' notice by written declaration submitted to the Board.
(3) Members in arrears by more than one year with the annual subscriptions payable and not deferred may be removed from the list of members by the Board. They must be requested to pay the overdue amount three months beforehand by registered letter, with the threat of removal.
(4) The Board may exclude members if they endanger the association's purpose through their conduct or where they behave contrary to that purpose. Where these prerequisites are fulfilled by a permanent representative of a corporate member, the Board may demand that this member dismisses the representative and excludes him or her from any further involvement in association matters. The party concerned shall be entitled to appeal within one month following receipt of the exclusion notification. The general assembly shall decide thereupon.
(5) Membership may also end through death or, for corporate members, through dissolution.
Article 6 Annual Subscriptions
(1) Ordinary members shall be obliged to pay an annual subscription. The subscription shall be payable upon entry to the association for the current financial year and at the start of each financial year thereafter. In exceptional cases the Board may grant a deferral or waive the levying of outstanding subscriptions.
(2) The general assembly shall decide on the subscription amount on the Board's proposal.
(3) Members shall not have any share in the association's assets. Upon dissolution, the assets shall not be divided among the members nor shall subscriptions be refunded. Upon the dissolution or termination of the association or in the event of obsoleteness of its former purpose, the association's assets shall go the Association for the Promotion of Legal Studies, Albertus-Magnus-Platz, 50937 Cologne, Germany, which must use them directly and solely for non-profit making purposes.
Article 7 Organs
The organs of the association shall be the general assembly and the board.
Article 8 Convening the General Assembly
(1) The ordinary general meeting should take place annually. The board shall convene it in writing by sending an agenda providing notice of at least four weeks.
(2) The board shall convene an extraordinary general meeting when requested to do so by at least one third of the board members or a quarter of the ordinary members in writing stating reasons. An extraordinary meeting must also be convened in the case of retirements from the board or in the event of dissolution of the association.
Article 9 Agenda
Proposals for the general meeting's agenda should be submitted to the board two weeks at the latest prior to the meeting date.
Article 10 Duties and Powers of the General Assembly
(1) The general assembly decides on the guidelines for the association's activities. To this end it may resolve on instructions and requests by the board.
(2) In particular, it shall be responsible for
(a) electing board members;
(b) fixing membership subscriptions;
(c) accepting and approving activity reports to be submitted by the board;
(d) checking annual financial statements to be submitted by the board and their discharge as regards the management and cash management;
(e) decision making regarding entry into an international organisation or departure therefrom;
(f) the election of association representatives for international organisations;
(g) amending the constitution;
(h) dissolving the association and determining what happens to its assets
Article 11 Decision Making
(1) The general assembly shall have a quorum when it is properly convened. It shall decide by simple majority of the ordinary members present. Changes to the association's constitution shall require the majority of three quarters of the ordinary members present but at least one quarter of all ordinary members.
(2) Minutes are to be taken of general assembly events and decisions by a member of the board. The minutes must be signed by this member and by the chairperson.
Article12 Board
(1) The board runs the association's business based on the decisions of the general assembly. It consists of seven members.
(2) From its midst it shall elect the President, the Vice President, the General Secretary and the Treasurer.
(3) For the purposes of section 26 of the German Civil Code, the board shall be the President, the Vice President and the General Secretary. Any two of them shall be jointly able to represent the association.
(4) The board shall fix the association's budget and decide upon the use of resources.
(5) The term of office for members of the board shall be four years. Re-election is permitted.
(6) The board shall establish its own rules of procedure.
