Name, Head Office, Fiscal Year
The name of the Association shall be the “International Otto Gross Society”. It is to be recorded in the register of associations. After it is recorded, it will carry the addition “registered association”.
The association has its head office in Hannover.
The fiscal year is the calendar year.
Goal and Responsibilities
The responsibility of the association is to research the social impact of the activity of the doctor, scientist, and revolutionary Otto Gross; to depict his influence on the development of intellectual history in the 20th century; and to make the results of this work publicly accessible through publications and meetings of all kinds, and through all other measures appropriate to the goals and purposes of the association. The association may also create branch offices.
The association pursues exclusively and directly non-profit purposes as defined by the paragraph “purposes enjoying tax privileges” of the tax policy.
The resources of the association shall be used only for purposes in accordance with the by-laws. Members receive no profit and in their capacity as members also no other benefits from the resources of the association. No person is permitted to profit from expenses, alien to the purpose of the association or from excessively high reimbursements.
Members can be individuals who recognize the goals and responsibilities listed in § 2. Membership is acquired through written application, about which the governing board decides. The result of this decision will be communicated to the prospective member. If the governing board rejects application for membership, an appeal can be made to the membership assembly. This appeal is to be made in writing to the governing board within a month of receipt of the rejection. The next regular membership assembly will make a decision about the appeal.
After acceptance into the association, the dues are to be paid. The amount of the dues is decided by the membership assembly. The dues are to be paid at the beginning of each calendar year.
Membership entitles one to participate in the annual membership assembly of the association and to exercise the privileges granted the membership assembly.
Membership is terminated through
b) Resignation of the member. Resignation must be made in writing to the governing board three months in advance of the close of the calendar year,
c) through expulsion from the association.
Expulsion of a member can be made by decision of the governing board, if the member damages the reputation or the interests of the association, violates the by-laws in some way, and/or if he/she does not pay the dues after the end of the fiscal year, despite two notices. Before decision about the expulsion is made, the member is to be granted a hearing within an appropriate notice of at least two weeks. Grounds for the decision about the expulsion are to be shown and are to be communicated to the member through registered mail. The member has the right to appeal the governing board’s decision to expel him/her to the membership assembly. The appeal must be sent in writing to the governing board within a month from receipt of the decision to expel. The next regular membership assembly will decide about the expulsion. Until this membership assembly, the rights of the member are suspended. If the member does not make use of the right to appeal or if he/she misses the deadline for appeal, the decision to expel is valid, with the result that the membership is considered ended from this time. A member who has resigned or who has been expelled has no claim to the assets of the association.
Organs of the Association
1. The membership assembly
2. The governing board
The association can create an advisory board.
The membership assembly determines the principles of the work of the association. It has the following responsibilities:
a) Election of the governing board
The governing board can at any time convene a regular or special membership assembly. The special assembly must be called when the interest of the association requires it or when there is a written request of a quarter of all members. The written request is to be sent to the governing board and must include the purposes and reasons for the special assembly. The regulations of the by-laws are valid also for the special assembly.
b) Acceptance of the governing board’s report on activities and finances and the decision about its approval
c) Determination about the amount of the yearly dues
d) Decisions about changes in the by-laws, and all other matters assigned it through the by-laws
e) Decisions about appeals concerning rejection of membership applications as well as appeals concerning the governing board’s decision to expel
f) Decision about the dissolution of the association
The membership assembly can present recommendations to the governing board about matters that fall within the sphere of responsibility of the governing board. The governing board can solicit the opinions of the membership assembly about matters in its sphere of responsibility.
The membership assembly is to be convened in writing by the governing board at least once a year with a notice of four weeks. Business meetings of the members, unless otherwise required by law, will take place if possible at the various congresses or at other corresponding events. The membership assembly is also to be convened if at least a quarter of the members request it in written application to the governing board, listing the purpose and the reasons for the special assembly. When the membership assembly is called, the agenda is to be communicated. The notice of a month begins with the day following the sending of the written invitation. The written invitation is considered to have reached the member when it is sent to the last address given in writing by the member to the association. Each member can make proposals to the governing board for the agenda. Such proposals must reach the governing board two weeks before the membership assembly.
Each regularly convened membership assembly is competent to pass resolutions regardless of the number of members present. Transfer of votes is not permitted.
Requests to make changes in the by-laws are to be sent in writing with the invitation to the membership assembly.
Results and decisions with indication of the place and the time of the meeting as well as the results of the votes are to be recorded in the minutes of the meeting. The minutes are to be signed by the person presiding at the meeting as well as the person recording the minutes. The minutes will be sent to the members at the latest by the next regular membership assembly.
The governing board conducts the day-to-day business of the association. It is responsible for the administration and the expenditure of the association’s resources according to the decisions of the membership assembly.
The Executive Committee consists of a chair, two vice-chairs, a treasurer, a secretary, an executive director, as well as a number of other members to be determined by the business meeting of the members.
Members of the governing board are elected by the membership assembly for a two-year term. Re-election is possible. The governing board remains in office until the new election.
Decisions of the governing board are made by a simple majority of votes. In the case of a tie vote, the vote of the president decides.
The president alone represents the association publicly in legal and non-legal matters according to § 26 BGB.
The governing board is responsible for all affairs of the association, unless these are delegated to another organ of the association through the by-laws. Above all, the governing board has the following responsibilities:
a) Preparations for the membership assemblies and development of the agenda
b) Convening the membership assembly
c) Carrying out the decisions of the membership assembly
d) Development of a budget plan for each fiscal year, accounting, preparation of a yearly report
e) Decision about acceptance and expulsion of members
Each member of the governing board is elected individually by the membership assembly. Only members of the association are eligible. If a member of the governing board resigns before his/her term of office is ended, the governing board will appoint a replacement for the remainder of the term of the person resigning.
The governing board makes its decisions usually in meetings of the board. The governing board is competent to pass resolutions if at least two members of the board and the president are present. Decisions are decided by the majority of valid votes cast. In the event of a tie vote, the vote of the president decides. The president, or if he/she is unable or unavailable the first Vice President, presides over the meeting of the governing board. A decision of the governing board can also be made in written ways, or by Fax or E-mail.
The board can appoint a scholarly advisory board. The advisory board can have up to 10 members. Members of the advisory board do not have to be at the same time members of the association. Members of the advisory board are appointed by the governing board. The advisory board supports and advises the governing board in its work.
Dissolution of the Association
Dissolution of the association must be decided by a two thirds majority vote of the membership assembly, whereby a majority of two thirds of the members present is required.
In the event of dissolution the assets of the association will fall to the social fund of the Verwertungsgesellschaft Wort Munich. This is to use the assets directly and exclusively for non-profit cultural purposes. Such a decision about the utilization of the association’s assets shall only be carried out after permission of the responsible fiscal authority. This provision is valid in respect to the abolishment of the association or if its purposes cease to exist.
Berlin, May 29, 1999, changed September 17, 2005