Statute

Article 1:

Name

The association bears the name:

‘Gesellschaft für arabisches und islamisches Recht e. V.’ [Society for Arab and Islamic Law, registered association]

It shall be entered in the register of associations.

Article 2:

Purpose of the Association

1. The purpose of the association is to contribute to mutual understanding of the legal systems and legal practice of the European and the Islamic, in particular the Arab, regions.
2. The purpose set out in this Statute is pursued in particular through:

• national and international meetings of interested persons from academia and practice;
• the organisation of events;
• the initiation and promotion of academic and practical legal work; and
• the publication of suitable works.

Article 3:

Selflessness, Charitable Status

1. The association pursues exclusively and directly charitable purposes within the meaning of the section ‘Tax privileged purposes’ (Steuerbegünstigte Zwecke) of the German Fiscal Code (Abgabenordnung).
2. The association does not primarily pursue its own economic purposes. The association’s funds may be used only for the purposes set out in this Statute. Members receive no payments from the association’s funds. No person may benefit from expenditure alien to the purposes of the association or from disproportionate benefits.
3. The association is financed by membership fees and donations; it does not seek to make a profit. It may acquire assets only to the extent that it needs them to fulfil the tasks set out in this Statute, and may use such assets only for the purposes set out in this Statute.

Article 4:

Registered Office

1. The registered office of the association is in Cologne.
2. The registered office may be moved to another place by resolution of the General Assembly.

Article 5:

Membership

1. The association consists of natural and legal persons.
2. The Committee decides on the admission of members. Applications for admission must be made in writing; if the Committee decides against admission, the General Assembly decides.

Article 6:

Membership Fee

1. Every member undertakes to pay the annual fee, the amount of which is set by the General Assembly. In special cases, particularly for members still in education or training, the Committee may waive the fee.
2. Membership fees are annual fees and are payable in advance on 1 January of each year.
3. By resolution of the Committee, a member may be removed from the list of members if, despite two written reminders, the member fails to pay membership fees that have already fallen due. The first reminder may be sent no earlier than one month after the due date. The second reminder must be sent three months later by registered mail with return receipt; it must refer to the impending removal. Removal may be resolved only if the debt has not been paid in full two further months after receipt of the second reminder. The member concerned must be notified of the removal.

Article 7:

Termination of Membership

1. Membership ends

• on the death of the member or, in the case of legal persons, on their dissolution;
• by written notice of withdrawal;
• by expulsion from the association;

2. by resolution of the Committee in accordance with Article 6(3) of this Statute.
3. Withdrawal from the association is possible only at the end of a calendar year. It is effected by written declaration to the Committee, subject to three months’ notice.
4. A member may be expelled from the association for good cause. The Committee is authorised to expel a member, provided that the decision is unanimous. Before expulsion, the member concerned must be heard in person or in writing. The reasons for the expulsion decision must be given in writing, and the decision must be delivered to the member by registered mail. The member may lodge a written appeal with the Committee within one month of receipt. The General Assembly decides on the appeal. If the member does not exercise the right of appeal within this period, the member submits to the expulsion decision.

Article 8:

General Assembly:

1. The General Assembly meets at least once in each financial year. It is convened by the Chair or, if the Chair is prevented, by the Vice Chair, giving at least one month’s notice and stating the agenda, by invitation in text form (letter or email without electronic signature) sent to the postal or email address most recently notified to the association. The invitation is also announced by publication on the association’s website. Where the invitation is sent in text form, the notice period begins when it is handed to the postal service or when it is sent by email; the email should also refer to the publication of the invitation on the website. The letter of invitation is deemed to have been received by members if it was addressed to the postal or email address most recently notified to the association.
   Extraordinary General Assemblies must be convened by resolution of the Committee or at the request of one fifth of the members of the association.
2. The General Assembly is held either in person, virtually (online) or in hybrid form; the Committee decides on this at its discretion and informs the members in the invitation. If it is held virtually, it takes place in a chat room, by video or by telephone in a manner accessible only to members; if it is held in hybrid form, members participating virtually are connected accordingly. For this purpose, members are informed in good time, in writing or by separate email to the postal or email address most recently notified to the association, of a password valid only for the meeting in question, which they must keep secret. Members must register using their real name or the email address or telephone number they have notified to the association; the Committee verifies their entitlement in a suitable manner and records the result in the minutes. Section 32(2) of the German Civil Code (BGB) remains unaffected.
3. In the General Assembly each member, including each association, has one vote. The General Assembly has a quorum if at least 10 members are present. A second General Assembly convened with the same agenda has a quorum in all cases.
4. Absent members may be represented in the General Assembly or in the Committee by a member holding a written proxy. The member granting the proxy sends the written proxy to the Chair of the association by email with a scan of the proxy, or by fax, at least one day before the meeting, unless, at a meeting held in person, the proxy holder presents the original proxy at the meeting.
5. The General Assembly elects the Committee. The Board of Trustees may make proposals for this purpose. The General Assembly receives the Committee’s annual report, examines and approves the annual accounts and discharges the Committee.
6. The General Assembly adopts its resolutions by a simple majority of the members present. In the event of a tie, the motion is deemed rejected. Elections require an absolute majority of the votes cast; if this is not achieved, a second ballot is held. Amendments to the Statute require a majority of two thirds of the members present.
7. Motions to add items to the agenda before the start of the meeting are admissible only if they are submitted in writing to the Committee by post, fax or email at least two weeks before the meeting. They must be forwarded to the members without delay by post, fax or email. The General Assembly decides whether to deal with them.
8. Motions to add items to the agenda may be submitted at the meeting as urgent motions. Dealing with them, however, requires a two thirds majority.
9. The resolutions of the General Assembly are recorded in minutes signed by the Chair and one other member of the Committee.

Article 9:

Committee

1. The business of the association is managed by the Committee. It consists of the Chair, the Vice Chair and at least three and at most five further members, all of whom are elected for two years. Their term of office ends at the close of the General Assembly that resolves on the discharge for the second year after the start of the term. If a member leaves the Committee before the end of their term, the Committee may appoint a substitute member in place of the departing member. The appointment of the substitute member requires confirmation by the next ordinary General Assembly.
2. The Committee is entitled to submit to the members, together with the agenda, proposals for the election of Committee members by the ordinary General Assembly. Nominations by a member must reach the Chair two weeks before the date of the General Assembly. The Chair is obliged to compile all nominations into a list of candidates to be presented to the General Assembly. If the election of Committee members is on the agenda, the letter of invitation must expressly refer to the provisions of this Statute on nominations.
3. The Committee adopts resolutions by a simple majority of the Committee members present. In the event of a tie, the Chair has the casting vote.
4. The Committee meets at the request of the Chair or of two of its members as often as the interests and purposes of the association require.
5. The Chair and the Vice Chair constitute the executive board within the meaning of Section 26 of the German Civil Code (BGB). Each of them represents the association alone. Internally, however, the Vice Chair may exercise this power of representation only if the Chair is prevented.

Article 10:

Board of Trustees

1. By resolution of the General Assembly, a Board of Trustees may be established alongside the Committee to advise and support it in achieving the purpose of the association. It shall ensure that the work of the association corresponds to its purpose.
2. The members of the Board of Trustees are elected by the Committee for a term of two years; however, its first composition is determined by the General Assembly.
3. The Board of Trustees consists of at least four and at most twelve members.

Article 11:

Audit

The financial year runs from 1 January to 31 December. To audit the accounts and the cash, the General Assembly elects an auditor and a deputy. They may not be members of the Committee. They report on their work to the General Assembly.

Article 12:

Dissolution of the Association

1. The association is dissolved by resolution of the General Assembly with a majority of two thirds of the members of the association.
2. In the event of dissolution, the General Assembly appoints one or more liquidators, who are entrusted with the liquidation of the association and empowered to settle its debts and administer its assets.
3. Upon dissolution of the association or the loss of its tax privileged purposes, the assets of the association pass to the Deutsche Morgenländische Gesellschaft e.V., Im Neuheimer Feld 330, 69120 Heidelberg, which must use them directly and exclusively for charitable, benevolent or ecclesiastical purposes.

Article 13:

Miscellaneous

Unless otherwise provided in this Statute, Sections 21 et seq. of the BGB (German Civil Code) apply.