A2 Aim of Association
A3 Benefit to the public, Charity
A4 Place of business and legal seat
A6 Membership fee
A7 Loss of Membership
A8 The General assembly of the members
A9 The Committee
A10 The Board of Trustees
A12 Liquidation of the Association
A13 Concluding Regulation
The association will be named „Association for Arabic and Islamic Law (registered society)“.
It will be included in the register of associations.
Aim of the Association
1. The aim of the Association is to contribute to a mutual understanding of the legal systems and the legal practice between the European and the Islamic countries, specifically the Arabic – Islamic countries.
2. The Association pursues its aims by the following:
- Organizing of national and international meetings of interested scientists and economists
- Organizing of other events
- Initiating and supporting jurisprudential and practical works
- Publishing works related to the topic mentioned above.
Benefit to the public, Charity
1. The Association pursues exclusively and directly beneficial aims in accordance with the section „Tax exemptions or reductions“ of the German fiscal code.
2. The main intention of the Association is to be a non-profit organization. The Association’s funds are not to be used for any other purposes than written down in these articles. It is unlawful for any person to have an unproportional financial gain from the Association or to benefit from expenditures not compatible with the aims of the Association written down.
3. The Association pays its expenditures by using only its member’s fees and donations. It has no commercial intentions.
The acquisition of wealth is allowed only to the necessary extent to fulfil the aims as stated in these articles.
Place of business and legal seat
1. The place of business and legal seat of the Association is Bonn.
2. It is possible to change this location by a resolution from the Association’s member’s general assembly.
1. The Association’s members can be natural persons as well as legal entities.
2. The Association’s committee decides on the admission of a new member. The future member has to apply in written form. Should the committee decide against an admission, the member of the general assembly have the power to overrule the decision.
1. Each member is obliged to pay the annual membership fee. The amount of this fee is fixed by the member’s general assembly. In special cases, particularly regarding members whom are still in education or training, the committee can wave the member from the payment.
2. The membership fees are annual fees and fall due each 1st of January.
3. A member can be expelled by the resolution of the committee in the case he/she doesn’t pay his/her fee which has fallen due despite two reminders being sent to him/her. The first reminder is to be sent one month after the fee was due. The second reminder has to follow three months later by certified mail. This letter must mention the imminent threat of the expulsion of the member. The committee can decide on the expulsion of the member only if two subsequent months have passed and if the member continues his/her refusal to pay his/her debt completely. The mentioned period of time starts from the time of the receipt of this second letter. The concerned member has to be informed of his/her expulsion.
Loss of Membership
1. The membership is ended by:
- the decease of the member
- the written withdrawal of the membership
- the expulsion of the member from the Association
2. A withdrawal is only acceptable at the end of a calendar year. It has to be directed to the committee in a written form and must be given three months in advance.
3. The expulsion from the Association is only legal for serious reasons and only by authorization of the committee whose decision must be taken in unison. Before an expulsion the concerned member is to be given a hearing in verbal or written form. The decision on the expulsion has to be transmitted to the member by certified mail which has to contain the reasons for the expulsion. The member can appeal to the committee within a period of one month starting from the time of the receipt of this letter. The general assembly of the members has to decide on this appeal. Should the member refrain from using his/her right to appeal to the committee within this period he/she accepts the decision on his/her expulsion.
The General assembly of the members
1. The general assembly of the members takes place at least once in each business year. The assembly is convened in written form or by e-mail by the first chairman or – in case of his incapability to look after the interests of the Association – by the second chairman. The date of the assembly has to be announced at least one month in advance and an agenda of the assembly has to be included.
On decision of the committee or on demand of one fifth of the members of the Association a special assembly must convene.
2. All members and all legal entities have one vote each in the general assembly. The general assembly is able to pass decisions when at least ten members are present. A second convened general assembly having the same agenda is able to pass decisions in all cases.
3. The committee is elected by the general assembly. The Board of Trustees can suggest candidates. The general assembly receives the report on the activities of the Association, checks and approves the annual accounts and releases the committee.
4. The general assembly’s decisions are made valid by a simple majority of the present members. In the case of a tie an application is considered refused. For elections the absolute majority of the given votes is necessary. Should the result of the election not gain an absolute majority a run-off vote has to take place. To change the articles of the Association a two third majority of the votes by the present members is necessary.
5. Applications on additional points to the agenda are only acceptable if they are presented to the committee in a written form at least two weeks before the assembly takes place. The members have to be informed about the additions to the agenda immediately. The general assembly decides what will be discussed.
6. During a general assembly applications on additional points to the agenda can be made as urgent applications. The acceptance of these points needs a two third majority of the present members.
7. The decisions of the general assembly are written down in Minutes which are signed by the first chairman and another member of the committee.
1. The committee manages the matters of the Association. It consists of the first and the second chairman and at least three but not more than five other members who are elected for a period of two years. Their term of office ends two years after tier appointment by the General Assembly. Should a member leave the committee before his/her term of office ends, the committee is entitled to appoint another member to replace the retired one. The appointment of the new committee member requires the confirmation of the next regular general assembly.
2. The committee is entitled to make – together with the agenda — nominations for the election of members of the committee by the annual general assembly. Nominations regarding another electee have to be directed to the first chairman two weeks before the general assembly takes place. The first chairman is obliged to work out a list containing all the names of the nominated persons which is to be submitted to the general assembly. In case the election of new committee members is one point of the agenda, it is required to site the regulations about elections in the articles of the Association, in particular to the recipients of the convention letter.
3. The committee takes its decisions with a simple majority. In the case of a tie the first chairman makes the decisive vote.
4. The committee assembles upon request of its first chairman or when two of the other members of the Association deem to reach its aims.
5. The first and the second chairman are the representative committee members according to § 26 of the German Civil Code. Each of them independently from the other can represent the Association. The second chairman is using its representative power except in the case that the first chairman is incapable to look after the vested interests of the Association.
The Board of Trustees
1. On decision of the general assembly the committee can form a Board of Trustees which supports and advises the committee with putting the plans of the Association into action. This board shall ensure the Association’s work in accordance with its aims.
2. The members of the Board of Trustees are elected by the committee for a period of two years but the first compilation is to be determined by the general assembly.
3. The Board of Trustees consists of four to twelve members at the maximum.
The financial year starts on the 1st of January and ends on the 31st of December. To check the accounting and the cash an auditor and a representative are elected by the general assembly. They must not be members of the committee and must report on their work to the general assembly.
Liquidation of the Association
1. The liquidation of the Association can take place only upon a two third majority vote taken by the general assembly.
2. In the case of liquidation the general assembly appoints one or more persons for being liquidators entrusted with the liquidation of the Association and authorized to settle debts and assets.
3. In case of liquidation or withdrawal of the beneficial aims the wealth of the Association is passed to the wealth of the Association “Deutsche Morgenländische Gesellschaft” (registered society), Im Neuheimer Feld 330, 69120 Heidelberg, Germany with the imperative request that it not be used except for public utilities, charitable and beneficial aims.
In the event of a case not being mentioned in these articles the regulations of the §§ 21 f. of the German Civil Code are valid.