Board of Directors

Chairman of the Board: Josef Frankerl
Vice Chairman of the Board: Johannes Berschneider
Treasurer: Henry Pillipp

Contact:

Verein der Freunde des Museums Lothar Fischer e.V.
Weiherstrasse 7a
92318 Neumarkt i.d.OPf.
Germany
Phone +49 (0) 9181 / 510 348
Fax +49 (0) 9181 / 511 392
»info@museum-lothar-fischer.de


ASSOCIATION ARTICLES – Friends’ Association of the Museum Lothar Fischer

§1 Name, Registered Office, Financial Year
1 The Association is named “Verein der Freunde des Museums Lothar Fischer e.V.” (“Friends’ Association of the Museum Lothar Fischer”).
2 The Association has its registered office in Neumarkt i.d.OPf.
3 The financial year of the Association is the calendar year.
   
§2 Function of Association
1 The function of the Association is the promotion of the Museuem Lothar Fischer as well as of contemporary sculptural art in Neumarkt i.d.OPf.
2 The function of the association articles are realized above all through ideational and financial support of the Museum Lothar Fischer in Neumarkt i.d.OPf. The Association aspires to represent the concerns of the Museum Lothar Fischer to the pubic.
   
§3 Benefit to the Public
1 The Association solely and directly pursues non-profit causes in the spirit of the “Tax-deductible Purposes” section of the German Tax Code.
2 The Association does not act on its own behalf. It does not pursue goals primarily serving its own economic interests.
3 The financial means of the Association are only allowed to be used for purposes in accordance with the Association Articles. The members do not receive additional benefits from the financial means of the Association.
4 No person is allowed to benefit through expenses, which differ from the purposes as defined in the Association Articles, or through disproportionally high payments.
   
§4 Members
1 Members can be either natural persons or legal persons.
2 The application for membership to the Association is to be handed in in writing to the board of directors. The board of directors decides the membership acceptance.
3 The membership ends either through death (with legal persons through the loss of legal capacity), through withdrawal or exclusion from the Association (i.e. if the payment of the annual membership fee is not made).
4 The withdrawal form the Association is to be explained in writing to the board of directors.
5 The exclusion will be decided upon by the board of directors.
   
§5 Membership Fees
1 Each member is charged with an annual fee; the amount is determined at the meeting of members.
2 The payment is due in advance each year. For the first and last year of membership a full payment is charged.
   
§6 Elements of the Association
1 The elements of the Association are the board of directors, the meeting of the members and maybe an advisory committee, which is called upon by the board of directors.
   
§7 Board of Directors
1 The board of directors consists of:
the First Chairperson
the Second Chairperson
the Treasurer
_ the Clerk
up to five further members
  The respective director of the Museum Lothar Fischer in Neumarkt and he/she, who is familiar with the management of the Lothar & Christel Fischer Foundation in accordance with §7 Sec. 1 of the Foundation’s Articles, should always be members of the board of directors.
2 The members of the board of directors are elected by the meeting of the members for three years. The members of the board of directors remain in their respective functions even after their term has ended until reelection.
3 With the retirement of a member from the board of directors, the board of directors is able to call upon a temporary member for the board of directors.
4 The board of directors consists of the First and Second Chairperson in accordance with § 26 BGB. Each individual on their own is authorized to represent.
   
§8 Responsibilities of the Board of Directors
  The board of directors is responsible for all matters concerning the Association, which are not reserved for other elements of the association in accordance with the Association Articles. The board of directors has above all the following duties:
A Preparation of the meeting of the members and schedule of the agenda
B Convocation of the meeting of the members
C Implementation of the decisions of the meeting of the members
D Administration of the Associations funds
E The compilation of the annual report and cash statement
F Taking of a decision on Association membership and exclusion
   
§9 Session of the Board of Directors
1 For the sessions of the board of directors the members are to be invited by the First Chairperson, in case of his/her hindrance by the Second Chairperson, in a timely manner, however, at least one week prior to the session.
2 The board of directors is able to constitute a quorum, if at least three members are present. The board of directors decides with a simple majority of the validly cast ballots. In the event of a tie, the vote of the First Chairman decides respectively the member of the board of directors who is leading the session.
3 A protocol is to be made of the session of the board of directors. The transcript should contain location and time of the session of the board of directors, the agenda, the name of the participants, the decisions, as well as the result of the vote.
   
§10 Cash Management
1 The means needed in order to achieve the Association’s purpose are primarily comprised of contributions and donations.
2 The treasurer is to keep the accounts and to provide an annual financial statement.
3 The annual financial statement is to be verified by an annual accounts auditor, who is elected for three years. The annual financial report is to be submitted for approval to the meeting of the members.
   
§11 Meeting of the Members
1 The meeting of the members is responsible for the following matters:
A Acceptance of the reports of the board of directors
B Determination of the amount of the annual membership fee
C Election and revocation of the members of the board of directors and the annual accounts auditor
D Passing a resolution on changes to the Association Articles and the dissolution of the Association
2 The proper meeting of the members takes place at least once per year. Moreover, the meeting of the members should be called upon, when the interests of the Association call for it.
3 Each meeting of the members is convened by the First Chairperson of the board of directors, in case of his/her hindrance by the Second Chairperson, within a time limit of two weeks through a written personal invitation sent to the last known address by the Association. The scheduled agenda is to be included.
4 Each member is allowed to request that further points should be added to the agenda retroactively at least one week prior to the date of the meeting of the members and in writing to the First Chairperson. The decision on retroactive additions to the agenda, which are made during the meeting, will be decided upon by the meeting of the members.
   
§12 Adoption of a Resolution of the Meeting of the Members
1 The meeting of the members is headed by the First Chairperson, in case of his/her hindrance by the Second Chairperson or another member of board of directors. At elections, the head of the meeting can be transferred for the duration of the ballot and the prior discussion of the election committee.
2

In the meeting of the members, each member is allowed to cast a ballot. Every ordinarily convened meeting is able to constitute a quorum without regard to the number of Association members present.


 

3 Insofar as the Association Articles do not specify otherwise, the adoption of a resolution is decided by a simple majority; abstentions from voting are not regarded. In order to change the Association Articles and to dissolve the Association, a majority of three fourths of the appeared members is needed.
4 The manner of the vote is strictly determined by the First Chairperson as head of the meeting.
5 A protocol is to be made of the meeting of the members, which is to be signed by the First Chairperson. The transcript should contain location and time of the session of the board of directors, the agenda, the name of the participants, the decisions, the result of the vote and the manner of the vote.
   
§13 Advisory Committee
  Unless otherwise specified, the board of directors can call upon an advisory committee, which has the task to advise in questions of the Association that are important and crucial to the development of the Association.
   
§14 Dissolution
1 The dissolution of the Association can only be decided in a meeting of the members for this sole purpose.
2 The decision on the use of the funds requires the consent of the responsible finance office.
3 In case of a dissolution of the Association or in case of discontinuation of tax-deductible purposes, the Association’s funds – subject to the consent of the Finance Office in accordance with figure 2 – are transferred to the Lothar & Christel Fischer Foundation, which directly and solely should use the funds for non-profit purposes in accordance with these Association Articles.