DeAN - Deutsch-Australisches Netzwerk e.V. Constitution

Art. 1 Name, Registered Office, Business Year

1. The name of the association is "DeAN - Deutsch-Australisches Netzwerk". It is to be registered in the register of associations.
2. The registered office of the association is in Passau. The registered office can be moved by resolution of the general meeting.
3. The business year of the association corresponds to the calendar year.

Art. 2 Aim of the Association

1. The association is an association of people who have previously studied in Australia. The aim of the association is to promote exchanges for academic and research purposes between Germany and Australia at a university level, and to provide a cross-cultural and cross-disciplinary forum for information, to assist students and academics of both countries in undertaking exchanges for study, research or teaching.
2. The aim of the association will be achieved, in particular, through:
   • Establishing, promoting and developing the exchange of academic thought with German students and academics in Australia and Australian students and academics in Germany
   • Holding lectures, seminars and other academic events at universities in Germany and Australia
   • Providing information and advice on studying in Australia and for Australian students in Germany
   • Improving the conditions and financial support for study, research and teaching exchanges in both countries

Art. 3 Membership of other Associations

The association can join other associations as a full or associated member.

Art. 4 Charitable Status

1. The association is non-partisan and independent, and it exclusively and directly pursues charitable aims within the meaning of the "Aims Entitling Tax Relief" ["Steuerbegünstigte Zwecke"] section of the German Tax Act [Abgabenordnung].
2. The association does not work for its own gain and does not seek to make financial profit. Pursuing its own financial goals is not a primary aim of the association. The association funds can only be used for purposes in accordance with the constitution. The members do not receive any money from association funds. In appropriate circumstances, members can be reimbursed for costs incurred.
3. No person is to profit from expenditure which is not for the purposes of the association, or from disproportionately high reimbursement.

Art. 5 Membership

1. "DeAN - Deutsch-Australisches Netzwerk" consists of:
   1. ordinary members
   2. institutional members
   3. honorary members
2. Ordinary membership is open to natural persons who have studied, conducted research or taught at an Australian university, or who demonstrate some other interest in the aim of the association. It is not necessary for such persons to have graduated from an Australian university.
3. Institutional membership is open to legal persons, as well as other institutions and associations which are prepared to support and promote the aim of the association.
4. Honorary members will be appointed by the general meeting on the basis of a recommendation by the board. 
5. The board of directors is responsible for the decision to admit new members. Notwithstanding art. 9(6), the board may do this by the following procedure:

   The president or a board member to whom the president delegated the task will notify the other board members of the names of the persons who have applied for membership. If a simple majority of the board members is in favour of the admission or there is no response within two weeks of receipt of the notification, the person is deemed to be admitted. The person applying for membership will be informed of the decision by the president or a board member to whom the president delegated the task. 

Art. 6 Cessation of Membership

1. Membership ceases on resignation, expulsion or death or, in the case of an institutional member, through their dissolution.
2. Resignation can be notified to the board in writing at any time. However, resignation does not release the member from the obligation to pay subscription fees for the current business year.
3. The board can expel a member who has acted contrary to the interests of the association. The member affected can lodge an appeal against the expulsion, and a decision will be made on the appeal at the next general meeting.

Art. 7 Subscription Fees

1. With the exception of honorary members, all members are obliged to pay annual subscription fees. Subscriptions fall due at the beginning of the business year, or, in the year in which the member joins the association, when the notice of acceptance of membership is received. The amount of the subscription fees will be determined by the general meeting.
2. In justified exceptional circumstances, the board can, following an application, exempt individual members from the obligation to pay subscription fees.

Art. 8 Organs of the Association

The organs of the association are the board and the general meeting.

Art. 9 The Board

1. The board consists of the President, two Vice-P residents, the General Secretary and Deputy, the Treasurer and Deputy, and a maximum of five further members.
2. The board members are to be elected from the general meeting for a period of two years, and remain in office until the election of a new board. If a member of the board retires earlier, the board is to appoint a suitable replacement for the remaining period of office. The first board shall be elected by the foundation meeting.
3. With respect to the election of the board, regard should be had to achieving, as far as possible, a balance in the representation of different subject areas.
4. The board can make decisions by simple majority. If a member is unable to physically attend, a written vote is allowed.
5. The board, within the meaning of the German Civil Code [BGB] consists of the President, the two Vice-P residents, the General Secretary and Deputy, and the Treasurer and Deputy, each of which acting alone is entitled to represent the association.
6. The board will meet at the request of the President or two members of the board. At least one board meeting should take place each year. The board will have a quorum if at least three members are present.

Art. 10 Powers of the Board

The board conducts the business of the association. It is responsible for all matters relating to the association, except insofar as another organ of the association has been assigned such responsibilities.

Art. 11 The General Meeting

1. The general meeting should meet at least every second business year.
2. The general meeting is to be called in writing by the President, or, if he/she is unable to do so, by one of the Vice Presidents, at least one month before, giving the agenda of the meeting. Acceptable means of written communication within the association are by e-mail, fax or any other form of modern communication.
3. Each member can propose additional points to be put on the agenda. This is done by notifying the board in writing at least two weeks before the general meeting.
4. The general meeting is to be chaired by the President, or, if he/she is unable to do so, one of the Vice Presidents.
5. Each member has one vote in the general meeting. Institutional members may send a representative to protect their rights. By providing written authorisation, members can authorise other members to represent them.
6. The general meeting has the following responsibilities:
   • election of the board and release of the board from liability
   • approval of the budget put forward by the board
   • determination of subscription fees
   • acceptance of the reports of the board and of the auditors
   • making changes to the constitution and resolutions for the dissolution of the association
   • making decisions regarding joining / becoming associated with another organisation
   • making resolutions for moving the registered office of the association, in accordance with Art 1 paragraph 2
   • making decisions in relation to other matters, which are expressly reserved to be made by the general meeting
7. The general meeting is capable of passing resolutions if it has been called in accordance with the rules in the constitution. Resolutions are passed by simple majority of the members present. Changes to the constitution, however, require a two-thirds majority of the members present.
8. Minutes of the resolutions of the general meeting are to be produced, and are to be signed by the chairperson of the meeting and the person who recorded the minutes.
9. An extraordinary general meeting can be called by resolution of the board, or at the request of a fifth of the members.

Art. 12 Dissolution

1. The association may be dissolved by resolution of the general meeting, which must be passed by a majority of three quarters of the members present.
2. In the event of dissolution, the general meeting shall appoint one or more persons as liquidator(s), who will be responsible for the liquidation of the assets of the association.
3. What is to be done with the assets of the association is to be determined by resolution of the general meeting. The assets of the association must be given to a public organisation or another body entitled to tax concessions, to be used for the promotion of learning and research. The transfer of assets can only occur with the approval of the relevant tax office.

 Bonn, 27 September 1997, as amended 4/7/98 and 20/11/98

Translation by Jacqueline Mowbray, Brisbane