§ 1 Name, registered office, registration and fiscal year
1. The official name of the society is “Deutsche Aquarell Gesellschaft/German Watercolour Society e.V.”, short DAG/GWS
2. The society is based in Scheeßel (Germany).
3. The society obtains the registration into the register of associations of the district court in Walsrode (Germany).
4. The fiscal year is identical to the calendar year.
§ 2 Purpose of the society
1. It is the purpose of the society to promote the arts, especially watercolor painting.
To widen the appreciation of contemporary watercolor painting within the art scene. To encourage the members‘ affinity to watercolor painting, to serve as a platform for all watercolorists and to cultivate artistry. To support and popularize freelance contemporary artists.
The society is above party lines, religiously unaffiliated and does not make any restrictions with regard to nationality.
2. The society wants to fulfill the mission of its articles through:
a) Promotion of the shaping of public opinion concerning watercolor by means of presentations and other activities particularly with regard to the appreciation of contemporary creative power, but also regarding the appraisal of former periods of art;
b) Organization and promotion of workshops, watercolor painting courses and seminars for children and adults, organization of exhibitions, organization of visits to exhibitions, galleries, studios, fairs and museums at home and abroad, art journeys, lectures and activities similar in kind;
c) Co-operations, exchange and cooperative work with watercolor and art associations and other organizations at home and abroad whose purpose aims at supporting watercolor activities;
d) Creation of an Internet portal and a magazine for members;
e) The operation of a meeting place to host meetings, workshops and to execute art exhibitions and cultural activities.
§ 3 Benefit to the public
1. The society is a not-for-profit organization. It does not primarily have the object of commercial viability.
2. The society’s pursuits are solely and exclusively charitable within the meaning of the clause “Non-profit Purposes” of the German Revenue Code.
3. Any capital of the society is earmarked. Possible profits may only be used for the statutory non-profit purpose. The members of the society and its entities do not obtain any shares in profits and no grants from society capital.
4. No person may be advantaged by administrative expenses, which do not support the society’s purpose, or by disproportionately high compensations.
5. Upon withdrawal, the member does not get any payment from society assets.
6. Amendments of the statutes that might affect the fiscal approval of the society’s charitable purpose have to be brought into agreement with the local tax office. Decisions on suchlike amendments of the statutes principally come into effect with the declaration of the tax office when the amendments are tax-neutral.
7. Upon dissolution of the society or frustration of its former purpose, the assets of the society fall to the share of a charitable association whose purpose is pointed at arts and has to be used directly and exclusively for charitable objectives in the sense of “Promotion of the Arts”.
§ 4 Acquire membership
1. The society distinguishes between “members” with voting power and “passive members” who are not entitled to vote.
Every person entitled to the civil rights, of full age and willing to support the society’s objectives can become a member.
Beyond that, companies and institutions that want to support the objectives of the society can become passive members.
All members are bound to pay the amount set by the General Meeting. A passive member is a company or institution that supports the art society with one donation a year.
2. To become a member or passive member, a binding written application for admission has to be sent to the Executive Board.
3. The Executive Board decides on the admission at it’s own discretion. In case of refusal, the Executive Board is not obligated to give reasons to the applicant.
§ 5 Membership termination
1. The membership is terminated in case of
a) Death of the member
d) Dissolution of the society
2. By board decision, a member can be excluded if
a) He/she is all or part behind on the membership fee in spite of two written notifications. The exclusion may not be finalized until two weeks have elapsed after forwarding the second notice and if the threat of exclusion was part of this notice.
b) He/she has culpably and grossly offended the society’s interests. The Executive Board has to give the member an opportunity to give his/her view. The board decision has to be explained in writing and has to be sent to the member.
3. Withdrawal can be effected anytime and has to be sent to the Executive Board in writing.
4. Any demand against the society expires with expiration of the membership.
§ 6 Honorary membership
People who have rendered outstanding services to watercolor in general or the society in particular can be appointed to be honorary members of the society.
Honorary members are exempted from payment of membership fees.
§ 7 Membership fees
1. The society charges annual membership fees.
2. The General Meeting decides about its height.
3. The member has to pay the entire annual membership fee even if he/she is a member for part of the fiscal year only.
§ 8 Organs of the society
Organs of the society are:
1. The Executive Board,
2. The General Meeting,
3. The Artistic Advisory Board.
§ 9 Executive Board
1. The Executive Board of the society consists of at least three and at most seven members.
2. The Executive Board consists of:
a) The chairman,
b) up to 2 vice chairmen,
c) the treasurer
d) up to 3 additional board members
3. Any natural person who is a member of the society is eligible for election.
4. The society is judicially and extra-judicially represented by its chairman alone or by a vice chairman in conjunction with another member of the Executive Board.
§ 10 Responsibilities and duties of the Executive Board
1. The Executive Board is responsible for any matter of the society unless it is decided by statute or in particular cases reserved to a 3/4 majority of the General Meeting.
2. The executive is particularly responsible for:
a) The calling and the organization of the General Meeting and the schedule of the agenda;
b) The execution of decisions by the General Meeting;
c) The execution of the budget, the accounting, the preparation of business report and cash statement and the event schedule;
d) The decision-making on the acceptance or exclusion of members;
e) The recruitment, dismissal and surveillance of personnel and the organization of any resulting legal relationship.
§ 11 Election and period of office of the Executive Board
1. The members of the Executive Board are elected by the General Meeting for a period of two years.
2. The time in office starts with the end of the General Meeting during which the election took place. It is terminated with the end of the General Meeting, which decides on the release of the board.
3. In case a member of the Executive Board resigns ahead of time, the Executive Board can co-opt a successor for the remaining period of office of the former board member until a successor is elected by during the next General Meeting.
§ 12 Board meetings and resolutions
1. During its meetings, which, by announcement of the agenda, are convened by the chairman or his/her oldest vice chairman in case the chairman is prevented, the Executive Board passes resolutions. A convocation time of at least two weeks shall be kept.
2. The Executive Board has a quorum when at least half of the board members are present. The majority of the valid votes cast is relevant for the adoption of a resolution. In case of equality of votes, the chairman’s vote is decisive, in his/her absence the vote of his/her oldest vice chairman
3. The Executive Board may also adopt resolutions by word of mouth, telephone, in written form, by fax, email, Skype or similarly if any board member agrees. Resolution and vote have to be put into writing. Resolution and vote have to be announced to all board members.
4. Resolutions whose execution result in liabilities of more than EUR 5.000 for the society or resolutions about generous contributions require a majority of 2/3 of the valid votes cast.
5. The joint board may elect an executive committee for current transactions from its midst. On request of a single board member, the joint board has to resolve on upcoming decisions.
§ 13 Expenses of the Executive Board
Expenses of the members of the Executive Board can be refunded on presentation of an expense voucher.
§ 14 Artistic Advisory Board
1. By resolution of the Executive Board, membership of the Artistic Advisory Board may be offered to personalities of science or artists.
2. The Artistic Advisory Board shall advise the Executive Board in any matter that requires artistic expertise, especially the selection of exhibits ort he arrangement of other artistic events. The chairperson of the Artistic Advisory Board is convened by the Executive Board.
§ 15 Duties of the General Meeting
1. The General Meeting shall be responsible for:
a) The acceptance of annual and cash report issued by the Executive Board;
b) The adoption of a resolution on the election of the board members;
c) The adoption of a resolution granting discharge to the Executive Board;
d) The adoption of a resolution on amendments of the statutes;
e) The adoption of a resolution on the society’s dissolving;
f) The adoption of a resolution on the height of the membership fees;
g) The adoption of a resolution on the application of a member or honorary member according to §§ 4, 5 and 6.
2. Furthermore, the General Meeting shall be responsible for cash auditing. For this purpose, it elects at least one accounts auditor who takes the cash audition and provides the Executive Board with a report accordingly.
§ 16 Convening of the General Meeting
1. Once a year the chairman, in case of prevention his/her oldest vice chairman, convenes the ordinary General Meeting.
2. Convening period is at least 28 days. Convening is effected:
a) By written invitation via email to all members and
b) By announcement in the society’s communication media (e.g. homepage, members’ magazine)
3. The agenda has to be part of the invitation. The agenda can be amended by a member’s request in writing to the Executive Board which has to be received at least seven days prior to the General Meeting. The members do not have to be advised of this amendment before the General Meeting.
4. In case of written invitation, the timeliness of the invitation’s dispatch is crucial. The date of dispatch and/or the announcement and the date of the General Meeting are not counted when determining the term.
5. Extraordinary General Meetings have to be convened if the Executive Board resolves to do so with a majority of 2/3 of the valid votes cast or if 1/10 of the members requests to do so via written statement to the Executive Board that has to contain reason and purpose and a suggested agenda.
§ 17 Resolution of the General Meeting
1. The General Meeting is presided by the chairman, in case of his/her prevention by his/her oldest vice chairman or else the treasurer, in case of his/her prevention by the oldest board member. In case there is no member of the board present at the meeting, the General Meeting appoints a member to act as the chairman of the meeting. For elections, the presidency has to be conferred to a member who does not run for a post.
2. The acting chairman decides on the type of vote. The vote has to be made in writing if 1/3 of the members present request to do so.
3. Regardless of the number of members present, the General Meeting has a quorum.
4. Each member has one vote, which can be transferred to another member in written form in case of prevention. Only members that have paid the annual fee for the current business year are entitled to vote.
5. Votes are taken with the ordinary majority of valid votes cast. A 3/4 majority of valid votes cast is required for resolutions on amendments of the statutes or the dissolution of the society.
6. A written record of the resolutions of the General Meeting has to be drawn up by the secretary, in case of his/her prevention by a minute writer who has been determined by the acting chairperson. The record has to be signed by the acting chairperson and/or the secretary/minute writer.
Statutes issued 02 August 2012