Easy Cat Club Europe
§ 1: Name, Residence and Field of activity
The Club shall be called "Easy Cat Club Europe", short: ECCE. The clubs residence is Hollenthon 29, 2812 Hollenthon (Austria) and extends it's activities in whole Europe.
§ 2: Objectives / Purposes
The club, which activities are non-profit, aims:
2.1. The pooling of purebred- and pedigree cat breeders , as well as owners of domestic cats and/or purebred/pedigree cats.
2.2. The exchange of diverse experiences and knowledge, either in person, at meetings or by phone.
2.3. The exchange of Breed- and Caring experiences.
§ 3: Means to achieve the Club's Purpose and Objectives:
3.1. Meetings of breeders and und admirers of purebred/pedigree cats and domestic cats.
3.2. Consultation and advice for breed beginner.
3.3. Advice and help for cats owners and other interested persons.
3.4. Guidelines and rules for the care and breeding of purebred/pedigree cats.
3.5. Studbook management and pedigree production.
3.6. Planning and running events of any kind.
3.7. The funds required fot this purpose are applied by:
3.8. a) Membership fees
b) Pedigree fees
d) Proceeds from various events
e) Other financial grants
§ 4: Club Year
The Club Year shall commence on 1st May of the current year and ends on 30th April of the following calendar year.
§ 5: Types of Membership:
5.1. The Club's members are divided into ordinary, extraordinary (associate) and honorary members. The application for a membership must be declared in writing.
5.2. Ordinary members are those who fully participate in the Club's work. Extraordinary (associate) members are those who mainly promote the Club's activities by paying a higher membership fee. Honorary members are persons appointed and entitled to act because of special services to the Club.
§ 6: Acquisition of Membership
6.1. Members of the Club can be all natural persons who have attained the age of majority (legal age).
6.2. The admission of ordinary and extraordinary members is decided by the Board. The admission into the Club can be refused without giving reasons.
6.3. The Club's Board provides applicants to full membership during a first meeting, which should take place at the applicants cattery.
6.4. Until the formation of the association, the preliminary admission of ordinary and extraordinary members takes place by the club founding members. In case of an already existing Executive Board it takes place through this. This membership will be definite only after the Club's formation, as well as the definite admission of ordinary and extraordinary members by the Club's founding members.
6.5. The appointment of honorary members shall be amde at the request of the Executive Board by the General Assembly.
§ 7: Termination of Membership
7.1. The membership expires by death, for legal persons and unincorporated companies by the loss of legal personality, voluntary resignation and through exclusion.
7.2. The withdrawal/membership resignation can occur at any time in writing. Annual membership fees are non-refundable at an early exit.
7.3. The Club's Board may expel/exclude a member if, despite two written reminders and after setting a reasonable grace period, the member is still in arrears with membership fee payments for more than six months. The obilgation to pay the due membership fees remains unaffected.
7.4. The exclusion of a member from the Club can also be decided and executed by the Club's Board for gross breach of other membership obligations and due to dishonorable conduct. The Member shall be notified about the decision in writing. An appeal by the member against this exclusion may be directed to tribunal of arbitration. Until the decision by the tribunal all membership rights are withdrawn. The appeal has to be made in writing within four weeks after the receipt of the exclusion by the Board, otherwise the exclusion shall be deemed agreed.
7.5. The withdrawal of honorary membership can be decided and executed by the General Assembly on request of the Club's Board for the reasons stated in para. 7.4.
§ 8: Rights and Obligations of Members:
8.1. Members are entitled to participate in all Club events and to use the Club's facilities. The Voting Rights in the General Assembly, as well as the active and passive right to vote, is an entitlement solely for ordinary and honorary members.
8.2. Each member is entitled to demand the execution of the statutes by the Club's Executive Board.
8.3. At least one tenth of the members may ask the Board to convene a General Assembly.
8.4. The members have to be informed by the Club's Board at each General Assembly on the activities and financial management of the Club. If at least one tenth of members requires this information, stating the reasons, the Club's Board has to make these informations accessible to the members concerned within four weeks.
8.5. The members have to be informed by the Club's Board on audited accounts (account assignment). If this is done during the General Assembly, the auditors have to be involved.
8.6. Members are obliged to promote the Club interests to their ability and to refrain from any action that could harm the Club's reputation and /or could result in the Club's discontinuation. Members have to respect the Club's statutes and the decisions of the Club's organs/committees. The ordinary and extraordinary members are to promptly pay the agreed (- in the General Assembly -) amount of joining fees and membership fees.
§ 9: Club organs / Committees:
Club organs / Committees are the General Assembly, the Club's Executive Board, the Auditor(s) and the Tribunal of Arbitration .
§ 10: General Assembly
10.1. The called/named General Assembly is the "Members' Meeting" according to the Associations (Clubs) Act 2002. The ordinary General Assembly will be held every 2 years.
10.2. An axtraordinary General Assembly will/can take place because of the:
a) Decision of the Board or the ordinary General Assembly,
b) Written request by at least one tenth of the members,
c) Request by the Auditor (§ 21 Abs.5 1st sentence VereinsG),
d) Decision of the/an Auditor/s (§ 21 Abs.5 2nd sentence VereinsG, § 12 Abs.2 3rd sentence of this statute)
e) Decision of a court-appointed curator (§ 12 Abs.2 last sentence of this statute)
within 4 weeks.
10.3. For both the ordinary, as well as the extraordinary General Assembly members are to be invited at least two weeks prior to the appointment in writing, by fax or by email (adresses, fax and phone number contact informations are the informations given by the members during the membership application process). The convening of the General Assembly must include the agenda. Meetings - in this case the General Assembly - are called by the Board (section 1 and 2 lit. a-c), by the Auditor (section 2 lit. d) or by the court-appointed curator (Par. 2 lit. e)
10.4. Applications for the General Assembly are to be submitted to the Board in writing by fax or email at least three days before the date of the General Assembly.
10.5. Valid decisions - except those concerning a request to convene and extraordinary General Assembly - can only be consolidated to the agenda.
10.6. At the General Assembly all members are eligible. Entitled to vote are only the ordinary and honorary members. Each member has one vote.The vote on behalf of another member through written authorization is allowed.
10.7. The General Assembly has a quorum regardless of the number of members present.
10.8. Elections and resolutions at the General Assembly are usually made by a simple majority of the valid votes. Decisions with which the Club's statute may be changed or if the Club is to be dissolved, require a qualified majority of two thirds of the valid votes.
10.9. The chair of the General Assembly shall be the chairman / chairwoman, in its / their absence his / her alternate. If these are unable to attend the oldest member by years present can be appointed as chairman / chariwoman.
§ 11: Tasks of the General Assembly:
Following duties are reserved for the General Assembly:
a) Resolution on the estimates
b) Acceptance and approval of the annual report and accounting statements with the involvement of Auditors
c) Election and dismissal of members of the Board and Auditors
d) Approval of legal transactions between the Auditors and the Club
e) Support of the Board
f) Determining and fixing the amount of the joining fee and membership fees for ordinary and extraordinary members.
g) Awarding and withdrawing honorary membership
h) Resolution on amendments and changes to the Club statutes and the voluntary dissolution of the Club.
i) Discussion and decision on other items on the agenda.
§ 12: (Executive) Board
12.1. The (Executive) Board consits of six members, namely from chairman / chairwoman ( President) and Proxy (Vice-President), Secretary and Proxy, Treasurer and Proxy, PR Marketing Manager and Breeding Supervisor (Consultant).
12.2. The Board is elected by the General Assembly. In case of the resignation of a member the Board has the right to appoint another eligible member to the Board. In this case the subsequent approval must be obtained in the next General Assembly. Is the Board in a state of non-completion by co-option at all or in an unpredictable long time, each Auditor is obligated to call an extraordinary General Assembly for the purpose of electing a new Board. Should the Auditor/s be incapacitated, each ordinary member who recognizes the emergency may be eligible and responsible to request a curator at the competent court which shall immediately convene and extraordinary General Assembly.
12.3. The term of the (Executive) Board is 4 years; Re-election is possible. Each function on the Board is exercised personally.
12.4. If the chairman / chairwoman (President) is incapacitated, the Board has to be convened by his / her proxy in writing or orally. If the Proxy is incapacitated/prevented on unpredictably long time every other Board member may convene the Board.
12.5. The Board has a quorum if all members have been invited and at least half of them are present.
12.6. The Board shall take its decisions by a simple majority; when a tie vote occurs/happens, the chairman / chairwoman ( President) shall be decisive.
12.7. Chaired is the Board by the chairman / chairwoman (President), in absence by his / her Proxy. If the Proxy is incapacitated/preventend the oldest Board member by years present or the Board member determined by a majority of the other Board members can be appointed chairman / chairwoman.
12.8. Apart from death and expiry of the term (para. 3) the function of a Board member expires by dismissal (para. 9) and cancellation (para. 10).
12.9. The General Assembly may at any time dismiss the entire Board or individual members. The dismissal becomes valid with the appointment of a new Board or Board member/s.
12.10. The Board member/s may at any time declare their resignation. The resignation has to be declared in writing. The resignation has to be directed at the Board, in case of resignationof the entire Board it has to be directed to the General Assembly. The resignation shall take effect and become valid upon the election or co-option (para. 2) of a successor.
§ 13: Tasks of the (Executive) Board:
The Board is responsible for managing the Club. It is the "managing body" according to the Associations (Clubs) Act 2002. It is responsible for all tasks that are not assigned to another organ/committee. In it's sphere of activity the following matters:
1) Establishment of a - corresponding to the requirements of the Club - accounting with continuous recording of the revenue / expenditure and keeping a lists of assets as a minimum requirement.
2) Preparation of financial estimates, the annual report and accounts.
3) Preparation and convening of the General Assembly in the cases of §9 para. 1 and para. 2 lit. a-c of these statutes.
4) Informing the members about the Club's activities, the Club financial management and the audited accounts.
5) Management of assets on liquidation.
6) Admission and exclusion of ordinary and extraordinary members of the Club.
7) Admission and dismissal of employees of the Club.
§ 14: Special Obligations of Individual Board Members
1) The chairman / chairwoman (President) conducts the business of the Club. The Proxy (Vice-President) supports the chairman / chairwoman (President) in leading the Club's business.
2) The chairman / chairwoman (President) represents the Club externally. Written documents of the Club are only valid with the signature of the chairman / chairwoman (President) and the Secretary, in money matters (disposition of assets) with the signature of the chairman / chairwoman (President) and the Treasurer. Legal transactions between Board members and the Club require the authorization of another Board member.
3) Legal authorizations to represent the Club externally or to sign for him, can only be granted and executed of the Board members stated in Para. 2.
4) In exigent circumstances, the chairman / chairwoman (President) has the right, even in the matters or in range of action of the General Assembly and/or Board to take his / her own arrangements with autonomously responsibilty; internally this is however in need of the subsequent approval of the Club's competent organ/committee.
5) The chairman / chairwoman (President) shall preside over the General Assembly and the Board.
6) The Secretary is responsible for the protocols of the general Assembly and the Board.
7) The Treasurer/Cashier is responsible for the proper financial management of the Club.
8) In case of inability to attend the chairman / chairwoman (President), the Secretary and Treasurer are replaced by their respective Proxies / Alternates.
§ 15: Auditor/s
1) Two Auditors shall be elected by the General Assembly for a term of 2 years; re-election is possible. The Auditors are not allowed to be part of the organ / committee whose activities are the subject of examination/inspection - except the General Assembly.
2) The Auditor/s control and audit the current financial management of the Club with the regard to the proper accounting and - regarding the statutes - proper utilization of the funds. The Board is responsible to provide the Auditors with the necessary informations and documents. The Auditors have to inform the Board of the audit reports outcome.
3) Legal transactions between the Auditors and the Club require the approval of the General Assembly. Apart from that Auditor/s are applied the regulations of §12 para. 8-10 mutatis mutandis.
§ 16: Tribunal of Arbitration
1) To settle all kinds of Club related disputes the internal tribunal of arbitration is to be appointed. It is one form of "concillation" according to the Associations (Clubs) Act 2002 and no Tribunal of Arbitration in accordance with §§577 ff ZPO.
2) The Tribunal of Arbitration shall consist of three ordinary members of the Club. It is formed such that a disputing member shall appoint another member to the Board as arbitrator. Upon demand by the Board within 7 days, the other party to the dispute has to appoint another member as arbitrator in his case to the Board. After notification by the Board within 7 days, the selected arbitrators elect a third ordinary member to chair the arbitral tribunal within further 14 days. With equality of votes among those the Tribunal chair is assigned by lot. The members of the arbitral tribunal are not allowed to be part of an organ / committee - except the General Assembly - whose activities are the subject of the dispute.
3) The Tribunal shall render its decision, after hearing both parties in the presence of all its members, by a simple majority vote. The Tribunal decides to its best knowledge and belief. Its decisions are final.
§ 17: Voluntary dissolution of the Club
1) The voluntary dissolution of the Club may only be decided and executed in a General Assembly and only with a two-thirds majority of all valid votes.
2) This General Assembly has also - provided Club assets exist - to decide on the further settlement. In particular, it has to appoint a liquidator and pass a resolution as to whom the remaining - after liabilities are fulfilled - Club assets are transferred. The existing assets should as far as possible and allowed go to an organization of animal welfare or similar. To an organization which purpose is similar to the Club, otherwise if this is not possible to another purpose/organization of social welfare and assistance.