Articles

 

INDEX

 
§ 1  Object of the Association

§ 2  Name and seat of the Association

§ 3  Membership

§ 4  Fees

§ 5  Bodies of the Association

§ 6  Rights and obligations of the board

§ 7  Members’ meeting

§ 8  Use of funds

§ 9  Dissolution of the Association

 

 

§ 1

Object of the Association

 

 

The object of the German Maritime Arbitration Association is to bring together persons connected with maritime law arbitration in the German sea ports;

To further, on an international level, maritime law arbitration in the German sea ports and the importance of these sea ports as maritime law arbitration locations.

To further the reputation of German maritime law arbitration internationally.

To support the work of those active in German maritime law arbitration by means of exchanges of experiences and study events involving legal and practical matters which are of interest for maritime law arbitration.

An economic business activity is not intended. The Association pursues exclusively non-profit purposes. Its purpose is altruistic and it does not pursue own economic purposes.

§ 2

Name and seat of the Association

 

 

The Association bears the name:

 

"GERMAN MARITIME ARBITRATION ASSOCIATION"

 

The seat of the Association is Hamburg.

§ 3

Membership

 

 

Any natural person can become a member of the Association if their legal or practical work in shipping or maritime transport is involved with German maritime law arbitration.

The board decides on whether or not a person can become a member.

The membership terminates as a result of death, resignation or exclusion. A resigning member must inform the chairman of the board in writing. This declaration may only be made at the end of a calendar year. The members’ meeting decides on the exclusion of members. Exclusion is only possible for cause. Cause is present if a member does not fulfil the requirements of para. (1).

Parting members have no right to the assets of the Association.

 

§ 4

Fees

 

A one-off fee of EUR 150.00 is payable upon joining the Association.

The annual membership fee is EUR 80.00, provided that it is not altered by a simple majority of the members’ meeting.

 

§ 5

Bodies of the Association

 

 

The bodies of the Association are the board and the members’ meeting.

The board is comprised of the chair, one or two deputy chairs and a treasurer. The board members are elected by the members’ meeting for a period of three years. The board remains in place, however, until a new board has been elected.

The ordinary members’ meeting takes place once per year. Extraordinary members’ meetings take place where necessary – in particular in connection with educational activities which further the object of the Association.

 

§ 6

Rights and obligations of the board

 

 

The business of the Association is conducted by the chairman of the board in consultation with the other board members. He executes the Association resolutions and manages the Association’s assets.

The chair represents the Association in all legal dealings which accrue in pursuing the object of the Association. The chair can establish obligations for the Association in such a way that the liability of the members is restricted to the assets of the Association. The chair is only authorised to enter into legal dealings to the extent that the financial obligations resulting from them can be fulfilled using the Association’s assets. The chair is obliged to adopt a provision in all contracts to be concluded in the name of the Association that the members of the Association are only liable up to the amount of the assets of the Association.

The treasurer manages the Association’s finances and keeps regular accounts of all income and expenditure. The treasurer is to provide the ordinary members’ meeting with an accounting report. The treasurer receives payments on behalf of the Association in exchange for the treasurer’s exclusive receipt. Payments for the purposes of the Association can only be made by the treasurer upon written instructions from the chair.

§ 7

Members’ meeting

 

 

The ordinary members’ meeting resolves on the annual report, the accounting report of the treasurer, the approval of the board’s actions and the new election of the board.

The majority vote of the members appearing is decisive for resolutions, and if there is a tie of votes it is the chair’s vote which is decisive. Resolutions which effect a change to the articles and resolutions on dissolution require a ¾ majority of the members appearing.

The board determines the items on the agenda for the members’ meeting and convenes the meetings via a special written invitation to the members with notification of the items on the agenda. Members’ meetings are to be called at least one week before they take place.

§ 8

Use of funds

 

 

The Association’s funds may only be used for purposes which conform with the articles. The members are not to receive any financial support from the Association’s funds.

Nobody may benefit from expenditure which is not in accordance with the object of the Association or from remuneration which is disproportionately high.

§ 9

Dissolution of the Association

 

 

In the event of the dissolution or breakup of the Association or the cessation of its hitherto pursued object, the Association’s assets are to be passed on to the Deutscher Verein für Internationales Seerecht in Hamburg.

 

 

[Version from 21 November 2001]