§1 Name, location and field of activity
(1) The association bears the name “International Society of Mayr “ Doctors“
(2) The club has its seat in Gröbming
(3) The association extends its activities to the whole of Austria and also to other countries
§2 Purpose
The association, whose activity is not aimed at profit, pursues the purpose of disseminating the diagnostic and therapeutic findings of the Austrian physician and researcher Dr. med. Franz Xaver Mayr in the cooperation of its members or to develop them further in a timely manner, as well as to achieve their recognition by the entire medical profession.
§3 Means to achieve the purpose of the association
(1) The purpose of the association shall be achieved by the non-material and material means mentioned in paragraphs 2 and 3.
(2) The ideal means are:
a) the organization of training courses to train doctors in accordance with the guidelines for the Diploma of Complementary Medicine, Diagnostics and Therapy of Dr. F.X. Mayr to obtain this diploma.
b) the organisation of other continuing education and training courses
c) the organization of lectures, congresses and conferences
d) the publication of a bulletin
the publication of a newsletter
e) Execution and promotion of research projects for the scientific underpinning of diagnostics and therapy according to Dr. F.X. Mayr
(3) The necessary material resources shall be raised through
a) Membership dues
b) Proceeds from education and training events, lectures, seminars, media
c) fees for other club events
d) donations, collections, assets and other benefits
e) Subsidies and other public benefits
§4 Types of membership
(1)The members of the association are divided into
a) Full members
b) Extraordinary members
c) supporting members
d) Honorary members
ad a) Full members are doctors and dentists who have obtained the diploma of the International Society of Mayr Doctors.
ad b) Extraordinary members can be all physical persons.
ad c) Promoting members may be physical or legal persons who materially support the activities of the Association.
ad d) Honorary members are persons who have been appointed honorary members by resolution of the general meeting because of special merits for the goals of the society.
§5 Acquisition of Membership
(1) All physical and legal persons and partnerships with legal capacity may become members of the Association.
(2) Physical persons require the diploma of the International Society of Mayr Doctors, acquired through successful participation in the training courses organized by the Society, in order to become full members.
(3) The board decides on the admission of ordinary and extraordinary members on written request of the interested parties. Admission can be refused without giving reasons.
(4) The appointment of supporting and honorary members shall be made at the proposal of the Executive Board by resolution of the General Meeting with a two-thirds majority.
§6 Termination of membership
(1) Membership expires through death, in the case of legal entities and partnerships with legal capacity through loss of legal personality, through voluntary resignation and through exclusion.
(2) Withdrawal can only take place on 31.12. of each year. It must be notified in writing to the Executive Committee at least three months in advance. If the notification is made too late, it is only effective on the next withdrawal date. The date of posting is decisive for the timeliness of the notification.
(3) The Executive Board may expel a member if, despite two written reminders, the member is in arrears for more than three months with the payment of the membership fee, setting a reasonable period of grace. The obligation to pay the due membership fees remains unaffected.
(4) The exclusion of a member from the association can be ordered by the executive committee after prior hearing of the person concerned, also because of gross violation of other member obligations and because of association-damaging, as well as dishonorable behavior. An appeal against such exclusion is admissible at the general meeting. However, the rights of the members are suspended until the decision of the General Assembly.
§7 Rights and duties of the members
(1) The members are entitled to participate in all events of the association and to claim its facilities. The right to vote in the general meeting as well as the active and passive right to vote are entitled to the ordinary members and only the honorary members, who were before ordinary members.
(2) Each member has the right to demand that the board issue the statutes.
(3) At least one tenth of the full members may demand that the Executive Board convene a General Meeting.
(4) The members are to be informed about the activities and financial management of the association by the executive committee at each general meeting. If at least one tenth of the ordinary members request this, stating their reasons, the Executive Committee shall provide the members concerned with such information within four weeks.
(5) The members are to be informed by the board about the audited financial statement (accounting). If this is done at the general meeting, the auditors are to be involved.
(6) The members are obliged to promote the interests of the association to the best of their ability and to refrain from doing anything that could damage the reputation or purpose of the association. They must observe the statutes of the Association and the resolutions of the organs of the Association. The ordinary and extraordinary members are obliged to pay the membership fees punctually in the respective amount decided by the general meeting. The dues must be paid in the first quarter of the year. Members who join later must also pay the full membership fee.
(7) Honorary members are exempt from paying membership fees.
§8 Organs of the association
Organs of the association are the general meeting (§§ 9 and 10), the executive committee (§§ 11-13), the auditors (§ 14) and the arbitration court (§ 15).
§9 General meeting of members
(1) An ordinary general meeting takes place once a year.
(2) An extraordinary general meeting shall take place at
a) Resolution of the board of directors or the ordinary general meeting
b) Written request from at least one tenth of the members
c) Demand of the auditors (§21 para. 5 first sentence VereinG)
d) Resolution of the auditor (§ 21 para. 5 second sentence VereinG, §12 para. 2 third sentence of these statutes)
e) Resolution of a court-appointed trustee (§ 11 paragraph 2 last sentence of these statutes) within four weeks
(3) All members must be invited to both the ordinary and the extraordinary general meetings at least two weeks before the date in writing by post, by fax or by e-mail (to the fax number or e-mail address provided by the member to the association). The General Meeting shall be convened by stating the agenda. The meeting shall be convened by the Executive Committee (para. 1 and para. 2 lit. a-c), by an auditor (para. 2 lit. d) or by a court-appointed curator (para. 2 lit. d).
(4) Motions for the general meeting must be submitted to the executive committee in writing by post, fax or e-mail at least eight days before the date of the general meeting.
(5) Valid resolutions - except for those concerning a motion to convene an extraordinary general meeting - can only be passed on the agenda.
(6) All members are entitled to participate in the general meeting. Only ordinary members and honorary members who were previously ordinary members are entitled to vote. Each member has one vote. The transfer of the right to vote to another member by means of a written authorization is permissible.
(7) The general meeting is quorate regardless of the number of attendees.
(8) The elections and the resolutions in the general meeting usually take place with a simple majority of the valid votes cast. Decisions to change the statutes of the association or to dissolve the association require a qualified majority of two thirds of the valid votes cast.
(9) The General Assembly shall be chaired by the President or, in his absence, by his deputy. If the deputy is also unable to attend, the oldest member of the executive committee present for years shall preside.
§10 Tasks of the General Assembly
(1) Acceptance and approval of the annual report and the financial statements with the involvement of the auditors.
(2) Decision-making on the estimates.
(3) Election and dismissal of the members of the Board of Directors and the auditors
(4) Approval of legal transactions between auditors and association
(5) Approval of the actions of the Management Board
(6) Determination of the amount of membership fees for ordinary and extraordinary members
(7) Award and withdrawal of honorary membership
(8) Resolution on amendments to the Articles of Association and voluntary dissolution of the Association
(9) Consultation and adoption of resolutions on other questions on the agenda
§11 Executive committee
(1) The Board consists of eight members: the President and his deputy, the Treasurer and his deputy, the Secretary and his deputy, and a scientific coordinator and his deputy.
(2) The executive committee is elected by the general meeting. If an elected member resigns, the Executive Committee has the right to co-opt another eligible member in his place, for which subsequent approval must be obtained at the next General Meeting. If the executive committee fails without self-supplement by co-optation at all or for an unforeseeably long time, every auditor is obliged to call an extraordinary general meeting immediately for the purpose of electing a new executive committee. If the auditors are also unable to act, every ordinary member who recognises the emergency situation must immediately apply to the competent court for the appointment of a trustee, who must immediately convene an extraordinary general meeting.
(3) The term of office of the executive committee is four years; re-election is possible. Each function on the board is to be exercised personally.
(4) The executive committee is convened by the president, in case of prevention by his deputy, in writing or orally. If the deputy is also unable to attend for an unforeseeable period of time, any other member of the Executive Board may convene the Executive Board.
(5) The executive committee has a quorum if all its members have been invited and at least half of them are present.
(6) The Executive Board passes its resolutions by a simple majority of votes; in the event of a tie, the President has the casting vote.
(7) The chairman of the board is the president, in case of his absence his deputy. If the deputy is also unable to attend, the chair shall be held by the oldest member of the Executive Board present at the meeting or by the member of the Executive Board appointed by the other members of the Executive Board.
(8) Except by death and the expiration of the term of office, the function of a board expires by dismissal (para. 9) or resignation (para. 10).
(9) The general meeting may at any time remove the entire executive committee or individual members thereof from office by a two-thirds majority of the members present and entitled to vote. The dismissal takes effect with the appointment of the new board or board member.
(10) The members of the Executive Board may resign in writing at any time. The declaration of resignation shall be addressed to the Executive Board, in the event of the resignation of the entire Executive Board to the General Assembly. The resignation becomes effective only with the election or co-optation (paragraph 2) of a successor.
§12 Tasks of the Executive Board
The executive committee is responsible for the management of the association. It is the "management organ" in the sense of the Association Act 2002. It is responsible for all tasks which are not assigned to another organ of the Association by the statutes. In particular, the following matters fall within the scope of its activities:
(1) Establishment of an accounting system corresponding to the requirements of the association with continuous recording of income and expenditure and maintenance of an inventory of assets as a minimum requirement.
(2) Preparation of the annual budget, the annual report and the annual accounts for the financial year. The accounting year corresponds to the period 01.10. of the previous year to 30.09. of the current year or the calendar year.
(3) Preparation and convening of the General Meeting in the cases of § 9 para. 1 and para. 2lit.a-c of these Statutes
(4) Information of the association members about the association's activities, the association's management and the audited financial statement.
(5) Administration of the association's assets
(6) Admission and exclusion of ordinary and extraordinary members of the association
(7) Contracting and dismissal of employees of the association
§13 Special obligations of individual Executive Board members
(1) The president is in charge of the day-to-day business of the Association and chairs the Executive Board and the General Assembly.
(2) The president represents the association externally. Before paying invoices and before entering into financial obligations and risks exceeding 5000 Euro, the President must have the cashier sign off from them. Legal transactions between board members and association require the agreement of a not involved board member.
(3) Legal powers of attorney to represent the Association externally or to sign for it may only be granted by the members of the Executive Board named in para. 2.
(4) The clerk has to support the president with the completion of the association business. In particular, he is responsible for the proper keeping of the minutes of the general meeting and board meetings.
(5) The treasurer is responsible for the proper financial management of the association.
(6) If they are prevented from attending, the president, treasurer and clerk shall be replaced by their deputies.
§14 Controller
(1) Two auditors are elected by the general meeting for a period of 2 years. Re-election is possible. The auditors may not belong to an organ - with the exception of the general meeting - whose activity is the subject of the audit.
(2) The auditors are responsible for the ongoing control of the Association's business as well as the auditing of the Association's financial management with regard to the regularity of the accounting and the use of funds for the financial year in accordance with the statutes. The Executive Board shall submit the necessary documents to the auditors and provide the necessary information. The auditors shall report the results of the audit to the Executive Board and the General Meeting.
(3) Legal transactions between auditors and association require the approval of the general meeting. Otherwise, the provisions of § 11 para. 8-10 shall apply mutatis mutandis to the auditors.
§15 Arbitration court
(1) In order to settle all disputes arising from the Association's relationship, the internal Arbitration Court of the Association shall be appointed, insofar as these Statutes have not assigned the decision to the General Assembly. It is a "conciliation body" in the sense of the Association Act 2002 and not an arbitration court according to §§ 577 ff ZPO.
(2) The Court of Arbitration is composed of three ordinary members of the Association. It shall be formed in such a way that one party to the dispute appoints one member as arbitrator to the Board in writing. Upon request by the executive committee within seven days, the other party to the dispute shall nominate a member of the arbitral tribunal within 14 days. After notification by the executive committee within seven days, the arbitrators nominated shall elect a third ordinary member as chairman of the arbitral tribunal within a further 14 days. In the event of a tie, the proposed arbitrators shall be chosen by lot. The members of the arbitral tribunal may not belong to any organ - with the exception of the general meeting - whose activity is the subject of the dispute.
(3) The arbitral tribunal shall reach its decision by a simple majority of votes in the presence of all its members, after hearing both parties. It shall decide to the best of its knowledge and belief. Its decisions are final within the Association.
§16 Voluntary dissolution of the association
(1) The voluntary dissolution of the association can only be decided in an extraordinary general meeting convened for this purpose and only with a two-thirds majority of the valid votes cast.
(2) This general meeting also has to decide - if the association's assets are available - on the winding up of the association. In particular, it shall appoint a liquidator.
§17 Use of the association's assets in the event of resignation of members, dissolution of the association or cessation of the favoured purpose
In the event of dissolution of the Association or if the previous beneficiary purpose of the Association ceases to apply, the Association's assets remaining after the liabilities have been covered shall be used for non-profit or charitable purposes in accordance with §§ 34ff BAO.
As far as possible and permitted, the assets shall fall to institutions which pursue the same or similar purposes as this association.