Initial Version, adopted November, 1st 1997
§ 1 Name, Seat, Financial Year, Language
- The Association shall bear the name LEGATO and shall be entered in
the register of associations. The Association shall have its seat in
Karlsruhe, Germany.
- The financial year of the Association shall be the calendar year.
- The business of the Association shall be conducted in English, unless
legal requirements stipulate otherwise.
§ 2 Purpose, Charitable Status
- The Association shall be the umbrella organisation for lesbian and
gay choirs and ensembles in Europe. The purpose of the Association shall
be to:
- Promote art and culture, particularly to promote choral singing
- Promote understanding between nations, particularly by staging
events with participants from many European nations
- Work for the emancipation of lesbians and gays in Europe and combat
discrimination against these groups.
- The Association is formed for purposes which are exclusively and directly
charitable. It shall not work to further its own selfish interest and
shall not pursue commercial goals.
- Funds belonging to the Association may be used solely for purposes
in keeping with this Constitution. Members shall not be entitled to
share in any profits and shall have no other claim on the funds of the
Association in their capacity as members.
- All offices of the Association shall be honorary.
- The Association neither opposes nor endorses any causes of a political
or religious nature.
§ 3 Membership
- The Association shall comprise regular members and promoting members.
Regular membership shall be open to European choirs and ensembles with
at least four members. Promoting membership shall be open to all natural
and legal persons who agree with the aims of the Association and want
to support them.
- The Committee shall decide the outcome of each written application
for membership. In the event of the application’s being rejected, the
Committee shall be under no obligation to give reasons for the rejection.
Rejected applicants wishing to appeal must do so in writing within one
month, appeal being to the General Meeting. The decision of the General
Meeting shall be final.
- Membership shall be terminated by death, in the case of a natural
person, or by the dissolution of the legal person, by resignation, or
by expulsion. Notice of resignation must be given in writing to the
Committee one month before the end of a quarter. Expulsion must be for
an important reason. Reasons justifying expulsion include:
- Conduct prejudicial to the Association or its aims.
- Breach of the duties laid down in this Constitution.
- Arrears in membership contributions of at least one year.
The Committee shall decide on expulsions, which it must communicate
in writing, giving reasons for the expulsion. The expelled member may
appeal to the General Meeting, and must communicate the wish to do so
in writing to the Committee within one month of expulsion. The decision
of the General Meeting shall be final. The rights of the member shall
be suspended, pending the decision of the General Meeting. Contributions
paid covering future periods do not become repayable on conclusion of
membership.
§ 4 Rights and Duties of Members
- The Association shall levy membership fees, in amounts and at intervals
fixed by the General Meeting. The amounts for regular members and promoting
members may be different, and may be scaled depending on the number
of members a choir/ensemble has and its financial power. Decisions on
reduced subscriptions, deferment of payment and exemptions shall rest
with the Committee whose decision shall be final.
- Members of the Association are required to communicate changes of
name, address or authority to represent to the Committee immediately.
If the member is an association with no legal capacity, the member must
appoint a contact person with authority to represent the member.
- All members shall have the right to attend, apply to and address the
General Meeting. Legal persons and associations with no legal capacity
may send one delegate only. No natural person may represent more than
two members. Every regular member shall have one vote: promoting members
shall not be entitled to vote.
- Officers of the Association shall have the same rights and duties
as promoting members, but shall not be required to pay subscription
fees.
- Other rights and duties of members shall be fixed by the General Meeting.
§ 5 Organs of the Association
The organs of the Association shall be the General Meeting and the Committee.
§ 6 General Meeting
- The Committee shall summon a General Meeting at least once a year,
or if at least one fifth of the members demand one in writing, giving
the reasons for and purpose of the Meeting. The Committee shall issue
an invitation to the Meeting at least two months in advance, the invitation
to include a provisional agenda, either in the Association newsletter
or in some other appropriate written form or via telecommunications.
A member shall be deemed to have received the invitation if it is sent
to the most recent postal, fax or E-mail address notified to the Association.
- If the invitation has been issued in accordance with this Constitution,
the General Meeting shall be deemed to constitute a quorum irrespective
of the number of members who actually attend. The Meeting shall be chaired
by the chairperson of the Committee or it may elect a chairperson.
- The General Meeting shall not be open to the public, but guests may
be admitted. Participants of member choruses or ensembles are allowed
to take part and to speak, if the General Meeting does not make a different
decision.
- The General Meeting shall have sole responsibility for:
- Electing a person to take the minutes and a chairperson, if necessary
- Admitting guests and approving the agenda
- Decisions on changes to the Constitution, including the purpose
of the Association
- Dissolution of the Association
- Electing and dismissing the Committee
- Electing the auditor
- Receiving the financial report from the Committee and discharging
it
- Receiving the auditor’s report
- Taking final decisions on appeals against expulsion or rejection
of application for membership
- Fixing the amount and due dates for membership fees
- Stipulating additional rights and duties not named in the Constitution,
in accordance with § 4.
- Applications for dismissal of the Committee, changes to the Constitution
or dissolution of the Association not included in the invitation issued
to members cannot be dealt with until the next meeting. Applications
for changes to the Constitution must made verbatim, with supporting
reasons.
- Votes shall be by show of hand, unless, in individual cases, a quarter
of the regular members present request a secret ballot. Decision shall
be by simple majority. A tie shall be deemed to constitute rejection
of the question. Dismissal of the Committee changes to the Constitution,
including changes to the purpose of the Association, and dissolution
of the Association require a two-thirds majority. Abstentions and invalid
votes shall not be included in the calculation.
- All natural persons, who are regular participants one of the member
choruses or ensembles, shall be eligible for election.
- The decisions of the General Meeting shall be recorded in the minutes,
which are to be signed by the chairperson and the person who took the
minutes. Changes to the Constitution must be recorded verbatim. The
minutes must also include the name and seat of the regular members represented
at the meeting, along with the names of the persons representing them.
§7 Committee
- (1)The Committee shall have three members, to include at least one
man and at least one woman.
- (2)The Committee shall be elected by the General Meeting for a term
of two years. It shall remain in office until a new committee is elected.
Individual members of the Committee may offer themselves for reelection.
- (3)If a member of the Committee steps down before his/her term has
expired, the other members shall elect a replacement member to serve
for the remainder of the unexpired term. If a further member steps down,
the Committee must summon a General Meeting immediately, at which a
completely new Committee shall be elected.
- (4)The Committee can be dismissed by a two-thirds majority of those
attending a General Meeting. A new Committee shall then be elected immediately.
- (5)The Committee shall be responsible above all for the day-to-day
business of the Association. It shall represent the Association in and
out of court. Each Committee member has authority to represent the Association.
- (6)The Committee shall take decisions at meetings in person, to which
Committee members must be invited by letter, fax or E-mail at two weeks’
notice; alternatively, decisions may be taken by letter, fax or E-mail.
If the Committee, at one of its meetings, decides the time and place
of future meetings or decides to meet regularly at a particular place,
the invitation requirement shall lapse. A decision shall require the
votes of at least two Committee members.
- (7)The decisions of the Committee must be recorded in the minutes,
which the Committee must sign. The minutes must be available to regular
members for inspection on demand. Any costs arising shall be borne by
the member.
- (8)If the interests of the Association so require, the Committee may
distribute tasks, meaning that it may create further offices of the
Association and appoint persons to carry them out. These shall include
in particular the editing of an Association magazine, the management
of a music archive, the keeping of address lists and a calendar of events
as well as the organisation of choir meetings and events. These offices
shall be abolished immediately on completion of the relevant tasks,
if these are not recurring, or when it transpires that the tasks cannot
be carried out.
§ 8 Dissolution of the Association
- In the event of the Association being dissolved or its purpose being
abolished, the assets of the Association shall pass to the Deutsche
AIDS-Hilfe, which shall use them exclusively and directly for charitable
purposes.
- In the event of dissolution, the General Meeting can stipulate another
recipient or recipients by simple majority; such recipients may also
use the assets for charitable purposes only. Such a decision shall be
void if the German tax authorities withhold their consent to it.
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