Constitution of the German-Indian Law Association

I. Name, Registered Office, Aim

Art. 1 Name, Registered Office, Registration

1. The name of the association is "Deutsch-Indische Juristenvereinigung e. V.".
2. The registered office of the association is in Kempten (Allgäu).
3. It is to be registered in the register of associations at the local court of Kempten (Allgäu).

Art. 2 Aim of the Association

1. The aim of the association is
* to promote the encouragement and promotion of relations between Indian and German lawyers
* to promote communication between Indian and German lawyers
* the deepening and promotion of knowledge and comprehension of Indian Law in Germany and German Law in India.
2. The aim of the association will be achieved through:
* conventions and conferences
* seminars and lectures
* conduction of exchange of visits
3. The association is non-partisan and independent, and it exclusively and directly pursues charitable aims within the meaning of the "Aims Entitling Tax Relief" ["Steuerbegünstigte Zwecke"] section of the German Tax Act [Abgabenordnung]. The association does not work for its own gain and does not seek to make financial profit. Pursuing its own financial goals is not a primary aim of the association.
4. The association funds can only be used for purposes in accordance with the constitution. The members do not receive any money from association funds. No person is to profit from expenditure which is not for the purposes of the association, or from disproportionately high reimbursement.

II. Membership

Art. 3. Achievement of Membership

1. Members of the association may be:
a. ordinary members
b. institutional members
which are prepared to support and promote the aim of the association.
2. Ordinary membership shall have graduated from an law school (e.g. "erstes juristisches Staatsexamen") or shall have an equivalent qualification.
3. Applications for admission shall be in writing to the board. The board of directors decides in respect to these applications. In case the board rejects such an application, the applicant can ask the General Meeting in written form to decide over his application.
4. Honorary members will be appointed by the general meeting on the basis of a recommendation by the board.

Art. 4 Subscription Fees

1. All members pay an annual subscription fees, which will be determined by the general meeting.
2. Honorary members are exempt from the obligation to pay subscription fees.

Art. 5 Cessation of Membership

1. Membership ceases on
a. death in case of ordinary members
b. through dissolution in the case of an institutional member
c. resignation, which have to be notified to the board in writing and become effective with the end of year.
d. expulsion by the board after granting a hearing of the member, if
i. a member has not paid the annual subscription fee after three due notices or
ii. has acted severely contrary to the interests of the association.
The notification of the expulsion has to be transmitted to the member by registered post and has to give the reasons for the expulsion. The member affected can lodge within one month with the board a written appeal against the expulsion, and a decision will be made on the appeal at the next general meeting.

III. Organs of the Association

Art. 6 The General Meeting

1. The general meeting shall meet every second business year.
2. The general meeting is to be called in writing by the President at least two month before, giving the agenda of the meeting. Additional points are to be placed on the agenda by notifying the board in writing at least one month before the general meeting. Changes to the agenda are decided by the general meeting at the beginning of session.
3. The President may call for an extraordinary General Meeting at any time due to grave reason.
4. The extraordinary General Meeting may also be called jointly by the Vice-President and the General Secretary at any time due to grave reason.
5. The extraordinary General Meeting shall also be called if one tenth of the members of the Association request from the board such a Meeting in writing which shall include the intention and reasons.
6. The extraordinary General Meeting is to be called at least one month before. The invitation shall include the reason for such an extraordinary General Meeting and its agenda.
7. The general meeting is to be chaired by the President. If he is unable to do so, by the Vice President, the Vice President by the General Secretary
8. Each member has one vote in the general meeting. Resolutions are passed by simple majority of the members present. Members that cannot participate the meeting personally may transfer their votes on other members, but no member may represent more than three votes. Votes are casted openly, unless a secret vote is demanded.
9. Changes to the constitution require a three-forth majority of the members present.
10. The general meeting elects the President, the Vice President, the General Secretary and the Treasurer for a period of four years by simple vote of the votes casted by the members present. It accepts their reports and decides on a yearly basis whether to release the board from liability.
11. Minutes of the resolutions of the general meeting are to be produced, and are to be signed by the chairperson of the meeting and the person who recorded the minutes.

Art. 7 The Board

1. The board conducts the business of the Association. It consists of the President, the Vice-President and the General Secretary. They have to be members as prescribed in § 2 sec. 1.) lit a.) in this constitution.
2. The board members are to be elected from the general meeting for a period of four years, and remain in office until the election of a new board. The first board shall be elected by the foundation meeting.
3. The board, within the meaning of the German Civil Code [BGB] consists of the President, the Vice-P resident and the General Secretary. The President is entitled to represent the association alone, the Vice-President and the General Secretary represent jointly.
4. The General Secretary is Keeper of the Minutes and Treasurer.
5. The board will meet at the request of the President or the joint request of Vice-President and General Secretary, however, at least one board meeting should take place each year before the General Meeting.
6. The board can make decisions by simple majority of the members present. If a member is unable to physically attend, a written vote is allowed.

IV. Final Provisions

Art. 8 Fiscal Year

The business year of the association corresponds to the calendar year.

Art. 9 Dissolution

1. The association may be dissolved by resolution of the general meeting, which must be passed by a majority of three quarters of the members present.
2. In the event of dissolution, the general meeting shall appoint one or more persons as liquidator(s), who will be responsible for the liquidation of the assets of the association and receive respective proxies.
3. In the event of dissolution, the assets of the association must be given to an organisation entitled to tax concessions, to be used for purposes entitled to tax concessions. The transfer of assets can only occur with the approval of the relevant tax office.

Art. 10 Additional Clauses

As long as not stipulated otherwise in this constitution, the rules of the German Civil Code in §§ 21 seq. are applicable.


Kempten, July 21st, 2001

The founders:

Thilo Grutschnig
Natascha Kottisch
Tina Neff
Rainer Nitsche
Claudius Pflug
Kristina Tewes
Stephan Thomae

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