Constitution

 

Version at 08 December 2017

The provisions of this constitution apply equally to both women and men. For reasons of readability, however, the generic masculine form is used when referring to persons unnamed. The female form is always equally intended, with the exception of provisions which refer explicitly to women.

§1 Name, Registered Office and Purpose

(1) The Association shall bear the name “Bund der Freunde der Technischen Universität München e.V.”.

(2) It has its registered office in Munich and is entered in the register of associations of the Munich Municipal Court.

(3) The purpose of the Association is the promotion of science and research. The Association supports and promotes the Technical University of Munich both intellectually and materially.

(4) The Association shall also act as a promotional organisation within the meaning of § 58.1 defining non-profit organisations. It raises funds and directs them to the Technical University of Munich (and other tax-privileged bodies) for the promotion of scientific aims and the promotion of learning, or art and culture.

§2 Facilities and Events

The Association realizes its statutory purposes, for example, through

a) Scientific, artistic and social events,

b) Support of scientific and artistic events at the TU Munich,

c) Support of guest lectures and lecture series,

d) Collection and provision of funds for research and teaching at the Technical University of Munich, for example also for initiatives aimed at

  • the promotion of gifted students and study assistance,
  • the international orientation of research and teaching at the TUM,
  • the promotion of international cooperation in higher education and exchange,

e) Maintaining contact between the graduates and the Technical University of Munich,

f) Awards ceremonies for outstanding scientific achievements,

g) Financial support for initiatives and institutions at the TU Munich (or non-profit organisations or public corporations/institutions) that serve to reconcile work and family life for scientists, employees and students of the TUM (e.g. TUM Nurseries).

§3 Fund Raising

The funds of the Association are raised through membership fees, single donations and miscellaneous revenues.

§4 Fulfilment of Statutory Purpose

(1) The Association pursues exclusively non-profit purposes within the meaning of the section “Tax-privileged purposes” of the German Tax Code. The Association is altruistically active; it does not primarily pursue its own economic purposes. The funds of the Association may only be used for statutory purposes.

(2) The members of the Association do not receive any payments from the Association’s funds.

(3) The members of the Association do not receive any payments from the Association’s assets upon their resignation or upon disbandment or dissolution of the Association.

(4) No person may benefit from expenses that are unrelated to the purposes of the Association or from disproportionately high remuneration.

§5 Acquisition and Termination of Membership

(1) Legal entities, companies, associations of persons and individuals can become members of the Association.

(2) Membership is acquired by written confirmation of membership and its written acceptance by the board.

(3) Membership is terminated by death, termination, exclusion.

  • a) Notice of termination can only be given at the end of a financial year and must be given in writing to the Executive Board no later than 4 weeks before the end of the financial year.
  • b.) The exclusion is to be declared by the Executive Board. In particular, a member can be excluded if he is in arrears with the payment of the membership fee after the end of the financial year after two requests have been made. A complaint against the expulsion may be made to the Board of Trustees.

(4) Individuals who have rendered outstanding services to the Association may be appointed honorary members at the General Assembly of Members.

§6 Membership Fee

(1) In view of the purpose of the Association, the membership fee shall be adjusted to the personal capacity of each member according to his or her self-assessment.

(2) The minimum amount of the membership fee is determined at the General Assembly of Members by resolution. The amount of the contribution may be determined differently according to groups of members, insofar as this is factually justified.

(3) The membership fee is payable within the first 3 months of each business year (October to December) without specific request.

(4) Defaulting members will be reminded once to pay the membership fee.

§7 Organs

The organs of the Association are

a) the Executive Board,
b) the Board of Trustees,
c) the General Assembly of Members.

Committees may be formed by the Board of Directors and the Board of Trustees as required.

§8 The Executive Board

(1) The board consists of the Chairman, the Deputy Chairman, the Secretary, the Treasurer.

(2) The Association is represented by the Chairman both in and out of judicial proceedings.

(3) The Chairman, the Secretary and the Treasurer are elected by the Board of Trustees. They may not be employees of the Technical University of Munich. The Vice Chairman is the incumbent President of the Technical University of Munich.

(4) The Chairman, the Secretary and the Treasurer are elected for a term of 3 years. Re-election is permissible.

(5) For prematurely resigning members of the Board, the Board itself may elect replacements. The term of office of a replacement shall run until the next meeting of the Board of Trustees.

(6) A person who has distinguished himself through special merits as Chairman of the Board in the course of several years of activity may be appointed Honorary Chairman by resolution of the General Assembly of Members.

§9 Tasks of the Executive Board

The Executive Board conducts the current business of the Association. In particular, it is responsible for the administration and use of the Association's funds; in doing so, it shall adhere to the guidelines issued by the Board of Trustees insofar as the Association's assets are to be drawn on. The Executive Board shall report to the Ordinary General Assembly of Members on the past financial year and present the audited annual accounts.

§10 Management of the Executive Board#

(1) The Chairman, or if he is prevented from doing so, the Deputy Chairman, shall manage the day-to-day business of the Executive Board. The (Deputy) Chairman is bound by the majority decisions of the Executive Board. Where necessary, the Chairman shall convene meetings of the Executive Board. At the written request of at least 2 members of the Executive Board, a meeting of the Executive Board must be convened. The board is quorate if its members are duly invited and at least 2 of them are present at the meeting. Resolutions are passed by the Board by a simple majority and minutes are taken in writing.

(2) If certain provisions of the Constitution conflict with the entry in the register of associations or the recognition of charitable status by the tax office, the board is entitled to make the corresponding changes independently.

(3) In order to issue declarations of intent by which the Association acquires more than a mere statutory benefit, the Chairman must obtain the countersignature of the Deputy Chairman or the Secretary or the Treasurer.

§11 The Board of Trustees

(1) The Board of Trustees consists of 8 members to be elected by the General Assembly of Members; it can co-opt up to 4 persons. The Chairman of the Executive Board is also Chairman of the Board of Trustees. As Deputy Chairman of the Executive Board, the incumbent President of the Technical University of Munich is also Deputy Chairman of the Board of Trustees. The Secretary and the Treasurer are members of the Board of Trustees.

(2) In addition to the President, up to two other employees of the Technical University of Munich may be members of the Board of Trustees.

(3) The members of the Board of Trustees, with the exception of the incumbent President of the Technical University of Munich, are elected by the General Assembly for a term of three years. The Executive Board has the right of nomination. An election for a term of office shorter than 3 years is permissible. Re-election is permissible. Notwithstanding this provision, the term of office of the employees of the Technical University of Munich shall end upon their departure from the Technical University or upon their retirement.

(4) The Chairman of the Board of Trustees may appoint replacements in the event of premature departure of members of the Board of Trustees. The term of office of replacement persons runs until the end of the next Ordinary General Assembly of Members.

§12 Duties of the Board of Trustees

The Board of Trustees is responsible for

1. electing the members of the Executive Board in accordance with § 8,

2. defining the general guidelines for the Association,

3. advising the Executive Board and establishing general guidelines for the development of the Association,

4. ruling on complaints from members against their expulsion.

§13 Convening and Passing Resolutions of the Board of Trustees

(1) The Board of Trustees shall be convened by the Chairman as required.

(2) At the written request of at least 3 members of the Board of Trustees, the Chairman is obliged to convene the meeting.

(3) The Board of Trustees has a quorum if its members are duly invited and at least four of them are present at the meeting.

(4) Resolutions of the Board of Trustees are passed by a simple majority of the members present. In the event of a split vote, the Chairman shall have the casting vote. In the event of a split vote in the election of the Chairman, the Deputy Chairman shall have the casting vote.

§14 The General Assembly of Members

(1) The Ordinary General Assembly of Members takes place within 6 months after the end of each financial year.

(2) The Executive Board may convene an Extraordinary General Assembly of Members. An Extraordinary General Assembly shall be convened if at least one tenth of the members submit a written application to the Chairman of the Board of Trustees.

(3) The members are to be invited in writing with announcement of the agenda at the latest three weeks before the General Assembly.

(4) The Chairman of the Executive Board shall chair the General Assembly; if he is prevented from attending, another member of the Executive Board to be determined by the Executive Board shall chair the General Assembly.

(5) Each member has one vote in the General Assembly. Representation is not permitted by proxy. Only the items announced in the invitation are subject to the resolution of the General Assembly. Further items are to be put on the agenda, provided that this is requested by at least 10 members at least one week before the General Assembly.

§15 Duties of the General Assembly of Members

The General Assembly of Members is responsible for

1. Approval of the annual report and the annual accounts,

2. Ratification of the actions of the Executive Board,

3. Ratification of the actions of the Board of Trustees,

4. Election of the members of the Board of Trustees,

5. Election of the auditor of the annual financial statements and the deputy auditor,

6. Amendments to the constitution,

7. Resolution on the dissolution of the Association,

8. Passing resolutions on the appointment of honorary members and honorary chairmen.

§16 Resolutions of the General Assembly

(1) Resolutions of the General Assembly on amendments to the statutes and dissolution of the Association shall be passed by a three-quarters majority of the members present, other resolutions by a simple majority of the members present. Members who abstain shall be treated as non-appearing members. In the event of a split vote, the Chairman decides by lot in elections.

(2) Minutes shall be taken of the resolutions, which shall be kept by the Chairman of the General Assembly and are to be signed by the Secretary.

§17 Dissolution

In the event of disbandment or dissolution of the Association, or if its previous tax-privileged purpose ceases to exist, the entire assets of the Association shall be transferred to the Technical University of Munich on condition that the assets received are transferred exclusively and directly for non-profit purposes within the meaning of §1 Para. (3) of the Constitution.

§18 Financial year

The financial year begins on October 1 and ends on September 30.

The German version of the Constitution alone is legally binding.