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Community Council | Posts: 664 | Thanked: 1,648 times | Joined on Apr 2012 @ Hamburg
#21
Originally Posted by klinglerware View Post
As long as there is some codification in place that details what non-EU citizens are legally allowed to do/not allowed to do, and details on how non-EU citizens can still influence governance within the structure of an e.V, I think this should be acceptable.
The codification is in german law and limits board only in the way that those directors being signed at court (at least 1, in our case Chair and 2 Vice) have to be either EU residents or EU citizens (with EU ID). Now if Board positions were extended to lets say 5*), no restrictions would apply for #4+5. The downside is that both can't replace Chair or the 2 Vice (in case they leave) if neither one is EU resident or citizen.

*) Believe it or not, for now, Board positions have a minimum of 3, that's it. There is no other rule in either bylaws, General Regulations or Board Regulations that limits this in any other way. We were happy to have the min. required volunteers and a limit didn't appear exactly as needed, so that simply was left open (for improvement, probably).
So much for the legendary coup d'etat and power garb...

Bylaws § 7 Board of directors:
(1) The Board of Directors consists of three or more**) natural persons at least 21 years of age. It shall represent the association legally and extrajudicial.
(2) Only active members may become Director.
(3) The Board of Directors shall designate a chair and two Deputy Directors. Any two of these three Board members together are authorized to fully represent the association.
(4) The Board's duties, especially rules to announce board meetings, their proceedings and executions of votes are regulated by the Board's internal regulations which shall be decided on by a simple majority vote of the Board of Directors.
(5) The Board of Directors executes the Council's and General Assembly's rulings.
(6) On termination of individual Board members, the duties of the retiring Board member can be taken over by the remaining Board members, provided that these agree. Alternatively, the Board may supplement until the next regular election by board resolution from the number of active members.
(7) Board members can be removed on request by the General Assembly with good cause. An important reason is especially given if the member is accused of criminal behavior, which makes further activity for the association unreasonable.

**) Just discovered a flaw in the translation... So far, it only said:
(1) The Board of Directors consists of three natural persons... (corrected now)
Since the german version gets considered at court, no worries there.

Again, here's all the legal docs:
Satzung/Bylaws: https://etherpad.mozilla.org/AMabik4zeD
Vereinsordnung/General Regulations: https://etherpad.mozilla.org/imtFYfpUKK
Vorstands-Geschäftsordnung/Board Regulations: https://etherpad.mozilla.org/uwQXMscA2n
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Last edited by Win7Mac; 2014-09-30 at 21:30. Reason: formatting
 

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