Statutes of the IPP-Sozialwerks e.V.

Statutes of the IPP-Sozialwerks e.V.

Please note that only the German version of the statutes are legally binding. The English translation is only provided for purposes of convenience.

§1 Name and place of the Association

1. The association has the name "IPP-Sozialwerk e.V." (hereinafter referred to as Sozialwerk).

2. It has its seat in Garching near Munich and is registered in the Munich Register of Associations under the number VR 7 57 6.

§2 Purpose of the Association

1. The Sozialwerk is active in the social field for the benefit of its members and their families. In doing so, it supports persons in the sense of the tax code. The Sozialwerk operates selflessly; it does not primarily pursue its own economic purposes.

2. According to the purpose of the statutes, tasks of social and cultural care are primarily carried out and the care incumbent on the employer is supplemented. Funds of the Sozialwerk may only be used for purposes in accordance with the articles of association. The members do not receive any benefits from the funds of the association. No person may be favored by expenses that are alien to the purpose of the corporation or by disproportionately high remuneration.

3. The availability and allocation of services of the Sozialwerk shall be regulated by the board of directors. There shall be no legal entitlement to benefits from the Sozialwerk; priority shall be given to ordinary members.

4. The Board of Directors may conclude cooperation agreements with associations pursuing a similar purpose.

§3 Fiscal Year

The fiscal year is the calendar year.

§4 Membership

1. Any active or retired member of IPP and MPCDF (formerly Rechenzentrum) may become an ordinary member. Associate members can be all members of Max Planck Institutes. Associate members have no voting rights.

2. A written declaration of membership is required for the acquisition of membership. In the case of minors, the declaration requires the consent of their legal representatives.

3. Members who have retired from active service at IPP remain full members unless they declare their resignation.

4. There is no legal claim to membership. The board of directors decides on applications for membership.

5. The membership ends

a. by written declaration of resignation to the board. The resignation vbecomes effective at the end of the fiscal year. A period of one month to the end of the year must be observed for the declaration of resignation.

b. by exclusion in the event of good cause. An important reason exists in particular if a member of the association grossly violates his membership obligations and the association cannot be expected to expect the member to remain in the association, taking into account the interests of both parties, or if the member is in arrears with two annual membership fees. The board of directors decides on the exclusion. Before the decision is made, the member concerned must be given the opportunity to make a written or oral statement to the Executive Board within a reasonable period of time, which may not be less than two weeks. The decision of the Executive Board on the exclusion shall be communicated to the member concerned in text form and shall be accompanied by reasons. Upon the decision, the membership of the member concerned shall be suspended.

c. by the death of the member.

6. the resigned or excluded member has no claim against the association's assets.

§5 Membership fee

1. The general meeting determines the membership fee and the payment modalities in a membership fee regulation.

2. The membership fee shall be withheld from employees with the remuneration for the month of February and transferred to the social welfare organization, or otherwise collected by SEPA direct debit. Should a collection not be successful for a reason for which the member is responsible, the member shall bear the costs.

3. if a member joins during a calendar year, the membership fee will be charged on a pro rata basis.

4. contributions already paid will not be refunded.

§6 Organs of the Association

The organs of the association are the board and the general meeting.

§7 Board of Directors

1. The board consists of eight persons; the chairman, the deputy chairman, the treasurer and 5 assessors.

2. The chairman, the vice-chairman and the treasurer form the executive committee in the sense of § 26 BGB. Each of its members is authorized to represent the Association individually.

3. The executive committee is responsible for all matters of the association, as far as they are not assigned by these statutes to the general meeting.

4. A member of the managing board invites to board meetings by text form, i.e. also by e-mail.

5. The executive committee is quorate with presence of three members. The Board shall pass its resolutions by a majority of the votes cast. Resolutions with an impact of more than 5,000 euros per year shall be passed by a majority of the votes cast. Abstentions shall count as votes not cast. The resolutions of the Board of Management shall be adopted at Board meetings. However, the Board of Management may also pass resolutions by telephone or e-mail, in which case each member of the Board of Management must be given the opportunity to participate in the passing of the resolution. Minutes must be taken of the resolutions. The resolutions must be sent to the members of the Executive Board in text form, i.e. also by e-mail, no later than two weeks after the resolution is adopted. If the resolutions are stored electronically, e.g. on a server, notification of this with the access data shall be sufficient.

6. The members of the executive committee work on a voluntary basis. They are liable only for intent and gross negligence.

§8 Election of the board and term of office

1. The eight board members are elected by the general meeting from the ranks of the ordinary members. The ordinary members in Garching elect six board members from Garching, those from Greifswald elect two board members from Greifswald. The executive board is elected by the members of the board in the first meeting after the election.

2. The term of office of the board members is four years; however, they remain in office until a new election has taken place. If a member of the Executive Board elected by the General Meeting leaves office prematurely, the Executive Board shall appoint a successor for the remaining term of office of the departing member.

§9 General Meeting

1. The general meeting is not public.

2. The general meeting shall be held at least once a year. In addition, a general meeting must be convened if at least 1/10 of the ordinary members request this in text form to the board, stating the purpose and reasons.

3. The General Meeting shall be convened by a member of the Executive Board in text form with an agenda. This includes circular letters, simple or registered letters as well as telecommunication in the sense of § 127 para. 2 BGB (German Civil Code), i.e. in particular fax or e-mail. The Executive Board shall choose one of the aforementioned forms of invitation for the respective convocation at its discretion. The notice period shall be at least four weeks, not including the day on which the invitation is sent and the day of the meeting, unless the period has to be shortened in urgent cases. The dispatch of the invitation shall be sufficient to meet the deadline. Confirmation from the Association's office of the date on which the invitation was sent shall be sufficient proof that the invitation was duly sent. The letter of invitation shall be deemed to have been received by the respective member if the circular letter or the registered or simple letter was sent to the last postal address of the respective member known to the Association or, in the case of telecommunication, to the last fax number or e-mail address known to the Association. 4.

4. Every full member can apply for changes and additions to the agenda in writing to the board of directors at least one week before a general meeting. Changes and additions will be announced at the beginning of the general meeting. The meeting shall decide on requests for additions to the agenda made at the general meeting.

5. The chairman of the meeting is the 1st chairman and in case he is prevented his deputy. If both are not present, a chairman of the meeting will be elected by the general meeting. A minute taker is determined by the meeting of the members.

6. The general meeting has in particular the following tasks:

a. Election of the members of the board of directors who can be elected according to § 8 of these statutes,

b. Election of the member according to § 9 paragraph 7,

c. Acceptance of the annual business report,

d. Approval of the budget for the following fiscal year,

e. Acceptance of the report of the cash auditors,

f. Discharge of the Executive Board,

g. Election of the cash auditors according to § 11 of the statutes,

h. Adoption of a resolution on the scale of contributions,

i. Resolution on amendments to the Articles of Association and the dissolution of the Association,

j. Resolution on the purchase and sale of real estate,

k. Resolution on transactions exceeding 15.000,00 €.

7. Minutes of the general meeting shall be drawn up and signed by the chairman or the chairperson of the meeting, the keeper of the minutes and a member appointed by the general meeting.

§10 Resolutions of the General Meeting

1 . Every properly convened general meeting has a quorum regardless of the number of members present.

2. The general meeting decides with a simple majority of the valid votes cast. However, a majority of two thirds of the valid votes cast shall be required to amend the Articles of Association and the purpose of the Association.

3. Votes may not be transferred.

4. At the request of at least five of the members entitled to vote, votes shall be taken in writing and by secret ballot.

5. Only valid votes shall be taken into account in determining the result of the vote. Abstentions and invalid votes shall not be taken into account in the calculation of the majority.

6. In the event of a tie, a motion shall be deemed rejected.

§11 Cash audit

The general meeting elects two cash auditors and one deputy for two years.

§12 Liability

1. The association is liable to third parties only up to the amount of the association's assets.

2. The members of the association are liable for damages resulting from the activities of the association not with their private property.

3. Volunteers are only liable for damages to members and the association, which they cause in the course of their voluntary work, in the case of intent or gross negligence.

4. The association is not liable to its members for damages or losses caused intentionally or by gross negligence, which members suffer while using the association's facilities or equipment or during events, unless such damages are covered by the association's insurance. Liability beyond the coverage limit of the insurance is excluded.

§13 Dissolution of the Sozialwerk

1. The dissolution of the Sozialwerk can only be decided by an extraordinary general meeting to be convened for this purpose. It is quorate if at least three quarters of the members are present and two thirds of those present agree to the dissolution. In the event of a lack of quorum, a further general meeting shall be convened no later than one month later, which shall have a final quorum regardless of the number of members present, with a simple majority of those eligible to vote present. This consequence is to be pointed out in the invitation to the general meeting.

2. In the event of the dissolution of the Social Association, the assets of the Association shall be transferred to the Max Planck Society for the Advancement of Science, which shall use them exclusively and directly for charitable or scientific purposes for the Max Planck Institute for Plasma Physics, provided that it still exists.

§14 Entry into force

These statutes come into force on 01.12.2018. At the same time, the statutes of September 2015 shall cease to be in force.

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