What does grant discharge mean?
A discharge of the board means an acquittal of claims for enrichment and damages. The general assembly is responsible for this and can relieve the board by trusting the chairman’s approach and standing behind him and his actions.
What happens if no discharge is given?
What happens if discharge is denied? If the discharge is refused by the general meeting, this means, on the one hand, that disapproval is expressed towards the board of directors. Even in the case of non-discharge, the board can remain in place or be re-elected.
What does relief mean?
Discharge is the approval of the past activity of a body or board member by a competent control or monitoring body.
Who requests the discharge of the board of the association?
To relieve the board of the association means to absolve him or his members from claims for enrichment and damages. The discharge takes place through the responsible body of the association, in practice this is usually the general meeting.
What do you have to say as a cash auditor?
It is a fundamental duty of the cash auditor to notify the general meeting of any defects and irregularities in accounting or payment processing. At the same time, they must refrain from anything that could damage the club members.
How can you remove a board member?
Section 27 (2) of the German Civil Code states that an association’s board of directors can be dismissed at any time. The dismissal of the board of directors can be tightened by the statutes and limited to the case that there must be an important reason (Section 27 (2) BGB).
Can a board member be voted out of office?
This is how the dismissal works. Important: Only the general assembly may dismiss the board of directors, because they ultimately elected it (§ 27 BGB). The statutes can, however, deviate from this (Section 40 BGB). Exception 1: The statutes provide that the board of directors is appointed by another body (e.g. advisory board).
When does a board have to be re-elected?
“The term of office is two years. Re-election is permitted. The current board members remain in office at the end of their term of office until successors have been elected.
Can a board member resign?
In principle, a board member can resign from office at any time. This applies to honorary board members if the articles of association do not contain any provisions on resignation. There is only one restriction: the resignation may not take place “at an inopportune time”.
What happens if no board member is found in the club?
If the association finds a board of directors authorized to represent, the work of the emergency board ceases. If not, the liquidation of the association must be initiated and the opening sentence applies: An association is not an association without a board of directors.
How long is an association board liable?
Management board members and special representatives of an association are directly and unrestrictedly liable to third parties due to certain material liability provisions, ie with their entire private assets. The external liability towards third parties is basically unlimited.
What happens if no new board is elected?
With the expiry of the term of office provided for in the statutes, the term of office of the board automatically ends, even if a new board has not yet been elected. So the association is without a board. If the statutes do not provide otherwise, the board of directors also has a quorum.
How long can a club be without 1 chairman?
If the association is registered association, the absence of the 1st chairperson must be entered in the association register. This can be delayed up to a year if the year is demonstrably used to find a new 1st chairman.
How long is a board member in office?
The term of office of the first chairman is 3 years; the term of office of the treasurer is set at 1 year. The term of office usually begins when the elected board member accepts the election.
When is a board of directors no longer quorate?
Only if the statutes provided for a quorum clause for the general assembly would that also apply to the board of directors. Otherwise every board meeting has a quorum, even if only one board member is present. So the clause in the Rules of Procedure is irrelevant.
When is a general meeting invalid?
Resolutions in a general meeting that are made in violation of statutory provisions or mandatory provisions of the articles of association are void. The nullity of an association’s meeting resolution is given by law.
What does establishing the quorum mean?
The quorum (Latin quorum) requires reaching or exceeding a minimum number of all voting members of a collegiate body established by legal norms in order to be able to make decisions.
Who can attend a board meeting?
Participation in the board meeting All board members are entitled to participate, even if they do not have the right to vote (for example honorary members).
What can a board of directors decide?
Basically: You as the board of the association decide whether you answer a certain question to the general assembly or not and to what extent the rights of information may be exercised. Example: The general assembly wants to force you to answer a question by means of a resolution.
What is a board meeting?
At a board meeting, decisions are made that affect your association, its future and thus also the members. If, for example, a sports festival or training camp is pending and funding is required from the club, a decision is made in the board meeting whether these are to be approved.
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