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    Statutes
Mediation association of German Patent and Trademark Attorneys
 
    § 1 Name, domicile, financial year

(1) The name of the association is “Verein Deutscher Patentanwälte zur Förderung der Mediation”
(Mediation Association of German Patent and Trademark Attorneys), the short form is: MAP.
(2) The registered office is in Munich (München).
(3) The association is recorded in the register of associations at the District Court as e. V.
(registered association).
(4) The financial year shall be the calendar year.

§ 2 Public utility and purpose of the association

(1) The association supports as a non-profit association exclusively and directly non-profit purposes in accordance
with the tax code’s prescription’s paragraph about tax-privileged purpose. The association is non-profit making and
does not favour any financial interests for itself. The association is strictly independent of party politics and ideological
impartial. The association cooperates with all interested and like-minded individuals.
(2) The purpose of the association is to promote the mediation in particular industrial property issues. The association
intends to inform all bodies of the administration of justice about the possibilities of mediation and to give information
about mediators and the steps of the mediation proceedings. The association will support parties when using the mediation
and has a mediators list which is published free of charge. The association supports the principle of violence-free handling
with conflicts, in particular the mediation as well as the training of mediators. The purpose of the association is realised by developing concepts, disseminating information and supporting of mediation proceedings in the case of conflicts.
The association pursues national education as well as promoting international attitudes, tolerance in all fields of culture
and international understanding.
(3) The realisation of the purpose of the statutes is achieved by specific events, regular meetings of the association and
publications of the association, in particular in the internet.
(4) The association funds are allowed only to be used for the purposes according to the statutes. It is not allowed to benefit a single individual by expenses which do not fall under the purpose of the association or by excessively high compensation.

§ 3 Membership

(1) Membership shall be open to individuals which are admitted to the German bar of Patent Attorneys. The directory board decides about the application for membership which has to be posed in writing. The board may refuse the application as far as applicant contravenes or is threatening to act against the purposes of the purposes of the association. The new member is accepted to the Association under the condition that the membership fee is paid. With the admission into the association the member accepts the statutes.
(2) Supportive members can be individuals and legal entities which support the association financially. It is agreed on a
supportive membership by signing a funding agreement.
(3) Honorary members are appointed by the majority of the member assembly.
(4) Any ordinary member is admitted to the panel of mediators (§ 2 (2)) on request admitted provided that he took part in
a training programme of at least 120 hours including a practical training.
(5) Those members may retain in the panel of mediators who took part at a training programme or of at least 8 hours
per year or which do at least one mediation per year.

§ 4 Membership fee and admission fee


(1) Each member must pay an annual membership fee which is fixed by the member assembly (Mitgliederversammlung).
It is possible to fix the membership fee separately for a homogeneous group. Honorary members are exempt from the
membership fee. The membership fee is due in the first month of the year and has to be paid in advance.
(2) The member assembly decides about the charging and the height of the admission fee with a majority of two-thirds
of the votes, abstentions are regarded as invalid votes.

§ 5 Rights and obligations of the members

(1) Each member has the right to take part at the decision-making in the association by exercising the rights of requesting,
discussion and the right to vote.
(2) All members have the right to take part at the meetings of the association (taking into consideration the spacial
possibilities). For specific meetings additional fees may be collected.
(3) The statutes, rules and decisions of the resolutions of the association are binding for each member.
(4) The board has to be informed about any change of address without delay.
(5) The rights of the members are not transferable.

§ 6 Cancellation and expulsion from the association

(1) Membership expires
            (a) upon death of the member;
            (b) upon written cancellation of the member which has to be declared at least four weeks in advance before the end
            of the calendar year to the board and which is effected with the end of the calendar year;
            (c) upon termination of the agreement with supportive members;
            (d) upon expulsion which is basically decided by the board.
(2) The expulsion is in particular in the following cases admissible:
1. A member may be cancelled from the list of members if the member has not paid the annual fee in spite of a reminder
which has to be sent twice to the member and in the second warning the expulsion has been announced. The cancellation
may be effected at the earliest one month after dispatch of the second warning and the member has to be informed
accordingly.
2. A member can be cancelled from the list of membership in case the member does not fulfil the duty to inform the board
about the change of address within a term of six months. The cancellation is effected with the decision, no further notice is
necessary.
3. Additionally expulsion for important reasons is possible. Before deciding about the expulsion the board has to ask the
member to make a statement. The member has to be informed about the expulsion by registered letter and giving the
reasons. The member may file an appeal against the decision within one month after receipt, the appeal has to be filed to
the board and directed to the general meeting. The member assembly has to decide in the next meeting about the decision
of the board, confirmation of the decision by two-third majority of the valid votes is necessary; abstentions are regarded as
invalid votes. With the decision of the general meeting the decision is immediately and finally valid. Between the decision
of the board and the general meeting the rights and obligations of the member rest.

§ 7 Bodies of the Association

The association shall be composed of the following bodies
(1) Member Assembly (Mitgliederversammlung)
(2) Board (Vorstand)
(3) Cash auditor.

§ 8 Member assembly

(1) The general meeting consists of the present members of the association.
(2) An orderly general assembly has to take place at least once a year. The call for the assembly has to be given in
writing at least two weeks before the assembly and by submitting an agenda.
(3) The assembly is in particular responsible for
            1. Election of the board
            2. Amending the statutes
            3. Expulsion of a member
            4. Dissolution of the association
            5. Admission fee and membership fee
            6. Election of the cash auditor.
(4) The duty of the board is to fix the agenda.
(5) On request of at least 20 % of the members a member assembly has to be hold.
(6) In voting the simple majority of the valid votes decides unless in the statutes is something different defined:
abstentions are regarded as invalid votes. In the event of a tied vote, the request shall be regarded as rejected.
A member may be represented by an authorised patent attorney.
(7) In the case of election it is selected who received more than half of the delivered valid voices. Abstentions are
regarded as invalid votes. If nobody received more than half of the half valid votes, a second ballot is made between
the candidates, the candidate who receives more than half of all valid votes is elected. In the event of a tied vote,
a run-off vote between the candidates having received an equal number of votes shall be made, and the candidate is
elected who received the most of the majority of the casted valid votes.
(8) On decision of the member assembly the board may be elected in total or partial as a group in one ballot. In this
case it is necessary that the corresponding function of the person is allocated before the election. The group is elected
in case it received more than half of the casted valid votes. Abstentions are regarded as invalid votes. In the event that
the group receive less votes or the election of the group cannot take place for other reasons, the election to the board shall
be made on an individual basis.
(9) Resolutions on amending the statutes require a two-thirds majority of the present members. For the amendment
of the object of the association the consent of all members is necessary; the consent of the members which are not
present must be made in writing.
(10) The assembly shall have a quorum in case half of the members are present. In case the association has more
than fourteen members, the assembly shall have a quorum if at least seven members are present. In case of decision
inability the board may call up a second general assembly within a period of six months which is regarded as having a
quorum in any case.
(11) An extraordinary general assembly takes place in case the board is of the opinion that this is necessary because
of the situation of the association or because of extraordinary events.
(12) Minutes have to be kept about every member assembly, in particular decisions have to be included in the minutes,
the minutes have to be signed by the transcriber of the minutes and the chairman.

§ 9 Board

(1) The board consists of the chairman, the vice-chairman and the treasurer.
(2) For the decision-making § 28 Sec. 1 together with § 32 BGB is valid.
(3) Each member of the board is entitled to act as sole representative.
(4) The members of the board are elected for one year. Re-election is possible three times.
(5) In case one member resigns from the board during the current fiscal year, the member is replaced by cooptation
until the board is elected again by the next assembly.
(6) Decisions of the board are made with simple majority in board meetings or by written or oral consent of all board
members.
(7) The board meets at its own discretion, however at least twice a year. Minutes have to be kept about the decisions.

§ 10 Cash auditor

(1) The cash auditor is elected by the member assembly for one year.
(2) The cash auditor shall audit the accounting and the treasures report for correct and statutory purposes.
(3) For auditing the accounting the treasurer has to present the supporting documents together with his report at least
four weeks before the member assembly to the cash auditor.
(4) The cash auditor keeps minutes about the audit and makes an audit report. The audit report of the cash auditor is
to be read out at the assembly.
(5) In the case of accounting corresponding to the statutes of the association, the cash auditor proposes resolution
approving the actions of the treasurer.

§ 11 Dissolution of the association and liquidation

(1) Any dissolution of the association can only be decided by a member assembly called up only for this specific purpose.
(2) Upon dissolution of the association or if the purpose pursued up to that date ceases to exist the associations assets
will pass to Amnesty International, Amnesty International has to use the assets directly and exclusively for non-profit,
charitable, church-related purposes.
 
 
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