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Statutes of the Association of Hartheim Castle

§ 1 Name and location of the association

The association bears the name "Schloss Hartheim" (Hartheim Castle) and it is located in 4072 Hartheim, in the municipality of Alkoven. The association has no political or religious affiliations and is non-profit.

 

§ 2 Purpose of the association

Preservation and management of the non-profit Lern- und Gedenkort Schloss Hartheim.
The duties of the Lern- und Gedenkort Schloss Hartheim are:

  1. Preservation and development of the memorial for the victims of the Nazi euthanasia programme and the "Wert des Lebens" (Value of Life) Exhibition
  2. Development and provision of pedagogical and training offers for all types of schools, all ages and the field of adult education, in particular with regard to further education
  3. Development and organisation of exhibitions and cultural events
  4. Research on the Nazi euthanasia programme in Austria, in particular regarding the Nazi euthanasia centre at Hartheim Castle (including subsequent effects)
  5. Research on the scientific and ideological roots of the Nazi euthanasia programme
  6. Research on the socio-political relevance of developments in biology, medicine and the natural sciences that are appropriate for advancing new eugenics
  7. Research in the field of politics with regard to the disabled
  8. Co-operation with scientific and pedagogical institutions, in particular the Documentation Service in Hartheim of the Upper Austrian State Archive, the Institut für Sozial- und Gesellschaftspolitik der Universität Linz (Institute for Social and Societal Politics at the University of Linz) and memorials, in particular the Nazi euthanasia memorials
  9. Development and organisation of scientific and pedagogical expert conferences
  10. Publication of the results of the scientific papers produced by the Lern- und Gedenkort Schloss Hartheim


§ 3 Raising Funds to Fulfil the Association's Purpose

The funds to fulfil the association's purpose are raised, in particular, in the form of

  1. Revenues from the Foundation of Hartheim Castle
  2. Membership dues
  3. Voluntary donations, collections, legacies, bequests and similar
  4. Subsidies and grants from public bodies
  5. Revenues from the association's assets
  6. Revenues from organising events and selling literature.


§ 4 Types of Membership

The association consists of:

  1. Full members, who are adult physical or legal persons who were admitted into the association as such and have obliged themselves to pay the membership dues determined in the annual general assembly.
  2. Honorary members, who are persons who are appointed for their service to the Association of Hartheim Castle in the annual general assembly.


§ 5 Commencement and Termination of Membership

  1. Admission as a full member occurs after a written application is submitted by the association's management. Admission can be denied without providing a justification.
  2. Membership expires due to death, and in the case of legal persons due to voluntary withdrawal and exclusion.
  3. Withdrawal by a member or voluntary termination of an honorary membership must be reported to the association's management in writing. Retiring from the association does not cancel the obligation to pay the membership dues for the current year.
  4. A member can be excluded from the association by means of a decision by the association's management if he/she breaches the obligations mentioned in Art. 6, in particular if he/she damages the assets or reputation of the Association of Hartheim Castle. The member concerned must be informed of the exclusion and its justification in writing. The excluded member can demand that arbitration be convened within 14 days of the notification by the association's management to review the reason for exclusion.


§ 6 Rights and Obligations of Members

  1. All members have the right to take part in the annual general assemblies and events of the association. The right of participation is of a highly personal nature. Legal persons are represented by their competent organs or a representative with written authorisation.
  2. At least one-tenth of the members can demand from the association's management that an annual general assembly be convened.
  3. Members must be informed by the association's management about the audited accounts (accounting). If this takes place during the annual general assembly, the auditors must also be involved.
  4. Every member is entitled to submit enquiries and motions (Art. 8) during the annual general assembly.
  5. Full members and honorary members have the right to vote in the election of the association's management and auditors, as well as a vote during the annual general assembly; all full and honorary members who are natural persons have the right to be elected. The transfer of voting rights to another member by means of a written authorisation is permissible.
  6. All members must closely observe the Statutes, promote the intention of the association as best they can and expand the association by means of acquiring new members. The Statutes must be issued to members on the chairperson's request. Full members also have to pay the membership dues punctually.


§ 7 Organs of the Association

The organs of the Association are

  1. the annual general assembly (Art. 8)
  2. the scientific advisory board (Art. 9)
  3. the association's management (Art. 10)
  4. the auditors (Art. 13)
  5. the mediation board (§15).


§ 8 Annual General Assembly

  1. The regular annual general assembly is to be convened once a year by the chairperson. It is responsible for:
    1. Receiving and authorising the accounting reports from the association's management and the auditors' report
    2. Determining the membership dues for full members
    3. Determining guidelines for the association's work in the coming year for the association's management
    4. The election of the members of the association's management and of the auditors every second year
    5. Amending the Statutes of the association
    6. Appointing and excluding honorary members
    7. Consulting and deciding on motions by the association's management and members, if the issue does not fall within the association's management's scope of responsibility
    8. Deciding on the voluntary liquidation of the association
    9. The resolution on the suggestion
    10. Authorising legal transactions between auditors and the association
    11. Providing relief to the association's management
    12. Consulting and deciding on other issues on the agenda. In addition, the chairperson is obliged to inform the members of the activity and economic performance of the association within the scope of the annual general assembly. If at least one-tenth of the members provides justifications and demands so, the chairperson must provide such information to the members concerned within four weeks.
  2. Based on a resolution by the association's management or the regular annual general assembly, special annual general assemblies can be convened. These must be convened if at least one-tenth of the full members, or the auditors demand so, or there is a resolution by the/a auditor/s or a resolution by a court-appointed trustee. The chairperson is obliged to convene a special annual general assembly within two (four) weeks of receiving such a demand, whereby the deadlines stipulated by Art. 8 (3) are to be observed.
  3. An annual general assembly is convened by means of a personal invitation to the members in writing or an announcement in a daily newspaper that is published nationally and also sold in the State of Upper Austria. If applications to the association's management do not have to be dealt with especially urgently, there must be two weeks' time between the invitation to the members and the date of the annual general assembly. Organisation of the annual general assembly must be performed in conjunction with providing the agenda.
  4. Motions made by members during the annual general assembly will only be dealt with if they are submitted to the association's management in writing at least eight days prior to the annual general assembly, where the day of receipt is also counted. Motions that are not submitted in a timely fashion will be discussed, though, if the annual general assembly recognises their urgency. Art. 9 (7) is applicable to the order in which individual points on the agenda are dealt with.
  5. The annual general assembly is led by the chairperson (Art. 9 (5)).
  6. Every regularly convened annual general assembly is entitled to take decisions, regardless of the number of members present. In the case of votes and elections, a simple majority is decisive, unless the Statutes stipulate otherwise, and withheld votes are considered "no" votes. In the case of a tie, a motion is considered passed if the chairperson (Art. 9 (5)) voted for it. Voting must be done personally. Votes and elections take place openly by means of a show of hands, unless a member requests that the vote or election be secret, in which case it is undertaken using ballots.
  7. Minutes must be recorded for every annual general assembly, and Art. 9 (4) is applicable.
  8. Doubts with regard to interpreting the provisions of the Statutes are to be solved definitively by a majority of those members of the association's management present. The elections and resolutions during the annual general assembly normally occur by means of a simple majority of the valid votes cast. Resolutions that intend to amend the Statutes of the association or liquidate the association require a qualified majority of two-thirds of the valid votes cast, though.


§ 9 The Scientific Advisory Board

  1. The scientific advisory board acts as a consulting organ to the annual general assembly. It is composed of six reputable scientists whose fields of research correlate with the intentions of the association (Art. 2).
  2. The scientific advisory board meets at least once a year, if possible prior to an annual general assembly, and supports the activity of the association by means of suggestions, criticism and provision of the latest research findings.
  3. The members of the scientific advisory board are appointed by the association's management and select a speaker from amongst themselves, who co-ordinates the activity and acts as a liaison to the association's management.


§ 10 Association's Management

  1. The association's management is composed of the chairperson, deputy chairperson, secretary, deputy secretary, treasurer, deputy treasurer and a maximum of ten advisers. The head of the Lern- und Gedenkort Schloss Hartheim and his/her deputy are each co-opted in the association's management.
  2. The election of the members of the association's management takes place during the regular annual general assembly and is for a term of two years. Re-election is possible. Every function of the association's management is to be performed personally. If a member leaves the association's management during his/her tenure, the association's management is entitled to co-opt a full member as a member of the association's management until the next regular annual general assembly. This member is to be retroactively authorised during the next annual general assembly. If the association's management becomes altogether ineffective without a replacement by means of co-opting or becomes ineffective for an unspecified period of time, every auditor is obliged to convene a special annual general assembly for the purpose of a new election for the association's management. If the auditors fail to act, too, every full member who recognises the detrimental situation is obliged to have a trustee appointed immediately by the competent court, who is then to convene a special annual general assembly without delay.
  3. At least three members of the association's management must also be members of management of the Gesellschaft für Soziale Initiativen (Association for Social Initiatives) at the time of their election.
  4. In order for the association's management to be able to take a resolution, it is necessary that all members of the association's management be invited and at least one-third of them to be present. If the association's management is not entitled to take a resolution, the members of the association's management must extend an invitation regarding an alternative date within 14 days. Regardless of the number of members of the association's management present, the association's management is now entitled to take a resolution. If the association's management is only entitled to take a resolution by means of organising an alternative date three times in a row, the association's membership must convene a special annual general assembly within four weeks of the last alternative date for the purpose of new elections for the association's management.
  5. In order for a resolution by the association's management to pass, a simple majority of those members of management present is required. It is possible to withhold a vote, and the chairperson decides in the case of a tie.
  6. Minutes must be kept by the secretary, or by the deputy secretary if he/she is absent, or by a member of the association's management appointed by the chairperson, and signed by the chairperson and the member of the association's management responsible for keeping them.
  7. The invitation to a meeting of the association's management must be extended by the chairperson. The association's management must be involved if two members of the association's management request so.
  8. Meetings of the association's management are chaired by the chairperson, or if he/she is absent, in the order they are mentioned: deputy chairperson, secretary, deputy secretary, treasurer, deputy treasurer and the eldest present adviser. The obligation to invite the members of the association's management must also be taken into consideration regarding this order.
  9. In general, if the chairperson is absent, he/she is represented in the order stipulated in Paragraph 5.
  10. Every member of the association's management can make motions and enquiries during the meetings of the association's management at any time. The order in which the individual enquiries, motions and reports are dealt with is determined by the chairperson.
  11. Every member of the association's management has the right to view all the documents of the association at any time.
  12. The association's management is responsible for all agendas that are not explicitly attributed to another organ, in particular
    1. the decision regarding the admission or exclusion of members
    2. the execution of guideline resolutions by a regular or special annual general assembly
    3. the administration of the association's assets
    4. the compilation and submission of the annual budget, the accounting and treasury reports about the past year to the regular annual general assembly
    5. creation of guidelines to fulfil these Statutes
    6. creation of an accounting system that corresponds to the needs of the association with an on-going record of income/expenses and a record of the association's assets as a minimum requirement
    7. the hiring and termination of the association's employees
    8. the preparation and convocation of the annual general assembly
    9. informing the members of the association of the association's activities, economic performance and audited accounts
  13. The association's management can ensure, for instance by concluding insurance policies or issuing disclaimers for the association, that a member of the association's management who is performing his/her duties as a member of the association's management be protected at any time from damages incurred. The members of the association's management are owed travel compensation in the amount of the legally stipulated travel allowance and re-imbursement for the actual costs incurred for any activity for the association. Moreover, the activities of the association's management are voluntary.
  14. In addition to cases of death and expiry of a period of tenure (Par. 2), the function of a member of the association's management is terminated by means of dismissal (Par. 12) and resignation (Par. 13).
  15. The annual general assembly has the right to dismiss the entire management of the association or individual members at any time. The dismissal becomes effective upon appointing new management for the association or a new member of the association's management.
  16. The members of the association's management can announce their resignation in writing at any time. The letter of resignation must be addressed to the association's management, or to the annual general assembly in the case of the resignation of the entire management of the association. The resignation does not become effective until the election or co-opting (Par. 2) of a successor.

 

§ 11 Representation of the Association and Special Obligations of Individual Members of the Association's Management

  1. The association is represented externally by the chairperson, or if he/she is not available, by any member of the association's management to be determined in line with Art. 10 (5). Any written document issued by the association that contains obligations for the association also requires the signature of the secretary or his/her deputy, or of another member of the association's management if he/she is not available; in the case of asset-related issues, the signature of the treasurer or his/her deputy, or of another member of the association's management if he/she is not available, is required.
  2. The association's management can transfer the authority to conclude legal transactions or certain types of legal transactions to a member of the association's management alone or to employees of the association in the form of a power of representation. If the association's management does not decide otherwise, both the organisational and appointed representatives must act personally.
  3. In the case of imminent danger, the chairperson is entitled to take decisions independently at his/her own authority, even regarding issues that fall within the scope of responsibility of the annual general assembly or the association's management; internally, they require the retroactive authorisation by the competent organ of the association.
  4. The chairperson chairs the annual general assembly and the meetings of the association's management.
  5. The secretary keeps the minutes of the annual general assembly and the meetings of the association's management.
  6. The treasurer is responsible for the economic performance of the association.

 

§ 12 Committees

The association's management can appoint committees for consultation and preparation of one-time or recurring decisions of the association's management or of the regular annual general assembly, as well as regarding other activities. The by-laws of committees must be authorised by the association's management and their members must also be nominated by the association's management.

 

§ 13 Auditing

The regular annual general assembly must select two auditors amongst the full members who are not part of the association's management. Re-election is possible. The auditors are responsible for the on-going monitoring of operations and reviewing the economic performance of the association regarding correct accounting and use of funds in line with the Statutes. The association's management must provide the auditors with the necessary documents and information. The auditors must report to the association's management on the findings of the review.
During their audit, the auditors can employ an accountant as an assistant at the expense of the association.
Legal transactions between auditors and the association require the authorisation of the annual general assembly. Moreover, the provisions of Art. 10 (1113) apply to the auditors.

 

§ 14 Decorations and Honorary Titles

The association's management can confer an honorary title, decoration and certificate of appreciation to persons who have given special service to the Association of Hartheim Castle.
Honours may only be presented after previous authorisation by the person to be honoured.
If the honoured person subsequently breaches the interests of the association (Art. 5 (3)), the association's management must deprive the honoured person of the honours and request that he/she return the certificates and decorations conferred.

 

§ 15 Mediation

  1. To mediate any disputes that stem from the association's relationship, a meeting of the association's internal mediation board must be convened. This board is a "Schlichtungseinrichtung" (mediation board) in terms of the Act on Associations (Vereinsgesetz) 2002 and not a board of arbitration in terms of Art. 577 ff. of the Code of Civil Procedure (ZPO). The mediation board is composed of three full members of the association. It is formed by a party in dispute from the association's management announcing a member as a member of the mediation board in writing. Upon request by the association's management within seven days, the other party in dispute announces a separate member of the mediation board within 14 days. After notification by the association's management within seven days, the designated mediators name a third full member as the chairperson of the mediation board within the subsequent 14 days. In the case of a tie, lots are drawn amongst those suggested to determine a winner. The members of the mediation board may not belong to any organ – except the annual general assembly – that is involved in the matter in dispute.
  2. The mediation board decides by means of a simple majority after listening to both sides in the presence of all of its members. The board members are to decide to the best of their knowledge and in line with their conscience. The decisions of the mediation board are definitive for purposes of the association.
  3. If the two members of the mediation board have not been appointed within two weeks or the members of the mediation board cannot agree on a chairperson within a further two weeks, the chairperson appoints the mediation board or the missing member of the mediation board. If the chairperson is not impartial, the impartial members of the association's management assume these duties. If they are not impartial, either, these duties are assumed by the impartial members of the Association for Social Initiatives.
  4. The mediation board decides in the presence of all its members by means of a simple majority. Both parties in dispute must be given a hearing. It is not permitted to withhold a vote. Art. 577 ff. of the Code of Civil Procedure (ZPO) are relevant for the mediation process.

 

§ 16 Sale of the Association's Assets in the Case of Liquidation

The voluntary liquidation of the association can only be decided in an annual general assembly or by two-thirds of the valid votes cast. This annual general assembly also has to decide on the settlement, if the association disposes of assets. In the case of liquidation, the remaining assets are to be applied to the purpose stipulated in the Statutes (namely the preservation and operation of the Lern- und Gedenkort Schloss Hartheim), or to the purposes of the Association for Social Initiatives.

Contact Details

Lern- und Gedenkort Schloss Hartheim
SCHLOSSSTRASSE 1
A-4072 ALKOVEN

tel +43 7274 6536-546
fax +43 7274 6536-548
email office(at)schloss-hartheim.at 

Our office is open:
Mon–Thu: 8.30–16.30
Fri: 8.30–13.00

Opening Hours

Mon and Fri: 9.00 – 15.00
Tue – Thu: 9.00 – 16.00
Sunday and holiday: 10.00 – 17.00
Saturday closed

 




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