Statutes of the association

 

§ 1 Name, location and area of activity

1. The association bears the name “DTT-Financial, Institute for Financial Market Analysis”, abbreviated “DTT”.

2. It has its seat in Vienna city and extends its activity on the entire area of the federal state Vienna.

3. The establishment of branch associations is not intended.

 

§ 2 Purpose

1. The non-profit making association aims to carry out research projects in various areas of financial market analysis, such as exchange-traded financial instruments and the interbank currency trading sector, in particular in connection with investigations, training and services in these areas. The current or achieved research or research results should be published and exploited.

2. The association shall cooperate with universities, colleges and academies, as well as with other teaching and research institutions or companies in Germany and abroad, thereby strengthening the interdisciplinary nature of the areas of exchange-traded financial instruments and the interbank currency market as well as similar specialist connections.

3. In particular, the association should work together with companies, institutes and authorities and emphasize the importance of its work and goals.

4. The association shall conduct teaching and information events, whereby not only trained professionals in the field of exchange-traded financial instruments and interbank currency market, but also informed the public about the current state of research. The association sees itself as a mediator of information about research tasks and results, should report on advantages and disadvantages of such results, it should be objectively evaluated and enlightening.

5. The association should promote ideas and examine to what extent an idea is useful for the common good and / or economically useful and to what extent it can be used accordingly.

 

§ 3 means to achieve the purpose of the association

1. The purpose of the association shall be achieved through the idealistic and material means referred to in paragraphs 2 and 3.

2. To serve as an ideal means: to carry out research and computer projects, in particular in the field of exchange-traded financial instruments and interbank currency trading, conducting studies and scientific work, courses, trainings, seminars, discussions, blogs, lectures and meetings, exercises and other activities Courses also online, travel and study trips, various analyzes, film and photo documentations and other recordings, in particular research activities and research results relating to the purpose of the association, publication of publications in any form suitable for disseminating or publishing information, in particular digital or by computer and data networks and printed in the form of journals, scripts, books and other specialist literature, establishing an online presence, workshops, taking into account the applicable laws, cooperation with universities, colleges and nd academies, as well as with other teaching and research institutions and companies or companies in Germany and abroad.

3. The necessary material resources shall be provided through: membership fees and fees, donations, collections, grants, expenses, subsidies, income from events, income from the publication of research reports, in particular digital or computer and data networks and printed in the form of scripts , Books, magazines, study and teaching material and other technical literature, income from the marketing of electronic data carriers, in particular CDs and DVDs, photos, videos, films and other suitable media or data carriers, proceeds from the exploitation of rights and patents and samples or Trademarks or utility models, rental and lease income, investment and interest income, income from equity interests in corporations, income from research activities, training and teaching, training and education activities, Ertr gnisse from the realization of study and research, in particular from analyzes of any calculations and computer simulations, and consulting activities in the areas of exchange-traded financial market instruments and interbank currency trading, income from donations, bequests and other donations.

 

§ 4 types of membership

1. The members of the association are divided into ordinary members, extraordinary members and honorary members.

2. Ordinary members are persons who fully participate in the work of the association.

3. Extraordinary members are persons who promote the activity of the association primarily by paying an increased membership fee.

4. Honorary members are persons who are appointed for special services to the association.

 

§ 5 Acquisition of membership

1. Members of the association can be all physical persons as well as legal entities and legal partnerships.

2. The Board decides on the admission of ordinary and extraordinary members. The recording can be refused without giving reasons.

3. Until the formation of the association, the provisional admission of ordinary and extraordinary members by the club founders takes place, in the case of an already appointed board through this. This membership will take effect only with the formation of the association. If a board is only appointed after the formation of the association, the (definitive) admission of ordinary and extraordinary members until then takes place through the founders of the association.

4. The appointment as an honorary member is made at the request of the executive committee by the general assembly.

 

§ 6 Termination of membership

1. The membership expires by death, with legal entities and legal partnerships by the loss of legal personality, by voluntary resignation and by exclusion.

2. The withdrawal can only take place at the end of a calendar month. He must be informed in writing to the board at least three weeks in advance. If the announcement is late, it is only effective on the next withdrawal date. For the timeliness the date of the posting is decisive.

3. The Executive Board may exclude a member if, despite a written reminder twice, setting a reasonable period of grace for more than six months, he is in arrears with the payment of the due debt. The obligation to pay the due debt or membership fees remains unaffected.

4. The exclusion of a member from the association can also be ordered by the executive committee for gross violation of other member obligations or for dishonorable or club-damaging behavior.

5. Withdrawal of Honorary Membership may be decided by the General Assembly on request of the Executive Board for the reasons stated in para.

 

§ 7 Rights and obligations of the members

1. The members are entitled to participate in all events of the association and to claim the facilities of the association. The right to vote in the General Assembly, as well as the right to vote and stand for election, are only available to ordinary members and honorary members.

2. Each member is entitled to demand from the Executive Board that the Statutes be approved.

3. At least one-tenth of the members may request the convening of a General Assembly by the Board.

4. The members are to be informed in each general assembly by the executive committee about the activity and the financial management of the association. If at least one-tenth of the members request this, stating the reasons, the board has to give the members concerned such information within four weeks.

5. The members are to be informed by the executive board about the audited financial statement (accounting). If this happens in the General Assembly, the auditors are to be involved.

6. The members are obliged to promote the interests of the association as far as possible and to refrain from everything, whereby the reputation or the purpose of the association could suffer disadvantage or abort. They must observe the statutes of the association and the resolutions of the association organs. Ordinary and Extraordinary Members are required to pay the membership fee and membership fees on time as agreed by the General Meeting.

 

§ 8 Club organs

1. The organs of the association are divided into:
a. the General Assembly (§§ 9 and 10);
b. the board (§§ 11 to 13);
c. the auditors (§ 14) and
d. the arbitral tribunal (§ 15).

 

§ 9 General Assembly

1. The General Assembly is the “General Assembly” in the sense of the Association Act 2002. An ordinary General Assembly takes place every four years.

2. An Extraordinary General Meeting will be held
a. Resolution of the executive board or the ordinary general assembly;
b. written request of at least one-tenth of the members;
c. Demand of the auditors (§ 21 Abs. 5 first sentence VereinsG);
d. Resolution of one or both auditors (§ 21 (5) second sentence of the VereinsG or § 11 (2) third sentence of these Articles of Association);
e. Order of a court-appointed curator (§ 11 para. 2 last sentence of these statutes) within four weeks instead.
3. Members must be invited to both ordinary and extraordinary general meetings at least two weeks before the appointment in writing, by fax or by e-mail (to the fax number or e-mail address provided by the member to the association) , The meeting of the General Assembly must be made stating the agenda. The convocation is made by the Management Board (section 1 and 2 letter a-c), by one or both auditors (section 2 letter d) or by a court-appointed curator (section 2 letter e).

4. Applications for the Annual General Meeting must be submitted to the Board of Directors in writing, by fax or by e-mail at least three days before the date of the General Meeting.

5. Valid resolutions, with the exception of those concerning the request for convocation of an Extraordinary General Meeting, can only be taken on an agenda.

6. At the General assembly all members are eligible. Only ordinary members and honorary members are entitled to vote. Each member has one vote. The transfer of voting rights to another member by written authorization is permitted.

7. The General Assembly has a quorum regardless of the number of appearances.

8. Elections and decisions in the General Assembly are usually made by a simple majority of the valid votes cast. Resolutions, whereby the statute of the association is to be changed or the association is to be dissolved, require however a qualified majority of two thirds of the given valid votes and require in addition the agreement of the founders.

9. The Chairman of the General Assembly is the chairman. In case of prevention leads the chairmanship of the managing director. If both the chairman and the managing director are prevented for an unpredictably long time, the procedure must be followed in accordance with § 11 (2) of these Articles of Association.

 

§ 10 Tasks of the General Assembly

1. The following tasks are reserved for the General Assembly:
a. Resolution on the estimate;
b. Receiving and approving the statement of accounts and the financial statements with the involvement of the auditors;
c. Election and removal of the members of the Board of Directors and the auditors;
d. Approval of legal transactions between auditors and association;
e. Discharge of the board;
f. Fixing the amount of the membership fee and membership fees for ordinary and extraordinary members;
G. Awarding and withdrawing honorary membership;
H. Resolution on changes to the Articles of Association and on the voluntary dissolution of the association;
i. Advice and decision on other questions on the agenda.

 

§ 11 Board

1. The board consists of two members, namely:
a. Chairman / Obfrau;
b. the managing director

2. The Board is elected by the General Assembly. In the event of the departure of an elected member, the Executive Board has the right to co-opt in his place another eligible member, for which the subsequent approval must be obtained at the next General Assembly. If the Executive Board fails to self-supplement by co-opting at all or for an unpredictably long time, then each auditor is obliged to convene without delay an Extraordinary General Meeting for the purpose of electing a new Executive Board. Should the auditors also be incapacitated for action, every ordinary member who recognizes the emergency situation must immediately apply for the appointment of a curator to the competent court, who must immediately convene an extraordinary general meeting.

3. The term of office of the board is four years. Re-election is possible. Each function on the board is to be exercised personally.

4. The executive committee is called by the chairman / of the Obfrau, in case of prevention by the managing director / by the managing director, in writing or verbally. If both the chairman and the managing director are prevented for an unpredictably long time, the procedure must be followed in accordance with § 11 (2) of these Articles of Association.

5. The board has a quorum if all its members have been invited and both the chairman and the managing director are present.

6. The Board of Directors passes its resolutions by a simple majority of votes. In case of a tie, the vote of the chairman decides.

7. The chairman is the chairman if the managing director is not present. If both the chairman and the managing director are prevented for an unpredictably long time, the procedure must be followed in accordance with § 11 (2) of these Articles of Association.

8. Apart from the death and expiry of the term of office (section 3), the function of a member of the Executive Board expires (section 9) and resignation (section 10).

9. The General Assembly may at any time remove the entire Board or any of its members, as long as the founders approve of the removal. The removal takes effect with the appointment of the new board of directors or board member.

10. The members of the Management Board may at any time declare their resignation in writing. The declaration of resignation is to be directed to the executive committee, in case of the resignation of the whole executive committee to the general meeting. The resignation becomes effective only with choice or with the co-optation (paragraph 2) of a successor.

 

§ 12 Tasks of the Board

The board is responsible for the management of the association. He is the “governing body” within the meaning of the Association Act 2002. He is assigned all tasks that are not assigned to another association organ by the statutes. His area of responsibility includes, in particular, the following matters:

1. Establishment of an accounting system that complies with the requirements of the association, with a regular record of receipts and expenditures and keeping a list of assets as a minimum requirement;

2. preparation of the annual budget, the statement of accounts and the clearance of accounts;

3. Preparation and convening of the General Meeting in the cases of § 9 para. 1 u. 2 lit. a-c of these statutes;

4. informing the club members about the association’s activities, the association’s agreement and the audited financial statements;

5. administration of the association’s assets;

6. Inclusion and expulsion of ordinary and extraordinary members of the association;

7. Admission and termination of employees of the association.

 

§ 13 Special obligations of individual members of the Management Board

1. The chairman/supervisor leads the current affairs of the association. The managing director supports the chairman in the management of the association’s business.

2. The chairman/supervisor represents the association to the outside, especially to authorities and other third persons. Both the legal force of written copies or the association of obligatory documents and notices as well as the legal validity of money matters (asset dispositions) are characterized by the chairman and the managing director. Legal transactions between members of the Management Board and the Association require the approval of an auditor.

3. Authorizations to represent the association externally or to validate it for the association may only be exercised by the legal representatives specified in § 11 para. 1 lit. a-b of these Articles of Association or by the members of the Management Board referred to in para. 2 of this paragraph.

4. In the event of imminent danger, the chairman is authorized to make independent decisions or orders in matters within the scope of the General Assembly or the Executive Board. In the internal relationship, however, these require the subsequent approval of the competent association body.

5. The chairman/chairperson presides over the general assembly and the executive committee.

6. The Managing Director keeps the minutes of the General Assembly and the Executive Board.

7. Both the chairman and the manager and the managing director are responsible for the proper financial management of the association.

8. Should both the chairman and the managing director be prevented for an unpredictably long time, proceed according to § 11 (2) of these statutes.

 

§ 14 Auditors

1. Two auditors are elected by the General Assembly for a term of four years. Re-election is possible. Apart from the General Assembly, the auditors may not belong to anybody whose activity is the subject of the examination.

2. The auditors are responsible for the day-to-day business control and the audit of the financial management of the association with regard to the regularity of accounting and the use of funds in accordance with the articles of association. The Management Board must provide the auditors with the necessary documents and provide appropriate information. The auditors shall report to the Board on the result of the audit.

3. Legal transactions between auditors and the Association require the approval of the General Meeting. Otherwise, the provisions of § 11 (8) to (10) apply mutatis mutandis to the auditors.

 

§ 15 Arbitration Court

1. The arbitral tribunal shall decide in all disputes arising from the association relationship. It is a “mediation facility” within the meaning of the Association Act 2002 and no arbitral tribunal according to §§ 577 ff ZPO.

2. The arbitral tribunal is composed of three ordinary members of the association. It is formed in such a way that a dispute makes a member of the board a referee. At the request of the Executive Board within seven days, the other party to the dispute shall appoint a member of the Arbitral Tribunal within 14 days. After agreement by the executive committee within seven days, the nominated arbitrators shall elect a third full member to the chair of the arbitral tribunal within a further 14 days. With equality of votes among those proposed lots. The naming, as well as the agreements by the board, have to be made in writing. Except for the General Assembly, the members of the Arbitral Tribunal may not belong to anybody whose activity is the subject of the dispute.

3. The arbitral tribunal passes its decisions and judgments upon granting of mutual hearing in the presence of all its members by a simple majority of votes. It decides to the best of my knowledge and belief. His decisions and judgments are final in-house.

 

§ 16 Voluntary dissolution of the association

1. The voluntary dissolution of the association can only be decided upon in a General Assembly convened for this purpose and only by a two-thirds majority of the valid votes cast and with the consent of the founders. The last association board has to announce the dissolution within four weeks in writing to the association authority.

2. This general meeting also has to decide on the liquidation of the association’s assets. It has to appoint a liquidator and make a decision on who has to transfer the remaining assets of the association after covering the liabilities, provided that liquid assets are available.

3. The association’s assets should, as far as possible and permissible, be provided to an organization that pursues the same or similar purposes that this association pursues, otherwise to educational and research institutions or purposes from teaching and research.

 

Last change: 30.03.2014