§ 1 Name and Place
The society bears the name NEUE GESELLSCHAFT FÜR BILDENDE KUNST. It is listed in the register of associations and has its place of business in Berlin.
§ 2 Purpose
A. The society serves the non-commercial purpose of promoting the visual arts and understanding of art. It does not have the purpose of operating as a business. It aims to fulfil its purpose through the formation of working groups from its membership. The working groups’ tasks mainly include:
Organising and promoting art exhibitions, as long as they are of an informative, educational or exemplary character,
Fundamental research into current issues regarding the visual arts and the fields that correspond with it and the possible commissioning of research projects,
Establishing a cultural centre,
Increasing the ability of the broader public to receive art and expanding its aesthetic awareness through cultural work,
Art-theoretical publications, documentation etc.,
Organising and promoting public discussions, seminars, lectures, colloquia, guided tours, art , art field trips etc,
Distributing the artworks donated by artists among members,
Promoting young artists,
Purchasing artworks and transferring their ownership o Land Berlin.
B. The society exclusively pursues the purposes stipulated in its statutes according to § 2 A. All funds belonging to the society may only be used for the purposes stipulated in the statutes; the members of the society do not receive dividends, and, as members of the society, do not receive any other remuneration from the society’s funds. The society may not favour any person or institution, be they associated with the society or not, through administrative activities that are alien to the society’s purpose or through disproportionate remuneration.
§ 3 Business Year
The business year is the calendar year.
§ 4 Membership
Both natural and legal persons may be members of the society. All members of the society have equal rights. Membership applications must be made to the executive committee. The executive committee approves or rejects membership applications by simple majority.
Membership is confirmed by the issuing of a membership card; membership begins with the issuing of the membership card. Applicants may appeal against the rejection of their membership application in writing within one month to the coordination committee, which takes a final decision on the application by simple majority. A membership fee is charged. The membership fee is regulated by the dues schedule agreed by the general assembly with the majority required for a change to the statutes.
§ 5 Expiration of Membership
Membership expires through the death, resignation or expulsion of a member. A member may resign by 31 December of any year. The resignation must be issued to the executive committee. Expulsion of a member may only take place if there is an important reason. A decision to expel someone is taken ty the co-ordination committee on the basis of a written application by at least 40 members or three working groups. In the event of a decision by the co-ordination committee to expel a member, said member may appeal the decision within one month of the delivery of the expulsion order. The appeal must be made in writing to the co-ordination committee, which will present the decision along with its own comment to the next general assembly for a final decision.
§ 6 Bodies
The society’s bodies are:
- General assembly
- Working groups
- Co-ordination committee
- Executive committee
All members may attend or view all meetings and all minutes of all bodies.
§ 7 General Assembly
The general assembly meets at least twice a year. The co-ordination committee can call a general assembly whenever it deems such a step necessary.
The co-ordination committee must call a general assembly within a month of receiving an application from at least three working groups or 40 members.
The co-ordination committee must invite all members to the general assembly in writing with details of the order of business with a minimum of one week’s notice. The order of business can be changed or extended by a simple majority of those members present at the general assembly. The general assembly is public.
The general assembly’s obligations are:
1. Passing resolutions to alter the statutes.
2. Electing the executive committee in accordance with § 10 of the statutes.
3. Appointing working groups and passing resolutions regarding the working groups’ projects.
4. Passing resolutions on motions submitted by members.
5. Accepting the annual statements of the society’s bodies and discharging said bodies.
6. Electing the three additional members of the co-ordination committee in accordance with
§ 9 of the statutes.
7. Appointing the auditors.
8. Discussing all issues affecting the society, especially the working groups’ reports.
The general assembly has a quorum regardless of the number of members in attendance, insofar as it has been called in accordance with the statutes. However, every member present has the right to submit a motion during the general assembly that said assembly may only pass further resolutions if at least 100 members are present. If resolutions cannot be passed due to the lack of a quorum, the co-ordination committee may call a new general assembly within four weeks of the failure to complete the order of business due to the lack of a quorum and this general assembly has a quorum in any case. The invitation must expressly stipulate this.
Only those items of the order of business which were not completed will be addressed at the new general assembly. The next general assembly with new items of agenda can take place subsequently. In accordance with section 4 phrase 2, it has a quorum. Changes to the statutes require a 2/3 majority of the members present at the general assembly. Furthermore, the intended change to the statutes must be made known in writing to all members at least two weeks before the general assembly.
Resolutions regarding working groups’ projects, which require more than ¼ of the total sum available for all working group projects being applied for, or in any case more than € 60,000.00, require a 2/3 majority of all votes cast.
In the case of elections, the candidate receiving an absolute majority of all votes cast is deemed elected. If none of the candidates achieves an absolute majority in the first round of voting, a second round of voting must take place. In the second round of voting, the candidate who garners the most votes is deemed elected. The members of the executive committee and the co-ordination committee elected by the general assembly may be recalled at any time if a corresponding motion is put forward by at least three working groups of at least 40 members of the society. The resolution on the recall requires a 2/3 majority of the members present at the general assembly. Each member has one vote. Votes are non-transferable. The general assembly is chaired by a member of the executive committee or a member of the society to be elected by the general assembly. Minutes of the general assembly must be taken and signed by the assembly chairperson and the recording clerk.
§ 8 Working Groups
The society members may form working groups. Each group must have a minimum of five members. The general assembly decides on the commissioning of a working group as a body of the society based on a motion by at least five members of the society. The motion must be submitted in writing to the co-ordination committee along with the project planning and signed by all members who wish to take part in the working group. The exact procedure for the submission of projects is governed by the application conditions which are set by the co-ordination committee. The working groups are open to all members until the general assembly adopts a resolution on the project presented by the working group. Each member may belong to a maximum of three working groups. Each working group elects from among its members a chairperson and a deputy chairperson. The chairperson of the working group or – in the event of the chairperson being unable to attend – his/her deputy represents the working group on the co-ordination committee. No member may be elected chairperson or deputy chairperson of more than one working group at a time. Working groups are dissolved when the project approved by the general assembly is completed. Long-term working groups must be approved annually by the general assembly.
Other than by the general assembly, a working group may only be dissolved by a resolution requiring a 2/3 majority of the members of the working group. If the general assembly has approved a project by the working group, the admission of further members to the working group may only take place with the approval of all existing members of the working group.
If the number of members of a working group falls below the minimum number of five, the working group’s rights as a body of the society go into abeyance until such a time as the minimum number of five members is fulfilled.
The working group commissioned by the general assembly may only begin to realise its project when the project has been approved by the general assembly. The working group has at least two weeks before the general assembly at which the realisation of the project is to be approved in which to inform all society members in writing about the project planning and the required funding. Furthermore, the general assembly must be presented with a written summary by the co-ordination committee of the funds available, taking into consideration other projects and other financial commitments of the society. The working group “Ausstellungsübernahme” may, if required, with the approval of the co-ordination committee and subject to approval by the general assembly – prepare the acquisition of exhibitions from other institutions. If a project has been approved by the general assembly, it is realised responsibly by the working group. The working group must submit a written report, which must also include financial accounts, to the general assembly at least twice a year. The working groups, through their chairperson or deputy chairperson, are obliged to provide information on their activities to any member who requests it.
§ 9 Co-ordination Committee
The chairpersons of the working groups, the members of the executive committee and three further members elected directly to two-year terms by the general assembly form the co-ordination committee, which has the task of co-ordinating the activities of the working groups. The co-ordination committee has a quorum of five members. As long as working groups have not been commissioned by the general assembly, the co-ordination committee is composed of the members of the executive committee and the three directly elected members. The co-ordination committee makes all decisions that affect the society, as long as these decisions are not reserved for the general assembly or the individual working groups. The co-ordination committee elects from its own members a chairperson who calls and chairs all meetings of the co-ordination committee. The procedure for voting within the co-ordination committee is regulated by standing orders. The executive committee and the office are obliged by the decisions of the co-ordination committee. The co-ordination committee must compile an annual statement of accounts and submit it to the general assembly. Furthermore, it must compile and submit an annual report.
§ 10 Executive Committee
The general assembly elects the executive committee, which comprises three members. The term of office is two years. Members may be re-elected. After the expiration of the term of office, the executive committee retains its managerial responsibility, with all rights and duties, until a new executive committee is elected. Two members of the executive committee at any one time represent the society judicially and extra-judicially (§ 26 BGB). The members of the executive committee work on a voluntary basis. The executive committee determines from its own members a member who administers the society’s funds in accordance with the instructions of the co-ordination committee and the resolutions adopted by the general assembly.
§ 11 Office
In order to conduct the society’s day-to-day business and all organisational and technical tasks, the co-ordination committee sets up an office and appoints a manager. The office staff is appointed by the executive committee based on nominations by the co-ordination committee. It is obliged to carry out the instructions issued by the co-ordination committee.
§ 12 Benefactors
Judicial persons, trade societies, other firms, groups of persons, corporations who donate a minimum of € 2,500.00 to the society within a calendar year, as well as natural persons who donate a minimum of € 500.00 to the society within a calendar year, are deemed benefactors of the society. The names of the benefactors are announced in the general assembly in conjunction with the respective annual report of the co-ordination committee and in a suitable form to the public.
§ 13 Auditors
The annual report is audited by a trust company or certified accountant to be determined by the general assembly.
§ 14 Dissolution of the Society and Final Provisions
In the event of the dissolution of the society, which must be approved by a 2/3 majority of all members of the society, or in the event of the legal discontinuation of its tax-deductible purpose, the society’s estate passes into the possession of the Land Berlin, which must use it exclusively for the promotion of the visual arts and understanding of art, and furthermore, exclusively and directly for tax-deductible purposes.
These statutes enter into force with their recording in the register of associations.
As of: 14 June 2010
This translation is for your information only. The German original remains the legally binding text.