RAL Gütegemeinschaft Anti-Graffiti

Statutes

1 Name, location and business year
1.1 The association is a quality association based on the principles of the test mark according to its respectively valid version. The name is quality association “Gütegemeinschaft Anti-Graffiti- Verein e.V.” and it is enrolled in the official register of associations of the civil court “Amtsgericht Charlottenburg”.
1.2 The location is Berlin. Any disputes that arise hereunder will be settled before a competent Berlin court of law. That results out of this statute.
1.3 The business year is the calendar year.
2 Aim and function
2.1 The association has the aim:
2.1.1 to guarantee the quality of the removal and prevention agents inclusive the procedures, technologies and materials belonging to it and
2.1.2 to mark the accomplishments, equipment and technologies that have been achieved with the test mark of the association.
2.2 Beside the aim that has been cited in paragraph 2.1. the association has the function:
2.2.1 to introduce a statute and as a forming part implementing regulations for the test mark,
2.2.2 to ensure that statute of the test mark will be observed by the test mark users,
2.2.3 to oblige test mark users to only mark accomplishments whose quality is secured.
2.3 The Association is non-profit making; it does not pursue in the first place its own economic interests.
3 Membership
3.1 The membership of the association may be acquired:
3.1.1 by any firm or company that carries out graffiti removal and/or graffiti prevention and/or by any supplier or manufacture of the procedures, technologies and materials belonging to it,
3.1.2 by any federation or person that represents economic business, when the association acknowledges that you have legitimate interest on quality securing.
3.2 The written application has to be addressed to the office of the association “Anti-Graffiti-Verein e.V.”. The proponets must obligate to acknowledge the statute and to follow the directives.
3.3 The managing committee decides about the application. In case of refusal the proponent may address a complaint towards the committee of quality within four weeks after the notice has been delivered. If this complaint is rejected the complainant may take legal action according to the paragraph 11 within four weeks after the notice of rejection has been delivered. Refusal of the application and rejection of the complaint need to be substantiated.
4 Rights and duties of the members
4.1 The association is available for any business matters concerning quality securing to any member. Members according to paragraph 3.1.1 are entitled and obliged to acquire the test mark of the association.
4.2 Rights which derrive from the membership can only be transferred by a member to a legal successor . The transfer has to be approved by the managing committee. The managing committee also prescribes the transferring mode.
4.3 Members are obliged:
4.3.1 to support the aim of the association,
4.3.2 to apply for the award of the test mark within six months after they have acquired the membership according to paragraph 3.1.1,
4.3.3 to observe the directives of the entire statute as well as the decisions of the association authorities,
4.3.4 to pay subscriptions punctually.
4.4 The users of the test mark represent their accomplishments themselves. A liability by the association, their authorities or representatives is excluded.
5 End of the membership
5.1 The membership expires if or by:
5.1.1 withdrawal,
5.1.2 exclusion,
5.1.3 liquidation,
5.1.4 starting insolvency proceedings.
5.2 The cancellation of the membership can only be declared to the end of a business year observing a six-month period of notice. The notification must be addressed to the secretary of the association as a registered letter.
5.3 The managing committee may exclude a member,
5.3.1 if the pre-conditions according to paragraph 3.1 are not given anymore,
5.3.2 if a member does not apply for the award of the test mark within six months after he/she has acquired the membership according to paragraph 3.1,
5.3.3 if the application , to acquire the test mark, is finally dismissed,
5.3.4 if the awarded test mark is not employed within six- months period of time,
5.3.5 if the member seriously infringes the statute of the association including the statute of the test mark, the implementing regulations and/or quality and testing directions, or a member has infringed decisions of the authorities according to the statute.
5.4 The managing committee gives the possibility:
5.5 to utter to the intended exclusion within a set time of four weeks.The excluded member may address a complaint towards the committee of quality. If the complaint is rejected, the complainant may take legal action according to the paragraph 11 within four weeks after the notice of rejection has been delivered. In case of paragraph 5.3.4.the exclusion past the expiry date may only be averted by the furnished proof that there has been a positive anew testing which may result in another marking.
5.6 Pursueing legal remedy does not lead to a deferment.
5.7 The exclusion of a member does not affect any claims of the association towards the member.
6 The authorities of the association
6.1 The authorities of the association are:
6.1.1 the members’ meeting
6.1.2 the managing committee
6.1.3 the quality committee (committee of quality)
6.1.4 the secretary of the association.
6.2 It is not admissible that rights and duties of one authority are taken over or are affected by another authority.
6.3 If someone belongs to an authority of the association one has to do business matters impartially and furthermore has to treat any internal business and association matters, one has officially acknowledged, in a confidential way.
7 The members’ meeting
7.1 The members’ meeting will be convened annually by the secretary of the association on behalf of the chairman. It also has to be convened as soon as the chairman or the managing committee or a third of the members demand a meeting. Written invitations containing the assigned agenda will be delivered at least 21 days before the meeting.
7.2 When other or additional applications shall be put on the agenda they have to be submitted in written form to the secretary of the association. The secretary has to inform the members about new applications immediately. If there are still new applications that are not on the agenda, the membersŽmeeting may vote on these when the majority decides to do so. This paragraph does not apply to elections, to applications that intend to change the statute or to dissolve the association.
7.3 Any regularly convened members’ meeting is able to constitute a quorum. The invitation has to emphasize on that.
7.4 Any member according to the paragraph 3.1.1 has one seat and one vote in the membersŽmeeting. Any member may be deputized by a representative that is authorized by letter. The authorized representative is only allowed to collect up to three votes.
7.5 Decisions require a simple majority of votes. Parity results in a rejection. A two- third majority is needed for changes of the statute. Paragraph 12.1 is unaffected by this regulation.
7.6 The membersŽmeeting:
7.6.1 may take reports of the managing committee in order to discuss these reports,
7.6.2 elects the managing committee and the committee of quality,
7.6.3 advises and approves the annual statements of accounts and the budget for the next year,
7.6.4 determines the subscriptions,
7.6.5 decides on changes of the statute,
7.6.6 makes basic decisions on the quality standards and regulations,
7.6.7 decides on application according to the statute.
7.7 If necessary, members may vote outside of the members’ meeting in written way when the managing committee decides to do so. There must be stated a set time by the managing committee.
7.8 The members’ meeting will be run by the chairman or on his/ her behalf run by the substitute. The course of event during the members’ meeting has to be written down. The paper has to be signed by the secretary of the association and by the head of the meeting. The same regulation applies to written voting.
8 The managing committee
8.1 The managing committee consists of a chairman/chairwoman, his/her substitute, the chief of the quality committee and up to eight members of the managing committee. The managing committee makes decisions. For these decisions a simple majority will be sufficient. In case of parity the chairman/chairwoman will be in force.
8.2 The members of the managing committee will be in office for the term of two years . Re- election is permitted.
8.3 The chairman/chairwoman and the vice-chairman/vice-chairwoman, according to article 26 BGB, form the managing committee. Both of them are authorized to represent on their own.
8.4 In case one member of the managing committee resigns before the term of his office has ended the quality committee appoints a new person as a member of the managing committee. He/She will be in office until the next meeting.
8.5 The association is honorary run by the managing committee.
8.6 While a decision is made that concerns internal affairs a member of the managing committee will be excluded.
9 The committee of quality
9.1 The committee of quality consists of a chairman or chairwoman and at least two other members which have been elected by the membersŽmeeting for a term of two years. Re-election is admissible. Beside of that the chairman/woman and the vice-chairman/woman belong to the quality committee.
9.2 The quality committee shall not only consist of members of the association, but also of the authorized agent for external surveillance and specific experts , possibly administrative authorities.
9.3 In case a member of the quality committee resigning during his/her term of office the managing committee appoints a new member for the committee. If a chairman resigns, the quality committee appoints a new chairman/chairwoman. He/She will be in office until the next meeting.
9.4 The committee of quality:
9.4.1 elaborates quality and testing regulations that have to be decided on by the member’s meeting
9.4.2 approves applications towards awarding the test mark of the association and recommends either to award the test mark or to inform of the reasons of the deferment,
9.4.3 observes test mark users that they adhere the statute of the test mark and their implementing regulations,
9.4.4 appoints members of the managing committee according to paragraph 8.4. and
9.4.5 supports the managing committee.
9.5 The quality committee makes decisions requiring a simple majority of the present persons. In case of parity the chief will be in force. For internal matters of business one member of the quality committee will be excluded while the decision is made. The course of event and the decision that have been made need to be written down, then it has to be signed by the chief of the quality committee and by the secretary of the association.
10 The secretary of the association
10.1 The managing committee appoints the secretary of the association.
10.2 The secretary of the association has to do business according to this statute and to the decisions of the association authorities on behalf the directions of the managing committee completely impartial. The secretary of the association participates in the meeting in an advisory capacity.
10.3 The secretary may do business to the limits of the budget that oblige the association.
11 Course of law
11.1 In case of disputes arising from the statute of the association including the statute of the test mark, their implementing regulations, from testing and quality regulations or from business activity of the association the parties are free to choose a decision before a competent or civil law court.
11.2 If a decision, made by a civil court, is mutually desired by both parties, then the rules of the “ZPO” will apply to the procedure and composition of the civil court in so far the statute does not rule differently.
11.3 Each party cites an assessor. The assessors elect a chairman/woman that needs to have the qualification to hold judicial office. They have to agree on the chairman/woman within two weeks after the party prosecuting has been informed. If they do not agree, the party prosecuting may demand that the secretary of the association request the civil court “Amtgericht Charlottenburg” to cite a chairman/woman. The same rule will apply, if one party does not cite a chairman/ woman within two weeks after they have been urged to do so.
11.4 The civil court will make a final decision on the dispute and on the costs of the legal action.
11.5 The lawyerŽs charges will stay unaffected by this decision.
11.6 In urgent cases members are at liberty to address an application towards a competent court to acquire a decree of a provisional order.
12 Ending regulations
12.1 The dissolution of the association may be decided by the members’ meeting requiring a three-fourth majority, if the application had been put on the agenda.
12.2 The liquidation will be done by the managing committee in so far the membersŽmeeting does not appoint other liquidators. The membersŽmeeting makes decisions on the utilization of the remaining capital after all engagements are cleared off . The remaining capital has to be used in order to secure and advance quality standards.
12.3 Changes of the statute, including changes of only editorial nature, require the previous written declaration of consent by RAL in order to become valid. This rule also applies, if these changes carry editorial character. These changes come into effect in a reasonable set of time after the managing committee has been informed.