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EEKMA Bylaws

§ I. Name, Seat, and Field of Activities

The association has the name of "European Elephant Keeper and Management Association" with its seat in Vienna.

§ II. Objective

  1. The aim of the association is to promote the following objectives, i. e. to support them and to be active in the field of education:

a) Creating a platform for elephant keepers and represent their interests.

  1. Improvement of the keeping, for caring and breeding of elephants.
  2. Training and continued education of elephant keepers.
  3. Science and research.
  4. Establishing a basis for communication concerning all tropics relating to elephants by issuing info leaflets, setting up seminars, sessions, and exchange of elephant keepers.
  1. The activities of the association to be of benefit to the public; to be a non-party and non-denominational organisation.
  2. The purpose of the association to be attained by:
  1. means of membership fees and donations.
  2. Planning and arranging lectures, sessions, courses, seminars, study tours, and exhibitions.

4.?The funds of the associations and profits gained by arranging events may only be used for purpose as stated in § II/1.

§ III. Funds

Funds for accomplishing the objective to be obtained by:

  1. Joining and membership fees.
  2. Donations, collections, gifts, bequests, foundation applications.
  3. Proceeds from events and publications.
  4. Private and official subsidies.
  5. Other financial contributions.

§ IV. Members

  1. Members of the association comprise natural and legal persons.
  1. Professional (full members)
  2. Associate
  3. Institutional (firm, zoo)
  4. Sponsoring member
  5. Honorary member
  1. Only full members have the right to vote.
  2. Conditions for membership:
  1. Professional: documentation of practical working experience, or of a recent working contract.
  2. Associate: interested people who support the objectives of EEKMA.
  3. Institutional: institutions supporting the objectives of EEKMA
  4. Sponsoring members are exempt from paying the annual membership fee if they made a specified contribution.
  5. Honorary members will be nominated by the General Assembly upon the recommendation of the Board. It would concern persons who have rendered special services to the association. They are exempt from the annual member-ship fee.
  1. Application for membership must be submitted in writing.
  2. Approval to be decided by the Board. Acceptance may be denied without giving any reason; appeals are not permitted.

  3. Membership ends:
  1. by withdrawal
  2. by death
  3. concerning legal persons when loosing their legal status
  4. by expulsion
  1. Resignation must be submitted to the Board in writing.
  2. The Board has the right to expel members who are detrimental to the objective and interest of the association; this decision to be arrived at by vote of a simple majority.
  3. Expulsion of members will also be effected of those who have not paid their dues for more than a year, in spite of written reminders. All rights owned through membership expire with expulsion. Any still existing liabilities must be fully met.

  4. After acceptance each member receives a membership card.

 

§ V. Rights and Duties of Members

  1. Each member has the right to attend the General Assembly. Only full members have a voting right. Legal persons may also cast only one vote. Furthermore, each member has the right to avail him/herself of facilities of the association or of advantages ensued from this membership and is permitted to take part in all events.
  2. Each member is obliged at his/her best to promote the interests of the association and to refrain from harming its reputation and objectives. The membership fee as fixed by the General Assembly has to be paid not later than three months after announcement.

 

 

§ VI. Organs of the Association

?The organs of the association are:

  1. The General Assembly
  2. The Board
  3. The auditors
  4. The arbitration committee.

 

§ VII. General Operating Procedures

The following operating procedures will be applied, if no other deviating regulations have been included in the statutes.

  1. The organs of the association will meet when called by the chairperson. If absent, his/her deputy may represent him/her; if the latter is also absent the oldest member (in age), belonging to the same organ is to convene the meeting.
  2. The organs of the association may make decisions if all members have been convened in accordance with the existing rules and if at least half of the member entitled to vote are present. The fact of a quorum present shall be stated in the protocol of the meeting.
  3. The chairperson or his/her deputy shall open, conduct, and conclude the meeting.
  4. Decisions may be made concerning the agenda of the day only.
  5. Drafts of decisions and votes are based on a simple majority.

  6. In case of a tied vote the decision is made by the chairperson.
  7. The meetings of all organs of the association are basically not open to the public, unless otherwise decided by the organ concerned.
  8. The minutes of the meeting and all decisions made must be recorded and signed by the chairperson and the secretary.
  9. The financial year of the association begins with the inaugural meeting.
  10. All functions within the association are in an honorary capacity.

 

§ VIII. Authority to sign

The Executive Secretary or his/her deputy have the authority to sign for the association. Documents have to be co-signed by the secretary. Documents containing a financial commitment, a change thereof, or terminating such commitment, must be countersigned by the Treasurer.

 

§ IX. The General Assembly

  1. Once a year the Board is to convene the full General Assembly.
  2. A special meeting of the General Assembly has to be requested by at least one-third of the members of the association, or upon the decision of the full General Assembly, or requested by the Board.
  3. Notice of a General Meeting, announcement of the agenda, shall be given in writing by the Executive Secretary not later than four weeks in advance.
  4. Requests must be submitted to the Board in writing not later than two weeks before the date of the meeting.
  5. Voting proposals have to be submitted to the voting committee not later than two weeks before the meeting. The preparatory voting committee is to be set up by the Board in good time.
  6. All members possessing a seat and vote, and who have fulfilled their obligations toward the association in accordance with § IV/ 2 are entitled to participate in the General Assembly.
  7. The General Assembly has a quorum if, at the set date, at least half of the members with voting rights are present. If this is not the case another general meeting is convened 30 minutes later with the same agenda, without additional call and without consideration of the number of persons present with voting rights, and will then represent a quorum.
  8. The Executive Secretary or his/her deputy will be the chairperson in the General Assembly.
  9. A simple majority is required for all decisions and votes taken. A two-third majority, however, is needed for decisions concerning a revision of the statutes or with regard to a dissolution of the association.

 

§ X. Functions of the General Assembly

?Functions reserved for the General Assembly will be:

  1. Election and recalling of members of the Board and the auditors.
  2. To determine the amount of membership fees.
  3. Acceptance of the reports by the Board and the Auditors.
  4. Clearance of the Board based on the Auditors´report
  5. Decision on the annual budget estimate as presented by the Board.
  6. Alteration of statutes.
  7. Dissolution of the association.

 

§ XI. The Board

  1. The General Assembly will elect the Board to function for a period of three years.

2.?The Board consists of:

  1. The Executive Secretary
  2. Up to two deputies of the Executive Secretary
  3. The secretary and his/her deputy.
  4. The Treasurer and his/her deputy.
  5. Two advisers.

 

  1. Of the nine positions on the Board the following special qualifications are required:
  1. A zoologist
  2. A veterinarian
  3. A lawyer
  4. A zoo educator (public relations)
  5. The remaining positions should be held by elephant keepers.
  1. Each member of the Board has the right to resign, in writing, at any time. Resignation should be addressed to the chairperson of the Board; and to the General Assembly in the case of resignation by all elected members of the Board. Resignation will only become effective after election and assignment of the successor(s).
  2. In the case of resignation by single members of the Board, the Board can assign successors with seat and vote for the rest of the functional period.
  3. The auditors have an advisory capacity in the Board as well as specialised experts as assigned by the Board.
  4. The Executive Secretary or his/her deputy is the chairperson of the Board.
  5. The Board convenes at least twice per annum.

 

§ XII. Functions of the Board and its Members

  1. The Board is responsible for:
  1. Implementation of the decisions taken by the General Assembly.
  2. Administration of the funds of the association.
  3. Decision concerning acceptance and expulsion of members.
  4. Convening full and special meetings of the General Assembly.
  5. Preparation of proposals for the General Assembly.
  6. Drafting of the annual financial estimates and the annual accounts.
  7. Appointment of a preparatory voting committee.
  8. Decision regarding membership in associations with similar objectives and/ or cancellation of such.
  9. Appointment or dismissal of personnel.
  1. The Executive Secretary represents the association toward outside authorities and third persons. He/she chairs the General Assembly and the Board. If unable to do so he/she will be represented by one of his/her tow deputies.
  2. The Treasurer is responsible for the proper management of the association´s finances. He/she is in charge of the collection of fees and other income, and all expenditures and their recording in the accounts. He/she keeps a cashbook and the list of members.
  3. The Secretary is in charge of keeping the minutes of the General Assembly and the Board and recording all decisions made.

 

§ XIII. Auditors

  1. Two auditors – who may not be members of the Board – will be elected by the General Assembly for a period of 3 years.
  2. The auditors have the duty to survey all financial transactions of the association, audit the accounts annually, and report to the General Assembly.

 

§ XIV. Arbitration Committee

  1. The Arbitration Committee shall rule on differences and conflicts arising within the association.
  2. This committee will be set up in such a way that each disputant may elect one member as arbiter. Both arbiters nominate a third impartial member as executive of the committee. Should agreement over the choice of this executive not be reached a nominee from among the proposed will be assigned by ballot.
  3. The arbitration committee decides in accordance with its best knowledge and conscience and with the majority of votes cast. Abstention is not possible. The decisions of this committee are final within the association and appeal therefore may not be submitted to another organ of the association.
  4. A protocol of the trial will be made and signed by all members of the Arbitration Committee.

 

§ XV. Dissolution of the Association

  1. The voluntary dissolution of this association can only be decided by a special meeting of the General Assembly convened for this purpose and with a two-third majority of valid votes.
  2. Any funds remaining after liquidation of the association may be diverted toward public use in accordance with § 34 pp BAO.


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