Association of Commercial Judges− Business expertise for the judical system

Articles of Association

Section 1
Current and former commercial judges came together to found an Association of Commercial Judges (Vereinigung der Handelsrichter) in Berlin in 1952. The association is headquartered in Berlin.

Section 2
The association’s purpose is to represent the interests of its members, enable members to share the experiences they have as commercial judges, and to foster camaraderie among them.

Section 3
Any person appointed as a commercial judge in the Federal Republic of Germany can become a member of the association.

Commercial judges who have ceased active service as commercial judges because of their age can remain members of the association.

The general assembly can offer meritorious members an honorary, non-contributory membership if a simple majority approves. An honorary membership begins as of the calendar year when it is approved and accepted.

Section 4
Membership ends:
a) With the member’s death
b) If terminated in writing three months before the end of the calendar year, or at any time (without prejudice to the contribution requirement in Section 5) as of the date when a member resigns from the office via written termination, which must be received within one month after his or her term ends
c) If expelled by a general assembly of members that has convened for this purpose and votes in favour of expulsion by a two-thirds majority of those present (expulsions take effect immediately)
d) If expelled because of unpaid subscription fees from two or more consecutive years, following no response to a final reminder

Section 5
Each member pays a subscription fee of €100 a year. Members who join the association after 1 July pay €50 for the first year of membership.

Section 6
The association has a board of directors that consists of a chairperson, a deputy chairperson, a treasurer, a secretary, a deputy treasurer, and a deputy secretary. The chairperson is the only individual who may represent the association externally.

Section 7
The chairperson must call an annual general assembly during the first quarter of every year. Assemblies must be called in writing at least one week in advance, and the calls must include an agenda. During this assembly, a cash report must be presented and, at the request of the internal auditor, the actions of the board of directors must be formally approved. A new board of directors must be elected every two years. Board members cannot be re-elected.

Section 8
An extraordinary general assembly may be called by the chairperson in urgent cases or if requested by at least one quarter of the members.

Section 9
Resolutions are passed at general assembly by a simple majority of votes, with the exception of the cases described in Section 4C and Section 11. In the event of an equal number of votes, the chairperson has the deciding vote.

Section 10
The secretary or the deputy secretary must prepare a record of the annual general assembly. This record must be signed by the secretary and the deputy secretary, or, if one of them is unable to do so, by the deputy chairperson.

Section 11
If the association is dissolved, its assets are to be used as decided by a two-thirds majority of votes by those present.

Section 12
By joining the association, every member of the association agrees to these Articles of Association.

These Articles of Association were unanimously approved on 1 September 1952 and entered into effect on the day of the next annual general assembly.