Statutes of the A.N.S.
Name and seat of the association
“Austrian Napoleonic Society”
The seat of the association is Vienna.
Aim of the Association
The association is engaged in research and the historically correct representation of life in the Napoleonic times (1792 – 1815) and the dignified cultivation of the tradition of, above all, the K.k. Austrian army as forerunner of the Austrian federal army. The association co-operates worldwide with similarly interested bodies. The association is non political and entitled to carry colours and weapons (S 35 Abs 2 Z 3 WaffG [Austrian Code on Weapons]).
The association, whose activity is non profit making, wishes to emphasize the important role of Austria (in particular Vienna) and its army in the Napoleonic times and give the broader public a better understanding of this subject.
Means of attaining the association’s aim
a) Membership subscriptions.
b) Public events.
c) Donations, legates and other allowances.
Types of membership
a) Active members: physically active members of both sexes over 14 years of age with actual re-enacting functions.
b) Promoting members: members who support the association with financial grants, but do not have actual re-enacting functions.
c) Honorary members: members who are honoured for special achievements of any kind with or without actual re-enacting functions. Honorary members do not pay membership subscriptions.
Active and promoting members pay annual membership subscriptions, which are decided upon annually by the general assembly.
Members’ rights and obligations
Any member is entitled to use all the association’s facilities and to participate in all its meetings.
Active members have the right to participate in assemblies, to vote, to elect and to be elected.
Promoting members and honorary members have the right to participate in all assemblies except those of the executive committee and special meetings instituted by the executive committee or President.
Members are obliged to promote the aim of the association and to comply with the internal code of conduct. The internal code of conduct is decreed by the executive committee and sanctioned by the President.
In order to avoid conflicts of interest, membership of another association with its seat in Austria, which is also engaged in the representation and research of the Napoleonic times, is prohibited.
Acting against these provisions entitles the executive committee to exclude a member or cancel their membership. Transition periods may be granted by the President, but must not exceed six months.
Beginning and ending of membership
The President, after consulting the executive committee, admits active and promoting members. The executive committee admits honorary members. Membership begins with the President’s acceptance of an application to join the association. The President, after consulting the association, may exclude or reject a member within a six-month probationary period without giving any reason.
a) With the death of a member.
b) By voluntarily leaving.
This must be put in writing and must reach the President of the association by 30th November of the calendar year, it can only be accepted if there are no liabilities left by that member to the association.
c) By exclusion:
- This takes place automatically if the member does not pay his membership subscription within two calendar months after maturity (31st January).
- By a resolution of the executive committee, if the member’s conduct is or was deemed to be such that it was contrary to the internal code of conduct and the behaviour expected of a member of the association. Or if it is agree by the executive committee that the member has by his or her actions brought into disrepute the good name of the association.
The General Assembly
The general assembly shall be made up of all members of the association.
A “quorum” is constituted if at the indicated time of a general assembly half of the members entitled to vote are present. If the quorum is not constituted at the indicated time, half an hour later another general assembly may take place, it may pass resolutions without consideration of the numbers of members present.
The statutory general assembly shall meet annually in the first quarter of the year.
Extraordinary general assemblies may be summoned within four weeks upon the following:
a) A resolution of the executive committee (simple majority).
b) By order of the President.
c) At the statutory general assembly.
d) By a request in writing supported by at least one quarter of members entitled to vote.
e) At the request of the auditors.
The President is required to summon all members in writing. All members must receive a written invitation and a copy of the agenda from the President to both statutory and extraordinary general assemblies at least two weeks before the date of the meeting. The general assembly shall pass a resolution with a simple majority of the delivered votes.
Amendments of the statutes and the dissolution of the association require a majority of two thirds (2/3) of the members entitled to vote and a specific announcement in the agenda.
The transmission of the right to vote for another member (proxy) may only be given in writing.
The President chairs the general assembly. In his absence a Vice-President (V-P), shall take his/her place. Should he/she (V-P) be unavailable the Presidency is incumbent on the Secretary.
Tasks for which the general assembly is responsible
The following tasks are reserved for the general assembly:
a) Receipt and approval of the report and the closing of accounts.
b) Election, appointment and removal of the executive committee and the auditors for four year periods respectively.
c) Discharge of the executive committee.
d) Fixing of membership subscriptions for active and promoting members
e) Resolutions concerning amendments of the statutes and the voluntary dissolution of the association.
f) Consultations and resolutions concerning other questions included in the agenda.
g) Voting over investments for the association.
The executive committee
The executive committee shall consist of:
a) The President.
b) The Vice-President.
c) A treasurer.
d) A secretary.
The executive committee is elected by the general assembly for a period of four years. It is responsible for all matters that the general assembly does not assign to other organs of the association.
The decision to purchase necessary equipment and other items for the association is incumbent on the executive committee. They may only approve investments up to €800 (petty cash), any sum over €800 must be agreed by vote at the annual general assembly (simple majority).
A report of the petty cash, which is managed by the treasurer, must be made at the next general assembly at the latest.
The executive committee passes its resolutions by a simple majority of votes. In the case of a vacancy in the executive committee an extraordinary general assembly must be summoned within four weeks in order to fill the vacant post. During this period the remaining members of the executive committee shall fill the vacancy with an active member.
Members of the executive committee may declare their resignation (in writing) at any time.
Tasks of the members of the executive committee
The executive committee is responsible for the following:
a) The President manages the association and represents it externally. He summons meetings of the general assembly and of the executive committee and shall chair them. General documents are signed by the President, or in his absence by the Vice-Presidents. Documents on financial matters are to be signed by the President or in his absence by the Vice-Presidents and the treasurer.
b) The Vice-Presidents support the president’s activities. With the agreement of the President they may substitute for him.
c) The treasurer shall manage the financial property of the association according to commercial principles. He shall provide a closing balance of the accounts of the preceding year in the first quarter of each year and submit it to the annual general assembly. The account shall be audited, signed by the auditors and countersigned by the President.
d) The secretary shall draft minutes at all meetings and is responsible for archiving all such documents and records.
The auditors are bound by current business controls and accounts procedures when examining the annual accounts. Having examined the accounts, they shall report their findings to the next general assembly.
Disputes are to be settled by an arbitration committee. Disputing parties are entitled to appeal to an arbitration committee. To form such a committee, each party shall designate two members in its confidence.
The four members so designated must elect a fifth person within the association as umpire who shall chair the arbitration committee. The arbitration committee shall reach its decision by a simple majority of votes
The decision so reached shall be binding within the association on each of the disputing parties.
Dissolution of the association
The general assembly may decide on the dissolution of the association but only with a two thirds majority vote of all eligible members. Should the association be dissolved, the property of the association is to be assigned to an organization that has the same or similar purposes as this association, as far as this is possible and permitted.
The last President of the association must notify in writing the local administrative authorities of the voluntary dissolution within two weeks following the resolution