Bylaws of the Paso Fino Association Europe e.V.
Bylaws from 17th February; current version as of 3rd January 2014
Amendments §1.2; §7.1 recorded in the register of associations Braunschweig VR 201172 (formerly Montabaur VR 20824)
§1. Name, Registered Office, Business Year
1.1. The association is called: Paso Fino Association Europe e.V. (PFAE)
It is to be recorded in the register of associations of the Federal Republic of Germany.
1.2. The registered office of the association is in D-38277 Heere (amendment: formerly in Winkelbach).
1.3. The financial year of the association always begins on 1st October.
§2. Purpose of the Association
2.1. The association exclusively and directly pursues nonprofit purposes in the sense of the chapter "Tax privileged purposes" of the German Tax Code.
2.2. The purpose of the association is to increase the population of Paso Finos, Trochadores (y Galoperos) and Trotones Galoperos in Europe by promoting equine show events, animal protection and breeding programmes. The pure breeding of Paso Fino or Trote and Trocha horses by observing effective breeding guidelines. Pure breeding implies the breeding of Paso Fino or Trote and Trocha horses who are registered with an accepted state-run breeding association as Paso Fino or Trote or Trocha horse and whose pedigree can be completely traced back to the studbook of the Paso Fino Horse Association in the USA respectively the ATTA in the USA and/or Fedequinas in Colombia. In cases where the pedigree of a horse is unclear the PFAE breeding committee decides about the pure breeding of a horse.
2.3. The purpose of the association as above is realized by:
2.3.1. Information and education of people interested in Paso Finos, Trochadores (y Galoperos) and Trotones Galoperos; also to further educate and inform.
2.3.2. Advice on matters of breeding, appropriate keeping of horses and breed specific usage taking into account the principles of the so-called countries of origin by cooperation and representation of interests in specific breeders’ associations to design and develop show and breeding rules.
2.3.3. Children and youth work.
2.3.4. Organizing and hosting and/or cooperation of shows and breeding events.
2.3.5. Keeping of various registers (breeding and show) for Paso Finos, Trochadores (y Galoperos) and Trotones Galoperos.
2.3.6. Cooperation with other associations whose objectives are appropriate to promote the purposes defined by the PFVE.
2.4 The association is a nonprofit organization; primarily profit purposes are not pursued.
2.5 The funds of the association must be exclusively used for statutory purposes. Members are not financed by association’s funds. No person must be favored by expenditures which are contrary to the association’s purpose or disproportionately high.
2.6 If the association is dissolved or annulled or if the current purpose of the association is abandoned in accordance with the responsible tax authority all association funds must go to a charitable society which will use the funds exclusively and directly for tax privileged, nonprofit purposes.
2.7 The duties and the responsibilities of the association are governed by: Internal rules, show rules, breeding rules.
2.8 Amendments and changes to the rules and standards require the decision of the board of directors.
3.1. Any person aged eight years or above as well as legal persons and associations of people are eligible for becoming a member of the association.
3.2. Honorary members, family members, couples, cohabitants and aficionados (sustaining members) coequal regular members.
3.3. Only members of full age are entitled to vote.
3.4. Membership is based on a formal, written application for membership (declaration of accession) to be sent to the association’s office, applications of minors must be signed by the legal representative. The latter commit themselves to pay the membership fees in place of the minor who is not yet fully contractually capable.
3.5. Any application for membership can be rejected by the board without giving reasons.
3.6. By acquiring membership, each member acknowledges the statutes and rules of the association (bylaws; show rules, breeding rules).
§4. Termination of membership
4.1. Membership is terminated by death, exclusion (see §4, 3) or cancellation of membership.
4.2. Cancellation of membership is only effective if a formal written statement is sent to the association office. For persons who are not yet fully contractually capably, especially minors, the cancellation letter must be signed by the parents or the legal representatives. Cancellation of membership can only become effective at the end of a business year. 2 months notice must be given.
4.3. A member can be excluded upon a board decision if the member:
4.3.1 Has offended against the rules or statutory decisions, violates or seriously endangers the association interests,
4.3.2 Has displayed unfair or anti-social behaviour,
4.3.3 Has violated rules of animal protection,
4.3.4 Has failed to pay the membership fees or shares in cost despite two written reminders. Exclusion may only be decided after 2 months have passed after the second reminder has been dispatched and the member has been threatened with exclusion.
§5. Membership Fees
5.1. Amount and due-date of annual membership fees and possible shares in cost are determined by the general meeting.
5.2. Honorary members are exempt from membership fees and shares in cost.
5.3. In exceptional cases the board may either completely or partially waive fees, membership fees and shares in cost or defer them.
§6. Elements of the Association
6.1. The elements of the association are the board and the general meeting.
§7. Board of Directors
7.1. The board of directors of the association consists of the 1st Chairperson of the Board, the 2nd Chairperson of the Board, the Secretary, the Treasurer, the Show Secretary, the Breeding Secretary, the PR Secretary, the Secretary for Recreational Riding, the Secretary for Youth support and possibly of the representatives of the regional groups. Each PFAE regional group consisting of at least 50 members can delegate a representative to the board of directors, who must be elected by the annual meeting.
7.2. According to § 26, chapter 2, BGB, the executive board consists of the 1st and 2nd Chairpersons who are the judicial and extrajudicial representatives of the association. Each one of them is authorized to represent the association. The 2nd Chairperson may only exercise his/her authority if the 1st Chairperson is unavailable or has given written permission.
§8. Responsibilities of the Board of Directors
8.1. The board of directors is responsible for all affairs of the association. It has the following special rights to realize the objectives of the association:
8.1.1. Preparation and convening of the general meeting as well as developing the agenda;
8.1.2. Execution of decisions of the general meeting;
8.1.3. Proposing of a budget, accountancy, producing an annual report;
8.1.4. Defining and developing the bylaws of the association (GO), the show rules (SO) and the breeding rules (ZO).
§9. Election and Term of Office of the Board of Directors
9.1. The board members are elected by the general meeting, usually for a term of office of 2 years. Re-election is possible. If a board member resigns before his/her term of office ends, the board has the right to elect a replacement for the remaining term of office. If the 1st Chairperson and 2nd Chairperson simultaneously resign while being in office the general meeting must convene for by-elections within 2 months. The board of directors remains in office until a new board has been elected.
9.2. In one year elections are held for the 1st Chairperson, the Show Secretary, the Breeding Secretary and the Treasurer; in the subsequent year the 2nd Chairperson, the Secretary and the PR Secretary are elected and possibly the board representative(s) of the regional groups.
9.3. Only regular members of the association can be elected into the board. The term of office of a board member automatically ends if the member terminates his/her membership.
§10. Board Meetings and Decision Making of the Board of Directors
10.1. The board of directors makes decision in board meetings which are called in by the 1st Chairperson or by the 2nd Chairperson if the 1st Chairperson is absent. An agenda need not be announced. A board meeting must be announced at least 1 week prior to the meeting.
10.2. The board of directors is quorate if at least half of its board members are present. Decisions are taken by simple majority. In the event of a tie, the Chairperson has the deciding vote.
10.3. The board of directors can pass circular resolutions, if more than half of the board members approve of this procedure.
§11. General Meeting
11.1. Every regular association member of voting age is eligible to vote at the general meeting.
11.2. The voting right can be conferred to another regular member in writing. Authorization must be newly conferred to for each general meeting; a member must not be authorized to vote for more than three other regular members.
11.3. The general meeting is responsible for the following affairs:
11.3.1. Election, dismissal and approval of the board of directors;
11.3.2. Determination of membership fees;
11.3.3. Making decisions about amendments to the rules and dissolution of the association;
11.3.4. Appointment of honorary members.
§12. Calling of the General Meeting
12.1. At least once a year, possibly in the first quarter of the business year (4. Quarter of the calendar year), the ordinary annual meeting is to be called in. It is called in by the board of directors in writing at least 4 weeks prior to the event. The 4-week period begins with the day after the invitation has been dispatched. The invitation must also contain the agenda of the meeting. The invitation is considered to be received by the member, if the invitation has been dispatched to the latest address stated by the member. The agenda is defined by the board of directors.
12.2. Each member has the right to make a motion to the board in writing, giving at least one week’s notice prior to the general meeting. The moderator of the annual meeting must announce any motion at the beginning of the meeting. The decision to accept a motion at the annual meeting must be made by the annual meeting.
§13. Extraordinary Annual Meetings
13.1. An extraordinary annual meeting must be called in by the board of directors, if the interests of the association demand it, or, if at least one third of the members apply for it in writing, stating also the purpose and reasons for the extraordinary meeting.
§14. Decision Making of the Annual Meeting
14.1. The annual meeting is moderated by the 1st Chairperson, or, if the 1st Chairperson is absent by the 2nd Chairperson. If no member of the board of directors is attending, the annual meeting appoints a moderator. During elections the moderation of the annual meeting can be passed on to an election committee for the time of the election process including the respective discussion.
14.2. The type of ballot is determined by the moderator of the annual meeting. A secret ballot must be carried out if a quarter of the members who are entitled to vote apply for a secret ballot.
14.3. The annual general meeting is basically quorate. In general, the annual meeting decides by simple majority. A person is elected if he/she receives more than half of the cast valid votes. If no candidate receives more than half of the cast valid votes, a second ballot must decide between the two candidates who had received the majority of votes of the first ballot. The person who receives then the majority of votes of the second ballot is elected. Is there a tie again, the 1st Chairperson of the board of directors has to make the final decision.
14.4. The decisions of the annual meeting must be recorded in the minutes. The minutes must be signed by the moderator of the annual meeting and the minute taker.
§15. Dissolution of the Association
15.1. The dissolution of the association can only be decided by an extraordinary annual meeting that is called in exclusively for this purpose. The invitation for this extraordinary general meeting must be dispatched at least 4 weeks prior to the meeting.
15.2. The dissolution must be decided by a majority ballot of at least ¾ of all valid votes cast.
15.3. If the annual meeting doesn’t decide otherwise, the 1st and the 2nd Chairperson are the liquidators authorized to represent the association.
15.4. The aforementioned rules apply accordingly if the association is dissolved for another reason or loses its legal capacity.