Statutes of the Kunstverein München e.V.

Preambel

The Kunstverein München asks for forgiveness for its collaboration with the Nazi Regime and the Reich Chamber of Culture and acknowledges its substantial share of responsibility for the injustices committed by the Reich Chambers of Culture and the Reich Chamber of Fine Arts. In particular, the Kunstverein München asks for forgiveness for the inclusion of paragraph (d), clause 8 in the association’s statutes on June 30, 1936. The Kunstverein München declares that it is permanently committed to the principles of non-discrimination and equal treatment towards members and non-members.

§ 1 Name and seat

(1) The association carries the name “Kunstverein München.” It is listed in the register of associations.
The association continues the tradition of the Münchner Kunstverein
(2) of 1823 and that of the Gesellschaft der Freunde junger Kunst.
(3) The seat of the association is Munich.

§ 2 Purpose

(1) The purpose of the association is to promote and foster the fine arts. It is primarily dedicated to current and forward-looking tendencies in the development of art.
(2) The association organizes exhibitions, lectures, discussions, guided tours, and art trips. It publishes printed matter (e. g. catalogs and publications accompanying the exhibitions). It is actively involved in shaping local and national developments in culture.
(3)The association offers its members artworks at special rates.
(4) The association is independent and non-partisan. It is not bound to any third-party interests.

§ 3 Non-profit status

The association pursues exclusively and primarily non-profit purposes within the definition of the section “Tax-privileged purposes” of the Fiscal Code of Germany. The association is a non-profit organization and does not primarily pursue its own economic purposes. The funds of the association may only be used for statutory purposes. Members do not receive any financial benefits from the association’s funds. No person may benefit from expenses that are not in accordance with the purpose of the association or from disproportionately high remuneration.

§ 4 Fiscal year

The association’s fiscal year is the calendar year.

§ 5 Membership

(1) Any natural person and any legal person under private or public law may become a member of the association.
(2) The membership is acquired upon receiving a registered membership card following a written membership agreement.
(3) The membership expires
a) upon the passing of the member
b) upon the receipt of a written notice of termination. Cancellation is possible at any time; payment of the membership fee for the calendar year in which the membership is canceled remains unaffected.
c) if the member is more than six months in delay with the payment of the membership fee despite a written reminder. The annual membership fee is due upon the receipt of the annual membership card.
(4) The association may admit supporting members; the conditions for this shall be regulated by the Board.

§ 6 Honorary membership

Persons who have made outstanding contributions to the association may be appointed as honorary members at the annual General Assembly on the recommendation of the Board. They are exempt from the membership fee.

§ 7 Organs

The organs of the association are:

(1) the General Assembly
(2) the Board
(3) the Arbitration Committee

§ 8 General Assembly

(1) The General Assembly must be held at least once a year. It must be convened during the first half of the calendar year.
(2) The General Assembly has the following tasks in particular:
a) Receipt of the annual report and treasury report by the Board
Receipt of the auditor’s report and granting discharge
b) Election of the Board and two auditors
c) Passing resolutions on amendments regarding the statutes and the dissolution of the association.
(3) The Board must convene a General Assembly without delay if the interests of the association demand it or if at least 5% of the members request it in writing, stating the purpose and reasons.
(4) Each General Assembly shall be convened in writing by the Board at least three weeks before the General Assembly. Any member may submit a written request to the Board to add items to the agenda no later than five days before a General Assembly. The Chairperson of the meeting must announce the addition at the beginning of the General Assembly. Proposals for amendments to the statutes must be communicated in writing in the invitation to the General Assembly.
(5) The General Assembly shall decide on the adoption of proposed resolutions by a majority of the valid votes cast by the members present. Abstentions are considered invalid votes. A majority of three quarters of the valid votes cast is required to amend the statutes and to dissolve the association.
(6) Further details are regulated by the rules of procedure and the election rules.

§ 9 Board

(1) The Board consists of the Chairperson, Vice Chairperson, Treasurer, Secretary, and five Members.
(2) The Board is elected by the General Assembly for a term of two years. It shall remain in office until a new election or re-election is held.
(3) If a Member of the Board resigns before the end of the term of office, a by-election shall be held at the following General Assembly.
(4) The Board manages the day-to-day business and administers the assets of the Association.
It may employ and dismiss a Director to manage the association
and other employees to support the Director. The Director and the employees of the association may not be Members of the Board.
(5) The association shall be represented in and out of court by the Chairperson alone or by the Vice Chairperson together with another Member of the Board.
(6) The Board has a quorum if at least six of its members are present. Votes may not be delegated. In the event of a tie, the Chairperson shall have the casting vote.
(7) The Board must report annually to the General Assembly on its activities, submit the treasury report for the previous fiscal year and a budget for the current fiscal year.

§ 10 Arbitration Committee

(1) The General Assembly elects an Arbitration Committee to settle disputes, pass resolutions on election challenges and interpretations of the statutes, as well as to decide on motions in accordance with § 5/c.
(2) The Arbitration Committee shall consist of the Chairperson and two Members.
(3) Members of the Arbitration Committee may not be Members of the Board or any Board of Trustees or act as auditors. Applications to the Arbitration Committee may be made by the Board or by 5% of the members. Otherwise, the rules of procedure and the election rules shall apply.
(4) The arbitration procedure is governed by the Arbitration Rules of the association.
(5) Appeals against decisions of the Arbitration Committee are only possible by legal action.

§ 11 Board of Trustees

(1) The Board may appoint a Board of Trustees to advise, promote, and support the association.
(2) The Board of Trustees shall be appointed for a term of two years.
(3) The Board of Trustees elects a spokesperson from among its members, who participates in the meetings of the Board in an advisory capacity.
(4) The Board shall convene the Board of Trustees at least once a year to report and discuss fundamental and current issues relating to the association’s work.

A gender-appropriate version of the Articles of Association is being sought.

§ 12 Working Groups

The members can form working groups that take on special tasks in line with the purpose of the association. As soon as their tasks have been approved, they shall be supported with the association’s funds and facilities.

§ 13 Contributions

The amount of the association membership fee for private members and corporate members is determined by the General Assembly at the request of the Board.

§ 14 Dissolution

If the association is dissolved or annulled or if its previous purpose is annulled, the assets of the association shall be transferred to the City of Munich, which shall use them exclusively and directly for the promotion of the fine arts.

§ 15 Other

Members have the right to visit all exhibitions of the association free of charge. They shall be given preferential treatment for all services offered by the association.

§ 16 Validity

The statues shall become effective upon adoption by the General Assembly on 19.08.2021 and entry in the register of associations.