Constitution
European Voice Teachers Association EVTA
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§ 1. |
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Name, seat,
financial year, language and membership of the EVTA in other Associations |
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1.1 |
The name of the association shall be the European
Voice Teachers Association - EVTA e.V. It shall be registered
as an Association with the appropriate court of jurisdiction. |
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1.2 |
The seat of EVTA is Detmold. |
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1.3 |
The financial year is the calendar year. |
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1.4 |
The association is successor to the EVTA
European Voice Teachers Association with its seat in London, England. |
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1.5 |
The language of EVTA for official or
legal purposes is German. |
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1.6 |
The association shall be a member of the
ICVT (International Congress of Voice Teachers) if EVTA thereby retains its
own independence and legal structure. |
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§ 2. |
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Aims of the
Association |
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2.1 |
The aims of the association are to
promote and encourage the cultural, pedagogical, and scientific aspects |
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1.
of vocal pedagogy in all styles of music, 2. of
the continued education and training of voice teachers, amateur and
professional singers, as well as of all students of voice, 3. of
general interest in singing, 4. the
care and promotion of talented young singers, 5. of
research of the voice in Europe
and particularly in its member countries. |
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2.2 |
The association pursues exclusively
charitable and non-profit aims in accordance with the section on
"tax-favoured aims" of the tax law. The aims of the Constitution
will be achieved in particular by: |
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promoting communication between its members and between EVTA and related
disciplines worldwide; -
promoting exchange projects and programs for voice teachers and voice
students in the Member Associations; - holding
meetings, conferences, conventions, courses, seminars and gatherings with the
aim of exchanging and spreading ideas and information; - issuing
professional publications, specialized journals and newsletters about vocal
pedagogy and singing for its members and the interested public; - promoting
research projects for European and worldwide exchange and spread of
information and ideas on vocal pedagogy to its members; - holding
concerts and exhibitions, as well as the production of sound media and
electronic media of every sort regarding vocal pedagogy and singing; - promoting
talented singers, whose teachers are members of a Member Association. |
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2.3 |
The association is a charitable
organization and does not primarily pursue commercial interests. |
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2.4 |
Association funds may only be used for
the aims set forth in the constitution. |
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2.5 |
Members may not receive shares in the
profits of the association, nor may they in their capacity as members receive
other forms of payments out the funds of the association. No person may
unduly profit by incurring expenditures foreign to the aims of the association,
or by receiving unduly high compensation. All decisions regarding the
reimbursement of expenditures will made the Executive Committee. |
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§ 3. |
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Application for
Membership |
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3.1 |
EVTA is an umbrella association of the
associations of voice teachers in European countries. Any European
association of voice teachers, which is a legal entity in its own country,
has an elected leadership, and having aims similar to those defined in § 2, is
eligible for full membership. Full members are vested with all rights and
privileges. |
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3.1.1 Members
of the Member Associations may participate in any events organized by EVTA or
its Member Associations. |
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3.2 |
In accordance with the legal aims of the
association set forth in §
2 individuals and legal entities may become sponsoring members. Sponsoring
members cannot be elected to the Executive Committee and have no voting
rights in the EVTA Councilt. |
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3.3 |
Persons or organisations who have served
the association with distinction may be awarded honorary membership on recommendation
of the Executive Committee or the EVTA Council. Honorary membership carries
no rights. |
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Honorary membership must be confirmed by
a simple majority vote of the EVTA Council. |
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3.4 |
The prerequisite for joining is the
submission of a written application for full membership, which is to be
addressed to the Executive Committee. The application must include a copy of
the constitution of the applying association in English and a current list of
the members.. |
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3.5 |
Decisions regarding an association's
application for membership will be made by the EVTA Council at its next
meeting. The membership application is approved by a two-thirds majority vote
of the council. If an application is rejected, the EVTA Council is obligated
to inform the applicant of the reasons. An Association may re-apply at any
time. |
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3.5.1. All
applications for sponsoring membership will be decided by the Executive
Committee at its own discretion. If the application is rejected, the
Executive Committee is not obliged to inform the applicant of the
reasons. |
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§ 4. |
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Terminating the
Membership |
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4.1 |
The membership is terminated |
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dby voluntary resignation -
by expulsion from the association -
on the death of the sponsoring member |
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4.2 |
Voluntary resignations must be made in
writing to the Executive Committee. The letter of resignation must be
received by the Executive Committee before September 30th. The resignation
becomes effective at the end of the calendar year and does not exempt the
resigning association from payments of outstanding financial obligations. |
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4.3 |
A Member Association or a member can be
expelled from the association by a decision of the EVTA Council |
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- if
he or the Member Association has grossly violated the interests of the association
in particular through dishonourable, improper or non-professional behaviour - or
if the membership dues are at least 2 years in arrears. |
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4.3.1. Should
a Member Association or a member be accused of violating § 4.3, the Executive
Committee is responsible for examining the charges. If after hearing the
accused, the charges are deemed sufficient, the Executive Committee may call
an extraordinary meeting of the EVTA Council. Notification of such a meeting
must be given at least 8 weeks in advance. Before a decision on the matter is
made, the Member Association or the member should be given a reasonable
opportunity to justify himself in front of the EVTA Council personally or in
writing. A written statement of the accused must be read out loud in the
meeting. The Member Association or the member may be expelled by a two-thirds
majority vote of council members present. The reasons for the expulsion must
be provided to the Member Association or member in writing by means of
registered letter. The association or member concerned loses all privileges
of EVTA membership with immediate effect and has no claim on repayment of any
monies paid to EVTA. The association or member concerned remains liable from
the day of its expulsion for all outstanding dues, contributions or other
charges until paid. 4.3.2.
A Member Association which has been expelled or has voluntarily resigned may
no longer use the name EVTA in any way, nor may it continue to call itself a
member of EVTA. |
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§ 5. |
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Membership dues |
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5.1 |
The association will collect an annual
membership fee from all its members. |
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5.2. |
EVTA Council sets amount of the annual
membership fee. |
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5.3 |
Honorary members are exempt from paying
dues. |
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§ 6 |
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The organisation
of the association |
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The ruling bodies of the association
shall be |
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6.1 |
the Executive Committee |
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6.2 |
the EVTA Council. |
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§ 7. |
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The Executive
Committee |
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7.1 |
Executive Committee of the association
shall consist of the president, one or two vice-presidents, the secretary,
the treasurer and one to three associate Members-at-large. |
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7.1.1
The president must have been a member of the EVTA Council for at least
one year at the time of his nomination. |
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7.2 |
The association is to be legally
represented in and out of court by two members of the Executive Committee,
one of whom must to be the president or one of the vice-presidents. The
Executive Committee will be represented jointly by two of its members, one of
whom must be the president or one of the vice-presidents. |
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7.3 |
The terms of office of the president,
vice-president, treasurer and the secretary shall be four years. The terms of
office for Members-at-large shall be two years. The President and the
Vice-President may only be re-elected once. The Treasurer, Secretary and
Members-at-large are eligible to run for office again. |
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7.3.1 The
election of a President shall be held one year before the end of his term of
office. If a new president is elected, he shall hold the position of
“President-elect” until his term of office begins. |
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7.3.2 If
a member of the Executive Committee leaves office before his term has
expired, the tasks of his office will be carried out by the remaining members
of the Executive Committee until the next meeting of the EVTA Council. |
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7.4 |
The Executive Committee makes its
decisions as a rule in meetings of the Executive Committee, that may be
called in writing, by telephone, by telefax or by e-mail by the president, or
if he is unable to do so, by one of the vice-presidents. Notification must
take place no later than 8 weeks before the meeting. |
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7.4.1 The
Executive Committee has achieved a quorum, when a majority of its members are
present. Resolutions are by a simple majority. In case of a tie, the
president, or in his absence the 1st vice-president casts the deciding vote.
If there is no quorum, it may be achieved by means of telecommunication or by
video conferencing, when there is unanimous agreement as to method used. If a
majority still cannot be reached, a second meeting of the Executive Committee
must be called within a period of four weeks. A quorum is then reached, when
at least three members of the Executive Committee are present. |
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7.4.2
The Executive Committee make also make a decision outside of a
legal meeting using written or telecommunication means, when there majority
agreement on the method to be used. All such resolutions are to be included
in the minutes of following meeting. |
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7.5 |
The Executive Committee is authorized to
set up an office under management of a general manager to handle the daily
administration of the association. |
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7.5.1 If
the managing director is a member in good standing of a Member Association or
a member of the Executive Committee, he may receive adequate compensation,
however only with approval of the EVTA Council. |
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7.6 |
The Executive Committee has the authority
to decide all matters of the association not delegated to the EVTA Council.
It can delegate specific areas of association work to single members of the
Member Associations or to third parties, through "Werk-, Honorar or
Arbeitverträge". The Executive Committee is obligated to fully execute
its decisions and those of the EVTA Council. |
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§ 8. |
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The EVTA Council |
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8.1 |
DThe EVTA Council is the central decision
making body of the association. It decides on all matters which are assigned
to it by law or the Constitution or matters presented to it by the Executive
Committee for decision, in particular: |
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Receiving the reports of the president and treasurer -
Receiving the annual auditor's report -
Releasing the Executive Committee from obligation and endorsing their
activities -
Electing the members of the Executive Committee -
Electing the auditor -
Setting the amount of the membership dues -
Amending the constitution -
Regulating the activity of the Executive Committee -
Passing a resolution to dissolve the association -
Recalling the Executive Committee |
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8.2 |
The EVTA Council shall consist of two
Councillors for each member association. Each member association may send up to 3
additional representatives to the EVTA Council meeting. The additional
representatives of the member associations shall have an advisory capacity
only and may neither speak nor vote. Each Member Association decides on its
own representatives. The names of the Councillors are to be included in the
minutes of the meeting. Members of the Executive Committee may serve
simultaneously as Councillors for their respective countries. |
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8.3 |
Each member association has one vote in
the EVTA Council. Voting shall be by show of hands and Councillors may vote
independently. Resolutions shall be passed by a majority of the votes cast,
which must additionally represent a majority of the total number of members
of all the member associations. The Secretary shall determine the total
number of members of all the member associations by using the member
association’s
membership lists from the 31st of December of the preceding year. |
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8.3.1 Sponsoring
and honorary members have no voting rights in the EVTA Council. |
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8.3.2 Members
of the Member Associations may take part in the meeting of the EVTA Council
as passive observers. They may neither speak nor vote. |
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8.4 |
The EVTA Council meets once a year. The
meeting will be set by the Executive Committee. Notification is to be sent in
writing or by e-mail at least 8 weeks prior to the meeting and is to include
the details of the agenda. The notification period starts with the day
following the dispatch of the official invitation. The official invitation
will be considered received, if the invitation is sent to the last known
address of the Member Association. The agenda is to be fixed by the Executive
Committee. |
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8.4.1 Each
Member Association request changes or additions to the agenda in writing up
to two weeks prior to the meeting of the EVTA Council. The chairman of the
meeting must announce the changes or additions to the agenda at the beginning
of the meeting. Changes or additions to the agenda that are requested at
meeting are decided on by the EVTA Council. A simple majority of those
present is required for their inclusion in the agenda. |
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8.5 |
The Executive Committee may call an
extraordinary meeting of the EVTA Council at any time, if the interests of
the association require it, or if 1/5 of all the full members demand it in
writing, giving details of the purpose of the meeting to the Executive
Committee. |
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8.6 |
DThe EVTA Council shall be chaired by the
president, in case of his absence, the 1st vice-president or another member
of the Executive Committee. If no member of the Executive Committee is
present, the meeting shall name its own chair. |
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8.6.1 Minutes
of the meeting of the EVTA Council are to be kept; the secretary of the
meeting is to be determined by the chair. A non-member may also be named to
keep the minutes. The minutes of the meeting are to be signed by the chairman
and secretary of the meeting. |
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8.7 |
The meeting of the EVTA Council is
acknowledged as having built a quorum regardless of the number of members
present. This must be stated in the invitation to the meeting. |
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8.7.1 Decisions
in the EVTA Council are made by a show of hands. As a rule, resolutions are
passed by a simple majority of the valid votes cast and as set forth in
Paragraph 8.3; therefore abstentions do not affect the outcome of the vote. |
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8.7.2 In
order to change the constitution however, a two-thirds majority of the valid
votes cast is necessary, to dissolve the association a four-fifths vote is
required. A change in the aims of the association can only be made with
unanimous consent of all Member Associations. The written votes of any
Councillors not present at that meeting of the EVTA Council may only be
counted when received by the Executive Committee within one month of the
decision. |
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8.8 |
Members of a governing body of the
association may not vote on a motion to release the Executive Committee of
their obligation and endorsing their activities. |
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8.9 |
Elections |
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8.9.1 EVTA
Council elects the Executive Committee |
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8.9.2
The election of the Executive Committee is regulated by the
election by-laws. |
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8.9.3
The EVTA Council can recall the Executive Committee by a vote of
no confidence. A motion to bring a vote of no confidence requires a
two-thirds majority of those present at the meeting. |
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8.9.4
A vote of no confidence to recall of the Executive Committee
requires a three-fourths majority of those present at the meeting of the EVTA
Council. If the Executive Committee has been recalled, the Council shall
elect a new Executive Committee to fill out the remaining terms of the
Executive Committee in the same meeting. |
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8.9.5
New elections for the Executive Committee can first be held in an
extraordinary meeting of the Council after an interim of 6 months. (See
election by-laws). |
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8.10 |
Auditor of the books |
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The EVTA Council elects an auditor of the
books by simple majority. The auditor cannot be a member of the incumbent
Executive Committee; he need not be a member of the association. It is the
auditor’s duty to audit the books of the association and the treasurer’s
report for its correctness. |
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§ 9. |
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Dissolution of
the association |
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9.1 |
In the case of the dissolution of the
association, and according to current law, the current assets of the
association may be transferred only to organisations with charitable aims on
consent of the relevant tax authority. |
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9.2 |
Provided that the EVTA Council does not
decide differently, the president and the 1st vice-president shall jointly be
the legally authorized liquidators of the association. |
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9.3 |
The above mentioned regulations also
apply in case the association is dissolved for other reasons or if it loses
its legal status. |
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§ 10. |
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Effective date of
the constitution |
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10.1 |
constitution becomes effective on the day
of its approval by the EVTA Council. |
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10.2 |
With the introduction of association law
by the European Union, the constitution of the association shall be amended
accordingly. |
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10.3 |
The EVTA council authorizes the Executive
Committee to make any editorial or language corrections to the constitution
required by the Tax Authority or the Court of Registry. |
Hanover, October 3, 2004