§ 1: Name, Seat and Field of Activity
(1) The name of the association is WIMA-Austria, the Women’s Motorcycle Organisation.
(2) It has its seat in Vienna and extends its activities to the Austrian federal territory.
(3) The establishment of branch associations is not intended.
(4) The financial year corresponds to the calendar year.
(5) WIMA stands for: Womens International Motorcycle Association.
§ 2: Purpose
The association, whose activities are not aimed at profit, pursues charitable purposes, in particular its activities are aimed at
(1) to promote the common riding pleasure for women / with women
(2) promoting women in amateur motorsport (on- and off-road)
(3) Facilitating access to motorbike sport for women
(4) To hold motor sport events itself, or through its members, and other sporting events. Alone, or in conjunction with other organisations,
e.g. international events of WIMA International or other WIMA national organisations.
(5) Representation of the interests of women motorcyclists.
§ 3: Means to achieve the aims of the association
(1) The purpose of the Association shall be achieved through the activities and financial means listed in paragraphs 2 and 3.
financial means.
(2) The following activities are intended to achieve the aims of the Association
a) Riding technique workshops
b) Joint (perfection) rides
c) Tours lasting one or more days
d) Technical Workshops
e) Establishment of a website and/or other electronic media
f) Issuing of publications
g) Meetings
h) Discussion evenings and lectures
i) Participation in trade fairs or similar events
(3) The necessary financial resources shall be raised by:
a) membership fees
b) subsidies and grants
c) donations, collections
d) proceeds from events organised by the Association
e) Sponsors
f) Advertising revenue
g) Sale of association articles (merchandise)
h) Income from workshops of the association
§ 4: Types of membership
(1) The members of the Association are divided into ordinary and honorary members.
(2) Ordinary members are those who support the activities of the Association primarily through their active participation in achieving the purpose of the Association, and who participate in the work of the Association.
(3) Honorary members are those persons who are appointed as such because of special services to the Association.
§ 5: Acquisition of membership
(1) All female persons may become members of the Association.
(2) Application for membership (with the exception of honorary membership) must be made in writing to the Executive Committee. The necessary application form is attached in Annex A of the Statutes.
(3) The Executive Committee decides on the admission of full members. Admission may be refused without giving reasons.
(4) Until the Association is established, the provisional admission of ordinary members shall be made by the founders of the Association or, in the case of an already appointed Executive Committee, by the latter.
(5) Such membership shall only become effective upon the formation of the Association. If a Board is not appointed until after the formation of the Association, the (definitive) admission of ordinary members shall also be effected by the founders of the Association until then.
(6) Appointment as an honorary member shall be made by the General Assembly on application by the Executive Committee or a member.
§ 6: Termination of membership
(1) Membership is terminated by death, by voluntary resignation and by expulsion.
(2) Resignation can take place at any time. There is no refund of membership fees already paid.
(3) The Executive Committee may expel a member if he/she is more than two months in arrears with the payment of the membership fee despite two written reminders with an appropriate grace period.
(4) The expulsion of a member from the Association may also be ordered by the Executive Committee for gross violation of other membership obligations and for dishonourable conduct.
(5) The deprivation of honorary membership may be decided by the General Assembly on a motion of the Executive Committee for the reasons mentioned in paragraph 4.
§ 7: Rights and duties of members
(1) Members are entitled to participate in all events of the Association and to use the facilities of the Association. Only members have the right to vote at the General Assembly and the right to vote and stand for election.
(2) Every member shall be entitled to request the Executive Committee to hand over the Statutes.
(3) At least one tenth of the members may request the Executive Board to convene a General Assembly.
(4) The members shall be informed annually by the Executive Committee about the activities and financial management of the Association by 30 April. If at least one tenth of the members so request, stating their reasons, the Executive Committee shall also provide such information to the members concerned within four weeks.
(5) The members shall be informed by the Executive Committee of the audited accounts (presentation of accounts). If this is done at the General Assembly, the auditors shall be involved.
(6) The members are obliged to promote the interests of the Association to the best of their ability and to refrain from doing anything that could damage the reputation and purpose of the Association. They shall observe the statutes of the Association and the resolutions of the organs of the Association.
(7) Ordinary members are obliged to pay their membership fees punctually by 31.03. of the year at the latest in the amount decided by the General Assembly.
§ 8: Organs of the Association
The organs of the Association are the General Assembly (§§ 9 and 10), the Executive Board (§§ 11 to
13), the Auditors (§ 14) and the Arbitration Board (§ 15).
§ Article 9: General Assembly
(1) The General Assembly is the “Members’ Assembly” in the sense of the Associations Act 2002. An ordinary General Assembly shall be held annually.
(2) An extraordinary General Assembly takes place at
a. Resolution of the Board or the Ordinary General Assembly,
b. written request of at least one tenth of the members,
c. Request of the auditors (§ 21 section 5 first sentence VereinsG),
d. Resolution of the auditors (§ 21 para. 5 second sentence of the Association Act, § 11 para. 2 third sentence of these Statutes),
e. Resolution of a court-appointed curator (§ 11 para. 2 last sentence of these statutes)
f. within four weeks.
(3) All members must be invited in writing (e.g. to the e-mail address provided by the member to the Association) to both the ordinary and the extraordinary general meetings at least three weeks before the date. The convocation of the General Assembly shall include the agenda. The General Assembly shall be convened by the Executive Board (Para. 1 and Para. 2 lit. a – c), by the auditor(s) (Para. 2 lit. d) or by a court-appointed trustee (Para. 2 lit. e).
(4) Motions for the General Assembly shall be submitted in writing to the Executive Committee at least two weeks before the date of the General Assembly.
(5) Valid resolutions – with the exception of those concerning a motion to convene an extraordinary General Assembly – may only be passed on the agenda.
(6) All members are entitled to participate in the General Assembly.
Each member registered at least 4 weeks before the General Assembly (the date of the confirmation of admission by the Executive Committee counts, this is issued after the written application for membership, see §5 par. 2 and 3) has one vote.
(7) The General Assembly shall have a quorum of at least half of the members, if after 30 minutes not enough members are present, the existing number of members shall be deemed to have a quorum.
(8) Elections and resolutions in the General Assembly are generally carried out with a simple majority of the valid votes cast. However, resolutions to amend the statutes of the Association or to dissolve the Association require a qualified majority of two thirds of the valid votes cast.
(9) The General Assembly shall be chaired by the President or, in her absence, by her deputy. If the Vice-President is also prevented, the oldest member of the Executive Committee present shall chair the meeting.
(10) If the holding of a General Assembly with the presence of all participants is not possible due to special circumstances, or if it is not reasonable for the members (§ 1 paragraph 2. Austria-wide activity), General Assemblies can also be held without the physical presence of the participants (e.g. via telephone or video conference), or also in mixed form. In this case, the provisions for holding general meetings apply mutatis mutandis, whereby a technical solution must be chosen that ensures that all members entitled to participate can take part in the virtual meeting.
§ 10: Duties of the General Assembly
The following tasks are reserved for the General Assembly:
a) Receipt and approval of the statement of accounts and the financial statement with the involvement of the auditors;
b) Discharge of the Executive Committee;
c) Election and dismissal of the members of the Executive Board and the Auditors, if the term of office according to §11, paragraph 3 has expired;
d) Determination of the amount of the admission fee and the membership fees for ordinary members;
e) Award and revocation of honorary membership;
f) Passing resolutions on amendments to the Statutes and the voluntary dissolution of the Association;
g) deliberation and passing of resolutions on other matters on the agenda.
§ 11: Executive Committee
(1) The Executive Committee consists of six members, namely the President and her deputy, the Treasurer and her deputy, and the Secretary and her deputy.
(2) The Executive Committee shall be elected by the General Assembly. In the event of the resignation of an elected member, the Executive Committee shall have the right to co-opt another eligible member to take his place, subject to subsequent approval by the next General Assembly. In the event that the Executive Committee should cease to exist at all or for an unforeseeably long period of time without being replaced by a co-opted member, each Auditor shall be obliged to immediately convene an extraordinary General Assembly for the purpose of electing a new Executive Committee. Should the Auditors also be unable to act, any full member who recognises the emergency situation shall immediately apply to the competent court for the appointment of a curator, who shall immediately convene an extraordinary General Assembly.
(3) The term of office of the Executive Board is 3 years (see §9 paragraph 1); re-election is possible.
(4) Each function in the Executive Committee shall be exercised personally.
(5) The Executive Board shall be convened in writing or orally by the President or, if she is unable to do so, by her deputy. If the President is also prevented from attending for an unforeseeably long period of time, any other member of the Executive Board may convene the Executive Board.
(6) The Executive Board constitutes a quorum if all its members have been invited and at least half of them are present.
(7) The Executive Board shall adopt its resolutions by a simple majority of votes; in the event of a tie, the Chairperson shall have the casting vote.
(8) The Chair shall be taken by the President or, if she is unable to attend, by her deputy. If she is also prevented, the chair shall be taken by the oldest member of the Executive Board present or by a member of the Executive Board appointed by a majority of the other members of the Executive Board.
(9) Apart from death and expiry of the term of office (paragraph 3), the function of a member of the Executive Committee shall expire by removal (paragraph 10) and resignation (paragraph 11).
(10) The General Assembly may dismiss the entire Executive Board or individual members at any time. The dismissal takes effect with the appointment of the new Executive Board or Executive Board member.
(11) The members of the Executive Board may resign in writing at any time.
(12) The declaration of resignation shall be addressed to the Executive Board, in case of resignation of the entire Executive Board to the General Assembly. The resignation becomes effective only with the election or co-option (para. 2) of a successor.
§ 12: Duties of the Executive Committee
The Executive Committee shall be responsible for the management of the Association. It is the “governing body” in the sense of the Association Act 2002.
It shall be responsible for all tasks not assigned by the Statutes to another organ of the Association.
to another organ of the Association. In particular, it is responsible for the following
matters:
(1) Establishment of an accounting system in accordance with the requirements of the Association with continuous recording of income/expenditure and keeping a list of assets as a minimum requirement;
(2) Preparation of the annual budget, the statement of accounts and the closing of accounts;
(3) Preparation and convening of the General Assembly in the cases of § 9 par. 1 and par. 2 lit. a – c of these Statutes;
(4) Informing the members of the Association about the activities of the Association, the management of the Association and the audited accounts;
(5) Management of the Association’s assets;
(6) Admission and exclusion of ordinary and extraordinary members of the Association;
§ 13: Special duties of individual Executive Committee members
(1) The President shall conduct the day-to-day business of the Association. The Deputy President and the Treasurer shall support the President in the management of the Association’s business.
(2) The President represents the Association externally. Written documents of the Association require the signatures of the President and the Treasurer to be valid. Legal transactions between members of the Executive Committee and the Association require the consent of another member of the Executive Committee.
(3) Legal authorisations to represent the Association externally or to sign on its behalf may only be granted by the members of the Executive Committee named in paragraph 2.
(4) In case of imminent danger, the President shall be entitled to issue orders on her own responsibility, even in matters falling within the scope of the General Assembly or the Executive Board; however, in the internal relationship, these shall require the subsequent approval of the competent organ of the Association.
(5) The President shall chair the General Assembly and the Executive Committee.
(6) The Secretary shall keep the minutes of the General Assembly and of the Executive Committee.
(8) If the President, the Secretary or the Treasurer is prevented from attending, her deputies shall take her place.
(9) The Executive Committee may appoint experts from among the members to carry out special activities (e.g. website design, social media, training, marketing, etc.) on behalf of the Association: Website design, social media support, training, marketing, etc…) on behalf of the Association.
§ 14: Auditors
(1) Two auditors shall be elected by the General Assembly for a period of 3 years (see § 9 paragraph 1). Re-election is possible. The auditors may not belong to any body – with the exception of the General Assembly – whose activities are the subject of the audit.
(2) The Auditors shall be responsible for the ongoing control of the business and the financial management of the Association with regard to the correctness of the accounts and the use of the funds in accordance with the Statutes. The Executive Board shall submit the necessary documents to the auditors and provide them with the required information. The auditors shall report to the Executive Board on the results of the audit.
(3) Legal transactions between auditors and the Association require the approval of the General Assembly. In all other respects, the provisions of § 11 (8) to (10) shall apply mutatis mutandis to the Auditors.
§ 15: Arbitration Board
(1) The Arbitration Board is appointed to settle all disputes arising from the Association. It is a “conciliation board” in the sense of the Association Act 2002 and not an arbitration court according to §§ 577 ff ZPO.
(2) The conciliation board shall be composed of three ordinary members of the association. It shall be formed in such a way that one party to the dispute nominates a member in writing to the Executive Board as arbitrator. Upon request by the Executive Board within seven days, the other party to the dispute shall nominate a member of the arbitration board within 14 days. After notification by the executive committee within seven days, the nominated arbitrators shall elect a third ordinary member as chairperson of the arbitration board within a further 14 days.
(3) In the event of a tie, the nominees shall be decided by drawing lots. The members of the conciliation board may not belong to any body – with the exception of the general assembly – whose activities are the subject of the dispute.
(4) The conciliation board according to paragraph 1 shall make its decision by simple majority vote after having heard both sides in the presence of all its members. It decides to the best of its knowledge and belief. Its decisions are final within the Association.
§ 16: Voluntary dissolution of the Association
(1) The voluntary dissolution of the Association can only be decided at a General Assembly and only with a two-thirds majority of the valid votes cast.
(2) The General Assembly shall decide on the liquidation of the Association, provided that the assets of the Association are available. In particular, it shall appoint a liquidator and decide to whom the liquidator shall transfer the assets of the Association remaining after the liabilities have been covered in accordance with §17.
(3) The last Executive Committee of the Association shall notify the competent Association authority in writing of the voluntary dissolution within four weeks of the resolution.
§ 17: Use of the Association’s assets in the event of the withdrawal of members, the dissolution of the Association or the cessation of the beneficiary purpose
In the event of the dissolution of the Association, or in the event of the cessation of the previous beneficiary purpose of the Association, the following shall apply
the assets of the Association remaining after the liabilities have been covered, for charitable, benevolent
charitable purposes within the meaning of §§ 34 ff of the Federal Fiscal Code (BAO).
As far as possible and permissible, it shall be allocated to institutions which pursue the same or similar
similar purposes as this association.