Statutes of the VDMD

VDMD - Netzwerk für Mode.Textil.Interieur.Accessoire.Design.erinnen e V.

(In accordance with the resolution of the Annual General Meeting of Members of the VDMD 15.12.2018)

1. Name, seat and district

1.1. The association bears the name:

"VDMD . Netzwerk für Mode.Textil.Interieur.Accessoire.Design.erinnen e.V.".

1.2. The association has its seat in Würzburg.

1.3. The financial year of the Association shall be the calendar year.

2. purpose and objectives

The Association operates selflessly and does not primarily pursue its own economic objectives. The purpose of the VDMD is the perception, discussion, qualification and representation of the professional interests of employed, self-employed and trainee fashion, textile, home, interior and accessory designers. In particular, the VDMD has set itself the task of:

- To initiate and promote the critical examination of cultural, social, ecological and economic aspects of fashion, textile, home, interior and accessory design.

- To create guidelines on the professional image, professional qualifications and the practice of the profession. Members are obliged to recognise and comply with these guidelines. By joining the VDMD, members acknowledge the Code of Ethics.

- To promote the fundamentals of dependent and independent professional practice by protecting the professional title, fair commercial competition and creative competition.

- To represent and enhance the interests of the profession at home and abroad with industry, trade, authorities, associations, media, design institutions and political representatives.

By signing the declaration of membership, the members of the association confirm their consent to the collection and recording of their personal data in order to fulfil the tasks of the association.

This data may not be passed on to third parties unless the member expressly consents to this in writing or the third party is an office holder of the association.

Since no more than 9 persons in the Association work permanently with the personal data of the members, it is not necessary to appoint a separate data protection officer in the VDMD.

3. Membership

Membership shall be divided into:

- Full Members

- Partner Members

All members have equal rights and obligations, unless otherwise provided for in these Statutes.

3.1. Full members

Full membership is open to any natural person who has a professional connection with fashion, textile, home, interior and accessories design and:

- has completed training at a recognised training institution in the above-mentioned fields and provides written proof of this, or

- has not completed training at one of the above-mentioned training institutions, but can prove at least three years of professional experience in one or more of the above-mentioned training institutions. In this case, the VDMD Presidium shall decide on admission.

Full members are:

- Full students and pupils

- Start-ups and newcomers to the profession in the first year

- Designers with two or more years of professional experience

1. Right to vote for full students and pupils

- Persons who are learning the profession of fashion, textile, home, interior and accessories designer at a recognised training institution. The proof of training institutions is valid for the entire business year.

- Full students and pupils have active voting rights only.

2. Elective right for start-ups and young professionals

- The status of a start-up or young professional is valid for one year.

- Start-ups and young professionals have active and passive voting rights.

3. Elective right for Full members

-Every full member has active voting rights

-Full members have passive voting rights with the exception of full students and pupils.

3.2. Partner members

Any natural person who has a professional connection with fashion, textile, home, interior and accessories design can become a Partner Member.

Partner Members are:

- Associate Members

- Design Promotion Members

- Co-operating Members

- Honorary Members

- Design Ambassadors

- Awarded by the VDMD

- Presidium Councils

- Competence Partner

1. Associated members

Persons who work as sole traders, freelancers or micro-entrepreneurs and provide services for designers.

- The decision on admission is made by the VDMD Presidium.

- Associate members only have active voting rights.

2. Design-Promotion-Members

Design Promotion members can be any natural person, legal entity or private or public corporation that promotes and financially supports the aims and purposes of the association.

- Design Promotion members only have active voting rights.

3. Cooperating members

Every fashion and textile school, every association/club with an affinity for fashion and textiles and every design platform with an affinity for fashion and textiles can become a cooperating member.

- Cooperating members have neither active nor passive voting rights.

4. Honorary members

By simple majority decision of the Presidium, personalities who have rendered outstanding services to designers, design and the design professions may be appointed honorary members. Honorary members are not obliged to pay membership fees and have neither active nor passive voting rights.

- Honorary memberships are generally for life.

5. Design.Ambassadors

Personalities who have rendered outstanding services to designers, design and the design professions may be appointed Design Ambassadors by simple majority vote of the Presidium.

Design Ambassadors are obliged to pay membership fees if they are members of the VDMD and then have active and passive voting rights.

They are obliged to represent the Association at public events and in politics, at least twice a year.

6. awarded by the VDMD

By simple majority decision of the Presidium, personalities who represent design in a special way can be honoured by the VDMD.

The honourees have, as far as they are full members, the obligation to contribute and the right to vote and stand for election.

The honourees, if they are not members of the Association, have neither the obligation to contribute nor the right to vote and stand for election.

7. presidium councillors

By simple majority decision of the Presidium, personalities who represent design in a special way can be appointed by the VDMD to the Presidium Council (see point 10).

Appointees have neither a duty to contribute nor active and passive voting rights.

8. competence partners

In future, there will no longer be regional boards, but instead competence partners (see point 9.)

4. Acquisition and termination of membership

1. The prerequisite for acquiring membership is a written application for membership, which must be addressed to the office.

In the case of limited legal capacity, the application must also be signed by the legal representative. The latter thus undertakes to pay the membership fees for the person with limited legal capacity.

2. The Presidium decides on the application for membership according to the admission criteria of the VDMD. If the application is rejected, the Executive Committee is not obliged to inform the applicant of the reasons.

3. Membership can only be terminated by registered letter at the end of the calendar year with a notice period of six months. A member loses his right to stand as a candidate when he gives notice of termination. With the statement of membership termination, the member immediately loses the right to all voluntary services that are listed in the rules of procedure.

4. If a member is more than 3 months in arrears with the payment of membership fees, the membership rights are suspended. The membership obligations, in particular the payment of contributions, remain unaffected. In the event of a delay in payment of more than 12 months, the Executive Committee decides whether the member who is in default should remain in the association. The member must be informed of this in the reminder. Here, too, the obligation to pay remains unaffected.

5. A member can be excluded in the case of gross violations of the purposes, goals, guidelines and statutes of the VDMD or due to a special interest situation. The exclusion occurs at the request of a member of the Executive Committee. The executive committee decides by majority on the exclusion.

6. All membership rights vis-à-vis the VDMD cease to exist upon notification of the termination of membership, its cancellation or receipt of notification of exclusion. VDMD emblems, badges, lists, e-mail addresses, mailing lists and awards may no longer be displayed or used and must be returned or destroyed upon termination of membership. This includes all VDMD products for which the association owns a copyright.

In the event of infringement, e.g. use of member/address lists, the VDMD reserves the right to take legal action.

5. membership fees

The VDMD collects contributions in accordance with a contribution regulation to be decided by the general assembly.

6. Organs of the VDMD

The organs of the VDMD are:

1. The General Assembly as the supreme body

2. The Executive Committee, consisting of a President, two deputies and a treasurer:

- President

- 1st deputy, called Vice President

- 2nd deputy, called Vice President

- Treasurer

The members of the bodies carry out their activities on a voluntary basis.

7. General Assembly

1. The ordinary general meeting shall take place at least once a year. It shall regulate the affairs of the Association. The General Assembly shall constitute a quorum regardless of the number of members present and entitled to vote. In addition, extraordinary General Meetings shall be convened if the Presidium deems this necessary in the interest of the Association or if 1/5 of the Association's members request this in writing to the Presidium.

2. The Presidium shall issue invitations in writing with at least two weeks' notice, stating the agenda. E-mails and faxes shall be considered as written invitations. In the case of an extraordinary general meeting, the period of notice may be reasonably shortened in particularly urgent cases.

3. The General Assembly shall decide on all matters of the VDMD insofar as they are not to be dealt with by other organs of the VDMD. It is responsible in particular for:

- Acceptance of the reports of the Presidium and Management

- Approval of the budget drawn up by the Presidium and the Management for the next financial year.

- Determination of the scale of fees

- the discharge of the Presidium

- passing resolutions on amendments to the Statutes and dissolution of the Association

- Election and dismissal of the members of the Presidium and the auditors

4. The General Assembly shall be chaired by the President or, if he/she is unable to do so, by the Vice-President.

The Presidium may delegate the chairmanship of the General Assembly to the incumbent Executive Director.

5. The General Assembly shall elect an Election Committee for the duration of the election of the Executive Committee. Elections to the Executive Committee and the Auditors shall be by secret ballot in writing or by show of hands if all members present and entitled to vote agree. Transfer of voting rights and postal votes are not permitted. The members of the Presidium shall be elected individually.

First the President, then the two deputies, called Vice-Presidents, then the Treasurer and finally the two Auditors.

The person who receives the simple majority of the valid votes cast shall be elected.

6. Resolutions of the General Assembly shall be passed by a simple majority of the valid votes cast. Abstentions shall not be counted. In the event of a tie, the President shall have 2 votes.

7. A majority of 2/3 of the members present and entitled to vote is required for amendments to the Statutes and/or the purpose of the Association. The vote shall be open.

8. Minutes shall be taken of the proceedings of the general meeting and shall be signed by the chairman of the meeting and the keeper of the minutes.

8. Presidium

The Presidium is the representative of the VDMD according to § 26 BGB. The President has sole power of representation. The Vice-Presidents and the Treasurer are only authorised to represent the Association together with the President. In the event of the President being prevented from attending, the Association shall be represented by another member of the Presidium or by the Executive Director after consultation with the President.

1. The Presidium shall be elected by the General Assembly for a period of three years. Only Full and Honorary Members, as well as Design Ambassadors and Distinguished Members, are eligible for election, provided they are members of the VDMD, with the exception of students and pupils. More than one office may not be transferred to one person.

The members of the Presidium shall remain in office after the expiry of their term of office until a new election is held. Retiring Presidium members are obliged to continue in office until the proper handover to their successor. The handover shall take place within a maximum period of four weeks.

2. If a member of the Presidium resigns prematurely, the Presidium shall elect a provisional Presidium member.

3. The Presidium shall be responsible for all matters of the Association unless they are assigned by the Statutes to other organs of the Association or to the Executive Board.

The Rules of Procedure shall regulate this.

4. The Executive Committee shall pass resolutions by simple majority. In the event of a tie, the Chairman or the member of the Executive Committee presiding over the meeting shall have the casting vote.

5. Minutes shall be taken of the meeting of the Executive Committee and shall be signed by the Chairperson and the Secretary.

9. Competence-Partners of the VDMD

1. Competence Partners are members or persons who are willing to pass on their knowledge and know-how to other members of the Association, as well as to external parties, the press and the media, in the form of lectures, seminars and as contact persons for enquiries.

2. members can apply for a position as Competence Partner, naming their core expertise.

The Presidium of the Association decides on acceptance as a Competence Partner.

3. In principle, enquiries are received and forwarded via the office.

10. Presidium Council

1. members of the Presidium Council may be persons who contribute expertise, support the Association in its objectives and purposes in a sustainable manner.

2. The Presidium shall appoint these persons to the Council and decide on their admission.

11. Management

1. The Presidium shall appoint a Managing Director. The Managing Director shall be given a contract of employment.

He/she shall be responsible for the proper management of the VDMD. The Managing Director is the representative of the VDMD (§30 BGB), i.e. his/her power of representation extends to all legal transactions which are usually associated with the business area assigned to him/her.

2. The appointment of the Executive Director shall be made by the Presidium.

Members of the Presidium and auditors cannot be appointed as Managing Director.

3. The Executive Director shall be invited to all Presidium meetings and General Assemblies.

4. The Managing Director shall be responsible for the organisation of the VDMD. The Managing Director shall, as a matter of principle, act in consultation with the Presidium.

12. cash audit

The accounts of the Association shall be audited annually by two auditors, each elected for a term of three years. Their report shall be submitted to the General Assembly. On this basis, the General Assembly shall decide on the discharge of the Presidium for the respective financial year.

13. Dissolution of the Association

The dissolution of the VDMD can only be decided at a General Meeting convened for this purpose and only with a 2/3 majority of the voting members present.

In the event of dissolution of the VDMD, the Association's assets shall be allocated to a non-profit institution associated with the objectives of the VDMD.

14. Severability clause

Should individual provisions of this contract be or become invalid or should the contract contain a loophole, this shall not affect the legal validity of the remaining provisions. In place of the invalid provisions, a valid provision shall be deemed to have been agreed which comes as close as possible to the economic intentions of the parties; the same shall apply in the event of a loophole.