of the Gesellschaft zur Förderung der Qualitätssicherung in medizinischen Laboratorien e.V. (previously test center for hemoglobinometer)
| § 1 | Name and domicile of the association |
| | The association is registered under the name
Gesellschaft zur Förderung der Qualitätssicherung in medizinischen Laboratorien e.V. (vormals Hämometerprüfstelle)
, short INSTAND e.V..
The association is based in Freiburg im Breisgau and is registered in the register of associations. The association can be administrated from a different location. |
| § 2 | Purpose of the association |
| 2.1 | INSTAND e.V. is a scientific medical specialist company and a member in the consortium of scientific medical compartment companies (AWMF). |
| 2.2 | It is the task of the association to promote the standardization in the field of Laboratory Medicine for the collective good. The standardization of medical descriptions, methods, and interpretations should enable physicians and scientists an efficient communication, in order to improve on behalf of the patients the precaution, the early detection and the diagnostics of diseases, as well as the therapy supervision, aftercare and rehabilitation in medical science, and enable them to compare the results of scientific works. |
| 2.3 | The realization of the purpose of the association should be achieved through one’s own research, especially through laboratory comparison studies, coordination and the promotion of research works, events from scientific symposia, the elaboration of standardizing suggestions, distribution of publication of results on the upcoming area, testing of diagnostic methods which were used in medical laboratories and the development of concepts for advanced training measures and their implementation. |
| 2.4 | As a part of regular welfare work, the association conducts laboratory comparisons also in the framework of legal requirements (federal medical association e. a.), in order to improve the reliability of laboratory medical examinations. |
| § 3 | Benefit to the public |
| 3.1 | The association follows exclusively and intuitive non-profit intentions in terms of the paragraph “tax-deductible intensions” of the Tax Code. |
| 3.2 | The association is selflessly active and primarily does not pursue self-economic interests. |
| 3.3 | Members do not receive any benefits from the funds of the association. In case of members’ withdrawal or cancellation of the association one cannot demand to get reimbursed for amounts already paid or the asset of the association. |
| 3.4 | No person is allowed to be favoured, either through expenses which are unknown to the purpose of the association or through unproportionally high payments. |
| 3.5 | The funds of the association can be only used for statutory purposes. |
| 3.6 | The agencies of associations are directed complimentary. |
| § 4 | Membership |
| 4.1 | The association has full, corporate, extremely promoting, correspondent, and honorary members. Members can be individuals or judicial persons. |
| 4.2 | Physicians and scientists interested in Laboratory Medicine can become full members. |
| 4.3 | Compartment companies and scientific institutions can become corporate members. |
| 4.4 | Employees of the association can become extraordinary members. |
| 4.5 | Individual or judicial persons, who are interested in the implementation of the purpose of the association and/or deal with the production or the marketing of devices and consumer goods in medical laboratories can become promoting members. |
| 4.6 | Persons who engage in tasks which correspond with the purpose of the association or resemble it can become correspondent members. |
| 4.7 | Individual persons who acquired specific earnings around the implementation of the purpose of the association within and outside of the association can become honorary members. The award of the honorary membership is reserved to the general meeting. |
| § 5 | Contributions - Fiscal year |
| | The full members and the promoting members are in bound to pay a membership fee. The membership fee will be determined by the general meeting. The fiscal year is the calendar year. |
| §6 | Organs of the association |
| 6.1 | 1: The general meeting; |
| 6.2 | 2: the executive board that consists of the chairman, 2 representatives, the secretary and the treasurer as well as 4 other members. The executive board will be elected by the general meeting for 4 years. Re-election is possible; |
| 6.3 | 3: the departments. |
| § 7 | General meeting |
| 7.1 | The general meeting has to be called at least once a year. It decides about the issues of the association, which are not formally designed to the executive board or have to be referred to as “commercial operations of the running administration”. In particular, it is responsible for the acceptance of the annual report, the balance, the choice of 2 auditors, the establishment and cancellation of departments as well as the relief and re-election of the executive board.
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| 7.2 | The executive board arranges the agenda for the general meeting and appoints it through a special written invitation under the notification of the agenda with the ensuring of an invitation time limit of 4 weeks. Applications for the amendment to the agenda have to be made at the management not later than 14 days prior to the general meeting. If this application will be filed by at least 10 members with voting power, the agenda has to be extended according to the proposal. The expansion of the agenda has to be disclosed immediately to the members. |
| 7.3 | In the general meeting it is the honorary members, the full members, the corporate and promoting members who are entitled to vote. The voting right of the promoting members confines itself to the ballot over
a) Acceptance of annual account
b) Relief of the management
c) Changes of clauses
d) Cancellation of the association. |
| 7.4 | At resolution, the majority of the present members who are entitled to vote will make decisions; in a tie the chairman's vote will decide. The voting right may not be transferred. The general meeting decides on the type of voting. During the election of the members of the executive board, a written ballot through ballot papers is necessary. |
| 7.5 | In order to determine a change of the clause or the cancellation of the association, a majority of three quarters of the present and members entitled to vote is necessary. |
| 7.6 | Minutes are kept over the decisions, and the protocol will be signed by 2 members of the management. |
| 7.7 | The general meeting may confer honours. |
| § 8 | Rights and duties of the executive board |
| 8.1 | The executive board is responsible for the management, the accomplishment of decisions made by the association and the administration of the assets, under the exclusive orientation of the purpose of the association. The executive board executes its decisions with a majority of votes. In case of a tie the chairman's vote will decide. The chairman or one of his representatives appoints and conducts the general meeting. In order to complete the statutory duties and responsibilities he is responsible for, the executive board is allowed to build working parties. |
| 8.2 | The chairman and both of his representatives are judicial and extrajudicial agents of the association accordant to § 26 BGB. Everyone is individually authorized to represent. |
| 8.3 | Liability of the board members is limited to deliberate act and culpable negligence, according to the regulations of the law of federal executives (§78 BBG). |
| 8.4 | Minutes are kept over every board meeting. |
| 8.5 | The executive board is in bound to annually submit the progress report and the annual accounts on a general meeting. The annual accounts have to be reviewed by an auditor. |
| 8.6 | The executive board is in bound to prepare an annual budgetary accounting and present it at the general meeting. |
| § 9 | Departments |
| | The association keeps independent departments which are directed by supervisors. The supervisors will be appointed by the executive board and will give account to the executive board and the general meeting. |
| § 10 | Cancellation of the association |
| | In the case of cancellation of the association, its assets pass over to a similar scientific institution or to a public legal corporate body with equal directions of objectives, which has to use the association immediately for tax privileged intentions. Appropriate decisions can be made and conducted only after the consent of the responsible tax and revenue office. |
| § 11 | Terms and conditions |
| | The association gives itself terms and conditions which will be determined by the general meeting. |
