§ 1 Name, Seat
The association bears the name
“Verein zur Förderung der Technologiebewertung im Gesundheitswesen (Health Technology Assessment) e.V.”
The seat of the association is Berlin. The association is to be entered in the Charlottenburg register of associations.
§ 2 Purpose of the association
The purpose of the association is to promote health care by increasing and exchanging knowledge about the direct and indirect effects of the application of medical procedures and technologies in health care (technology assessment).
§ 3 Measures to fulfill the purpose of the association
The following measures in particular shall serve to fulfill the functions mentioned in § 2:
- Further development of scientific methods which serve to evaluate medical procedures and technologies,
- Promotion of scientific research in the field of technology assessment,
- Organization of scientific conferences,
- Advising decision-makers in the health care sector on the practical implementation of insights from the assessment of procedures and technologies,
- Promotion of training and further education of qualified young people in the methods of technology assessment,
- Dissemination of research results at home and abroad.
§ 4 Non-profit status according to § 51 to § 68 AO
The association pursues exclusively and directly charitable purposes within the definition of the section “tax-privileged purposes” of the German Fiscal Code.
The association is non-profit making; it does not pursue any commercial purposes of its own.
Funds of the association may only be used for purposes in accordance with the statute. The members do not receive any monetary benefits from the association’s funds.
No person may be favored by expenses that are unrelated to the purpose of the association or by disproportionately high compensation for expenses.
The association fulfils its tasks mainly from the membership fees of the association. It may, to the extent necessary and to the extent that it serves the sustainable fulfilment of its purpose, form reserves and establish companies or participate in such companies.
§ 5 Members
The association consists of ordinary members, supporting members, honorary members and corresponding members.
§ 5.1 Ordinary members
Any natural or legal person who wishes to contribute to the realisation of the objectives of the Association may apply for ordinary membership. Ordinary membership can be applied for by submitting an application to the executive committee. The executive board decides on applications for admission. At the beginning of the business year, ordinary members have to pay a membership fee, which is determined by the general assembly. Members of the association are only liable with their membership fee. Only ordinary members have active and passive voting rights.
§ 5.2 Supporting members
Any natural or legal person who wants to financially support the purposes of the association can become a supporting member.
Sponsoring membership is acquired by an application for admission to the executive board and a corresponding resolution of the board.
Supporting members pay an annual fee, which is determined by the supporting member themselves in consultation with the executive board. The contribution is due immediately for the first time, then on 31st January of each year.
§ 5.3 Honorary members
Honorary members are appointed by the general assembly on the proposal of the board by a simple majority vote. Honorary membership shall be awarded to persons who have contributed in a special way to the goals of the association. Honorary members do not pay any fees.
§ 5.4 Corresponding members
Corresponding members may be appointed by resolution of the executive board and are persons of national and international merit who have earned special recognition for their contribution to health technology assessment.
§ 5.5 End of membership
The membership ends with the member’s death, by cancellation or by exclusion.
If a member cancels their membership, the membership ends at the end of the business year. The rights and obligations of the member remain in force until this time. Notice of cancellation must be given three months before the end of the financial year and must be submitted in written form to the executive board of the Association.
In the event of a member acting in a manner that is damaging to the Association, the executive board may give extraordinary notice of termination, which must be confirmed at the next general assembly by a simple majority of the members. Until this time the rights and duties of the member are suspended.
When a membership ends, the association fee for the current business year is to be paid.
§ 6 Bodies of the association
The bodies of the association are:
- the General Assembly
- the executive board according to § 26 BGB
- the extended executive board
§ 6.1 General Assembly
All members have the right to participate in the general assembly. The members have one vote each. The right to vote is not transferable to other members.
The general assembly shall be convened and chaired by the executive board at least once a year, giving at least 8 weeks’ notice. In addition to time and place, the invitation should include the agenda and, if resolutions are to be passed, resolution documents. At the latest 4 weeks before the general assembly, the agenda and resolution documents must be available to the members. Amendments to the agenda must be submitted to the executive board before the start of the general assembly. The general assembly decides on the inclusion in the agenda before the entry into the agenda.
At the request of one third of the ordinary members of the Association, the executive board must convene an extraordinary general assembly. The request is to be addressed – together with an invitation, the agenda, and resolution documents by the initiating members of the association – to the executive board. The request must be accompanied by a list of the members taking the initiative, countersigned by each member.
The general assembly is responsible for all fundamental matters of the association, in particular:
- the appointment of honorary members according to § 5.3,
- the appointment of corresponding members according to § 5.4,
- the exclusion of members according to § 5.5,
- the election and voting out of office of the executive board according to § 6.2,
- the election and voting out of office of the extended executive board according to § 6.3,
- the adoption of the respective annual financial statements and the discharge of the executive board,
- the determination of the contribution amount and contribution structure,
- expense allowances for members working for the association,
- the appointment of the cash auditor(s) according to § 8,
- the amendment of the statute according to § 10 and
- the dissolution of the association according to § 11.
Every properly convened general assembly has a quorum.
At a general assembly, minutes of resolutions must be taken, which must be signed by the minute taker and the chairman of the meeting. The minutes shall be made available to the members by the executive board.
§ 6.2 Executive board according to § 26 BGB (executive board)
The executive board according to § 26 BGB (executive board) of the association consists of the chairman, the deputy chairman and the treasurer. The executive board is elected by the general assembly for two years. A repeated election of the executive board is possible.
If the executive board resigns before the end of their term of office, the next general assembly shall elect a new executive board. Their term of office ends on the date valid for the retired executive board.
The executive board manages the business of the association in compliance with the resolutions of the general assembly and represents the association in and out of court. The members of the executive board are authorized to represent the association on their own. Minutes are to be taken of the decisions of the executive board.
The executive board prepares the meetings of the bodies. It decides in all matters of the association, as far as they do not fall within the competence of the organs according to § 6.1 or 6.3.
The executive board prepares an annual report each year. The annual report must be explained at the general assembly and approved by the general assembly.
The executive board must be discharged at the end of each business year.
§ 6.3 Extended board
The extended board consists of the executive board and four members.
The extended board is convened twice a year by the executive board with four weeks’ notice, stating the conference rules. Minutes are to be taken of the meetings of the extended board.
§ 7 Business Year, Reporting Year, Financial Year
The business year, reporting year and accounting year is the calendar year.
§ 8 Cash auditor
The association has to book its income and expenditure on an ongoing basis. At the end of each financial year, an audit report is prepared by suitable auditors. The auditors check the proper use of the funds and explain their report to the general assembly.
§ 9 Entry into force of the statute
This statute was adopted by the founding meeting on 07/07/2000 and confirmed by the signatures of the founding members. The statute was accepted in the modified version by the general assembly on 11/09/2000.
§ 10 Amendment of the statute
Amendments to the statute must be submitted in writing to the ordinary members with the invitation to the general assembly. A written vote on the amendment to the statute is possible, provided that all members are included in the amendment to the statute. The ballot papers must be available to the chairman of the meeting in a sealed envelope at the time of counting. They may only be opened during the count.
§ 11 Dissolution of the association
In the event of dissolution or annulment of the association or if the purpose of the association stated in § 2 ceases to apply, the assets of the association shall pass to a tax-privileged corporation or a legal person under public law, which shall use them exclusively and directly for the promotion of public health care. Resolutions of the general assembly on the use of the assets are only to be passed after the approval of the tax office has been obtained.