IDEA

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Award 2009


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PLEASE SCROLL DOWN AND READ ALL OF THE FOLLOWING TERMS AND CONDITIONS OF THE ARTICLES OF ASSOCIATION CAREFULLY. IF YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS, CHECK THE BOX AT THE BOTTOM OF THE AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS, YOU CANNOT BE A MEMBER OF THE INTERNATIONAL DESIGN ACADEMY . IDEA ARTICLES OF ASSOCIATION TERMS AND CONDITIONS:

Articles of responsible association § 1 Name, registered office, financial year (1) The association bears the name 'IDEA - International Design Academy'; to which will be added 'e.V.' (e.V.: = registered association) after the intended registration into the register of associations. (2) The seat of the association is in Hamburg/Berlin. (3) Financial year is the calendar year. § 2 Purpose of the association (1) The purpose of the association is: . the realization of international Design-, Fashion- & Media Projects . Conferment of the 'IDEA - International Design Academy Award' within the scope of the IDEA . In Style (Fashion Week). . the international promotion of Design Arts in the field of Fashion- and Lifestyle, as well as the promotion of talented students concerning participation in international Master Study Courses in the fields Fashion & Design. (2) The association is selflessly active; it does not pursue primarily its own economic purposes. The ideal purpose of the promotion of the design arts in the world of fashion and lifestyle prevails over the profitable activities aimed to support the purposes of the association. The means of the association may be used for statutory purposes only. (3) Members of the association do not receive money from the funds of the association by merely being members. No persons may be favored neither by payments alien to the purpose of the association nor by disproportionately high reimbursements. Members entrusted with an honorary office can claim for reimbursement of the actually effectuated expenditures only. § 3 Activity of the association (1) The association is in charge of / responsible for the International Design, Fashion and Media Project 'IDEA - International Design Academy Award' by (means of) . the controlling body of the complete project . making contacts which are significant for the acceptance, performance and conferment of the awards . selection of categories . nomination of the jurors . awarding of the fashion prices . etc. (2) The association is promoter of international Master Study Courses The promotion includes: . co-operation with international universities and private academies and technical schools . assistance concerning the selection of lecturers . assistance concerning the selection of students . assistance concerning determination of teaching matters . awarding of scholarships . co-operation with international organizations in the field of Design & Fashion . co-operation with the international Clothing- Textile- and Fibre Industry . co-operation with international professional magazines in the field of Design & Fashion . co-operation with international print media in the field of Design & Fashion (3) The association is entitled to Incorporate branch offices. § 4 Membership (1) Natural persons, associations of individuals and legal entities willing to promote the work of the association can become a member. Members of the association are: . full members, . members ex officio, . honorary members. (2) The application for admission to the association has to be addressed in written form to the executive board, who decide/s on the application. The accession will become effective by means of delivery of a declaration of acceptance in writing. The rejection of an application by the executive board is non-contestable (OR: final). (3) Members of the executive board become members of the association by acceptance of the office for the duration of their executive board membership. They are officially members (members ex officio). (4) Honorary members can be voted by the general meeting on suggestion of the executive board or the board of trustees, as far as the concerned persons agree to the acquisition of the membership. (5) In case they are prevented or on someone's disposition members are entitled to have themselves represented by authorized members of the association. § 5 Membership fees (1) The association raises membership fees. The amount of the membership fees is established by means of a contribution order, which will be determined by the general meeting. (2) Members ex officio and honorary members are exempt from the payment of contribution. § 6 Termination of membership (1) The membership expires by demise, for associations of individuals by dissolving and concerning legal entities by loss of the legal capacity. Furthermore it expires by means of withdrawal or by means of exclusion of a member. (2) The members are entitled to withdrawal ex the association. Withdrawal must be declared by a registered mail to the executive board. This is subject to a term of three months as per the end of a calendar year only. Concerning compliance of the term of notice a timely notification of the notice of resignation to a member of the association is necessary. (3) The executive board can decide on the exclusion of a member on the basis of an important reason. Exclusion reasons are primarily : . Behavior that might damage the association. Opportunity of stating his position must be granted to the member in good time. The excluded one can send an objection to the executive board within a month after reception of the exclusion notification. The board of trustees decides on the objection. (4) Furthermore a member is withdrawn from the association by means of cancellation of the membership, in case that the member is two years in arrears with the annual subscription, i.e.: despite of written reminder by the executive board, deadlines and reference to the consequences of delayed payment and in case that this amount will not have been fully paid within 3 months after dispatch of reminder. The reminder has to be addressed to the last address of the member which is known to the association. In the reminder it has to be referred to the forthcoming cancellation of the membership. The reminder is also effective if and when the letter will be returned as undeliverable. Cancellation of membership is done by means of decision by the executive board, which will not be communicated to the member concerned. (5) After the ending of the membership a member shall not be entitled for any financial claims from his/her membership against the association or the association funds. § 7 Means of the association The association gains the means for the execution of its tasks through a) membership fees, b) other donations and income § 8 Authorities (bodies) of the association Authorities (bodies) of the association are a) the general meeting b) the executive board c) the board of trustees § 9 Tasks of the general meeting (1) Save from other responsibilities fixed in these rules the general meeting has the following tasks in particular I. Electing a. the executive board of the association b. the members of the board of trustees c. the honorary members II. Decides on a. the amount of the membership fee b. the annual statement of account presented by the executive board and the exoneration of the executive board c. the exoneration of the board of trustees d. amendments to articles of association e. the liquidation of the association (2) Receiving the annual report of the executive board. (3) Appointing of the auditor. The auditors must not be part of the executive board or the board of trustees. § 10 Summoning and decisions of the general meeting (1) A regular general meeting is held at least once a year. It is summoned by the chairman of the executive board, summoned and led in the case of his unavailability by a substitute member of the executive board. (2) An extraordinary general meeting has to be called if the executive board, the board of trustees or a third of the members require a convention in writing under detail of the reasons. (3) The invitation for the general meeting is effected three weeks before the session, indicating the place, time, and agenda, comporting the necessary documents for the discussion. The period of time begins as per date of dispatch of the invitation to the last known address of the member/s. The executive board determines the agenda. Additions to the agenda must be with the executive board at least 7 working days before the appointed meeting. They have to be announced to the members immediately. (4) The general meeting has a quorum if and when at least one fourth of the members is present. If and when a general meeting has no quorum because it lacks of sufficing participation, the chairman of the executive board can immediately summon a new meeting, reducing the period of time necessary for the invitation to one week. This new general meeting is authorized to decide regardless of the number of members present. This fact should be indicated in the text of the invitation for the general meeting. (5) A member can let himself be represented in the general meeting by another member by written authorization. Yet a member cannot hold more than three votes. Associations of individuals and legal entities name a person by written authorisation to effect their rights and duties in the association. This person does not need to be a member of the association. (6) On request votes and elections are to be held as secret ballots. (7) Votes and elections are decided by the majority of votes present or represented in the assembly, if there is no other regulation in the statutes. The chairman of the executive board decides at tie. Concerning equality of votes the vote of the chairman of the executive board shall decide. (8) Voting someone out of office is possible because of important reasons only. The concerned person has to be heard before the decision. (9) The decision making about objects according to § 9, paragraph (1), no. 1 letter a and b; no. 2 letter f is to be voted with a majority of three fourths; and for the decision making concerning the liquidation of the association with a majority of four fifths of the votes present or represented in the assembly. (10) For decision making concerning the liquidation of the association the presence of two thirds of the members of the association is necessary. In case that a general meeting being convoked will not be a quorum concerning decision-making for the liquidation of the association, so a further general meeting has to be convoked before expiration of four weeks since the date of assembly, i.e. with the same agenda and an invitation period of six weeks. The new assembly shall have a quorum irrespective of the number of appeared members of the association. This has to be stated in the invitation letter. (11) Abstentions from voting and votes which have been null and void concerning written voting shall be considered as no-votes for the majorities of the members appeared. (12) The decisions and statements of the general meeting have to be recorded. The record has to be signed by the chairman of the meeting and another member of the executive board. § 11 Executive board (1) The executive board is formed by a. the chairman, b. a vice-chairman, c. another member of the executive board. (2) The general meeting elects the executive board for a five-year period. The executive board stays in office until a new board is voted. Re-election is possible. For a member of the executive board withdrawing before the end of the term a successor can be elected only for the rest of the period of office. (3) The membership in the executive board excludes a membership in the board of trustees of the association. (4) In legal and extrajudicial affairs, the association is represented in common by the chairman and another member of the executive board. The Vice - Chairman only may exercise his representation power in the internal relationship together with another member of the executive board when the chairman is unavailable. (5) The executive board is entitled to appoint a Managing Director as special representative according to § 39 BGB (= German Civil Code) for the management of the current administration. He decides on staffing and the tasks of the branch office. Even a member of the executive board can fill the job (managing board member). (6) The chairman summons the executive board at least six times in the year. The executive board has a quorum if and when at least two thirds of the members are present. § 12 Tasks of the executive board (1) The executive board runs the business of the association and takes care of all other affairs of the association as far as not regulated otherwise in these articles. (2) Tasks of the executive board are particularly a. the creation of the project, development and financial planning b. the anticipatory planning of investments and human resources c. presenting a financial planning and an annual statement of account including the annual report d. Coordinating the current and future fashion projects and promoting synergetic effects between them e. the decision on the use of the subsidies, monetary and material goods donation as well as other incomes. It has to make sure that the means are used only for constitutional purposes f. preparing the decisions of the general meeting and the board of trustees as well as executing them. (3) The executive board may consign other persons for performance of his tasks. As far as persons will have to be employed and respectively works will have to be done on a basis of professional services so he must have these contracts approved by the board of trustees, i.e.: before conclusion - as far as these contracts on a value basis are beyond the limits of his rules of procedure. (4) The executive board reports to the general meeting and the board of trustees at least once a year. (5) The members of the executive board are authorized and on request obliged to take part in all meetings of the authorities of the association as far as personnel issues of the executive board are not addressed/discussed. § 13 Board of trustees (1) The board of trustees consists of personalities from the area of Design & Fashion according to the association purpose, the economy and the public life. It elects the chairman of the board of trustees and his representatives from its members on proposition of the executive board. (2) The general meeting elects the members of the board of trustees. (3) The term of office of the board of trustees is two years. If a trustee withdraws before the end of his office period, his successor can only be elected for the rest of the office period. Re-election is permissible. (4) The board of trustees gives itself rules of procedure. § 14 Tasks of the board of trustees The board of trustees advises and assist the executive board at the execution of its tasks as well as concerning all important affairs of the association. It shall particularly promote the work of the association in the field of Design & Fashion, economy and public funds. § 15 Summoning and decisions of the board of trustees (1) The board of trustees is summoned at least once a year by the chairman by sending an invitation three weeks before the session, indicating the place, time, and agenda, comporting the necessary documents for the discussion. The board of trustees has to be summoned if the executive board of the association or a third of the board of trustees´ members applies for it under detail of the reasons. (2) The board of trustees has a quorum if at least half of its members are present. If a member is unable to participate, then he can transfer his right to vote to another member of the board of trustees. A member may not hold more than three votes. (3) The board of trustees decides with the majority of the represented voices. The decisions and consents of the board of trustees are to be recorded. The record has to be signed by the chairman of the board of trustees and the recording clerk. § 16 Common regulations (1) Elections are decided by the bare majority of votes of the members present in the assembly, if there is no other regulation in the statutes. Members who abstain are to be treated like absent members. Concerning equality of votes the vote of the chairman of the meeting shall decide. (2) The majority of the votes decide elections if there is no other regulation in the statutes If there is no majority for an applicant in the candidacy of several applicants for an office, a final runoff is then carried out between the two candidates with the most votes. The one to whom more votes are allotted is elected. Concerning equality of votes it is decided by drawing lots. § 17 The liquidation of association (1) In the case of the liquidation of the association the still unfinished matters are dealt with by the executive board. (2) At liquidation of the association as well as at cessation of its statutory purpose the association fortune falls to an institution still to be determined, which has to use it directly and exclusively for non-profit purposes that promote the international fashion business. § 18 Editions of the articles, severability clause (1) The executive board is authorized, to make amendments of the articles, which are required in the context of the registration of the association or due to editions of the responsible courts or authorities. It immediately informs the members about the changes carried out. (2) If a regulation of these rules should be or get invalid, then this shall not affect the validity of the other regulations. The members will replace the invalid regulation by a regulation economically equaling her in the result.

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