Understanding Verein: Legal Status in Austria

SSDP INTL Set-Up Legal Background 29 January, 2021 Orsi.feher@ssdp.org

The opening of SSDP International means we put decision making power in the hands of our members. We will better serve the regional needs of our chapters and strengthen the position of young people in the drug policy reform movement . R is n Downes Executive Director of SSDP International

With 34 chapters across Africa, Europe and the Middle East, the International Office in Vienna not only solidifies our organization s international character and presence, but it also places our team at the doorstep of the Vienna International Center, home to the United Nations Office on Drugs and Crime (UNODC) and the meetings of the UN Commission on Narcotic Drugs (CND).

How did we set up the organization? SSDP International is registered with the Austrian Federal Interior Ministry as a Verein (voluntary association in German) named Studierende f r eine sinnvolle Drogenpolitik Weltweit. The shorthand for the new org is SSDPW (German) or SSDP INTL (Eng) It constitutes a legal person and, as per our founding document and an MoU with the US-based org, operates as a quasi daughter organization of SSDP Global (the 501 in the USA).

What is a Verein A registered association or incorporated association, abbreviated e. V. , is a legal status for a registered voluntary association in Austria. While any group may be called a Verein, registration as eingetragener Verein confers many legal benefits, because it gives us the status of a juridical person rather than just a group of individuals. Ein Verein im Sinne dieses Bundesgesetzes ist ein freiwilliger, auf Dauer angelegter, auf Grund von Statuten organisierter Zusammenschluss mindestens zweier Personen zur Verfolgung eines bestimmten, gemeinsamen, ideellen Zwecks. Der Verein genie t Rechtspers nlichkeit ( 2 Abs. 1).

What is a Verein An association within the meaning of the Association Act 2002 is a voluntary, long-term association of at least two natural persons organized on the basis of statutes. A Verein is a legal framework for a group of people to pursue a particular common ideal, purpose. The Verein enjoys legal personality (Section 1 (1) VerG 2002) gemeinn tziger Verein Under the Law on Associations Vereins are not calculated on profit" ( 1Para. 2 VerG 2002) ie Vereins are small-scale federally recognized non-profit orgs.

Founding - Admin The association is established through the agreement of Statutes between the founding members (min 2 natural persons -> R is n & Orsi) A Verein coordinates itself via the Statuten (Bylaws/Statutes). A summary of the Statutes can be found here in English please review! Every change to the Statutes must be approved by the General Assembly The Association must have a phisycal address in Austria. Our address is at IMPACT HUB: SSDP International SSDP International | | Lindengasse 56/18 Lindengasse 56/18- -19 19, , 1070 1070 Vienna | Vienna |

Membership and governance The association consists of different types of membership: Vorstand = Executive Committee = staff (ED and deputy) Board of Directors (BoD) = the steering committee Extraordinary members = Advisory Board Members Anyone who has signed a chapter agreement as the leader of their community (ie represents the organization in their region and are recognized as such by the board) qualifies as a member and can register to vote at the GA.

BoD QUICKFACTS BoD QUICKFACTS The Board of Directors has 5 seats alltogether. Roisin and Orsi have signed for the org as the founding directors and the future international director will be automatically nominated to be sitting on the board and to have a vote with an equal weight as other board members. The personnel decisions for these roles are up to the Executive Director of the US-based organization and the International membership has the right to vote the nominated Director in or veto their appointment. The remaining 3 seats + 1 alternate on the BoD are to be distributed among active members of the international network who are either officially members of an active chapter or have been working as an Ambassador. A board member can become a student who is fully committed to the goals of the association, actively represents them and is fully involved in the association's work. Board members are elected in the General Assembly on the basis of a democratic majority vote of the members. Advisory Board can be nominated by the BoD as someone who promotes the association's activities or supports the association's goals. Advisory Board members have limited voting rights.

General Assembly QUICK FACTS General Assembly QUICK FACTS Main decision making organ Decisions made by simple majority The general assembly has a quorum regardless of the number of people present. All members are to be invited to the ordinary general assembly at least ten days before the date. Proposals for the General Assembly must be submitted to the Executive Board in writing, by email or other communication channels at least three days before the date of the General Assembly. All members are entitled to participate in the general assembly. Only ordinary members are entitled to vote. Each member has one vote. Legal persons are represented by an authorized representative. The transfer of voting rights to another member by means of a written authorization is permitted. The general assembly is chaired by the director.

General Assembly VOTING General Assembly VOTING The general assembly has a quorum regardless of the number of people present. All members are entitled to participate in the general assembly but only ordinary members (=chapter leaders and recognized Ambassadors) are entitled to vote. The voting takes place during the Assembly, under the leadership of the Election Committee. Every chapter has 1 vote that the chapter leader casts on behalf of their community. Every Ambassador has 1 vote. Absentee voting is possible: transfer of voting rights to another member by means of a written authorization or pre-casting when appropriate (currently only possible for BoD elections). Both the absentee and the proxy voter has to inform the Election Committee and confirm the transfer of rights.

General Assembly VOTING General Assembly VOTING We adopt decisions 1. by voting: electronic ballot casting EXAMPLE: Board of Directors. We have 7 people running for office. We have 3 seats open on the BoD. The individuals with the most number of votes casted for them will be declared winners of the election and can take up their roles as Directors of the Board. 2. by consensus: no formal vote is taken & is understood as the absence of objection rather than a particular majority EXAMPLE: The ED (Rois n) puts forward a Mission statement that has been drafted during the Strategy Summit, with the collaboration of members, staff and advisors. The ED asks if there are any objections to adopting the text. If there are no objections, the proposal is adopted. If there are objections, the person who raised the objection shall elaborate on their concerns and a new date for a vote will be decided on the spot. The person who raised the concern shall take actions in addressing their objections and work to find consensus.

insert text to be voted on . Mission Statement SSDP International

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