(as of 24.11.2017)
§ 1. name, seat and activity
- The association has the name "Österreichische Fachhochschul-Konferenz" (FHK).
- The Association shall have its seat in Vienna.
- The association extends its activities to the entire federal territory.
- The establishment of branch associations is not excluded.
- The association exclusively pursues non-profit purposes in the sense of the Federal Tax Code.
- The financial participation and involvement in the management of undertakings related to the purpose of the Association shall be permissible.
§ 2. purpose
- The association is not aimed at making a profit.
- Its purpose is to promote education, science and research in general and to promote science, research and teaching at universities of applied sciences in Austria in particular.
§ 3. means to achieve the purpose of the Association
- The purpose of the Association shall be achieved by the non-material and material means set out in clauses 2 and 3 below.
- The association represents concerns at home and abroad that affect the education system and the Austrian FH system as a whole. It serves the exchange of experience and ensures the protection of the common interests of the maintainers of Austrian Fachhochschule degree programmes and the Fachhochschule degree programmes. It also coordinates and carries out joint projects to strengthen education, science and research as well as the FH sector in Austria. The idealistic means of the association are meetings, events and workshops for the exchange of experience, lectures, exhibitions and the publication of its own publications and yearbooks, as well as advertisements in relevant external publications.
- The material resources of the Association shall be raised primarily through membership fees, as well as through the provision of monetary and in-kind services by Association members for special activities of the Association or the office. Supplementary funds are donations, collections, legacies and other contributions, public and private subsidies, income from asset management (e.g. interest, other capital income, income from renting and leasing), income from association events, sponsorship money and advertising income.
- The funds of the Association may only be used for purposes provided for in the Articles of Association.
- In their capacity as members, the members may not receive any shares in profits and/or other benefits. The same shall apply in the event of the dissolution of the Association and in the event of the resignation of one of the members.
§ 4. members
- The members of the Association are divided into ordinary members and honorary members.
- Full members can be the course-providing bodies of the Austrian Fachhochschule degree programmes (legal entities). Full members may also be the heads of the study programmes of the Fachhochschule study programmes operated in Austria according to the Fachhochschul-Studiengesetz, as well as the heads of the Fachhochschulkollegien established according to the Fachhochschul-Studiengesetz (natural persons). Honorary members are natural persons or legal entities appointed for special services to the Association or the FH sector.
- Natural or legal persons who support the purposes of the Association through contributions may be admitted as supporting members.
- Each member that is a legal person shall be represented by a natural person who is authorised to represent the member in question on a case-by-case basis by law, the memorandum or articles of association or by proxy.
§ 5. acquisition of membership
- The Executive Committee shall decide on the admission of full members upon written application to the President or to the Secretariat. This decision may also be taken in writing (circular resolution).
- Membership may also be refused without giving reasons.
- The decision on the admission of honorary members shall lie with the General Assembly and shall be made on the proposal of the Presidium.
§ 6. termination of membership
- Membership expires upon death, loss of legal personality, expulsion or voluntary resignation. In the case of natural persons, it shall also expire automatically upon termination of the function as head of a degree programme or head of a FH Supervisory Council; in the case of legal entities, it shall expire upon termination of the business as provider of Austrian FH degree programmes.
- Resignation may only be effected at the end of the year, whereby the notice of resignation must be received by the President or the office by registered mail at least six months before the deadline, i.e. by 1 July. Prior to resignation, all outstanding payments attributable to the member shall be adjusted.
- The exclusion can only be decided by the General Assembly. Reasons for exclusion are:
- Non-payment -after three reminders- of membership fees or other costs decided by the General Assembly;
- Gross violation of the duties as a member.
- The withdrawal of honorary membership can only be decided by the General Assembly for the reason mentioned in paragraph 3.b, upon motion of the Presidium.
§ 7. rights and duties of the members
- Members or their representatives shall be entitled to participate in all events of the Association with the exception of meetings of governing bodies. Only ordinary members and honorary members shall have the right to sit and vote in the General Assembly in accordance with the provisions of § 9.
- Members are obliged to promote the interests of the Association to the best of their ability and to refrain from doing anything that could damage the reputation and purpose of the Association. They shall observe the statutes of the Association and the resolutions of the organs of the Association. Full members are obliged to pay the membership fees on time and to bear the costs in the amount decided by the General Assembly. Honorary members are exempt from paying membership fees and additional costs.
- The exercise of board functions as well as the other cooperation of the members shall be exclusively on an honorary basis.
§ 8. organs of the association
- The organs of the Association are the General Assembly, the Board, the Presidium, the Auditors and the Court of Arbitration.
§ 9 General Assembly
- Ordinary General Meetings shall be held once a year, with the annual accounts to be approved at this General Meeting.
- An Extraordinary General Assembly shall be held within six weeks of a resolution of the Presidium or of the Ordinary General Assembly or of a written request of at least 10% of the voting members of the General Assembly or of the Auditors.
- All members are to be invited in writing to both the ordinary and the extraordinary general meetings at least two weeks before the date, stating the agenda. The convocation and the agenda shall be drawn up by the Presidium.
- Motions to the General Assembly shall be submitted in writing to the President or to the office at least one week before the date of the General Assembly. Any member may make oral motions at the General Assembly.
- Valid resolutions -except those on a motion to convene an Extraordinary General Meeting- may only be passed on the agenda or on motions according to item 4.
- Only full members are entitled to vote. Each member has one vote; the course-providing bodies have an additional vote for each course actually run. Heads of study programmes have as many votes as they manage study programmes. All members are entitled to participate in the General Assembly. Voting rights may be transferred by means of a written proxy. The voting rights of the course-providing bodies may be exercised by one or more members of the management of the respective course-providing body, but this may not result in an increase of votes. If the votes of a preserver are exercised by more than one member of the management, they must announce before each general meeting which member of the management holds how many votes.
- The General Assembly shall constitute a quorum if half of all votes are present. If the General Assembly does not have a quorum at the appointed hour, the General Assembly shall be held 30 minutes later with the same agenda, which shall have a quorum regardless of the number of persons present. In this case, the agenda can no longer be changed.
- Resolutions at the General Assembly shall normally be passed by a simple majority of the valid votes cast. Resolutions on the admission of honorary members, amendments to the statutes, exclusion of a member, increase of the membership fee or the payment of costs beyond this, as well as the dissolution of the association, require the approval of 2/3 of the valid votes cast.
- The General Assembly shall be chaired by the President or, if he/she is prevented from attending, by his/her first deputy or, if he/she is not present, by his/her second deputy.
- Resolutions, with the exception of the resolution to dissolve the Association, may also be passed in writing as a circular resolution. In this case, all letters and faxes (no e-mails) signed by the respective member and received at the office within 10 calendar days shall count as votes cast. The consensus quorums pursuant to section 8 shall apply.
§ 10 Tasks of the General Assembly
The following tasks are reserved for the General Assembly:
- The election and dismissal of the members of the Presidium.
- Appointment and dismissal of auditors; approval of transactions between Presidium and Executive Committee members and auditors on the one hand and the Association on the other.
- Adoption of a resolution on the budget.
- Determination of the amount of the membership fees and of any contributions to costs by the members in excess of the membership fee.
- Receipt and approval of the statement of accounts and the annual financial statement, with the involvement of the auditors, as well as discharge of the Presidium.
- Award and withdrawal of honorary membership.
- Adoption of resolutions on amendments to the Articles of Association and the voluntary dissolution of the Association.
- Decision on the exclusion of members.
- Discussion and resolution on other matters on the agenda.
§ 11. Board of Directors
- The Board shall be composed of two natural persons per course-providing body (§ 4 number 2). Each member from the group of course-providing bodies shall delegate one delegate from the management of the course-providing body who fulfils the requirements of § 4 number 4 and one delegate from the group of degree programme directors of the Fachhochschule degree programmes operated by the course-providing body or the head of the Fachhochschule college established pursuant to the Fachhochschul-Studiengesetz to the board.
- Ordinary meetings of the Executive Board shall be held at least twice per calendar year, extraordinary meetings shall be convened within six weeks upon decision of the Presidium. The Executive Committee shall convene and draw up the agenda for the meetings of the Executive Board. The Executive Board shall be chaired by the President or, if the President is prevented from attending, by his/her first deputy, or, if the first deputy is not present, by his/her second deputy.
- All members shall be invited in writing to the meetings of the Board of Directors at least two weeks prior to the date of the meeting, stating the agenda.
- Questions and motions to the Executive Committee shall be submitted in writing to the President or to the office at least one week before the meeting.
- Resolutions of the Executive Committee may only be passed on items on the agenda of the Executive Committee or on motions according to section 4. Resolutions of the Executive Board may also be passed in writing as a circular resolution. In this case, all letters or faxes (no e-mails) signed by the respective Executive Board member and received at the office within 7 calendar days shall count as votes cast.
- The Executive Board shall pass its resolutions by simple majority, with at least half of all members present. Each member of the Executive Board shall have one vote. The transfer of the right to vote by means of a written proxy is permissible. If the Board is not quorate at the appointed hour, the meeting shall be held 30 minutes later with the same agenda, regardless of the number of Board members present.
- Membership of the Executive Committee shall end upon revocation of the delegation by the respective holder, or upon resignation by the respective delegate of the holder. In addition, membership in the Executive Committee shall automatically end upon termination of the respective holder's membership in the Association (§6). Both in the case of revocation and in the case of resignation by the delegate, the holder shall immediately send a new delegate to the Executive Committee.
- The delegation of delegates to the Executive Committee, as well as the revocation of delegation or the resignation of membership by Executive Committee members, shall be notified in writing to the Executive Committee without delay and the Executive Committee shall inform all members about the composition of the Executive Committee or any changes in the composition of the Executive Committee.
§ 12. tasks of the board of directors
- The Executive Committee shall prepare an election proposal from among the members of the Executive Committee to the General Assembly for the election of the members of the Executive Committee. The Executive Committee is also responsible for the interim replacement of resigning Executive Committee members within the existing term of office until the next General Assembly.
- The Board decides on fundamental issues concerning the overall situation of the UAS sector. In this context, the Board is responsible for the multi-year planning for the strategic positioning of the Association in the education sector and the preparation of an annual work programme. Furthermore, it is the responsibility of the Board to appoint committees. The members of the appointed committees are to be appointed and dismissed by the Executive Board. The rules of procedure of the committees shall also be adopted by the Executive Board.
- The Executive Committee supports the Presidium in all projects to achieve the purpose of the Association, both within and outside the Association.
- In general, the Executive Committee advises the Presidium on all matters concerning the Association.
§ 13 The Presidium
- The Presidium shall consist of the President and his/her first deputy, the second deputy, the Treasurer and his/her deputy, the Secretary and his/her deputy.
- Only members of the Executive Committee may be elected to the Presidium, whereby at least the President, one of his/her deputies, the Treasurer and his/her deputy must be elected from among the delegates delegated by the Founders in accordance with § 4 number 4.
- The Presidium shall meet at least four times a year.
- The Presidium shall constitute a quorum if all its members have been invited and at least half of them are present. After half an hour, the Presidium shall constitute a quorum, irrespective of the number of members present.
- Its term of office shall be 3 years. In any case, it lasts until the appointment of a new Presidium. Re-election is possible several times.
- The Presidium shall be convened by the President or, if the President is prevented from attending, by his/her first deputy; if the first deputy is prevented from attending, the second deputy shall convene the Presidium in writing or orally two weeks in advance, stating the agenda.
- The meeting shall be chaired by the President or, if the President is prevented from attending, by his or her first deputy or, if the first deputy is not present, by his or her second deputy.
- The Presidium shall pass its resolutions by a simple majority of the valid votes cast; in the event of a tie, the President shall have the right to dissent.
- Resolutions, with the exception of the resignation of the entire Executive Committee, may also be passed in writing as a circular resolution. In this case, all letters or faxes (no e-mails) signed by the respective Executive Committee member and received at the office within 7 calendar days shall count as votes cast.
- Apart from death and expiry of the term of office, the function of a member of the Executive Committee shall expire through dismissal and resignation or withdrawal from the Association. Members of the Presidium who have resigned shall be replaced by the Presidium for the remainder of the term of office. In the event of the resignation of the President, a new election of the President shall be held by the General Assembly within 10 weeks.
- The General Assembly may dismiss the entire Presidium or individual members thereof by a 2/3 majority of the valid votes cast.
- The members of the Presidium may resign at any time; the resignation shall not take effect until a successor has been elected or co-opted.
- The Presidium may regulate its activities by rules of procedure which it shall draw up for itself.
§ 14 Tasks of the Presidium
- The Presidium shall be responsible for the management of the Association. It shall be responsible for all tasks that are not assigned to another organ of the Association by the Statutes. In carrying out these duties, the Executive Committee shall be assisted by the Secretariat, which shall be subject to the instructions of the Executive Committee.
- The Presidium shall in particular be responsible for preparing and convening the Ordinary and Extraordinary General Meetings and for admitting members to the Association. The Executive Committee shall also have the right to regulate its management by rules of procedure.
- The President shall be the highest officer of the Association. The President shall be responsible for the external representation of the Association; if the President is prevented from attending, the President shall be responsible for the external representation of the Association; if the President is prevented from attending, the President shall be responsible for the external representation of the Association. He/she is entitled to authorise third parties with individual management tasks. In case of urgency, he/she shall be entitled to issue orders independently and under his/her own responsibility, even in matters that fall within the scope of the General Assembly, the Executive Committee or the Presidium. However, these shall require the subsequent approval of the competent organ of the Association.
- The treasurer is responsible for the proper management of the association. The day-to-day financial management is delegated to the office. The office shall carry out this activity in consultation with the President and shall report to the Treasurer on a quarterly basis.
- The Secretary shall be responsible for keeping the minutes of the General Assembly and of the meetings of the Executive Committee and the Presidium.
§ 15. office
- The office handles the day-to-day business of the Association and is headed by the Secretary General.
- The Secretary General shall attend to the business of the Association in accordance with the authorisation given by the Executive Board (Rules of Procedure) and in accordance with the instructions of the President, or, if the President is prevented from attending, in accordance with the instructions of the first deputy, or, if the first deputy is prevented from attending, in accordance with the instructions of the second deputy.
§ 16 Auditors
- The auditors shall be appointed by the General Assembly. Two natural persons shall be elected who may not belong to any body except the General Assembly.
- The auditors shall be appointed for a term of three years by a 2/3 majority; re-election is possible several times.
- The auditors shall be responsible for the ongoing control of the business and the financial management of the Association with regard to the correctness of the accounts and the use of the funds in accordance with the Statutes. The Presidium shall submit the necessary documents to the auditors and provide them with the required information. They shall report to the General Assembly on the results of the audit.
- Legal transactions between auditors and the Association require the approval of the General Assembly. In all other respects, the provisions of § 13 (clauses 9, 10 and 11) shall apply mutatis mutandis to the Auditors.
§ 17. arbitration court
- All disputes arising in the Association shall be decided by a court of arbitration.
- The arbitral tribunal shall be composed of three ordinary members of the Association. It shall be formed in such a way that one party to the dispute nominates a member as arbitrator in writing to the Executive Board. Upon request by the Executive Board within seven days, the other party to the dispute shall nominate a member of the arbitral tribunal within 14 days. After notification by the executive committee within seven days, the nominated arbitrators shall elect a third ordinary member as chairman of the arbitral tribunal within a further 14 days. In the event of a tie, a decision shall be made by drawing lots among the nominees. The members of the arbitral tribunal may not belong to any body - with the exception of the General Assembly - whose activities are the subject of the dispute.
- It decides according to its best knowledge and conscience. Its decisions are final within the Association.
§ 18 Dissolution of the Association
- The dissolution of the Association may only be effected by a resolution of the General Assembly. The dissolution resolution requires a 2/3 majority.
- With the resolution of dissolution, a liquidator shall be appointed who shall decide on the liquidation assets. In the event of over-indebtedness, he shall call upon all members, with the exception of honorary members, to cover the liabilities in equal shares. Assets remaining after the adjustment of liabilities shall be transferred to a similar association in accordance with section 4.
- In the event of the dissolution of the Association or in the event of the discontinuation of the beneficiary purpose of the Association within the meaning of the Federal Fiscal Code, the assets of the Association remaining after the liabilities have been covered shall pass to a body or association to be determined in case of need, which is recognised as a non-profit organisation within the meaning of the Federal Fiscal Code, with the condition that the remaining assets of the Association are used for non-profit purposes within the meaning of the Federal Fiscal Code.