Statute

The statute of the Arbeitskreis Provenienzforschung e.V. came into force upon entry in the register of associations. German law stipulates that every association must have a statute. They contain the basic rules according to which an association functions. Only the German version of the statute is therefore valid; the English translation provided here is for the sole purpose of transparency towards our international members and is not legally binding.

Version of 17.11.2017

Preamble

The Arbeitskreis Provenienzforschung e.V. (hereinafter referred to as the Arbeitskreis) emerged from the Arbeitskreis Provenienzforschung, founded in 2000. The Arbeitskreis promotes the development of provenance research in all its fields of activity and in its interdisciplinary context. This also includes the promotion of young academics. It is committed to communicating the work and research results of provenance research to those responsible in cultural and science administration and the general public.

The association promotes scientific research into the history of the origin of cultural artefacts at all times. One focus of the association’s work is the promotion of scientific research into the origin history of cultural artefacts that were created before 1945 and for which there have been changes of ownership since 1933. The Arbeitskreis thus contributes to the Washington Principles with regard to the search for and identification of nazi-confiscated cultural property.

§ 1 – Name, registered office, legal form and fiscal year

1. The name of the association is “Arbeitskreis Provenienzforschung”.
   After registration of the association, it must have the legal form suffix “e.V.”
2. The registered office of the Arbeitskreis is Berlin.
3. The association is registered in the Vereinsregister Berlin.
4. The fiscal year is the calendar year.

§ 2 – Non-profit status

1. The Arbeitskreis pursues exclusively and directly non-profit purposes within the meaning of the section “Steuerbegünstigte Zwecke” of the German Tax Code.
2. The association is selflessly active; it does not primarily pursue its own economic purposes.
3. Funds may only be used for statutory purposes. Members do not receive any financial compensation from the organisation. They work in an honorary capacity.
4. No person may be favoured by expenses that are not in accordance with the purpose of the organisation or by disproportionately high remuneration.

§ 3 – Purpose and tasks

1. The purpose of the Arbeitskreis is the maintenance and promotion of science and research in the field of provenance research within the meaning of § 52 Abs. 2 Nr. 1 AO.
2. Provenance research within the meaning of the statute is the scientific study of the origin, collection and ownership history of cultural objects with special consideration of translocations and changes of ownership and possession. Provenance research is an interdisciplinary and international field of research that brings together research in the disciplines of history, art and cultural history, law, ethnology, social and cultural anthropology, archaeology, library and archival sciences and other areas of research. One of the main focuses of the association’s work is to support scientific research into the provenance history of cultural objects that were created before 1945 and have changed ownership since 1933. In addition to researching the history of individual works, this also includes fundamental research on all aspects of provenance research, such as the history of cultural heritage institutions and collections as well as the art trade during this period. In line with the Washington Principles, the Arbeitskreis thus contributes to the search for and identification of Nazi-confiscated cultural property. In addition, the association also promotes academic research into the provenance history of cultural property from all other periods, such as the Soviet Occupation Zone/GDR and the colonial eras. To maintain and promote science and research in the field of provenance research, in particular the association pursues the following objectives:
   1. The fostering of exchange on questions and findings of provenance research and related scientific fields,
   2. The further development and improvement of provenance research methods,
   3. The identification and formulation of research desiderata
      in the field of provenance research and in neighbouring
      research areas,
   4. Addressing questions of professional ethics, e.g. the
   5. the development of recommendations and statements on questions of good scientific practice that affect provenance research,
   6. The improvement of the requirements and foundations of provenance research and the working conditions for provenance researchers.
3. The purposes of the association do not include dealing with current legal questions of restitution. The association does not provide legal advice.
4. The statutory purpose is realised in particular through the following activities:
   1. the organisation of conferences and other events. In particular, a working meeting should take place at least once a year. This meeting or parts thereof may also be attended by non-members.
   2. the support of young academics, e.g. by providing information on training opportunities, particularly at academic universities, by advising universities on the development of teaching programmes in the field of provenance research and by contributing to the development of job profiles in the field of provenance research.
   3. informing and advising supranational institutions and associations, the federal and state governments as well as municipalities, the responsible authorities, corporations and associations in matters of general importance for provenance research,
   4. communicating the importance and content of provenance research to those responsible in the field of public and private science funding,
   5. the communication and dissemination of knowledge on the content, methods and fields of activity of provenance research to the public. Possible forms include academic articles, media reports, press releases, expert opinions and statements and other publications.

§ 4 – Membership

1. Members may be:
   1. Employees of state or state-funded institutions who conduct provenance research as part of their duties
   2. Natural persons who conduct long-term, main occupation provenance research.
2. An application for membership of the Arbeitskreis must be made in writing. The executive board decides on the application. The applicant has the right of appeal against a rejection, which is decided by the general meeting. The membership ends for members according to § 4 para. 1 no. 1 by resignation or dissolution of the institution, for members according to § 4 para. 1 no. 2 by resignation, death or expulsion of the member. Expulsion may take place if a member seriously violates the statute or damages the reputation of the association or another member in public. Resignation must be declared in writing three months before the end of the fiscal year. The executive board decides on expulsion. The member has the right of appeal against expulsion, which is decided by the general meeting.

§ 5 – Obligations of the members

Members are obliged to follow the principles of good scientific practice in their work and in particular in their publications. For a more detailed definition of this term, please refer to the current recommendations of the German Research Foundation (DFG) “Sicherung der guten wissenschaftlichen Praxis”.

§ 6 – Membership fees

1. Members are obliged to pay the fixed membership fees.
2. The amount and type of membership fees are decided by the general meeting, which may also decide on guidelines for the use of the fees.

§ 7 – Bodies

1. The bodies of the Arbeitskreises are:
   1. the general meeting
   2. the executive board
2. Other bodies can only be established by resolution of the general meeting.

§ 8 – The general meeting and its tasks

The tasks of the general meeting are in particular:

1. to elect the executive board (pursuant to § 9 (4) and (5));
2. to elect two cash auditors who must not be members of the executive board;
3. to receive the annual and cash report of the executive board as well as the audit report of the cash auditors and to decide on the discharge;
4. to set the membership fees ( pursuant to § 6);
5. to decide on amendments to the statute and all other matters submitted to it by the executive board for resolution;
6. to specify the tasks of the executive board and the office in line with the purpose of the Association.
7. In the event of the dissolution of the association, to decide to which corporation(s) under public law or tax-privileged organisation(s)the assets of the association in accordance with the provisions of §12 falls to.

§ 9 – Convening and passing resolutions at the general meeting

1. The ordinary general meeting takes place once a year. The ordinary general meeting takes place once a year. If the interests of the Arbeitskreis require it or if one tenth of the members request it in writing, stating the purpose and reasons, an extraordinary general meeting must be convened.
2. The general meeting shall be convened by the executive board by email, stating the agenda, no later than 40 days before the date of the assembly, in the case of extraordinary meetings no later than 20 days before the date of the assembly. In the invitation, it must be stated whether an amendment to the statute is to be passed at the general meeting or whether elections to the executive board are to take place.
3. Applications must be submitted to the chairperson in writing 20 days before the meeting. Subsequent applications may be included in the agenda at the beginning of the meeting if at least two thirds of the members present are in favour, with the exception of applications pursuant to § 8 (5) and (6).
4. The number of members present at the general meeting always constitutes a quorum. A simple majority of votes of the voting members attending shall decide, unless the statute expressly stipulates otherwise.
5. Each member has one vote. In the event of a tie, the Chairperson has the casting vote.
6. In order to change the purpose of the association and to dissolve it, the approval of three quarters of all voting members is required. Members entitled to vote who are unable to attend a general meeting convened for this purpose may vote in writing. If the quorum is not reached, a new general meeting can be convened, which then decides with three quarters of the voting members present.
7. Amendments to the statute are decided by the General Meeting with three quarters of the members present and entitled to vote.The wording of the corresponding applications is sent to the members with the invitation to the meeting.
8. The chair of the meeting is the chairperson or the longest-serving vice chairperson present. The chair of the meeting is named at the beginning of each general meeting.
9. Minutes must be taken of the resolutions of the general meeting and signed by the respective chair of the meeting. It should contain the following information: The place and time of the meeting, the person chairing the meeting, the number of members present, the agenda, the applications, the individual voting results and the type of voting. In the case of amendments to the statute, the exact wording must be stated.

§ 10 – The executive board

1. The executive board of the Arbeitskreis consists of the chairperson and four vice-chairpersons. The executive board should represent as many different fields of provenance research as possible.
2. The executive board has the following tasks: The executive board performs the tasks according to § 26 BGB. The Arbeitskreis is represented in and out of court by a member of the executive board in accordance with § 26 BGB.
3. The executive board passes its resolutions at meetings convened by the chairperson or one of the deputies as needed.The executive board is quorate if at least three of its members are present. The executive board passes all resolutions by a simple majority of the votes of those present; in the event of a tie, the chair of the meeting has the casting vote. Minutes are kept of the results of the meetings.If a meeting is not possible, resolutions can also be passed by circulation procedure.
4. The executive board appoints a treasurer and a secretary from among the deputy chairpersons.
5. The chairperson and the four vice-chairpersons are elected by the general meeting for a term of two years. The election is by secret vote.
6. Executive board members may be re-elected, but their term of office should not exceed three terms. In the event of the premature resignation of members of the executive board, a corresponding by-election takes place during the next general meeting without changing the election period. The election takes place in accordance with § 9 para. 4.

§ 11 – The registered office

The Arbeitskreis may entrust a registered office with the management of ongoing business. Ongoing business includes, in particular, membership administration and the management of the association’s funds.

§ 12 – Use of the association’s funds

If the association is dissolved or annulled or if its tax-privileged purposes no longer apply, the funds of the association will be transferred to one or more public corporations or one or more other tax-privileged corporations for the purpose of supporting science and research in the field of provenance research.

§ 13 – Entry into force

These statute come into force upon entry in the register of associations.