Constitution

§ 1.

Name, seat, financial year, language and membership of the EVTA in other Associations

1.1

The name of the association shall be the European Voice Teachers Association  - EVTA e.V. It shall be registered as an Association with the appropriate court of jurisdiction.

1.2

The seat of EVTA is  Detmold.

1.3

The financial year is the calendar year.

1.4

The association is successor to the EVTA European Voice Teachers Association with its seat in London, England.

1.5

The official and legal language of EVTA is German.

1.6

The association shall be a member of the ICVT (International Congress of Voice Teachers) without compromising its independence and legal structure.

§ 2.

Aims of the Association

2.1

The aims of the association are to promote and encourage the cultural, pedagogical, and scientific aspects

1. of vocal pedagogy in all styles of music,

2. of the continued education and training of voice teachers, amateur and professional singers, as well as of all students of voice,

3. of general interest in singing,

4. the care and promotion of talented young singers,

5. of research of the voice

in Europe and particularly in its member countries.

2.2

The association pursues exclusively charitable and non-profit aims in accordance with the section on "tax-favoured aims" of the tax law. The aims of the Constitution will be achieved in particular by:

-  promoting communication between its members and between EVTA and related disciplines worldwide;

-  promoting exchange programs and projects for voice teachers and voice students in the Member Associations;

-  holding congresses, conferences, conventions, courses and seminars with the aim of exchanging and disseminating ideas and information;

-  issuing professional publications, journals and newsletters on vocal pedagogy and singing for its members and the interested public;

-  promoting research projects and the dissemination of relevant information and ideas on vocal pedagogy within the European and international communities;

-  holding concerts and exhibitions,sponsoring the production of sound and electronic media of all kind relevant to  vocal pedagogy and singing;

-  promoting talented singers, whose teachers are members of a Member Association.

2.3

The association is a charitable organization and does not primarily pursue commercial interests.

2.4

Association funds may only be used for the aims set forth in the constitution.

2.5

Members may not receive shares in the profits of the association, nor may they in their capacity as members receive other forms of payments out the funds of the association. No person may unduly profit by incurring expenditures foreign to the aims of the association, or by receiving unduly high compensation. All decisions regarding the reimbursement of expenditures will made the Executive Committee.

§ 3.

Application for Membership

3.1

EVTA is an umbrella association of the associations of voice teachers in European countries. Any European association of voice teachers, which is a legal entity in its own country, has an elected leadership, and having aims similar to those defined in § 2, is eligible for full membership. Full members are vested with all rights and privileges.

3.1.1   Members of the Member Associations may participate in any events organized by EVTA or its Member Associations.

3.2

In accordance with the legal aims of the association set forth in § 2 individuals and legal entities may become sponsoring members. Sponsoring members cannot be elected to the Executive Committee and have no voting rights in the EVTA Council.

3.3

Persons or organizations who have served the association with distinction may be awarded honorary membership on recommendation of the Executive Committee or the EVTA Council. Honorary membership carries no rights.

Honorary membership must be confirmed by a simple majority vote of the EVTA Council.

3.4

The prerequisite for joining is the submission of a written application for full membership, which is to be addressed to the Executive Committee. The application must include a copy of the constitution of the applying association in English and a current list of the members.

3.5

Decisions regarding an association's application for membership will be made by the EVTA Council at its next meeting. The membership application is approved by a two-thirds majority vote of the council. If an application is rejected, the EVTA Council is obligated to inform the applicant of the reasons. An Association may re-apply at any time.

3.5.1.  All applications for sponsoring membership will be decided by the Executive Committee at its own discretion. If the application is rejected, the Executive Committee is not obliged to inform the applicant of the reasons.

§ 4.

Terminating the Membership

4.1

The membership is terminated

-    by voluntary resignation

-    by expulsion from the association

-    on the death of the sponsoring member

4.2

Voluntary resignations must be made in writing to the Executive Committee. The letter of resignation must be received by the Executive Committee before September 30th. The resignation becomes effective at the end of the calendar year and does not exempt the resigning association from payments of outstanding financial obligations.

4.3

A Member Association or a member can be expelled from the association by a decision of the EVTA Council

-   if he or the Member Association has grossly violated the interests of the association in particular through dishonourable, improper or unprofessional behaviour

-   or if the membership dues are at least 2 years in arrears.

4.3.1.   Should a Member Association or a member be accused of violating § 4.3, the Executive Committee is responsible for examining the charges. If after hearing the accused, the charges are deemed sufficient, the Executive Committee may call an extraordinary meeting of the EVTA Council. Notification of such a meeting must be given at least 8 weeks in advance. Before a decision on the matter is made, the Member Association or the member should be given a reasonable opportunity to justify himself in front of the EVTA Council personally or in writing. The accused may submit a written statement which be read aloud in the meeting. The Member Association or the member may be expelled by a two-thirds majority vote of council members present. The reasons for the expulsion must be send to the Member Association or member in writing by means of registered letter. The association or member concerned loses all privileges of EVTA membership with immediate effect and has no claim on repayment of any monies paid to EVTA. The association or member concerned remains liable from the day of its expulsion for all outstanding dues, contributions or other charges.

4.3.2.   A Member Association which has been expelled or has voluntarily resigned may no longer use the name EVTA in any way, nor may it continue to call itself a member of EVTA.

§ 5.

Membership dues

5.1

The association will collect an annual membership fee from all its members.

5.2.

EVTA Council sets amount of the annual membership fee.

5.3

Honorary members are exempt from paying dues.

§ 6

The organisation of the association

6.1

the Executive Committee

6.2

the EVTA Council.

§ 7.

The Executive Committee

7.1

Executive Committee of the association shall consist of the president, one or two vice-presidents, the secretary, the treasurer and one to three associate Members-at-large.

7.1.1   The president must have been a member of the EVTA Council for at least one year at the time of his nomination.

7.2

The association is to be legally represented in and out of court by two members of the Executive Committee, one of whom is to be the president or one of the vice-presidents. The Executive Committee will be represented jointly by two of its members, one of whom must be the president or one of the vice-presidents.

7.3

The terms of office of the president, vice-president, treasurer and the secretary shall be four years. The terms of office for Members-at-large shall be two years. The President and the vice-President may be re-elected once. The treasurer, secretary and members-at-large are eligible for unlimited re-election.

7.3.1   The president shall be elected one year before the end of his term of office. If a new president is elected, he shall hold the position of “President-elect” until his term of office begins.

7.3.2   If a member of the Executive Committee leaves office before his term has expired, the tasks of his office will be carried out by the remaining members of the Executive Committee until the next meeting of the EVTA Council.

7.4

The Executive Committee makes its decisions as a rule in meetings of the Executive Committee, that may be called in writing, by telephone, by telefax or by e-mail by the president, or if he is unable to do so, by one of the vice-presidents. Notification must take place no later than 8 weeks before the meeting.

7.4.1   The Executive Committee has achieved a quorum, when a majority of its members are present. Resolutions are passed by a simple majority. In case of a tie, the president, or in his absence the 1st vice-president casts the deciding vote. If there is no quorum, it may be achieved by means of telecommunication or by video conferencing, when there is unanimous agreement as to method used. If a majority still cannot be reached, a second meeting of the Executive Committee must be called within a period of four weeks. A quorum is then reached, when at least three members of the Executive Committee are present.

7.4.2   The Executive Committee make also make a decision outside of a legal meeting using written or telecommunication means, when there majority agreement on the method to be used. All such resolutions are to be included in the minutes of following meeting.

7.5

The Executive Committee is authorized to set up an office under management of a general manager to handle the daily administration of the association.

7.5.1   If the general managing is a member in good standing of a Member Association or a member of the Executive Committee, he may receive appropriate compensation as approved by the EVTA Council.

7.6

The Executive Committee has the authority to decide all matters of the association not delegated to the EVTA Council. It can delegate specific areas of association work to single members of the Member Associations or to third parties, through contracts for projects, contracts for an honorarium or employment contracts. The Executive Committee is obligated to fully execute its decisions and those of the EVTA Council.

§ 8.

The EVTA Council

8.1

The EVTA Council is the central decision making body of the association. It decides on all matters which are assigned to it by law or the constitution or matters presented to it by the Executive Committee for decision, in particular:

-   receiving the reports of the president and treasurer

-   receiving the annual auditor's report

-   releasing the Executive Committee from obligation and endorsing their activities

-   electing the members of the Executive Committee

-   electing the auditor

-   setting the amount of the membership dues

-   amending the constitution

-   regulating the activity of the Executive Committee

-   passing a resolution to dissolve the association

-   recalling the Executive Committee

8.2

The EVTA Council shall consist of two councillors for each member association.

Each member association may send up to 3 additional representatives to the EVTA Council meeting. The additional representatives of the member associations shall have attend in an advisory capacity only and may neither speak nor vote. Each Member Association decides on its own representatives. The names of the councillors are to be included in the minutes of the meeting. Members of the Executive Committee may serve simultaneously as councillors for their respective countries.

8.3

Each member association has one vote in the EVTA Council. Voting shall be by show of hands and councillors may vote independently. Resolutions shall be passed by a majority of the votes cast, which in addition must represent a majority of the total number of members of all the member associations. The Secretary shall determine the total number of members of all the member associations by means of the member association’s membership lists from the 31st of December of the preceding year.

8.3.1   Sponsoring and honorary members have no voting rights in the EVTA Council.

8.3.2   Members of the member associations may take part in the meeting of the EVTA Council as observers. They may neither speak nor vote.

8.4

The EVTA Council meets once a year. The date and place of the meeting will be set by the Executive Committee. Notification is to be sent in writing or by e-mail at least 8 weeks prior to the meeting and is to include the details of the agenda. The notification period starts with the day following the dispatch of the official invitation. The official invitation will be considered received, if the invitation is sent to the last known address of the Member Association. The agenda is to be fixed by the Executive Committee.

8.4.1   Each Member Association request changes or additions to the agenda in writing up to two weeks prior to the meeting of the EVTA Council. The chairman of the meeting must announce the changes or additions to the agenda at the beginning of the meeting. Changes or additions to the agenda that are requested at meeting are decided on by the EVTA Council. A simple majority of those present is required for changes to the agenda.

8.5

The Executive Committee may call an extraordinary meeting of the EVTA Council at any time, if the interests of the association require it, or if 1/5 of all the full members demand it in writing, giving details of the purpose of the meeting to the Executive Committee.

8.6

The EVTA Council shall be chaired by the president, in case of his absence, the 1st vice-president or another member of the Executive Committee. If no member of the Executive Committee is present, the meeting shall name its own chair.

8.6.1   Minutes of the meeting of the EVTA Council are to be kept; the secretary of the meeting is to be determined by the chair. A non-member may also be named to keep the minutes. The minutes of the meeting are to be signed by the chairman and secretary of the meeting.

8.7

The meeting of the EVTA Council is acknowledged as having built a quorum regardless of the number of members present. This must be stated in the invitation to the meeting.

8.7.1   Decisions are made in the EVTA Council by a show of hands. As a rule, resolutions are passed by a simple majority of the valid votes cast and as set forth in Paragraph 8.3; therefore abstentions do not affect the outcome of the vote.

8.7.2   Changes to the constitution require a two-thirds majority of the valid votes cast; the dissolution of require a four-fifths vote. A change in the aims of the association maybe made only with unanimous consent of all member associations. The written votes of any Councillors not present at that meeting of the EVTA Council may only be counted if they are received by the Executive Committee within one month of the decision.

8.8

Governing officers of the association may not vote on a motion to release the Executive Committee of their obligation and endorsing their activities.

8.9

Elections

8.9.1   EVTA Council elects the Executive Committee

8.9.2   The election of the Executive Committee is regulated by the election by-laws.

8.9.3   The EVTA Council may recall the Executive Committee by a vote of no confidence. A motion to bring a vote of no confidence requires a two-thirds majority of those present at the meeting.

8.9.4   A vote of no confidence to recall of the Executive Committee requires a three-fourths majority of those present at the meeting of the EVTA Council. If the Executive Committee has been recalled, the Council shall elect a new Executive Committee in the same meeting to carry out the remaining terms of the Executive Committee.

8.9.5   New elections for the Executive Committee may be held in an extraordinary meeting of the Council after an interim of 6 months. (See election by-laws).

8.10

Auditor of the books

The EVTA Council elects an auditor of the books by simple majority. The auditor may not be a member of the Executive Committee; he need not be a member of the association. It is the auditor’s duty to audit the books of the association and the treasurer’s report for its correctness.

§ 9.

Dissolution of the association

9.1

In the event of the dissolution of the association, the current assets of the association may be transferred only to organisations with charitable aims in accordance with current law and with the consent of the relevant tax authority.

9.2

Provided that the EVTA Council does not decide differently, the president and the 1st vice-president shall jointly be the legally authorized liquidators of the association.

9.3

The above mentioned regulations also apply in the event that the association is dissolved for other reasons or if it loses its legal status.

§ 10.

Effective date of the constitution

10.1

This constitution becomes effective on the day of its approval by the EVTA Council.

10.2

With the introduction of association law by the European Union, the constitution of the association shall be amended accordingly.

10.3

The EVTA council authorizes the Executive Committee to make any editorial corrections to the constitution required by the Tax Authority or the Court of Registry.

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