Introduction and explanation of the amendment to the ELACTA Statutes
The first Version of the ELACTA Statutes has been approved in 1997. Knowing that ELACTA was founded on the basis of three German-speaking member countries, and later ELACTA expanded to other European countries, the Statutes were amended several times. And not only because of expansion – the nature of the activity and legal requirements changed. ELACTA is evolving as an organization, so it is natural that the Statutes under which it operates must be regularly reviewed. ELACTA is registered in Austria as a non profit organization.
Amendment was prepared under supervision of the legal services company BÜNDNIS FÜR GEMEINNÜTZIGKEIT (ALLIANCE FOR NON-PROFIT), representing the interests of the non-profit sector and voluntary organizations.
The Austrian association law in its current form has been published in 2002 and has since then been amended several times, the last one in 2021. This is also important for us, because we have to harmonize our statutes with the amended law (ELACTA amended its Statutes the last time in 2016)
The Alliance for non-profit provided us with a template form of Statutes, according to which we adapted the ELACTA Statutes.
The main changes:
The provisions of some articles have changed their place (the content of the Statutes has been rearranged).
The procedure for making some decisions in ELACTA has changed. This is required by the Austrian law.
What we propose to change in the internal procedure that the GA should vote for is:
- to extend the term of office of the board from 2 to 4 years. This is important for ensuring productivity and continuity of work. We suggest to leave the term of conferences and GA every 2 years.
- To extend the term of Auditors from 2 to 4 years.
In both cases, it is possible to resign from the position, and the Board of Directors can coopt an additional member or auditor, whom the General Assembly later approves retroactively.
- Membership – Changes are being made to membership groups.
We offer the status of a Full member – for persons with a valid IBCLC and for retired IBCLC, and Associate members – for persons who feel connected to the purpose of ELACTA, support the ELACTA activities and pay a set annual membership fee, but they do not have a valid IBCLC certificate. These non-IBCLC members do not have the right to vote at the GA and cannot be elected to office.
Honorary members are natural persons who are appointed by the General Assembly for special services brought to ELACTA. These members do not pay the set annual membership fee. Honorary members who have a valid IBCLC certificate or are Retired IBCLCs have the right to vote and be elected to office.
- Minor changes have been made in the composition of the Board of Directors, which would allow the Board to adjust its duties according to operational priorities or other circumstances and ensure the uninterrupted operation of ELACTA.
The Board of Directors is the governing body of ELACTA within the meaning of Section 5 (3) of the Austrian Association Act and consists of a maximum of eight persons. The Board of Directors consists of a President, a Vice-President, as well as a Treasurer, a Second Treasurer and up to three additional members. The allocation of these functions as well as others within the Board of Directors is the responsibility of the Board of Directors, which may adopt its own rules of procedure.
- ELACTA is legally represented jointly by the President and the Treasurer. We approve the provision of two-person legal representation in ELACTA. We legalize the approval of documents by electronic means.
- More clarity and precision on the Court of Arbitration matters.
ELACTA Board of Directors thanks active members, especially ALCI and BDL for their comments and assistance in preparation of the draft Amendment of the ELACTA Statutes.