§ 1
Name, registration
The association bears the name “INTERNATIONAL FREIGHT RAIL BUSINESS ASSOCIATION (IBS), eV”.
The Association is registered in the Register of Associations of the Berlin-Charlottenburg Local Court in the Federal Republic of Germany, irrespective of the headquarters of the Association.
§ 2
Head office of the association
The headquarters of the Association for the respective legislative period shall be determined by the Board elected by the General Assembly by a simple majority of the Board members. In the event of an even number of Board members, the Chairman of the Board shall have the casting vote in the event of a tie.
§ 3
Purpose, Objectives
The INTERNATIONAL FREIGHT RAIL BUSINESS ASSOCIATION (IBS), e. V. has the objective of creating frame conditions that make it possible to promote the position of the interested railway freight companies and the improvement of the conditions of competition for rail transport in Europe in general.
The association focuses its activities mainly on the following task complexes:
– Promoting and improving the performance of rail transport.
– Standardize and simplify the business and legal bases for the European rail freight transport
– Bundling of demand by users of the European railway freight transport (shippers / operators and freight forwarders) at policy and service provider of rail transport in close collaboration with the Association UIRR,
– Promoting the role of freight forwarders and logistics companies as organizers of complex transport solutions in consideration of rail, especially in wagon load traffic,
– Influencing policy decisions in favor of the system transport rail,
– Contact partner for the European and national transport policy and the shippers,
– Cooperation with others interested in the rail freight transport associations and organizations.
§ 4
Membership
Companies, acting as customer, operator or service provider in the European rail freight may be included as members of IBS. The request for membership must be made writing to the board or a board member of IBS. The board of IBS decides by simple majority on the admission of members In the event of an even number of members of the Board of Directors, the Chairman of the Board of Directors shall have the casting vote in the event of a tie.
§ 5
Withdrawal of Members
Members may resign from the Association at the end of the year by submitting a written declaration to the Executive Board by 31 October of the current year at the latest. The obligation to pay dues exists for the current year. Annual subscriptions already paid will not be refunded (not even pro rata).
§ 6
Voting right
Each member of the IBS has, when voting, even if it is represented by more than one person, one vote. If a member of the IBS represented by several persons, the voting person should be appointed before the vote.
§ 7
Bodies of the Association
Bodies of the association are the Executive Board and the General Assembly. By decision of the General Assembly, other organizational bodies, especially working groups with specific tasks, can be installed.
§ 8
Board of the Association
The General Assembly elects a Board of Directors for a period of 2 years in a block election with a simple majority of the present/online participating members. The Board shall be composed of a Chairperson and a maximum of 4 Board members with separate departmental responsibilities. The allocation of responsibilities between the elected members of Board shall determine on its own. The chairman is the Board representative within the meaning of § 26 BGB. He represents the association judicially and extrajudicially. He is responsible for organizing events of the association and working out of related transcripts. The Board of Directors may designate a representative of the Chairperson. Without a separate appointment of a representative, all members of the Executive Board are entitled to represent the IBS in consultation with each other. In the event of the unforeseeable departure of an elected Board member, the Board is entitled to co-opt another Board member from among the IBS members to support the work of the Board for the remaining term of office. The Board of Directors shall independently determine the responsibilities to be assumed in this regard. The Management Board provide the association activities unsalaried and operate in accordance with the Statue of association. To implement the objectives of the Association, the Board may appoint teams with specific project responsibilities. The General Assembly decides by a simple majority of present/online members over the discharge of the Board.
§ 9
General Assembly
General meetings shall be held at least twice a year. The Board of the Association shall invite the members to corresponding attendance meetings Due to a change in the law of the BGB, a general meeting can also be convened as a virtual (online) meeting. The holding of general meetings is also possible hybrid (presence/virtual). At the request of at least one third of the members an extraordinary general meeting will be convened. The convening of the extraordinary general meeting by the Board is to execute in written form within a period of one month after the receipt of the request along with the announcement of the agenda. The General Assembly decides amongst other things
– The amount of the membership fee on the proposal of the Executive Board.
– The amount of flat-rate cost reimbursements for IBS services to member companies and third parties amounting to > 2,500 Euro/year.
– Amendments to the Statutes of the IBS.
– Dates and venues of the General Assembly.
– Other essential measures of the Association upon proposal of the Executive Board.
§ 10
Transcript
About the General Assembly is by the chairman or his deputy to work out of a signed transcript. Contradictions of the members to the transcript must be notified within 14 days after disclosure of the minutes at the signatory.
§ 11
Commissioner
The General Assembly and the Executive Board may appoint individual representatives of member companies as representatives of the Association for special tasks, subject to the consent of the respective company.
§ 12
Member Contributions
It shall pay an annual membership fee, the amount of will be decided in the General Assembly by a simple majority of the members present.
§ 13
Payment of operational costs
The financing of operational costs of the IBS, which are permanently incurred by individual member companies, shall be effected by the payment of lump-sum costs to the respective member companies. Lump-sum payments of more than 2,500 Euro/year are to be proposed by the Board and decided by the General Assembly. Costs incurred on a one-off basis by individual members of the Executive Board or commissioned members of the Association shall be reimbursed by the Association’s accounts department on presentation of the relevant receipts. One-time reimbursements against receipts in excess of 1,000 Euros shall be approved by the chairperson of the Board of Directors.
§ 14
Amendments of Statute
Amendments to the Statutes may only be adopted by a 2/3 majority of the members. Approval may be obtained from the Executive Board at a General Meeting or by written circulation. The consent of a member can also be assumed if no feedback is received from this member by a date fixed by the Executive Board with a consent period of at least 14 days.
§ 15
Fiscal year
Fiscal year is the calendar year.
§ 16
Court
Disputes between the association and the association members and between the association members themselves are to decide in exclusion of the legal process by the General Assembly. Prior opinion of the general assembly the judges’ decision can not be taken.