Statutes
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§ 1
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1.
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The Professional organization is known as: “ Berufsverband Bayerischer Detektive e.V. (BBD)”
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2.
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The ‘Berufsverband Bayerischer Detektive e.V’. was founded on 02 January 1967 and is registered in the association index of Augsburg with the number VR 190.
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3.
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The ‘Berufsverband Bayerischer Detektive e.V.’ is seated in Augsburg.
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4.
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The duration of existence of the Berufsverband Bayerischer Detektive e.V. is unlimited.
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5.
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The business year is the calendar year.
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6.
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Augsburg is the place of performance and the legal domicile.
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§ 2
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1.
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It’s the purpose of the ‘Berufsverband Bayerischer Detektive e.V.’ to protect and to promote national and international the common professional and economic interests of the detective and guarding business.
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2.
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In order to answer this purpose, the ‘Berufsverband Bayerischer Detektive e.V.’ has to represent the interests of these branches in front of the government agencies.
To make the government agencies proposals regarding this professional field and to give advices on request.
Furthermore the ‘Berufsverband Bayerischer Detektive e.V.’ has to accept the duty to work towards the education of trained trainees and to stand by all his members in an advisory capacity, to support and to care for them.
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3.
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The ‘Berufsverband Bayerischer Detektive e.V.’ doesn’t pursue any political or religious purposes. It’s forbidden to him to have an own business.
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4.
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The ‘Berufsverband Bayerischer Detektive e.V.’ is responsible for the tidiness in this profession and has to safeguard the member’s interests even in front of private persons. Each member receives protection and help in all professional questions from this association. He promotes the co-operative teamwork between all German detectives and beyond that with all fellow detectives in abroad.
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Membership
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§ 3 Requirements for the membership
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1.
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The membership to the ‘Berufsverband Bayerischer Detektive e.V.’ is voluntary and is open for each colleague in this branch.
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2.
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The membership requires:
not any previous convictions and a blameless reputation and standing.
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§ 4 Applications for the membership
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1.
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Applications to aquire the membership must be submitted in writing to the central office or to the nearest or competent branch-office of the ‘Berufsverband Bayerischer Detektive e.V.’
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2.
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In order to ascertain the qualification of the applicants to become a member, the applicant will be ordered to give the required information.
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3.
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The presidency decides about the applications of admission. If the presidency turns down the admission, the applicant will be informed in writing about the reasons. In that case the applicant has the right to lodge a complaint to the general meeting of the members, but within a four week period.
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§ 5 Rights of the members
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1.
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All members are having equal rights and can occupy each function within the ‘Berufsverband Bayerischer Detektive e.V.’
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2.
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Each member has the right to get information, advice and support to all questions regarding this profession from the ‘Berufsverband Bayerischer Detektive e.V.’
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3.
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All members are authorized to make applications at the general meeting.
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§ 6 Duties of the members
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1.
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Throughout all members are engaged to support the aspirations and the intended career of the ‘Berufsverband Bayerischer Detektive e.V.’ as far as possible.
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2.
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All members are engaged to observe the Berufsverband’s statutes and to implement the resolutions which were passed within the scope of these statutes.
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3.
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All members are engaged to accept, to observe permanently an to adhere the occupational order and to exercise perfectly the detective profession analogously to the legal regulations and statutes of the Berufsverband Bayerischer Detective e.V.
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4.
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All members are engaged to discharge the subscriptions punctually, which are fixed by the general meeting.
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§ 7 Termination of the membership
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1.
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The membership is valid for the respective calendar year. It will be prolonged for a further year unless a notice of termination reaches the presidency not later than 3 months before the end of the calendar year by a letter registered.
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2.
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The member ship in the BBD is ending also by exclusion of the member.
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3.
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The exclusion of a member can made if the member fail to perform his duties as written in the statutes, or if the member do not pay the member fee after several reminders, or if the member misuse or try to misuse the BBD, or the requirements for the membership are inapplicable, or by existing of simular momentous reasons.
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4.
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The termination of the membership doesn’t relieve from the realization of still existing liabilities in front of the ‘Berufsverband Bayerischer Detektive e.V.’ In that case the detective membership card of the BBD must be submitted to the general office not later than 14 days after termination of the membership.
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5.
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Rights at the property of the ‘Berufsverband Bayerischer Detektive e.V.’ will expire with the termination of membership.
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6.
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The presidency decides about the exclusion of a member.
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§ 8 Administration
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1.
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The ‘Berufsverband Bayerischer Detektive e.V.’ is managed by
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a)
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presidency
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b)
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general meeting
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2.
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It must be kept a record of each meeting of the Berufsverband Bayerischer Detektive e.V. and this must be signed by the chairman of the respective meeting. Each member can get an insight into this protocol at the general office.
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3.
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The cash outlays caused by the work for the ‘Berufsverband Bayerischer Detektive e.V.’ will be refunded to the members of presidency or to those from these engaged committees.
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§ 9 Presidency
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1.
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The presidency consists of:
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a)
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the president
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b)
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two vice-presidents
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c)
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two treasurer
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d)
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two secretaries
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All members of the presidency work for the ‘Berufsverband Bayerischer Detektive e.V.’ in an honorary capacity.
The presidency remains respectively in official duty until the new election occurred. Re-election is allowed. Terminate a member during his term of office his membership, the attendees of next Annual Meeting shall elect a new presidency for the time of balance.
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2.
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The presidency must be elected by the general meeting for 5 years (in words: five).
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3.
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The president and the two vice presidents representing the association in judicial cases and civil cases, single independence. They all are chairman in according to § 26 of German Civil Law (BGB).
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4.
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The president has to manage the current affairs of the ‘Berufsverband Bayerischer Detektive e.V.’ He convenes all meetings of the presidency and the general meetings and in case of his disability one of the vice-presidents. The president takes the chair at conferences and at general meetings, in case of his disability one the vice-presidents.
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5.
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The decisions of the general meeting must be performed by the presidency.
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6.
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The presidency decides by a simple majority. In case of equality of votes the president makes the decision.
The presidency is a quorum in the presence of more than the half of his members.
The presidency make all determination verbal, except the majority of the attending members request a voting by ballot.
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7.
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At the request of at least two members of the presidency must be called a conference of the presidency.
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8.
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The presidency is authorized to proceed by oneself at important matters, which should be submitted to the members for decision, but their disposal cannot put off till the convocation of a general meeting.
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9.
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Only members of the presidency are authorized to participate the meetings of the presidency. Approval for attending for other persons by the presidency is possible. Presidency considerations are confidential.
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10.
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The president and each member of the presidency can be removed from their office by a passed resolution with a simple majority of all votes in the general meeting because of insufficient performance of his duty, gross breach of duty or any other grave reason.
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11.
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The members of the presidency, the presiding select committees and the members of the court of honor bind themselves not to belong to another detective association or a similar branch association during their term of office.
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12.
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Honorary members of the ‘Berufsverband Bayerischer Detektive e.V.’ can participate in an advisory function at presidency’s conferences, nevertheless they are not entitled to vote.
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§ 10 General Meeting
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1.
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The general meeting must be called by the president at the beginning of each calendar year at least in the first three month of a year. The invitations to the general meeting must be made at the same time as the announcement of the agenda at least four weeks in advance in the notification sheet or by circular letters.
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2.
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All applications which the members want to have treated in a general meeting must be sent in to the presidency in writing not later than one week before the general meeting will be held.
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3.
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Those applications which are not on the agenda can only be put to the vote if the majority advocated for this.
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4.
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From the general meeting must been elected two members from its midst as cash auditors. They are not allowed to belong to the presidency. They are entitled to audit the cash businesses of the ‘Berufsverband Bayerischer Detektive e.V.’ in its entirety with all vouchers at any time without an announcement. They are obligated to report to the president in the general meeting about the result of each cash audit.
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5.
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Tasks of the general meeting:
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a)
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Election of the president and the remaining members of the presidency at the end of the election period.
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b)
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Acceptance of the estimate and settlement of the contributions for the next business year.
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c)
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For a conclusion, which contains a change of the statutes, it’s required a majority of ¾ of the appeared members.
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d)
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Discussion about the business report of the president concerning the last year.
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e)
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Discussion about the applications and other matters regarding the ‘Berufsverband Bayerischer Detektive e.V.’ or the profession of detectives and the acceptance of the budget.
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f)
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About the progress of each general meeting must be drawn up a protocol. Each member can have a look at this protocol in the central office.
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g)
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With the permission of the general meeting the capital of the ‘Berufsverband Bayerischer Detektive e.V.’ must be invested and managed by order of the president.
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6.
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The election for presidency will be performed in secret and in writing. All other election and voting are verbal, except the majority of the attending members of an Annual Meeting determine any think different.
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§ 11 Special General Meeting
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1.
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A special general meeting, which is subject to the same conditions and time-limits as the ordinary general meeting, can be called by the president if it is necessary for him.
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2.
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Moreover a special general meeting can also be called, if two members of the presidency or the half of the members insist on it.
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§ 12 Select committees
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1.
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The general meeting is able to elect committees for the settlement of particular tasks at the recommendation of the presidency. They have to report continuously to the president about their work.
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2.
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The voting in these committees requires a simple majority. In case of equality of votes decides the vote of the presiding committee.
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§ 13 Offices
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1.
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The ‘Berufsverband Bayerischer Detektive e.V.’ is able to establish and to keep up an office for controlling the current affairs at the seat of the ‘Berufsverband Bayerischer Detektive e.V.’, therefore in Augsburg.
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2.
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The leading of this office attends to the managing director (secretary-general) appointed by the president.
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3.
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The managing director (secretary-general) is directly subordinated to the president and works at his instruction.
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4.
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The managing director (secretary-general) has only an advisory vote.
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5.
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The ‘Berufsverband Bayerischer Detektive e.V.’ is able to establish subsidiary branches in Germany for the execution of his organizing tasks as required. They will be appointed by the president. For these the president of the ‘Berufsverband Bayerischer Detektive e.V.’ issues separate directions.
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6.
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The ‘Berufsverband Bayerischer Detektive e.V.’ is endeavored to support the co-operative teamwork of all German detectives and establishes therefore national branches in the whole Federal territory.
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7.
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With a view to international co-operation with professional colleagues from abroad the ‘Berufsverband Bayerischer Detektive e.V.’ establishes branches abroad, which are managed by a representative.
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§ 14 Fees
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1.
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The amount of the admission fee and the annual fees will be fixed by the general meeting.
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2.
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The fees are payable in the first month of the new business year without request.
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3.
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The fee must be paid for the whole year, in which the membership will be acquired or will expire because of a withdrawal or disqualification.
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§ 15 Rendering of accounts
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1.
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The presidency is liable to keep a complete and exact account.
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2.
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After each business year the annual closing of account must be submitted to the general meeting for ratification.
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§ 16 Liquidation
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1.
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About the liquidation of the ‘Berufsverband Bayerischer Detektive e.V.’ can only decide a general meeting of the members. For acceptance the decision of liquidation it’s a majority of 2/3 of all votes necessary.
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2.
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The presidency transacts the liquidation.
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3.
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The capital and assets of the ‘Berufsverband Bayerischer Detektive e.V.’ will be supplied to charitable use about what the present members of the general meeting will decide by a majority of votes.
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The statutes of the ‘Berufsverband Bayerischer Detektive e.V.’ were determined at the formation meeting on 2 January 1967 and modified for the first time on 11 May 1990.
The last modified preceding statutes of the ‘Berufsverband Bayerischer Detektive e.V.’ were determined by a resolution of the annual general meeting on 25 March 2000 in Gersthofen and became effective on the same day.
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Werner Mayerl
President of BBD
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Klaus Reichert
1st Vice-President
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Erich Klaus
2nd Vice-President
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Anna Kaluzka
1st treasurer
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Ursula Rieß
2nd treasurer
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Margarete Pürner
1st secretary
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Rosemarie Schifferer
2nd secretary
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The Constitution
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The formation meeting of the ‘Berufsverband Bayerischer Detektive e.V.’, seated in Augsburg, promulgated on 2 January 1967 the tenor of the constitution for the detective profession.
The ‘Berufsverband Bayerischer Detektive e.V.’, seated in Augsburg, has resolved unanimously the following constitution in its entirety with internal conviction and deep sense of duty.
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Article 1
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The German detective business includes those who are productive in the detective profession and is therefore rooted in the national characteristics. It is able to exist in each democratic state and is an indispensable assistant for the economy.
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Article 2
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As a profession the German detective profession is integrated into the trade regulations.
It’s the obligation of the detective to perform his professional activity conscientiously and to pay a dignified respect because of his behavior private and in the exercise of his profession.
He agrees to work conscientiously and impartial at all times while exercising his profession. On top of that a factual and conscientious negotiation with his client in form of exact and evident written agreements of order also belong to it.
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Article 3
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The ‘Berufsverband Bayerischer Detektive e.V.’ only accepts those as professional detectives, who have proved their membership to the detective profession by a regular course with prescribed examinations or who are able to show a knowledge as a detective through an equivalent educational background. The integration of assistants, apprentices and pupils follows together with professional detectives in the general structure of profession.
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Article 4
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The objects of the constitution:
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1.
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The detective profession must be given the greatest measure of honor and reputation.
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2.
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To obtain the best performance through education and training as well as through assumption of responsibility for the whole profession of detectives.
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3.
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To aspire and to preserve the unity and unanimity of the detective profession.
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4.
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To guarantee protection and benefit to all working professional detectives and assistants in their work.
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5.
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To give the professional ability the precedence over self-interest and non-ability.
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Article 5
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In consideration of his duties and rights the ‘Berufsverband Bayerischer Detektive e.V.’ has made these tasks and objects to his business to promote the profession.
All members of the ‘Berufsverband Bayerischer Detektive e.V.’ declare ceremoniously that they will exercise their work according to the principles and the sense of the BBD’s constitution for the whole future.
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Supporter of this Constitution is:
The ‘Berufsverband Bayerischer Detektive e.V.’, seated in Augsburg.
The „BBD“ is therefore a live professional organization, which protects the duties and rights of the detective profession, to which all members of the detective business can join to.
All implementing regulations must been based upon the principles of the Federal Constitution of Federal territory and they require the confirmation of the presidency of the ‘Berufsverband Bayerischer Detektive e.V.’ at all times. In their condensation they form the statutes of the ‘Berufsverband Bayerischer Detektive e.V.’, seated in Augsburg.
For protection and maintenance of tidiness in this profession, and for the settlement of disputes between the members in this profession it was constituted a court of honor or a court of arbitration, whose composition and procedure must be directed by specific regulations (look at the constitution of the court of honor).
On the basis of this constitution it was issued a professional order for detectives by the ‘Berufsverband Bayerischer Detektive e.V.’, to which all members are bound to.
‘Berufsverband Bayerischer Detektive e.V.’
seated in Augsburg
(BBD)
Werner Mayerl
President
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Statutes
