§ 1 Name, seat and financial year of the Association
The Association carries the name:
“Internationaler Berufsverband der Hundetrainer/Innen (IBH) e.V.”
The seat of the Association is Freiburg i.Br. It is registered at the District Court Freiburg i.Br. The financial year is the calendar year. Jurisdiction and place of performance is the seat of the Association.
§ 2 Objective and purpose
The Internationaler Berufsverband der Hundetrainer/Innen (IBH) e.V. is an independent amalgamation of dog trainers and dog training schools in Germany and Europe, who work according to the principle of non-violent dog training and the respectful treatment of the dog-human-team. The Association is denominationally and politically neutral.
1) Objective and purpose of the Association are the advancement, monitoring and control of the species- and behaviourally appropriate breeding, rearing, keeping and training of dogs, under special consideration of the observation and advancement of the health and character of the animal as well as the issues of/adherence to the animal protection laws.
2) The support and participation in scientific examinations and observations (no animal experiments of canidae.
3) The purpose of the Articles is especially realised with the monitoring of and partnership with the members in the conducting of lectures and seminars for the training, further education and teaching of members in issues relating to the breeding of dogs, as well as the consultation and the exchange of the members among each other.
4) Public relation for the purpose of education and advertising for a non-violent and respectful education/training of dogs, especially though the cooperation with governmental authorities, the general entity of the dog and the Veterinary Chambers, to achieve the establishment of generally binding guidelines/regulations for the objectives mentioned under item 1.
5) The monitoring and ensuring of the adherence to the principles of the non-violent and respectful dog training is executed by a neutral institution.
6) A national recognition of the occupation of the dog trainer and behavioural consultant according to uniformly determined qualification standards under special consideration of the objectives and purposes mentioned under § 2.
7) Monitoring of the adherence to the Articles and Orders.
§ 3 Acquisition of membership
Any person, who is occupied as a full- or part time IBH-recognised trainer in the education/training/behavioural correction of dogs in terms of the principles of the Association and who is of full age, can apply for the admission as a general member of the Association.
The application for membership has to be made in writing to a member of the Board. The Board may reject the admission without justification. A reply occurs within a term of 8 weeks. The notification regarding the acceptance or rejection of membership occurs via registered mail. Each newly admitted member receives the Articles and Orders by mail.
1) In order to achieve a general IBH-membership, evidence of a minimum of 5 educational programs (seminars) at the IBH or IBH-recognised institutions has to be provided.
2) General IBH-members are obligated to participate in at least 3 further education programs recognised by IBH within a period of two years. The evidence/certifications are to be submitted to the Board at the latest by the end of a calendar year.
3) The members are obligated to practice the principles of the non-violent dog training and the respectful treatment of the dog-human-team and to provide the hereto necessary cooperation for the monitoring by the neutral institution.
4) Members of the Association are strictly obligated to refrain from using or recommending methods in training facilities or for purposes of education or behavioural correction, which cause pain or suffering for the animal or violate its dignity.
5) Strictly prohibited are:
Equipment emitting stimulation currents, prong collars, spray collars, choke chains with and without stop, training harnesses with a pull-effect under the axles, effects/hits with or without objects as well as the implementation of methods/aids according to item 4 and the training of dogs in the protection services; with the exception of individual cases for the protection and guidance of necessary aids such as i.e. choke chains with a stop or similar.
6) Full members agree that controls – also unannounced – can be conducted. These are to ensure that all IBH dog training schools operate according to the principles of these Articles.
7) Full members, who fulfil the qualifications stipulated in the Articles, are entitled to carry the title
“Qualified dog training school, qualified dog trainer or behavioural consultant in the IBH”.
To use the name and logo of the IBH for own representation and advertising.
To be mentioned as a member on the IBH homepage.
The authorisation may be withdrawn according to §4 sub paragraph 2. It ends in any case with the termination of the membership in the Association.
§ 3a) Requirements for the full membership:
a) Full- or part time occupation as trainer in the education/behavioural correction of dogs.
b) Acceptance and adherence to the Articles and Orders.
c) Willingness to carry out the resolutions of the Association.
§ 3b) Excluded from the acquisition of membership are:
a) Commercial dog traders and -brokers.
b) Persons, entities or institutions, who conduct or support animal experiments.
c) Applicants who do not fulfil the requirements of the Articles or where it is to be assumed that they will not comply with to them.
§ 4 Termination, loss and suspension of membership
1) The membership ceases or is suspended due to the following reasons:
a) The membership is strictly personal, not transferable and not inheritable. It ends with the demise of the member or termination of the activity or the business. If the activity/business is to be taken over by a successor, application for a new membership has to be made.
b) With the written resignation to the end of a calendar year. The declaration has to be submitted to a member of the Board of the IBH by the 30th September of that year. If the deadline is not observed, the membership and the obligation for membership fees are extended for the following year. The IBH may also accept a resignation without observing the time limit.
c) By exclusion/deletion from the member list.
d) In case of dissolution of the Association.
e) Based on the reasonable request of a member, the Board may decide on the suspension of the membership and all rights and obligations connected hereto for a limited period of time.
f) With the termination of the membership all legal claims against the Association cease. The parting or excluded member has no legal claim to the assets of the Association or of compensation. The same applies for suspended members for the duration of the suspended membership.
2) Exclusion/deletion may occur:
a) If the conduct grossly violates the interests of the Association, its Articles or Orders.
b) In case of conduct harmful to the Association within- or outside the Association.
c) If the obligation to the membership fee has not been fulfilled for more than 2 months despite a reminder.
d) In case of § 4b eventuating.
3) Prior to the exclusion the member is given the opportunity to make a verbal or written statement. The exclusion is pronounced with a written explanation by the Chairperson of the Board or his representative by way of registered mail. The member may object to the exclusion in writing within 4 weeks. The meeting of members decides regarding the final exclusion with simple majority at the next general meeting. The exclusion is to be confirmed and recorded.
All disputes arising in connection with these Articles or their validity are conclusively settled according to the Arbitrational Court Regulations of the German Institution for Arbitral Jurisdiction e.V. (DIS) under exclusion of resorting to the general courts of law.
§ 5 Rights and obligations of the members
1) All full members have the same rights and obligations.
2) Every full member has the right to be elected for an executive office.
3) Every full member has the right to make applications to the general meeting, to participate in resolutions and to exercise the voting rights according to these Articles.
4) Every member can participate in meetings and events of the Association.
5) The members are obligated to observe the Articles and the resolutions passed according to these Articles.
§ 6 Membership fees and financing
1) The business activity of the Association is financed with the contributions and remunerations for services of any kind for the objective and purpose of the Association.
2) The amount of the annual fee for the members is determined by the annual general meeting with simple majority. In case of admittance in the course of a financial year, the following fees are raised:
In the 1. + 2. quarter full membership fees
In the 3. + 4. quarter ½ of the membership fees
3) A one-off admission fee may be raised.
4) The membership fee is due and payable at the latest by the 31st March of the calendar year.
5) In case of non-payment within a determined period of time, claims of the Association are raised by registered mail with the addition of the incurred fees. The refusal of registered mail does not exempt from the obligation for payment. Claims may be asserted through the courts. Jurisdiction and place of execution for all claims on behalf of the IBH is the seat of the Association.
6) In justified cases up to three times the annual fee can be raised for the financing of special enterprises or in case of financial difficulties of the Association. The exact amount is determined by the general meeting.
7) Members, whose membership is suspended, are exempt from the fees and expenses for the duration of their suspension.
§ 7 Reimbursement of expenses
1) Every member of the Association is entitled to the compensation of documented own expenses, which incurred in the context of activities for the Association.
2) Here the taxation requirements regarding the amount and occasion are to be observed in case of MV- and travelling expenses, also limited to the current tax lump-sum and maximum amounts. A compensation claim also exists for expenses such as telecommunication costs, postage and other paid amounts/expenses in the interest of the Association.
3) If not otherwise agreed upon in individual cases, the claim can only be asserted within the period of one year from the accruement.
§ 8 Organs of the Association and their tasks
1) The organs of the Association are:
The Board of Directors
The general meeting
Panels elected in the meeting
2) The managing Board of Directors consists of:
3) The extended Board of Directors consists of (a. and b. to be elected if required):
a. Public relations officer
b. The Chairpersons of the expert panels
c. Chairpersons of the national associations as well as affiliated associations
4) A member may hold a maximum of two Board positions; however the Managing Board has to consist of different persons.
5) The general meeting may by resolution elect an honorary Chairperson with permanent seat and vote in the Board. The deselection is possible in case of violation against one or several statutory principles.
6) The Board is responsible for all matters of the Association, unless they are transferred to another organ of the Association by the Articles.
7) The Association is represented in and out of court by the 1. Chairperson or his representatives (§ 26 BGB) and a further member of the Board. The representatives may only become active in the internal relationship if the 1. Chairperson is unavailable.
8) The power of attorney is limited as follows:
a) The approval of the managing Chairperson is required for legal business with a business value of over 3,000.00 € (three thousand Euros).
b) The approval of the general meeting is required for legal business with a business value of over 5,000.00 € (five thousand Euros).
c) The Board is only entitled to enter into obligations in the amount of the assets of the Association. In all cases the Association is only liable with the assets of the Association; this is to be documented in contracts to be executed.
9) The Board is elected by the general meeting for the duration of 3 years. However, the Board will remain in office until a new Board is elected. Re-election is possible.
10) If one member of the Board prematurely retires from his/her office, the remaining managing Board may temporarily occupy his/her function or temporarily assign it to a suitable member of the Association until the next annual general meeting. This does not require convening a general meeting. In case of the retirement of the treasurer, an extraordinary audit is to be conducted by the cash auditors. In case of retirement of the 1. Chairperson or the retirement of more than two members of the managing Board, an extraordinary general meeting is to be convened within 6 weeks and supplementary elections are to be conducted.
11) Panels are to be publicly elected. The Chairpersons are part of the extended Board. Expert panel are especially responsible for the recognition of seminars, education and further education programs in terms of the principles of the IBH.
12) Cash auditors
a) Two cash auditors are publically elected.
b) The cash auditors may not be members of the Board.
c) The term of office is two years.
d) The cash auditors have to audit the cash box within the financial year.
13) The Board and the panels are remunerated for the exercising of their activities with a remuneration determined by the Board. The concerned member of the panel has no voting right for this resolution.
14) The officials and representatives are only liable for damages caused by the officials or representatives in the execution of their duty, if they have acted with intent or in a gross negligent manner.
1) The annual general meeting (AGM)
a) The annual general meeting has to be convened by the 30th September of the year.
b) The members are invited by the 1. Chairperson under observation of a period of four weeks and announcement of the agenda via the IBH homepage, newsletter or email. The period of notice commences with the day of publication.
c) The meetings are chaired by the 1.Chairperson or, in case of his/her unavailability, by the representative. In case of Board elections the chairing of the meeting is to be transferred to a member determined by the members for the duration of the election of the 1.Chairperson. The election supervisor may not be elected. The Chairperson nominates a secretary.
d) The Board members (1.Chairperson and Treasurer) present their activity report to the meeting.
e) Report of the cash auditors and exculpation of the Board.
f) Election of the Board members, the cash auditors, the honorary committee and the panels.
g) All elections/resolutions become valid with the simple majority of the valid votes cast of the present members, unless the Articles determine differently. Abstentions are deemed invalid votes. Voting is public.
h) If a ballot is to be conducted in secret, at least one member of the meeting has to make an appropriate application. Also the Chairperson can determine that a ballot is to be conducted in secret without giving any reasons.
i) All general members are entitled to vote and be elected. Every member has a vote at the general meeting. The voting right is not transferrable.
j) Every member can file applications to the annual general meeting. These have to be submitted in writing (together with detailed reasons) at the latest three weeks prior to the AGM. Belatedly received applications can only be considered at the AGM, if ¾ of the present members grant their permission hereto.
k) The amount of the membership fees, the admission fee and applications to the respectively valid Articles/Orders are determined at the AGM.
l) An amendment of the Articles is only possible with a 2/3 majority of the valid votes cast.
m) The progress of the meeting is to be documented and signed by the Chairperson and the secretary.
2) Extraordinary general meeting (EGM)
The Board may call an extraordinary general meeting at any time if required for the benefit of the interests of the Association. The Board is obligated to convene an EGM, if 3/10 of the members demand it from the 1.Chairperson by registered mail under statement of purpose and reasons. Every member has to demand the convening of the EGM with an individual letter. Petitions are not considered.
3) Convening of an EGM due to the dissolution of the Association
a) If the Association is to be dissolved, all members are to be informed in writing with a period of 3 months. The 1.Chairperson (or a person nominated by the Board for the dissolution of the Association) has to invite to the EGM under announcement of the application for dissolution. If more than 20%, however at least 10 members, wish to continue with the Association, they have to elect a new managing Board from their ranks. This new managing Board will take over the business of the Association effective immediately. Members, who are against the continuation of the Association, are entitled to terminate their membership effective immediately.
b) In case of dissolution of the Association or in case of cessation of its previous purposes, the entire assets will fall to a non-profit society for the prevention of cruelty to animals. This will be determined in the context of the general meeting, which passes resolution regarding the dissolution of the Association.
§ 10 Legal system and rules of procedure
1) The Board works toward a cooperative and fair conduct of its members. It should arbitrate in case of disputes.
2) To warrant and maintain its internal and external order, the IBH can take measures against members and officials, who act against the Articles, the Orders and purposes of the Associations and its subdivisions.
3) If arbitration is not possible, the honorary committee is to be involved.
§ 11 The honorary committee
The honorary committee consists of 3 members on equal terms, who are elected for the duration of 3 years. They may not be members of the Board. Upon application by the Board or a member of the Association, the honorary committee may advise in all cases of problems or may be called upon for arbitration. In such cases it is to independently and neutrally investigate the issues of the conflicting parties. Upon conclusion of this investigation it will report in writing to the managing Board. In its decisions the Board is obligated to intensely consider the recommendations, however they are not binding.
§ 12 Panels
The panels consist of at least three expert general members, which are elected for a period of two years. Re-election is possible. The election of members of the Board to a panel is possible.
The training panel, responsible for the monitoring and development of training- and therapy methods in an animal- and species appropriate manner, has to be established under any circumstances. Further panels may be established if required. The panels elect their Chairperson and determine their bylaws themselves; they are not a component of these Articles.
The 1.Chairperson, or his representative in case of his unavailability, is invited to every committee meeting. He/she has a seat and vote on every committee. The resolutions passed by the committees are components of the respective Order as annexures. They are to be signed by the members of the committee and approved by the 1.Chairperson. The approved Orders are published and are binding for all members.
§ 13 Sponsoring members
The admission of sponsoring members is possible under adherence of §3 3)-5) and § 3 b) a) and b). Sponsoring members may not be elected to an office and have no voting right. The amount of the membership fee is determined by the AGM with simple majority.
§ 14 Honorary members
Persons, who are deserving due to special services in the species- and animal appropriate training of dogs and the animal protection or the Association, may be nominated to honorary members by way of a simple application at the general meeting. Honorary members are exempt from the membership fee.
§ 15 Cooperation with and membership in other Associations
The Association may make application for membership in another association or execute cooperation agreements with them. This requires a 2/3 majority of the valid votes cast in a ballot at the general meeting. Objective and purpose of the Association have to be maintained.
§ 16 Final clause
If one of the clauses in these Articles should be invalid or if these Articles contain gaps, the validity of the remaining clauses will not be affected. A respective valid clause will be deemed as accepted instead of the invalid clause, which corresponds with the invalid condition in spirit and purpose. In case of gaps such clause is deemed to be accepted, which equates to what would have sensibly been regulated in these Articles, if one had considered the matter from the beginning.
Oppenheim, 30. January 2009
1. Chairperson: Thomas Bierer
2. Chairperson: Michael Werner
3. Chairperson: Annette Gevatter
Secretary: Nicola Franzkowiak
Treasurer: Carmen Scherb