Articles of Association

(Entry of the new version in the register of associations on July 16, 2021)

§ 1 Name, registered office, financial year

(1) The association bears the name PSSD Hilfe Deutschland e. V. and was entered in the register of associations.

(2) The registered office of the association is in Cologne.

(3) The association's financial year is the calendar year.

§ 2 Purpose of the association and non-profit status

(1) The purposes of the association are the promotion of science and research and the promotion of consumer protection. Furthermore, the association pursues charitable purposes according to § 53 No. 1. AO.

The association's purposes are realized in particular by the fact that the association

a) Represents the interests of people experiencing persistent side effects associated with what is currently known as Post SSRI Sexual Dysfunction (PSSD) syndrome after stopping psychiatric drugs.

b) promotes research and scientific discussion of the causes and possible treatment and healing methods of the syndrome currently known as Post SSRI Sexual Dysfunction (PSSD), e.g. B. through cooperation with doctors and researchers, through the support of scientific studies or the initiation of further projects.

c) informing the general public and experts about the risk of developing persistent impairments (permanent side effects) through the use of psychotropic drugs, e.g. B. by providing information material, by writing to doctors and psychotherapists or by attending specialist events.

d) promotes the exchange of experiences among those affected by the association offering chat groups, telephone consultation hours, etc. for those affected.

e) becomes active in health policy and e.g. B. at local, state and federal level for the interests of those affected.

(2) The association pursues exclusively and directly charitable and charitable purposes within the meaning of the section "Tax-privileged purposes" of the tax code.

The association is selflessly active; it does not primarily pursue its own economic purposes.

Funds of the association may only be used for statutory purposes. The members do not receive payments from the association.

The association may not favor any person through expenditures that are alien to the purpose of the association or through disproportionately high remuneration.

(3) The board, members and other persons who work to fulfill and safeguard the purpose of the association can be reimbursed for the associated costs.

The general meeting can also decide on an annual, reasonable flat-rate activity fee for board members. The amount of the remuneration for the activity may not exceed the flat rate for the voluntary work.

(4) Retired or expelled members have no claim to the association's assets.

§ 3 Financing

The association is financed by

Membership fees, donations and public and other grants.

The acceptance of donations and other benefits as well as the conclusion of consulting and sponsorship contracts by or with the pharmaceutical industry is excluded.

§ 4 Membership

(1) Any natural or legal person who is connected to the purposes stated in Article 2, Paragraph 1 can become a member of the Association.

(2) The application for admission to the association must be submitted in writing (by letter) or in text form (by e-mail) to the board of directors and must contain the details of the applicant required in the association's membership form. With the application for admission to the association, the applicant accepts the statutes of the association.

In the case of minors, the application for admission must be submitted by the legal representative.

The Executive Board decides on the application for membership at its own discretion.

The association's declaration of membership requires confirmation in writing (e.g. by letter) or text form (e.g. by e-mail) by the board of directors in order to be effective.

The Executive Board does not have to justify a rejection of the application to the applicant.

(3) Admission is for a period of 12 months on a probationary basis. During this time, membership can be terminated by either party at any time, in deviation from § 5, without notice and without giving reasons. The resignation or exclusion must be declared in writing (e.g. by letter) or in text form (e.g. by e-mail or WhatsApp). If there is no resignation or exclusion, the probationary membership will be converted into a regular membership after 12 months.

(4) At the suggestion of the Executive Board, the General Assembly can appoint members or other natural or legal persons who have made a special contribution to the association as honorary members.

(5) With the application for membership, relationships (in particular to the pharmaceutical industry) that could lead to a material or immaterial conflict of interest must be disclosed. This includes:

Dependent and honorary employment, consulting activities, financial support received for scientific activities and patent applications, fees received, other financial or monetary benefits as well as the ownership of shares, warrants or other shares and other circumstances that the Management Board believes can be assessed as a conflict of interest.

§ 5 Termination of Membership

(1) Membership in the association ends through resignation, expulsion or death. With the termination of membership, all association offices held by the member concerned end at the same time.

(2) The resignation must be declared in writing (e.g. by letter) or in text form (e.g. by e-mail or WhatsApp) to the board. The resignation can only be declared with a notice period of one month to the end of the month.

(3) A member can be expelled from the association for good cause. An important reason exists in particular if the member

a) damages the reputation or the interests of the association, in particular by making public statements on behalf of the association.

b) Defamed board members, both inside and outside of association life.

c) supports interest groups that act contrary to the interests of the association.

d) behaves dishonorably, both inside and outside of association life.

e) is more than three months in arrears with the payment of his membership fees and despite a reminder in writing (e.g. by letter) or in text form (e.g. by e-mail or WhatsApp) under threat of exclusion from the association arrears not paid.

f) founds a competing association.

(4) The Executive Board decides on the exclusion. Before the resolution is passed, the member concerned is to be given the opportunity to make a statement to the Executive Board within a period of no less than two weeks.

(5) If the exclusion affects a member of the board, the general assembly decides on the exclusion. The expelled board member is not entitled to vote.

(6) Information about the imminent exclusion and, if applicable, the resolution of the Executive Board (if a member of the Executive Board is excluded, the resolution of the General Assembly) on the exclusion is to be communicated to the affected member in writing (e.g. by letter) or in text form (e.g . by e-mail) and justify it. The letter is deemed to have been sent when it was sent to the last postal address or e-mail address provided.

(7) With the decision, the membership of the member concerned is suspended and the member is suspended from all offices until the final termination of the exclusion procedure.

(8) If no complaint is filed against this according to § 5 paragraph 10, the resolution will become effective upon expiry of the complaint period and the membership will be terminated.

(9) With the deletion or with the receipt of the notification of the exclusion, all rights of the member towards the association expire immediately.

(10) The member concerned can lodge a complaint against the exclusion decision within four weeks in writing (e.g. by letter) or in text form (e.g. by e-mail) with the board. The period begins on the day after the decision was sent. The complaint must be justified. The board of directors (in the case of the exclusion of a board member, the general assembly) makes the final decision. If an objection is not raised in good time, the suspension is effective until the end of the exclusion procedure or membership is deemed to have ended in accordance with Section 5, Paragraph 9.

§ 6 Rights and duties of the members

(1) Every member has the right to use the facilities and offers of the association and to take part in joint events.

(2) Every member has the same right to vote and vote in the general assembly. The right to vote can be transferred to another member entitled to vote by means of a power of attorney in writing (e.g. by letter) or in text form (e.g. by e-mail). The power of attorney is only valid if it is presented to the board before the start of the general meeting. No member may have more than three votes. The transfer of voting rights can only be granted for the respective general meeting as a whole.

(3) Every member has the duty to promote the interests of the association, in particular to regularly pay their membership fees and, as far as is in their power, to support the life of the association through their work.

(4) Each member is obliged to immediately notify changes to personal data (name, postal address, email address, cell phone number, bank details, etc.) in writing (e.g. by letter) or in text form (e.g. by email). email).

§ 7 Membership Fees

(1) Each member has to pay a membership fee that is due in advance. This is payable quarterly or semi-annually. The due date occurs without a reminder.

(2) The amount of the membership fees and the due date are decided by the general assembly.

(3) Every member is obliged to give the association a SEPA direct debit mandate to collect the membership fee. In the event that this obligation is not met, the Executive Board can decide to charge an appropriate surcharge.

(4) Honorary members are exempt from the obligation to pay membership fees.

(5) At the request of the member concerned, the Executive Board can waive the collection of membership fees or reduce the membership fee to be paid for members who receive benefits under SGB II or SGB XII, BAföG or similar benefits.

§ 8 organs of the association

The organs of the association are the Management Board and the General Meeting.

§ 9 Board of Directors

(1) The Board of Directors consists of the first and second chairmen, a maximum of three assessors and the treasurer. The office of treasurer can be held in personal union with another board office.

(2) The association is represented in and out of court by the chairperson or by a chairperson and another board member.

§ 10 Tasks of the Executive Board

The board of the association is responsible for the representation of the association according to § 26 BGB and the management of its business. In particular, he has the following tasks:

a) Preparation of the general meetings including setting up the agenda,

b) Convocation of the General Assembly,

c) Execution of the resolutions of the general assembly,

d) administration of the association's assets and bookkeeping,

e) preparation of the annual budgets and the annual reports,

f) Resolution on the admission and exclusion of members.

§ 11 Appointment of the Management Board

(1) The members of the Executive Board are elected individually by the General Assembly for a period of two years.

(2) Board members according to § 9 paragraph 1 can only become members of the association.

(3) Membership in the association also ends with membership in the association.

(4) The re-election or early dismissal of a board member by the general meeting is permissible.

(5) A member of the board remains in office after the regular term of office has expired until his successor is elected.

(6) If a member leaves the board prematurely, the remaining members of the board are entitled to elect a member of the association to the board until a successor is elected by the general assembly.

§ 12 Advice and decision-making by the Executive Board

(1) The Executive Board meets as required.

(2) Board meetings are to be convened by the first chairman, if he is unavailable by the second chairman, if he is unavailable by another board member. It is not necessary to announce an agenda. The invitation is informal and can be made in writing, orally (by telephone), by e-mail or in some other text form. There must be at least five days between the day of the invitation and the day of the board meeting, not counting the day of the invitation and the day of the meeting. The place and time of the board meeting must be announced with or in the invitation.

(3) Board meetings are usually held by telephone or video conference (e.g. via Skype or WhatsApp).

(4) The board has a quorum if at least two members attend the board meeting. The decision-making process is decided by the majority of the valid votes cast. In the event of a tie, the first chairman decides.

(5) The resolutions of the board of directors are to be recorded and made available to the other board members in text form (e.g. by sending them by e-mail or WhatsApp or by uploading them to a cloud). The record is valid without a signature. The minute taker is appointed at the beginning of the meeting.

§ 13 Tasks of the General Assembly

The General Assembly is responsible for decisions in the following matters:

a) Amendments to the Articles of Association and new versions of the Articles of Association,

b) the determination of membership fees,

c) the appointment of honorary members and the exclusion of board members from the association,

d) the election and dismissal of the members of the Executive Board,

e) accepting the annual report and approving the actions of the Executive Board,

f) the dissolution of the association.

§ 14 Convocation of the General Assembly

(1) At least once a year, the board of directors shall convene an ordinary general assembly. The convocation is made in writing (e.g. by letter) or in text form (e.g. by e-mail). There must be at least four weeks between the day of the convocation or its dispatch and the day of the general assembly, whereby the day of the convocation and the day of the assembly are not counted. The invitation is deemed to have been sent when it is sent to the last email or postal address provided.

(2) The agenda is set by the Executive Board. Each association member can request an addition to the agenda from the board in writing (e.g. by letter) or in text form (e.g. by e-mail) no later than one week before the general meeting. The Board of Directors decides on the application. The general assembly decides with the majority of the valid votes of the members present about motions for the agenda that have not been taken up by the executive board or that are made for the first time in the general assembly; this does not apply to motions that involve a change in the statutes, changes in membership fees or the dissolution of the association.

(3) The board of directors must convene an extraordinary general meeting if the interests of the association require it or if at least 10% of the members do so in writing (e.g. by letter) or in text form (e.g. by e-mail) at request the purpose and the reasons.

(4) The general meeting can take place either in person or virtually. The Executive Board decides on this at its own discretion and informs the members of this in the invitation. The regulation of § 32 paragraph 2 BGB remains unaffected. Virtual general meetings take place in a member-only chat room (e.g. via Skype).

§ 15 Resolution of the General Assembly

(1) The general meeting is chaired by the first chairman, if he is unable to do so, by the second chairman, if the chairman is unavailable, by another board member.

(2) The general meeting has a quorum if at least one third of all association members are present. If there is no quorum, the board is obliged to convene a second general meeting with the same agenda within four weeks. This is quorate regardless of the number of members present. This is to be pointed out in the invitation.

(3) The General Assembly decides with the majority of the valid votes cast. Abstentions are treated as invalid votes.

(4) Decisions on changing the statutes, changing the purpose or dissolving the association require a three-quarters majority of the members present.

(5) A record of the results of the general meeting and the resolutions passed must be prepared, which must be signed by the minute taker and the chairman of the meeting. The minute taker is appointed by the chairman of the meeting at the beginning of the meeting.

§ 16 Elections

(1) Elections may only be held if they are included in the agenda and announced with the invitation.

(2) Elections are chaired by the first chairman, if he is unable to do so, by the second chairman, if both chairmen are unavailable, by another board member.

(3) Elections are open, usually by show of hands. Upon request, the general assembly can decide, with a three-quarters majority, to carry out a secret election.

(4) Before the election, the candidates introduce themselves and answer questions. Before the election, they are to be asked whether they want to maintain their candidacy.

(5) An absentee can be elected if the Executive Board has received a declaration (in writing or in text form) that the absentee would accept the service.

(6) Whoever has more than half of the valid votes cast (absolute majority) is elected. Abstentions are treated as invalid votes. If no applicant achieves the absolute majority of votes in the first ballot, a second ballot takes place. New applicants can be suggested here. If there is still no absolute majority of votes, a run-off election is held between the two candidates with the highest number of votes. If a result is not achieved in the run-off due to a tie, the lot decides. The Electoral Officer draws the lot.

Section 17 Liability

(1) Volunteers and officers or officials whose remuneration does not exceed EUR 720.00 per year are only liable for damage to members and the association that they cause in the fulfillment of their honorary work, for intent and gross negligence.

(2) The association is not liable to the members internally for damage caused by negligence which members suffer from participation in association events, insofar as such damage is not covered by the association's insurance.

§ 18 Data protection

(1) In order to fulfill the statutory tasks of the association and the obligations, the following personal data of association members are stored digitally in the association in compliance with the legal requirements of the Federal Data Protection Act (BDSG): name, address, telephone number, e-mail address, date of birth, bank details, voluntary information to the causative drug etc.

(2) The digital recording of the data takes place under the condition that the members agree with the declaration of membership.

(3) The organs of the association, all employees or other persons working for the association are prohibited from processing, disclosing, making available to third parties or otherwise using personal data without authorization for purposes other than the purpose of fulfilling the respective task. This obligation continues even after the member has left the association.

(4) In order to exercise statutory membership rights, the board of directors can grant members access to the list of members upon request, against written assurance that the addresses will not be used for other purposes, if they demonstrate a legitimate interest.

(5) Upon termination of membership, personal data, insofar as they relate to cash transactions, are stored in accordance with the periods determined by tax law.

§ 19 Dissolution of the association

(1) The dissolution of the association can only be decided in a general assembly convened specifically for this purpose.

(2) In the dissolution meeting, the members appoint the liquidators, who then have to handle the current business.

(3) The assets remaining after the dissolution or abolition of the association or the cessation of tax-privileged purposes shall go to the Institute for Drug Safety in Psychiatry e. V. (registered at the District Court of Munich under the registration number VR 17342).

(4) The above provisions apply accordingly if the association's legal capacity has been withdrawn.

§ 20 language regulation

If the female or male language form is used in the text of the statutes or in the regulations of the association for function designations, then all offices can be occupied by women and men regardless of this.