ENUSP: Statutes in English translation

At that moment the appearer, acting as aforementioned, declared to stipulate the articles as following:

Name, Residence, Duration
Article 1

The federation is called: European Network of (ex-)Users and Survivors of Psychiatry.
The federation resides in Utrecht in the Netherlands.
The federation is established for an indefinite period.

Aims
Article 2
The federation addresses current or former inmates of psychiatric institutions (further on called "(ex-) users and survivors of psychiatry") and their organisations and favours a) charitable purposes in the sense of § 53 "Aims favoured by the tax law" of the German tax law and b) the public health care.

The aims of the federation are:
- to define, promote and improve the rights of (ex-)users and survivors of psychiatry in Europe for example by co-operation with programs for equal opportunities run by the European Commission and by co-operation with other non-profit organisations.
- to create and support new alternative programs to the conventional psychiatric system for example by supporting mutual exchange of experiences of organisations which run alternative programs to the conventional psychiatric system and by dissemination of the profit of alternative programs on a European level.
The federation tries to achieve these aims by, among others:
1. supporting autonomy of (ex-)users and survivors of psychiatry and their responsibility in making their own decisions for example by supporting mutual exchange of experiences of profits and limitations of advanced directives.
2. offering (ex-)users and survivors of psychiatry a means to communicate with one another, for example by newsletters, mailing-lists and participation at congresses, so that they may exchange opinions, perspectives and experiences and so that they can support each other most effectively in their personal, political and social struggle against isolation, injustice and stigma.
3. contesting any kind of discrimination towards people who are, or who have been, subject to the psychiatric system for example by co-operation at non-discrimination programs of the European Commission.
4. supporting the development of organisations of (ex-)users and survivors of psychiatry in all European countries by mutual exchange of experiences.
5. influencing policy making institutions on a European level, with an emphasis on legislation, human rights issues, de-medicalising psychiatry and supporting alternatives to conventional psychiatry for example by advising the European Commission and the European section of the WHO.

The federation is opposed to any unilateral approach to and stigmatisation of mental and emotional distress, madness, human suffering and unconventional behaviour.
Where the term (ex-)user and survivor of psychiatry is used, it refers to people who are or who have been recipients of psychiatric services, according to their own definition.
The federation does not intend to make profits.

Charity and non-profit-making
Article 2a

The federation practises exclusively and directly non-profit-making purposes in the sense of the chapter "Aims favoured by the tax law" of the German tax law. The federation is acting selfless. Funds of the federation have to be used for purposes in accordance with the statutes. The members do not receive financial contributions from means of the federation. No person is allowed to be favoured by expenses, which are not in the accordance with the purposes of the federation, or by unusually high reimbursements.
In case of the dissolution of the federation or in case of ending the aims which are favoured by the tax law, the fortune of the federation falls to the "German Association of (ex-)Users and Survivors of Psychiatry" or to another non-profit federation. This federation has to use the fortune exclusively and directly for non-profit-making purposes, which are favoured by the tax law.

Membership
Article 3

Individuals, national and European based organisations of (ex-)users and survivors of psychiatry may apply for membership as well as mixed organisations with a considerable number of (ex-)users and survivors of psychiatry. Only the (ex-)users and survivors of psychiatry are entitled to influence the policy of the federation.
Applications for membership shall be considered for approval by next meeting of the board after application.
There is a maximum of 3 members per country.
The board may consult similar organisations and individuals of the region concerned before approving/disapproving the application.
In countries where no organisations of (ex-)users and survivors of psychiatry exists, or where those organisations are not members of the federation, individuals may become members.
Organisations are obliged to lay down their level of democracy. Applications for membership have to be send to The European Desk.
If the board approves or rejects an application, the General Assembly shall have the opportunity to overrule the decision of the board.

Admission
Article 4

Organisations applying for membership shall include a description of their level of democracy.
Applications shall be sent to The European Desk.
Applications for membership shall be reviewed and considered for approval at the next meeting of the board after application. Similar organisations of the concerned region must be consulted, as well as the member of the board that represents the region concerned.
The board can accept individual people as members from countries where no organisations of (ex-)users and survivors of psychiatry exists or if such an organisation does not participate in The Network.

Termination of Membership
Article 5

Membership comes to an end:
1. By the death of a member.
2. By liquidation of the member(organisation).
3. If a member resigns from the federation.
4. By termination by the federation. This may occur if the member does not abide by the statutes of the federation, does not meet his or her obligations and also if the federation cannot reasonably be expected to continue the membership.
5. By dismissal. In case a member acts contrary to the statutes, rules or decisions of the federation or harms the federation in an unreasonable way.
Termination in the name of the federation is effected by the board.
Termination of the membership by the member or the federation can only occur by the end of the federation year and not later than November 30th. However membership may end immediately if the federation cannot be expected to continue the membership.
Termination contrary to as stipulated in the previous paragraph makes the membership terminate on the earliest date possible following the ordinary date.
A member is not entitled to exclude a decision by which the financial obligations of the members are made heavier, by virtue of such termination of his membership.
Dismissal is effected by the board.
If termination or dismissal is determined by the federation a written statement describing the reasons of termination shall be sent to the member as soon as possible. The member may submit a written appeal to the General Assembly. For the time between the termination by the board and the decision of the General Assembly the member is suspended from membership.
If the membership terminates in the course of the year, full yearly contribution remains liable.

Composition of the Board
Article 6

The board is composed of a minimum of five people, who are elected by the General Assembly through regional nomination. Election or re-election takes place out of (ex-)users and survivors of psychiatry and people 18 years old at least.
The Chair and his/her Deputy are elected in function by the General Assembly.
The board nominates remaining boardmembers.
In both the nomination and the election process, a gender balance shall be achieved.
The board can nominate from their midst a deputy for each board member. A board member may assume more than one function.
The delegates of each of the appointed regions shall elect the remaining boardmembers. These boardmembers nominate the Deputy Chair from their midst.
The delegates of each region shall choose a deputy board member, who may take over the responsiblities of such board member if so indicated.
Only (ex-)users and survivors of psychiatry shall be boardmembers. Board members may serve a maximum of three consecutive terms.

End of board membership, periodical membership, suspension
Article 7

Every board member, including when appointed for a limited period of time, may be dismissed or suspended by the General Assembly. A suspension which is not followed by a dismissal within three months, ends by the course of that term.
Membership may end:
- at the end of the term in which the boardmember was elected;
- by resignation of the boardmember;
- as a result of being discharged by the General Assembly;
- in case of being committed or bankruptcy;
- by the member's death.
Every boardmember retires not later than three years after his appointment. The retiring boardmember is immediately eligible for re-election. A boardmember assuming the responsibilities of a predecessor shall do so only for the remainder of the term of the predecessor.
Suspensions, discharges and resignations must be done by registered mail.
Boardmembers must be (ex)patient and 18 years old at least.
Boardmembers shall not receive salaries; they may receive expenses allowances to accomplish their activities. Any payment of expenses shall be a unanimous decision of the board.

Boardmember Functions
Article 8
Bylaws may give further rules according to meetings and decisionmaking of the board.

Task of the Board – Representation
Article 9

The board is responsible for:
- a written notification of the General Assembly to all members as is described in article 15
- the agenda
- a report of the proceedings
Except for the limitations stated in the statutes, the board manages the federation and is responsible for the realisation of the aims just as decided by the General Assembly.
If the number of boardmembers drops under five, the board remains competent. However, the vacancy must be filled as soon as possible.
The General Assembly chooses a Deputy Chair, who will take over the responsibilities of the Chair whenever the Chair so decides.
The board may make decisions concerning agreements to obtain, to alienate, and to encumber registered property. However, the board cannot agree contracts in which the federation might become liable as a surety for the debt of a third party.
The federation may be represented in and outside a court of law by:
1. the board;
2. the Chair, together with another boardmember.
The board can give a general or a special authorisation to one of the boardmembers to represent the federation. Such authorisation shall be registered in the register of the federation at the Chamber of Commerce where the federation is registered.

Chairship – Minutes
Article 10

The board shall meet twice yearly as a minimum. The Chair or at least two other board members may call a meeting. The Chair or the board members concerned shall convene the board members by giving a minimum of seven days advance notice, excluding both the date of the meeting and the date of the meeting's announcement. Notice of a meeting should include the proposed agenda of the meeting. The secretary of the European Desk and the editor of the Newsletter should also be invited to attend.
The Chair of the board chairs the boardmeetings. When absent the board appoints one of its members to chair the meeting.
The secretary of the board or a person designated by the Chair shall record minutes of every meeting. These minutes shall be confirmed as a true record and be signed at the next board meeting.

Board-Decisionmaking
Article 11

The board may only make decisions if the majority of its members(quorum) is present. If a quorum is not present, the members of the board who are present may decide to convene a new meeting in accordance with Article 10. This meeting should be held at least fourteen , but no more than twenty-eight days, after the first meeting. In the second meeting, decisions will only be valid if agreed by at least two thirds of the members present who are entitled to vote.
If the statutes do not stipulate otherwise, the board takes its decisions by a simple majority of votes.
Outside of a boardmeeting, the board may make decisions. However, such a decision may only be acceptable when all boardmembers declare themselves in favour of the decision by written letter, telegram, telex, fax or any other written form of communication.

Annual Report and Accounting
Article 12

The federations year extends from 1st January until 31st December.
The board is obliged to maintain updated accounting records of its property in such a way that its rights and obligations are transparent.
The board presents its annual report and accounting statements in a General Assembly within a period of six months after the year end. If this is not accomplished, the board must present the issue to the General Assembly and request an extension. After expiration of the extended term, any member may demand a copy of the accounting report. The secretary shall present an annual report on the activities of the federation during the past year at the same meeting in which the treasurer will present his/her financial report. In case of approval of the accounting report by the board, the treasurer is discharged.
The annual accounting report shall be audited by an accountant. The board is obliged to provide to auditors all information requested, including bank statements etc.
The General Assembly has the right to adopt the annual reports of the secretary and the treasurer.
The board is obliged to keep the records, mentioned in paragraph 2 and 3, for ten years.

General Assembly
Article 13

The General Assembly has full authority within the federation, including authority beyond the commission of the board according to the law or statutes.
The General Assembly has the authority to establish committees and task forces to execute special tasks. The board or the General Assembly should appoint a survivor or (ex-)user of psychiatry to co-ordinate each committee or task force.
Every second or third year a General Assembly is held as a part of a European Conference or at the written request of at least ten percent of the members. If no action is taken within two weeks, the members calling for the assembly may proceed to convene the assembly themselves in the way as described in article 15.
The General Assembly is composed of delegates from European countries, elected by members of the Network in their own country, with a maximum of three delegates per country.
In special cases the board can limit the number of invited delegates.
The members of each country are responsible for ensuring their delegation is selected in a democratic way.
Only (ex-)users or survivors of psychiatry shall be delegates.
The General Assembly determines the federation work plans and budget for each year.
The General Assembly has the right to approve or disapprove the annual reports from the secretary and the treasurer.
Board decisions may be overruled by the General Assembly.
The General Assembly is responsible for the election of members to the board.
The board manages the federation and is responsible for the implementation of General Assembly decisions.
The General Assembly determines the number of regions in which the represented countries are divided.

Admission and Voting Rights
Article 14

Decisions are determined by a majority vote.
All members of the federation have the right to be present at the General Assembly subject to a maximum of three people per country. Suspended (board) members cannot attend the General Assembly. However, a suspended (board) member has the right to be present at the meeting in which the decision to suspend is considered and is allowed to address such meeting regarding the possible suspension.
The General Assembly decides about admission of other people than the people as described in paragraph 2.
Each member of the federation who is not suspended has one vote. The boardmember who is not a member of the federation has an advisory vote.
A member may designate someone else to vote by written proxy only.

Convocation of the General Assembly
Article 15

General Assemblies are called by the board. The written convocation is sent to the addresses of the members according to the list of members, with a minimum period of at least four months advance notice.
The convocation must include a notification of the subjects to be considered, without prejudice of article 17.

Decision-making by the General Assembly
Article 16

The opinion of the Chair, expressed at the General Assembly is decisive. The same applies to the contents of a taken decision as far as has been voted upon a not written proposal.
However, if immediately after expression of the opinion of the Chair the validity of his/ her opinion is disputed, a further vote takes place if the majority of the Assembly wishes. A new voting also takes place if the original voting did not occur a head or scriptural and a present person entitled to vote demands so. The new voting overrules the original voting.
As far as the statutes or the law do not stipulate otherwise, all decisions of the General Assembly are determined by an absolute majority of votes. Abstentions are considered to be not given votes.
If, in the case of the election of individuals, none of the candidates has gained an absolute majority, or in case of a binding recommendation, a second vote between the recommended candidates, takes place. If again nobody has got absolute majority, revotings take place until either one person has got absolute majority or voting between two people has taken place and votes has come to a draw.
At revotings mentioned above (in which the second voting is not included) each time the vote is between the people on whom at the preceding vote a vote has been taken, except the person to whom at that preceeding vote the smallest number of votes has been given.
If at that preceeding vote the smallest number of votes has been given to more than one person, it is decided by lot to whom of those people no votes can be anymore at the revoting.
If, in case of a vote between two people, the votes are equally divided, it is decided by lot, which of both people has been elected.
When votes on a proposal, other than on individuals, are equally divided, the proposal is rejected.
All votings take place by show of hands, unless the Chair or one of the voting members demands a vote by a confidential (unsigned and closed) ballot. Decisionmaking by acclamation is possible, unless a voting member demands show of hands.
A unanimous decision of all members, even though not fully in attendance at an assembly, has the same legitimacy as a decision of the General Assembly, provided that the decision has been taken with the advance knowledge of the board.
In a General Assembly, as long as all members are present or are represented, legitimate decisions can be taken, provided that they are taken unanimously, concerning all matters coming under discussion - therefore also a proposal to change the statutes or to dissolution- even though no convacation has taken place or if the letter has not taken place in the prescribed way or if any other regulation concerned is neglected.

Changing the Statutes
Article 17

No changes can be made to the federation's statutes nor can the federation be dissolved without a decision of a General Assembly, convened specifically for either purpose. The term to convene such a meeting is at least two weeks in advance.
Those who have made the appeal to the General Assembly to discuss a proposal to change the statutes, have to make available for perusal for the members a copy of the proposed change in an appropriate location at least five days before the relevant meeting is held. Furthermore a copy as meant above, must be sent to all members.
For a decision to change the statutes at least two thirds of the votes is needed in a meeting in which at least two thirds of the members are present or represented. If two thirds are not present or represented, a second meeting will be convened and held within four weeks after the first in which a decision on the proposal can be made regardless of the number of present or represented members, provided that the decision is taken with a majority of at least two thirds of the votes.
A change of the statutes will not come into force, unless it has been notarised. To have the deed been drawn up, every board member is authorised.
The boardmembers are obliged to deposit in the office where the federation registers are:
1. an authentic copy of the changing of the statutes;
2. the changed statutes.
When the General Assembly decides to change the statutes, two boardmembers, acting together, are authorised to sign, on behalf of the General Assembly, the document in which the change of the statutes is recorded.
The board can execute changes of the statutes, which are imposed by financial administrations, chambers of commerce or courts. The members of the association have to be informed about such changes at the next membership assembly.

Dissolution
Article 18

The federation can be dissolved by a resolution of the General Assembly. The regulations of paragraph 1, 2 and 3 of the preceding article are equally applicable.
After the resolution to dissolve the federation the board has to settle the property of the federation, unless the General Assembly has appointed other people to perform this task.
The liquidation has to take place under continuous control according to the demands of the regulation, laid down in section 2: 23 of the Civil Code. The board gives, after the liquidation, a destination to the eventual credit balance that agrees, as much as possible, with the objectives of the federation. After the settlement the annual reports and similar reports of the dissolved federation must be kept by a custodian, who has been designated for that purpose by the board; within a term of eight days after the settlement the custodian must have inscribed his keeping duty in the register of the Chamber of Commerce.

Assets of the Federation
Article 19

The assets of the federation may, among other things, consist of:

donations, subsidies, inheritances and legacies;
membership fee;
the revenues of the federation's activities;
the revenues arising from the assets themselves.

The federation is responsible for good stewardship of the assets.

Bylaws
Article 20

The board can lay down by-laws regarding its own functioning and the functioning of possible committees and task groups.
The by-laws may not be contrary to the law, also if the latter is not compulsory, neither to the statutes.

Stipulation of Non-Discrimination
Article 21

The federation is not allowed to discriminate concerning race, nationality, minority, sex and personal circumstances, and must not express opinions, believe in or carry out actions, political or otherwise, which indicate a preference for any form of sexuality. The federation is not allowed to co-operate with people or organisations, which in their objectives, politically or practically, endorse or practice such discrimination.

Closing Stipulation
Article 22

In all cases which the statutes do not provide for, the board decides. Appearers are known to me, notary.

POWER OF ATTORNEY

The foresaid power of attorney is set out in a private power of attorney document (annexed).

ANNEXES

The following Annexes are attached to this deed: