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Statutes of The Danish Association of Litigation Attorneys
(Foreningen af Procedureadvokater)
1. Name and purpose
The name of the Association shall be "Foreningen af Procedureadvokater".
The purpose of the association shall be to bring focus on the professional qualifications of the members and to provide ongoing development of the professional level of the members in the area of litigation.
The purpose of the Association shall be attempted to be fulfilled via the activities stated below:
- The Association shall provide information on the special qualifications of the members in court litigation, including the operation of a website for the purpose of marketing the qualifications of its members.
- The Association shall make itself available as a link between our members, the court and the institutes of arbitration in order to enable exchange of experience which may result in further development and improvement of the litigation process.
- The Association shall be a forum for exchange of experience between the members.
- The members of the Association shall have access to relevant supplementary education in the form of seminars, courses, etc. held by the Association or others in areas which are assumed to be relevant for the members.
- The Association may assist the general associations of Danish attorneys which exist from time to time by presenting statements within the scope of the purpose of the Association.
- The Association may participate in the public debate on questions within the scope of the purpose of the Association.
2. Membership
All attorneys/trainee attorneys with particular interest in and knowledge about litigation law and procedure, including arbitration, may admitted as members of the Association.
Admission and resignation from the Association shall occur by contacting The Association of Danish Law Firms.
Resignation shall occur in writing and may only take place as per 1 January subject to one month’s notice.
The rights of a member are revoked when his/her membership fee is overdue.
3. Expulsion of members
If a member has committed material breach of the present statutes, the code of conduct for attorneys or legislation in general, including in particular in the area of litigation, the committee may expel the member from the Association. This provision shall also apply if the member's right to practice law is revoked by the Danish Bar and Law Society (Advokatnævnet).
If a member denies that the conditions of expulsion are present, the matter shall be determined finally by arbitration. The arbitration tribunal include an attorney appointed by the committee, an attorney appointed by the claimant and an umpire appointed by the Danish Association of Judges (Den Danske Dommerforening). The umpire shall be a judge. The complaint shall only have a delaying effect if the complainant has requested arbitration no later than 14 days after receipt of the decision.
4. Administration, home court and binding authority
The administration of the Association and the operation of its website shall be carried out by the committee or by the secretariat of The Association of Danish Law Firms. The committee shall have authority to have administration be carried out via the Association of Danish Law Firms in accordance with a cooperation agreement between the Association and The Association of Danish Law Firms stating the details of the scope and performance of the tasks.
The registered address of the Association shall be with The Association of Danish Law Firms, Copenhagen.
The Association shall be bound by the signature of the chairman or the vice chairman together with the signature of another committee member.
In decisions concerning attorneys which are of a political nature, the committee shall only make public statements subject to previous agreement with The Association of Danish Law Firms.
5. The committee
The committee consists of 4-6 members of the Association. The committee shall elect its own chairman and vice chairman, treasurer and other functions immediately after the annual general meeting. The committee shall establish its own rules of procedure.
The committee may appoint any relevant sub-committees.
The committee shall be quorate when 3 or more members including the chairman or the vice chairman are present. In case of equality of votes, the vote of the chairman – or in his/her absence, the vice chairman – shall be decisive.
Committee meetings shall be held when the chairman considers it necessary or when requested by minimum two committee members.
6. General meeting
The committee shall summon the members of the Association to the general meeting, which is to be held every year before 1 June. The general meeting shall be called by standard letter or e-mail to the members and be held at the address notified to the committee/The Association of Danish Law Firms.
The general meeting shall be summoned subject to minimum four weeks' notice.
The agenda for the general meeting to be included with the invitation to all members shall include the following items:
1 1. Election of chairman of the meeting
2 2. The committee's report
3 3. Presentation and adoption of accounts
4 4. Presentation and adoption of the committee's proposed budget and membership fee for the following year
5 5. Election of committee members up for (re-)election
6 6. Election of auditor and alternate auditor
7 7. Proposals submitted
8 8. Any other business
Committee members are elected for a two-year period. Re-election may take place.
Proposals to be discussed at the annual general meeting shall be submitted to the secretariat of The Association of Danish Law Firms before 1 March. If proposals are submitted for discussion at the general meeting at a later date, these shall also be forwarded to the members along with a revised agenda no later than two weeks before the general meeting.
Voting may take place by power-of-attorney at the general meeting. However, each attending member may only vote with one power-of-attorney.
Extraordinary general meetings shall be summoned with 14 days' notice based on a decision of the committee or a request by minimum 1/5 of the members.
7. Decisions
Decisions at the general meeting shall be made by simple majority voting. Amendment of the statutes or dissolution of the Association requires that the proposal is adopted by minimum 2/3 of the members represented.
8. Membership fee
A fee shall be payable for membership of the Association. The committee shall determine the membership fee for the year of establishment. Subsequently, the membership fee shall be determined by the general meeting based on the recommendation of the committee.
The membership fee shall cover one calendar year at a time.
9. Liability
The liability of the Association for its obligations shall be limited to the funds belonging to the Association at any given time. The members of the Association or the committee shall not be personally liable in any respect.
10. Accounts and audit
The Association shall be an independent association and it shall prepare its own individual accounts. The accounting year shall follow the calendar year.
11. Discontinuation
In case of discontinuation of the Association, any funds shall be applied in accordance with the purpose according to the specific directions of the Council of the Danish Bar and Law Association.
If the membership of the Association is reduced to less than 10 members, the Association shall be dissolved by a committee decision.
12. Commencement
Amendments to the statutes shall commence on adoption at the general meeting 31 March 2011. |
