Official handover
Question
A member of our association's committee has tendered his resignation, as he is moving away from the area. However, only around 18 months of the four-year term of office have passed. Is it actually permitted for this individual to step down? Where necessary, is the committee itself able to define a new member prior to the next general meeting so that it remains able to perform its function?
Answer
It often occurs that a committee member is unable or does not wish to complete his or her term of office. Committee members also have the right to withdraw from the association. Should a committee member step down at the end of an association year, by-elections usually take place at the next general meeting.
If a committee member stands down during the course of the year and their absence is manageable, it is possible to wait until the next general meeting. However, if the committee is urgently relying on a replacement so that it can continue its business, it is beneficial if the articles of association allow for so-called co-optation. This means that the committee itself can hold a by-election. The corresponding article may then, for example, read as follows: "Vacancies that emerge during the course of a business year can be re-filled by the committee itself prior to confirmation by the general meeting". If this option is not provided for in the articles of association, the committee can hold elections at an extraordinary general meeting. Or it has to see how it can get things done without a replacement. In any case, it is the responsibility of the departing committee member to ensure the careful handover of official business.
Question
I have been a member of an association committee for several years. I would now like to hand over this honorary office. What is the right way to go about this? Is it enough to inform the committee in writing that I will no longer be standing for election at the next general meeting?
Answer
Generally speaking, you have the right to leave the committee at any time. It is ideal for everyone involved if you announce your resignation as early as possible. As you were elected by the general meeting, your resignation must also be communicated to the association's members via the committee. You are in a better position to judge for yourself whether you should announce your planned resignation directly at the next committee meeting - to be recorded in the minutes - or whether it would be better in terms of timing to write a letter of resignation. There are no requirements as regards form. When a committee members resigns, it is good for the committee and the association to learn what the reasons for this decision were and, where applicable, to get tips for the successor. It is also certainly appreciated if, upon request, you continue to make yourself available for the handover and the induction of your successor in their new role.
Responsibility for finding a successor lies with the remaining committee members. This means that you should feel no obligation to find your replacement yourself.
