Replacement of the committee

Question

What are the consequences if it is not possible to fill the seat of the chairperson during the elections at the next general meeting?

Answer

Even if the seat of the chairperson is temporarily not filled as stipulated by the articles of association, this has no legal consequences for the association, provided that the vacancy is not dragging on for years and the association is actively searching for a new chairperson. After all, it is highly unlikely that someone is going to file a complaint for that matter. However, if the vacancy might persist for a prolonged period, a corresponding amendment of the articles of association should be considered. The same applies to other vacancies on the executive committee.

During the vacancy, it is important to distribute the tasks among the committee members effectively, according to the available time and professional interests of each member. A contact person should be appointed for internal and external issues (a function which is usually assumed by the chairperson). For the public, it must be clear who to contact by telephone or in writing.

Of course, the signatory rules must be modified, too.

The vacancy can also represent an opportunity. The position of chairperson might become more attractive for potential candidates if the responsibilities of the executive committee are shared among several committee members. Members can be mobilised to provide occasional support or the position of a co-chair can be introduced. During the transitional period, a new culture of cooperation might emerge.