In interpretation of and as amendment of the Articles of Association the following Regulations of the Arbitration and Disciplinary Committee have been passed:
R E G U L A T I O N S O F T H E A R B I T R A T I O N
A N D D I S C I P L I N A R Y C O M M I T T E E
Article 1 Responsibilities
(1) The Arbitration and Disciplinary Committee is responsible for disciplining members who act in violation of the Articles of Association and/or Examination Regulations and decides on any factual and professional issues in question (Article 12 of the Articles of Association).
(2) Unless otherwise specified hereinafter, the term „ Committee“ stands for the „Arbitration and Disciplinary Committee “.
Article 2 Proceedings
(1) The Committee shall take action at the request of an ordinary member or of the Board (Article 12 Paragraph 2 of the Articles of Association).
(2) As a rule, the proceedings shall be conducted in writing.
(3) If the Committee deems it necessary to hold an oral hearing, the member involved shall be summoned by registered letter or in electronic form with proof of delivery with two weeks' notice.
(4) A written record of the oral hearing shall be kept and signed by the Committee members.
Article 3 Written Form
(1) The persons involved must present their case in writing, stating reasons and a brief statement of the issue.
(2) Pleadings can be submitted by post or electronically. At the request of the Committee, the original evidences must be submitted.
Article 4 Legal Hearing
The persons involved shall be guaranteed a legal hearing.
Article 5 Privacy
The Committee shall deliberate in private.
Article 6 Sanctions
The Committee can decide on the following measures:
1. caution,
2. reprimand, which is associated with conditions,
3. temporary or permanent withdrawal of the membership rights, in accordance with Article 5 Paragraph 1 No. 6 or No. 7 or both numbers of the Articles of Association,
4. expulsion from the Society.
Article 7 Decision
The decision of the Committee is to be served on the person involved in writing, stating the reasons leading to the decision.
Article 8 Appeal
(1) The involved member shall have the right of appeal to the Meeting of Members within a period of one month as of the date of service of the decision (Article 9 Paragraph 2 of the Articles of Association). The decision of the Meeting of Members is final.
(2) The Committee may allow the appeal to be made to an extraordinary Meeting of Members. If this possibility is used, it is to be understood as a recommendation to the Board to exercise its rights as specified in Article 9 Paragraph 3 Sentence 1 of the Articles of Association.
(3) The appeal is to be sent to the Committee and the reasons for it are to be presented within one further month.
Article 9 Publication
(1) The decisions of the Committee are to be made known to the other members of the GFS in a suitable manner.
(2) In the case of a decision in compliance with Article 6 No. 3 or No. 4, the data of the respective member shall be temporarily or permanently deleted from the homepage of the company.
Article 10
(1) The proceedings are free of charge.
(2) A member who has lost the case or against whom a decision has been passed has only to repay the actual costs incurred by the Committee members, witnesses and experts as a result of the proceedings, in compliance with the terms of the German law on Compensation for Witnesses and Experts.
(3) In the case of a settlement, the Committee shall determine the proportions of compensation to be paid by the parties involved, in accordance with Paragraph 2.
(4) The decision on the payment of compensation is to be taken subsequent to the decision on the main issue.
(5) The compensation is to be remitted to the Treasurer of the Society.
(6) In the case of delay of payment or if the member does not possess the amount to be paid, the Society will advance the required sum to the member subject to Paragraph 2. The member owing the compensation which is due for payment shall be charged interest.
Article 11 Other Provisions
(1) If necessary and at the discretion of the Committee, the pertinent regulations of the Judicature Act (GVG), the Code of Civil law Procedure (ZPO) and Code of Criminal law Procedure (StPO) shall be applied in analogy.
(2) If circumstances make it necessary to appoint a member to stand in for another, the order shall be decided by drawing lots.
Article 12 Procedural Rules
The Arbitration and Disciplinary Committee shall devise Procedural Rules, which are to be submitted to the board for information (Article 12 Paragraph 3 of the Articles of the Society).
Article 13 Validity
(1) These Rules of the Arbitration and Disciplinary Committee come into force on the day on which they were resolved.
(2) Older or conflicting rules are no longer valid.
Mannheim, 13 June 1987
changed on 26 May 2005
changed on 31 May 2018
( Dr Michael Rieß ) ( Benedikt Armbruster ) ( Beate Rücker-Fuchs )
President Vice-President Secretary
