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Constitution of European Association of Jing Fang TCM

 

Chapter 1 : Name and Venue

The Association is called the European Association of Jing Fang TCM, formally abbreviated as “JFTCM“. The Assocation is registered at the Frankfurt District Court in Germany, therefore the name is completed with the suffix e.V. 

 

Chapter 2 : Purpose 

The Assocation focuses on the education, support and implementation of CPD (Continual Professional Develpoment) through conferences and training courses in Chinese Medicine, specifically the principles and theories of Jing Fang.

To achieve the stated objectives we will work on the following areas;

1)To promote and improve comminucations between practitioners, by creating a website to provide an academic exchange forum.

2)To establish and strengthen the public relationship between the Associaiton and other training organisations, clinics and the general public.

3) To organize academic exchange activties between practitioners from China and Europe, in order to promote and encourage Jing Fang practice in Europe. 

 

Chapter 3 : Properties

1. The Association is an non-profitable charity.

2. The Association is independent, remaining neutral with regards to politics and religion.

3. The Association does not seek economic gain.

4. The capital expenditure is relevant to the promotion and growth of the Association. 

 

Chapter 4 : Membership

1. Everyone who would like to learn Chinese Medicine for the purpose of their profession and development is welcome to join the Association.  Membership applications must be submitted in writing, via e-mail. Memebership of the Association signifies acceptance of the terms and conditions of the Association. 

 

2. JFTCM has four categories of members;

 

(1) Professional Member: Professional members have to be either a qualified practitioner, covered by relevant insurance, or a member of a professional body.  All applications will have to be approved by the Council.  Professional Members will receive recognition and encouragement from the Association, as well as professional recommendations.  Professional members have the right to vote at the General Assembly.

(2) Ordinary Member: Ordinary members are those studying Chinese Medicine to expand and enhance their personal development, but do not meet the full Professional membership criteria.  Ordinary members will have the same formal membership rights as Professional members, however they will not receive professional recommendations from the Association.  Ordinary members have the right to vote at the General Assembly.

 

(3) Honorary Member: The Council has the option to invite reknowned Professors and scholars to become Honorary members of the Association in a consultant capacity, to assist and develop the Association. Honorary members do not need to pay membership subscription fees, nor do they have the right to vote at the General Assembly.

 

(4) Sponsor Member: Individuals, groups and companies can support and assist the Association to help achieve the objectives of vocational and academic research through sponsorship.  Sponsor members do not have the right to vote at the General Assembly.

 

3. All members, except Honarary members, will have to pay the relevant membership fees. The value of the fees will be determined at the General Assembly and will vary according to membership category. 

 

4. Termination of membership will apply in the following circumstances;

- Death of the member

- Withdrawal from the Association by the member 

- Expulsion by the Association of the member

 

5. Written notification of intention to withdraw from the Association must be received by the Council at least three months prior to the end of the membership period. The Council of the Assocation retains the authorisation to expel any member of the Association who has breached the obligations of the membership. 

 

6. All members are obliged to inform the Association in writing of any change of personal details, including, but not limited to name, address, contact number and email address.

 

Chapter 5: Structure of the Association

The Association is constituted by the General Assembly and the Council.

 

Chapter 6: General Assembly

1. The General Assembly is held every two years. In addition, the General Assembly must also be convened if requested by at least one third of members in writing.

2. The Assocation office will issue an invitation letter to all of members at least two weeks in advanceof the General Assembly date.

3. The General Assembly must be chaired by one Council member, with written minutes of the meeting taken.  A clerk will have to be elected by the members of the General Assembly and minutes must be signed by both the chaired Council member and the clerk.

4. Irrespective of the number of members present, any General Assembly convened will constitute a quorum.

5. Any General Assembly resolution will have to gain acceptance by more than 50% of the attending members with voting rights.  Any change of the Assocations’ constitution and attributes must be agreed by at least three-quarters of the attending members with voting rights.

6. Each member attending the General Assembly with voting rights has one vote. 

7. The purpose of the General Assembly is;

• Authorisation of the agenda.

• Authorisation of the annual report.

• Approval of the audited accounts.

• The election of Council members.

• The election of the Finance Examiner.

• Organising future activities of the Association and financial planning.

• Confirmation of future contributions.

• Agreement of any amendments to the Association constitution. 

 

Chapter 7: The Council

1. The Council is the executive organisation of the Association.

2. The Council of Ministers comprise of the President, the Deputy President, the Secretary-General, and the Chief Financial Officer. 

3. The legal representatives of the Association are the President, the Deputy President and the Chief Financial Officer.  At least two of them have the legal right to represent the Association. 

4. The Council members are elected by the General Assembly for a term of two years and may be reappointed.

5. The Council resolution is agreed by a simple majority vote and each member of the Council has one vote.

6. The Council may develop a supplementary constitution of the Association and also the financial guidelines.

 

 

Chapter 8:  The Honorary President

1.The General Assembly can elect a Honorary Members to stand as the Honorary President.

2.The Honorary President can represent the Council, therefore having an ardent effect upon the decisions made by the Association.

3.The Honorary President does not have any legal right to the Association and the title will automatically be dissolved upon termination of membership of the Association. 

 

 

Chapter 9: Council Resolution

Under normal circumstances, the Council resolutions are via by Council meeting;

1. Voting procedure of the Council can refer to Chapter VI of the Constitution and Article 4 and 5. Any properly convened Council meeting (notified in advanced through either council group webchat meeting or group emails, are all treated as vaild council meeting)will constitute a quorum, regardless of the number of members present. Voting session will be made to more than half through and people does not vote will be treated as absent

2) Every Council member may convene a Council webchat meeting and the convener is responsible for topic proposals and Chair of the meeting.  The convener will be responsible for recording the minutes and emailing to all of the Council members as record. Webchat group meetings should be proposed one week in advance and if more than 50% of council members cannot attend then the concener should suggest another time.  Any members that do not respond will be noted as absent. 

3) Every Council member may submit any topic to the Council members to discuss by email, which the convener should nofity to the group via the forum.  

4) Without prior agreement by the Council, no member has the right to sign any contract, hire staff, apply for credit card loans, purchase or sell land or buildings on behalf of the Assocation. Credit card loans will require the approval of all of the Council members and the Chief Financial Officer.  The credit card limit will have to be discussed and agreed by the Council, then recorded in the Financial Rules in writing. 

 

 

Chapter 10: The Secretariat

1. The Secretariat is a permanent executive body, under the leadership of  the Secretary-General.

2. The Secretariat shall consist of the Secretary-General, the Deputy Secretary-General and a Secretary.

3. The Secretary-General is nominated by the Deputy President and appointed by the President.

4. The Deputy Secretary-General and Secretary are nominated by the Secretary-General, then appointed by the President.

5. The Secretariat is under the leadership of the Secretary-General, responsible for tasks entrusted to the Council, including, but not limited to registering members, organising events and the collection of membersip fees.

 

Chapter 11: Financial Management

 

1. The Assocation is funded by membership fees and donations.

2. The Assocation does not seek to make profit.

3. The Assocation funds can only be used for the purposes of the Assocaiton’s activities. Members or individuals can not get financial support from the Association.

4. Members of the Association will not make personal financial gain through the funds obtained. 

5.The exceptions to this are based on 3 Nr. 26a ESTG (Terms of subsidies for paid work or attendance allowance).  The amount of the subsidy is determined by the General Assembly.

6. The Association can employ lecturers on part time basis and offer recompense based on 3Nr. 26s ESTG. The amount of the recompoense is determined by the General Assembly.

 

 

Chapter 12: Financial Auditor

The Financial Auditor cannot be a Council member and will be elected within the General Assembly for a term of two years. The auditor is responsible for the accuracy of audited accounts at the end of the year (the content and scope of the detailed provisions are provided in the financial rules). The Financial Auditor must report their results at the next meeting.

If the Financial Auditor could not complete the work, for any reason, the Council may appoint an interim Financial Auditor, until the next General Assembly to elect a new Financial Auditor.

 

 

Chapter 13: Disbandment of the Association

1.The disbandment of the Assocation can only take place if over 75% of members with voting rights, present at the General Assembly, vote in favour of a dissolution.

2.The dissolution procedure should be acted upon by the Council members.

3.Following disbandment of the Association any remaining assets will be transferred to a corporate body or other non-profit organisation.

 

Chapter 14: Constitution Effectiveness

 

All members agree that the principles of the Constitution take effect from the date that registration to the Association commences.