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Hello Florian,

Am 16.10.19 um 10:33 schrieb Florian Effenberger:
Hello Andreas,

Andreas Mantke wrote:

if there is no mistake in the board-discuss list mail archive, Ilmari
accepted the role as a member of the MC on 2019-09-25 at 10.09 AM. Thus
he was not a
member of the MC during the 2019-09-24.

one could also argue that § 12 II states that deputies automatically
replace members leaving the MC. Accepting the new role is a good
habit, but in any case, none of this does changes the MC decision as
per § 11 II.

First: please decide for the way you want to go and be consequent. Don't
always try to change your rationale. If your new try would be correct,
why you are asking for accepting the role.

In my opinion the association law applies here (because there is no
special rule for foundations available, that is different from the rules
for associations and the statutes also provide no dedicated rule for
this). The membership in the MC is connected with duties. And there is
the rule that nobody could be obligated to do third parties duties. Thus
an acceptance of the role is necessary independent of the way this
acceptance would be declared (if the statutes or the law didn't ask for
a special form).

Thus it is not only a good habit, but necessary.

Kind regards,

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