Hi Andreas & all,

On 8/31/20 9:06 PM, Andreas Mantke wrote:
Hi Uwe, all,

Am 29.08.20 um 06:39 schrieb Uwe Altmann:
Hi Andreas

Am 28.08.20 um 08:18 schrieb Andreas Mantke:

(...)
b) What is your personal take on a 'cooling down' periode between being
a member of leading bodies of the foundation, regarding the first
sentence in the statutes § 12?
This seems only of interest in case a member of the BoD wants to get a member 
of the MC to prevent or influence a pending lawsuit against himself.
It is surely desirable to have prevented such a possibility by our statues - 
but nothing is perfect. And some kind of self-commitment will not prevent such 
a case.
On the other hand the time schedule of the board and mc elections is a bit 
cumbersome for such an operation.

Maybe a look into the second sentence of § 12 is also of interest here.
The MC initiate and supervise the board elections.

a) Could lead to a conflict of interest?


It is hard to say 'never' to such things with many aspects, but I can't think of a general case right now. One needs to resign from the MC before nominating for the BoD elections, and he/she is out of the MC loop immediately. And it is no longer possible to have an effect on the election process any more.



b) Is not showing solidarity (if MC membership is canceled or
suspended), because more work on less shoulder?


It depends. In terms of the number of the MC members, role of the resigning member etc. But I wouldn't expect it to have any significant effect on the process of the BoD elections. It is mostly an automated/technical process.


Regards,
Muhammet



Regards,
Andreas







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