Statutes (articles of association)
The legal basis and organizational structure of the Eleusis association, which sets out the rules for membership, the board of directors, and charitable activities.
Chapter I - NAME, LOCATION, PURPOSE, AND DURATION
Article 1 - Name and legal form of the organization.
The organization bears the name Eleusis.
Eleusis is a non-profit association governed by these statutes and, for all matters not covered by these statutes, by Article 60 and the following articles of the Swiss Civil Code.
Article 2 - Location
The registered office of Eleusis is located at Hafenstrasse 25A, 4057 Basel, Switzerland.
The registered office of the association may be relocated at any time and to any location, provided that this is on Swiss territory and the general meeting approves the relocation.
Article 3 - Purpose: a public service
Eleusis is a non-profit association operating in Switzerland that focuses on the so-called “psychedelic” movement (from the Greek: “making the psyche visible”). The association is an open network and platform for anyone who wants to exchange ideas and learn more about the following topics: Psychedelic substances and approaches; the history of their use for therapeutic, medical, creative, recreational, and spiritual purposes in our and other cultures; the phenomenon and potential of psychedelic substances in these areas, today and in the future; the development of application practices and protocols, taking into account their individual and societal challenges and implications.
In addition, the association promotes a better understanding of psychedelics by encouraging dialogue and research, particularly in Switzerland. This can lead to recommendations for reducing the risks associated with their use, sharing experiences, and offering support.
The association may also organize events (conferences, debates, film screenings, etc.) related to the above topics. In this way, the association participates in an objective and prudent manner in public discussions and debates concerning the place and status of these substances in our society.
Article 4 - Duration
The association is initially established for an unlimited period.
The financial year is the calendar year, i.e. from January 1 to December 31.
Chapter II - MEMBERS
Article 5 - Types of members
Any natural or legal person who is committed to pursuing the association's purpose and adheres to the charter may become a member.
The association distinguishes between:
Active members: natural persons who participate in the association's activities and are appointed in accordance with the procedure laid down in these statutes.
Passive members: Legal entities may support the activities of the association by paying a freely selectable membership fee and thus become passive members of the association.
Honorary members: Are appointed on the basis of their special commitment and/or a significant contribution to the association and/or its purpose.
Article 6 - Mission Statement (basic principle)
A “mission statement” for members will be created to facilitate the integration of members into the association and its working culture. It is a living document that will evolve based on the needs and realities of the members and the association. Its content could include the following or other elements:
-The vision, goals, and values of the association.
-The rights and obligations of members.
-The code of conduct that each member must adhere to.
-The work culture.
-Rules of procedure explaining how the project groups function.
The procedure for amending the charter is as follows:
At least two active or honorary members form a group on this topic.
The group informs the board and all members about the formation of the group and invites all interested parties to participate.
The project group communicates its proposal for amending the charter to the board and explains what type of decision-making process it considers most appropriate.
The board takes this seriously and decides on how to proceed, e.g.:
• Confirmation of the amendment by the board alone.
• Confirmation by the consent of all members, online or through a general meeting.
• Any other measure that the board deems relevant and appropriate to the situation.
Article 7 - Membership procedure
To be admitted to the association, the applying member must submit a written application for membership to the association. They will then be invited to a meeting with one or more members of the association, who will introduce them to the association's mission statement and activities. In return, the applicant member will share their motivation and how they intend to contribute to the association's goals and activities.
Upon joining, each member commits to respect the statutes and mission statement by signing them.
Article 8 - Member rights
Each member has the right to participate in all events offered by Eleusis.
With regard to voting rights:
Active members have the right to vote, to submit motions, and to be heard by the board and the general assembly.
Honorary members are exempt from all mandatory fees and have the same rights and obligations as active members.
Passive membership does not entitle the member to vote on decisions made.
Article 9 - Members' obligations
Each member is obliged to comply with these Articles of Association and the Association's mission statement in their actions within and on behalf of the Association.
Members must pay their membership fees on time and annually.
Members are solely responsible for any consequences arising from failure to comply with the above obligations, and the Association accepts no liability. In such a case, members risk expulsion from the association in accordance with the expulsion procedure of the board.
Article 10 - Termination of membership
Membership shall terminate upon:
death;
expulsion, which shall be justified by a commission, whose members are appointed in equal parts by the board and a general meeting (see Article 15b).;
resignation in writing to the board, whereby the membership fees for the current year and other obligations remain due.
Failure to pay membership fees for two consecutive years.
Chapter III - COMPOSITION
Article 11 - Composition
The various constituent bodies of the association are: the General Assembly, the Executive Board, the Auditor, and the Project Groups.
Article 12 - Voting rules and quorum
Each active or honorary member, present at a meeting, has one vote. This voting right is non-negotiable. A proxy granted by an absent active or honorary member is considered a valid vote.
Each meeting of the General Assembly has a quorum, if at least one-fifth of the members of the association are present or represented.
Resolutions are passed by a simple majority, except in the cases mentioned in points 12d and 12e. In the event of an invalid vote, the motion is rejected, revised after the meeting to find a better proposal, and put to a vote at one of the next meetings.
Amendments to these bylaws or the charter require a two-thirds majority of the votes cast.
A majority of four-fifths of the votes cast is required for the possible dissolution of the association, the details of which are set out in Article 22.
Article 13 - Work culture
The Eleusis Association embraces a working culture with distributed hierarchies that focuses on self-management and people. To achieve this, the members of the association commit to understanding and respecting the structures and processes that have been put in place to ensure the functioning of the association. Some of the members must be trained in the basics of facilitation, a key skill for this type of collaboration.
Article 14 - The General Assembly
a) Composition
The General Assembly is composed of all members of the association.
b) Function
The General Assembly is the supreme body of the association and has the following tasks: to elect the members of the Board and the auditor;
to approve the annual report and financial statements;
to decide on the possible dissolution of Eleusis;
to celebrate past successes and to help shape future activities through participatory processes or to support co-creation.
c) Working method
The General Assembly is convened and meets at least once a year. Invitations, whether by post or electronically, must be sent out at least two weeks before the meeting. These letters contain the agenda and the previously proposed motions. Objections to agenda items and candidate proposals, as well as proposals from members, must be submitted to the committee at least one week before the start of the meeting.
Motions submitted after the deadline or during the General Assembly must be placed on the agenda if the General Assembly agrees to them. However, this does not apply to amendments to the Charter or the Statutes. An extraordinary General Assembly may be convened by the Executive Board or by a significant number of members, provided that a written justification is provided.
d) Duty of transparency
The decisions of the General Assembly must be recorded in accordance with a specific protocol and made available to individual members within 60 days of the end of the General Assembly.
Article 15 - The Board
a) Composition
The Board consists of 3 to 10 members.
b) Function
The main function of the Board is to ensure that the activities of the association are in accordance with the Charter and the Statutes. This includes, but is not limited to, the following responsibilities:
The Board welcomes new members and ensures their integration.
The Board is responsible for conflict management. Any member may report to the Board a problem where a member's behavior is not in accordance with the Bylaws or the Charter. The Board is then responsible for finding a solution to the problem by implementing a process of its choice.
The board is responsible for the financial management of the association (accounting, amount and payment of membership fees). This also includes drawing up the budget necessary for the basic operation of the association and establishing a procedure for allocating the remaining funds to possible applications from project groups.
The board ensures the creation of an association culture in the spirit of a community of interests, including the introduction of initiation rituals (e.g. for joining the association). The board is responsible for creating and updating the charter. The board decides on the procedure for amending the charter.
All responsibilities mentioned in the above points may be delegated to a project group.
c) Working method
The board is elected by the general assembly. Every two years, the roles that make up the board are redistributed, but a person may retain a role, if everyone agrees.
Two members of the board are appointed as legal representatives by the entire board.
d) Duty of transparency
The Executive Board shall work in an open manner, and any member of the association may familiarize themselves with the work of the Executive Board either by reading the protocols or by attending the meetings as an observer (without voting rights). To enable this, the dates, times, and locations of committee meetings must be communicated to all members in good time in advance.
e) Non-profit clause
The members of the Executive Board work on a voluntary basis and are only entitled to reimbursement of their actual expenses and travel costs.
Any paid employees of the association may only serve on the Executive Board in an advisory capacity.
Article 16 - The Auditor
The auditor shall audit the accounts and transactions. He or she shall submit an annual report to the General Assembly, which must be approved or rejected by vote.
The auditor shall be elected by the General Assembly for a term of two years and may be re-elected several times.
The auditor has the right to inspect the financial records at any time.
Article 17 - Project groups
a) Composition
The various project groups consist of any number of persons (at least two). Any active or honorary member is free to join or leave a project group.
b) Function
Their function is determined by the group itself. The group informs the board of its formation.
c) Functioning
The project group is free to act in accordance with the goals it sets for itself. The limits of this freedom are as follows:
If the work of the group touches on a topic dealt with by another body, the project group must discuss and cooperate with that other body.
Its actions must be consistent with the purpose of the association, its statutes, and its mission statement.
d) In case of problems
If a project group exceeds the limits specified in the previous point, it is the responsibility of each member within the association to:
Discuss the matter with the person or group concerned and try to find a solution, and inform the board of directors.
e) Financing
Each project group can either finance itself entirely or request financing from the association, depending on the procedure decided by the board of directors (see Article 15b).
f) Dissolution
The dissolution of a project group is decided by the members of the group or by the same procedure as for the exclusion of a member.
Upon dissolution, the remaining funds revert to the association and are managed by the board as described in Article 15b.
g) Duty of transparency
The project groups operate openly and every member of the association is entitled to know their content.
Chapter IV - MISCELLANEOUS
Article 18 - Financing
The association's resources are made up of:
Membership fees
Donations
Sponsors
Grants
Prizes
Revenue generated by an event organized by the association.
Volunteer work
Article 19 - Right to sign
With regard to the legally valid signing of official documents, the signature shall be legally binding for the association in the following case:
Collective signature of two members of the executive committee.
Article 20 - Obligations
The organization's funds shall be used exclusively to meet the obligations entered into by the association.
Article 21 - Disclaimer
Under no circumstances can the organization be held responsible for the direct or indirect consequences of the use of legal or illegal psychedelic substances.
All information on therapeutic practices communicated in the context of activities organized by the association is the sole responsibility of the person who wrote it.
The information collected by the association is presented solely for informational purposes and for risk reduction, and is based on existing scientific, empirical, anthropological, or historical data.
The association assumes no responsibility for the use of this information by any person who has received it.
Article 22 - Dissolution and blocking clause
The dissolution of the association may be decided by an extraordinary general meeting convened for this purpose. This meeting shall constitute a quorum, if at least one-fifth of the members of the association are present or represented, as is the case at the general meeting. The dissolution of the association shall take effect immediately, if a majority of four-fifths of the votes cast is in favor.
In the event of the dissolution of the association, the available assets shall be allocated exclusively and irrevocably to an institution that pursues a similar charitable purpose as the association and is exempt from tax. Under no circumstances may the assets revert to the natural founders or members or be used in whole or in part and in any way for their benefit.
Article 23 - Adoption
These bylaws shall enter into force at the founding meeting on November 22, 2019.