Legal questions about the ad interim presidency

Questioner

Two years ago, someone applied to our association as interim chairman. He said himself (and this is also in the minutes) that he would do it for two years and then see if he liked it and if so, he would stay for another 2 years. Now it is the case that we do not like it, but we do not want a heated argument within the association. Can someone else now simply apply for this position instead of automatically staying for another 2 years? In other words: can you easily get rid of an interim chairman?

Lawyer

The appointment and dismissal of directors of associations is regulated in the association's articles of association. This usually falls under the authority of the General Membership Agreement. So first read the articles of association carefully on this point and then (if you wish) take action in accordance with the rules of the articles of association that deal with the appointment and dismissal of directors.

Questioner

According to our statutes, board members are elected for a period of 4 years. But when our previous chairman retired after 12 years, in principle no one volunteered to take over. Then this person emphatically emphasized that he wanted to do it as an interim for two years and that he would then decide whether or not he would continue. Can someone else now, after the 2-year AI period, make themselves available for this position?

Lawyer

If the chairman is appointed for 4 years in accordance with the statutes (despite the fact that the chairman himself has made the reservation to consider himself free to stop the chairmanship after two), then his term only ends after those 4 years. It is then up to this chairman himself to decide (after 2 years) whether to continue or stop. If the AGM wants the chairman to step down after two years, while he himself wants to serve out the four-year term, a new (dismissal) decision must be taken by the AGM, to be granted in accordance with the articles of association, after which another chairman can be appointed.