Constitution of the European Fraud and Compliance Lawyers

I. Name

The name of the association is the European Fraud and Compliance Lawyers (EFCL).

II. Status

The association is a non-governmental organisation of lawyers involved in all aspects of economic crime, fraud and compliance. The association is a sub-association of the European Criminal Bar Association (ECBA). 

III. Objects

(1) The object of the association is to create a forum for lawyers from all European countries working in the areas of economic crime, fraud and compliance. The association shall thus establish a network that will allow its members to efficiently handle international cases and deal with the various law enforcement and governmental institutions on at least an equal level.

(2) Additionally the association shall provide advanced training in all aspects of economic crime, fraud and compliance in transnational cases again to enable its members to provide their clients with the best possible advice.

(3) The association shall hold an annual international conference on recent and topical developments in the fields of economic crime, fraud and compliance. The conferences shall take place in London, Frankfurt, Paris and Milan on a rotating basis.

IV. Organs

The association shall have as organs a general assembly, a board and subsidiary organs (e.g. secretariat) as may be found necessary in accordance with this constitution.

V. Membership

(1) The association shall have individual and organisational members.

(2) Individual membership shall be open to all qualified lawyers practising in the field of economic crime or fraud as well as lawyers advising companies in compliance matters.

(3) The board shall have the power to admit as organisational members national organisations or associations, who represent those eligible for membership and whose objects are consistent with those of the association. Organisational members are entitled to nominate a delegate as their member to act on their behalf.

(4) Membership is subject to the payment of an annual subscription fee. All members of the ECBA are exempt from the membership payment to the EFCL.

VI. The Board

(1) The governing body of the association shall be the board. The board shall be comprised of four (4) persons being one Chairperson, two Vice Chairpersons and one Secretary General. 

(2) The Vice Chairpersons of the EFCL have to be held by the Chairperson and the Treasurer of the ECBA. The Chairperson and the Secretary General of the EFCL are elected by the general assembly for a period of no longer than three years and may submit themselves for election at the end of each term.

(3) Only members of the EFCL are eligible to be Chairperson or Secretary General.

(4) Every candidate for election shall submit to the EFCL Secretariat a notice of his/her willingness to stand for election and in which position at least 21 days before the meeting of the general assembly.

(5) Elections for Chairperson and Secretary General shall be by those present at a meeting of the general assembly notwithstanding that the candidates need not be present.

(6) If either the Chairperson or the Secretary General resigns or in any way was discharged from serving a full term, the remaining board at its discretion could elect from amongst itself a replacement in office if that was needed and either co-opt another person to the vacant position or hold an election to fill the vacant position.

(7) Any co-opted member of the board shall only serve the remaining period of the former member.

(8) The board may organise its business and meetings as it sees fit. Meetings may take place collectively, or by any form of telecommunication link.

(9) Decisions taken by the board shall be by a majority of vote. In the event of a tie, the vote of the Chairperson shall determine any issue. Members of the board unable to attend a meeting may vote by post or by any form of telecommunication.

(10) The first Chairperson and Secretary General shall be appointed by the Council of the ECBA on the date of the foundation of the EFCL.

VII. Powers and duties

(1) The board and its members shall function as described in this article.

(2) The board shall run the association in a manner consistent with its objects and the constitution and supervise and control the affairs of the association generally.

(3) The board shall consider applications for membership.

(4) The board shall expel any member whose conduct has been dishonourable and whose continued membership in the association would be detrimental.

(5) The board shall recommend an annual budget for the annual meeting of the general assembly.

(6) The board shall determine the level of subscriptions to be charged for individual and organisational memberships.

(7) The board shall organise the annual conference of the EFCL as well as local conferences events and meetings of the association as they deem appropriate.

(8) The Chairperson shall provide each year for the annual meeting of the general assembly a report on the affairs of the association and shall represent the association or delegate any other person to represent it in affairs consistent with the constitution.

(9) The Secretary General shall organise the affairs of the board. He/she shall either by himself/herself or by any person delegated by him/her organise and provide sufficient notice to the membership of any meetings of the general assembly, elections, votes, conferences and other relevant events.

(10) The Vice Chairperson who is Treasurer of the ECBA shall also run the finances of the association in a manner consistent with its aims and objects and for its benefit generally. He/she shall hold a bank account in respect of which he/she shall be the signatory. This may be the same account as the ECBA. He/she shall arrange a summary of the finances association each year and shall present an account of the finances and expenses at each board meeting of the association and at each board meeting of the ECBA.

VIII. The general assembly

(1) The general control of the association shall vest in the general assembly consisting of the whole membership of the association.

(2) The general assembly shall only take decisions by a majority vote of the members present at a meeting that has sufficiently been notified.

(3) All members have a single vote; an organisational member’s vote is made by a delegate on their behalf.

(4) Any note at a meeting of the general assembly upon a resolution may at the board’s discretion be resubmitted to the whole membership of the association for further decision within 28 days of the note having been taken, before formal adoption.

IX. Amendments of the constitution

The constitution of the association may be amended by a vote of a majority of two-thirds of its members at a meeting that has been sufficiently notified.

X. Foundation meeting

The foundation meeting of the association has taken place on 1 October  2016 in Lisbon, whereupon this constitution has been adopted by those present and who signed hereto, having been elected as the first board:

Chairperson Dr Oliver Kipper 

Vice Chairperson Prof Dr Holger Matt (ECBA Chair)

Vice Chairperson Kevin Roberts (ECBA Treasurer)

Secretary General Dominika Stępińska-Duch

For the ECBA constitution please click here.