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Domain name council rules of procedure

Construction of the Internet Foundation Austria

 
Domain name council rules of procedure

§1 Character

  1. The domain name council gives advice to the board of directors regarding principles of determining the internet domain allocation in accordance with article 12 of the Internet Private Foundation's deed of foundation.

§2 Appointment

  1. Members of the domain name council are appointed by the foundation board according to the proposal of the board of directors. The members should correspond to a representative profile of the Austrian internet community, whereas international experts should also be incorporated. Additionally the members of the domain name council can invite further experts to the meetings.
  2. The function period is 2 years, re-appointment is possible.
  3. Members are appointed as persons. The voting right can be delegated to other members of the domain name council by informing the chairman.

§3 Chairmanship

  1. The domain name council elects a chairman and a deputy from the group of its members. The election is based upon a simple majority of the votes cast.
  2. The obligations of the chairman, and of the deputy chairman in case of prevention, are:

    a) calling of meetings
    b) proposal of the agenda
    c) chairmanship of meetings
    d) admittance of informants
    e) responsibility for the proper keeping of minutes and communiques
    f) representation of the domain name council towards the foundation

§4 Meetings

  1. The domain name council usually meets twice a year, however a minimum of one meeting a year is obligatory.
  2. The invitation and the proposal of the agenda can also be made via e-mail; a handling time of at least two weeks should be intended.
  3. Each member of the domain name council can propose issues for the agenda.
  4. At least two members of the domain name council can demand the calling of a meeting from the chairman on their own initiative.
  5. The board of directors, the foundation board and the management of nic.at have the right to join the meetings.

§5 Decisions and minutes

  1. For the quorum the attendance of at least half of the members of the domain name council is necessary. Presence via telecommunication is regarded as attendance.
  2. Decisions are based upon simple majority. Abstention from voting is permitted.
  3. Minutes, which have to contain at least the names of the attending council members, the delegated votes, the decisions made, and the ratio of votes unless cast unanimously, as well as communiques, which summarize the essential points of the meetings, have to be kept at the meetings and sessions of the domain name council.
  4. Overruled council members have the right to add a written statement to the minutes regarding their dissenting opinion.
  5. The draft of the minutes has to be transmitted electronically by the chairman to all council members within one week. The council members can raise objections to the chairman within 14 days; otherwise the minutes will be approved.
  6. The approved minutes and decisions made by the domain name council indirectly at all events have to be made aware to the board of directors and to the foundation board.
  7. Decisions of the domain name council are recommendations to the board of directors.
  8. Decisions and approved communiques of the domain name council are publicly available and are published electronically in a proper form, unless otherwise agreed by the domain name council in individual cases.

§6 Modifications

  1. Modifications of these rules of procedure conditional on the decision of the domain name council are possible, if at least two thirds of all domain name council members are attendant and with a two thirds majority of all votes, subject to the authorization of the foundation board.

§7 Confidentiality

As part of this activity, members of the domain name council and experts invited to the meetings will be given confidential information regarding the IPA and its subsidiaries. All information is considered confidential unless it is contained in the approved and published meeting communiques. Confidential information may only be used for work as a member of the council, unless the domain name council has made a written agreeement to the contrary.

In the event of an infringement of this confidentiality obligation, the foundation board is entitled to exclude the relevant member of the domain name council from the domain name council with immediate effect. This also applies to behavior that damages the reputation. IPA explicitly reserves the right to assert claims for damages due to a breach of the confidentiality obligation or behavior that damages its reputation.

§8 Taking effect

  1. The rules of procedure immediately take effect with an unanimous approval by the domain name council and with the approval by the foundation board. All members of the domain name council sign a copy of these rules of procedure in order to confirm their notice
  2. If a new member of the domain name council is appointed, the currently validated rules of procedure have to be submitted to him or her.

The chairman of the domain name council

Approved:
by decision of the domain name council on 24 October 2019,
approved by the foundation board on 4 December 2019



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