Statutes of non-profit non-profit organizations
Statutes
- 1 Name and registered office of the association, financial year
(1) The non-profit association shall be called ; Asociasón envios de paz – hereinafter referred to as the Association.
(2) The association has its registered office at: 49509 Recke, Mertensberg 26
(3) The financial year shall be the calendar year.
- 2 Purpose, non-profit status of the association
(1) The association, with its registered office in Recke NRW, pursues exclusively and directly non-profit purposes within the meaning of the section “Tax-privileged purposes” of the German Fiscal Code.
(2) The association operates on a non-profit basis; it does not primarily pursue commercial purposes.
(3) The association's funds may only be used for the purposes stated in its statutes. Members shall not receive any donations from the association's funds.
(4) No person may be favoured through expenditure that is unrelated to the purpose of the association or through disproportionately high remuneration.
(5) The main purpose of our association is to promote international understanding and foster contact between Cubans residing in the Federal Republic of Germany on the basis of peace and mutual respect, recognition, and integrity in accordance with the Charter of the United Nations [UN]. In cooperation with other associations and non-governmental organizations (NGOs), the association's activities are intended to promote international understanding and provide impetus for improving communication and better understanding between different nations.
To this end, the association sets itself the following goals
(1) Promote communication and the development of understanding between different nations, promote and cooperate with other associations and non-governmental organizations, provide a communication portal for Cubans living in the Federal Republic, their families and friends, promote sustainability as a connecting element between German society and the ambitions of the Cuban state,
(2) Development of transportation solutions for donations to people in need in Cuba. The donations will be handed over locally to non-governmental organizations (churches, religious organizations, charitable organizations). These organizations will ensure and verify that the donations are distributed exclusively to people in need.
(3) Active programs to provide nutritional assistance to children and infants in the region in cooperation with non-governmental organizations (NGOs), local church organizations, and charitable organizations.
- 3 Acquisition of membership
- Any natural or legal person may become a member of the association. A written application (or digital application) is required. The board of directors decides on admission.
Regular membership begins after the board has approved the written, or digital, application for membership and the payment of the membership fee of €4.00.
There are the following types of membership:
- “Member”, also called “Ordinary Member”,
- “Honorary Member” is awarded by the Board of Directors on the basis of particularly outstanding services rendered by a member to the promotion of the Association,
- “Supporting Member” Supporting members can be natural persons or legal entities who support the association through donations or financing of events or similar contributions.
Members are entitled to vote.
Supporting members and honorary members have the right to participate in general meetings; they do not have the right to vote or to stand for election.
Membership is non-transferable. Membership rights cannot be transferred to others. Voting rights at general meetings can only be exercised in person.
Members are obligated to pay their dues in accordance with the dues regulations. Amounts paid are non-refundable.
Honorary members are exempt from dues.
- 4 Termination of membership
(1) Membership in the association ends through death (in the case of legal entities upon their dissolution), resignation or exclusion.
(2) Resignation must be notified to the Board of Directors in writing (including digitally). Resignation may only be notified with three months' notice to the end of the fiscal year.
(3) A member may be excluded from the association by resolution of the general meeting if they a) culpably damage the reputation or interests of the association in a serious manner, or b) are more than three months in arrears with the payment of their admission fee or membership fees and have not paid the arrears despite a written reminder under threat of exclusion. The member shall be given the opportunity to comment on the reasons for exclusion at the general meeting. These reasons must be communicated to them at least two weeks in advance.
(4) The share of the resigning or excluded member in the joint assets remains with the association.
- 5 Rights and obligations of members
(1) Every member has the right to use the association's facilities and to participate in joint events. Every member has equal voting rights at the general meeting.
(2) Every member has the duty to promote the interests of the association, in particular to pay his membership fees regularly and, to the extent possible, to support the life of the association through his cooperation.
- 6 Admission fee and membership fees
(1) Each member shall pay a monthly/annual membership fee in advance.
(2) The amount of the admission fee and membership fees shall be determined by the General Meeting.
(3) Honorary members are exempt from the admission fee and membership fees.
- 7 Bodies of the Association
The organs of the association are the board of directors and the general meeting.
- 8 Board of Directors
(1) The Board shall consist of the Chairman, his/her Deputy Chairman and the Treasurer.
(2) The Chairman, his deputy and the Treasurer each represent the Association alone.
(3) The members of the Executive Board may be paid remuneration. The amount of such remuneration shall be decided by the General Meeting.
- 9 Tasks of the Board of Directors
The board of directors is responsible for representing the association in accordance with Section 26 of the German Civil Code (BGB) and managing its business. Its responsibilities include the following: a) convening and preparing general meetings, including the preparation of the agenda; b) implementing resolutions of the general meeting; c) managing the association's assets and preparing the annual report; d) admitting new members.
- 10 Appointment of the Board of Directors
(1) The members of the Executive Board are elected individually by the General Meeting for a term of two years. Only members of the Association may be members of the Executive Board; membership in the Association also terminates membership of the Executive Board. Re-election or premature removal of a member by the General Meeting is permitted. A member remains in office after the expiration of their regular term of office until their successor is elected. Premature removal of a member of the Executive Board may only occur for good cause.
(2) If a member leaves the Board of Directors prematurely, the remaining members of the Board of Directors shall be entitled to elect a member of the Association to the Board of Directors until the General Meeting elects a successor.
- 11 Consultation and decision-making of the Board of Directors
(1) The Board meets as needed. Meetings are convened by the Chairperson, or in his absence, by his deputy. A notice period of one week should be observed. The Board has a quorum if at least two members are present. Resolutions are passed by a majority of the valid votes cast. In the event of a tie, the Chairperson has the casting vote; in his absence, the Chairperson's deputy has the casting vote.
(2) The decisions of the Board of Directors shall be recorded in the minutes. The minutes shall be signed by the secretary and the chairperson, or in the chairperson's absence, by the deputy chairperson or another member of the Board of Directors.
- 12 Tasks of the General Meeting
The general meeting is responsible for decisions on the following matters: a) amendments to the statutes, b) setting the admission fee and membership fees, c) appointing honorary members and excluding members from the association, d) electing and removing members of the board of directors, e) receiving the annual report and discharging the board of directors, f) dissolving the association.
- 13 Convening of the General Meeting
(1) The Board of Directors shall convene an ordinary general meeting at least once a year, preferably in the first quarter. The meeting shall be convened in writing, giving two weeks' notice and specifying the agenda. The written notice may also be given electronically. The general meeting may be held digitally.
(2) The agenda shall be determined by the Executive Board. Any member of the association may request an addition to the agenda in writing to the Executive Board no later than one week before the general meeting. This may also be submitted electronically. The Executive Board shall decide on the request. The General Meeting shall decide on motions to add to the agenda that were not included by the Executive Board or that are submitted for the first time at the general meeting by a majority of the votes of the members present. This does not apply to motions concerning amendments to the statutes, changes to membership fees, or the dissolution of the association.
(3) The Board of Directors shall convene an extraordinary general meeting if the interests of the Association so require or if at least one tenth of the members request this in writing, stating the purpose and reasons.
- 14 Resolutions of the General Meeting
(1) The General Meeting shall be chaired by the Chairman of the Board of Directors, in his absence by his deputy, and in his absence by a chairperson elected by the General Meeting.
(2) The General Meeting shall constitute a quorum if at least one-third of all members of the Association are present. If a quorum is not present, the Executive Board shall convene a second General Meeting with the same agenda within four weeks. This meeting shall constitute a quorum regardless of the number of members present. This shall be indicated in the invitation.
(3) The General Meeting decides by open ballot with a majority of the votes of the members present. If no candidate receives a majority of the votes of the members present, the candidate receiving the majority of the valid votes cast shall be elected; a runoff election shall be held between multiple candidates. Resolutions to amend the Articles of Association require a three-quarters majority; resolutions to change the purpose or to dissolve the association require the approval of nine-tenths of the members present.
(4) Minutes shall be taken of the proceedings of the general meeting and the resolutions passed, which shall be signed by the secretary and the chairperson of the meeting.
- 15 Liability
(1) The person carrying out the business shall not be liable with his private assets for the execution of the business, but the members shall be liable with their joint assets up to the amount of the current joint assets, insofar as this is permitted by the current legal provisions.
- 16 Dissolution of the corporation, loss of tax-privileged purposes
(1) In the event of dissolution or annulment of the association or if tax-privileged purposes cease to exist, the assets of the association shall be transferred to the [German Children's Fund e.V.], which shall use them directly and exclusively for non-profit, charitable or ecclesiastical purposes.
(2) In the event of the dissolution of the Association, the Chairman of the Board of Directors and his deputy shall be jointly authorized liquidators, unless the General Meeting appoints other persons.
(3) The above provisions shall apply accordingly if the association has been deprived of its legal capacity.