Statutes of non-profit association neV.
Statutes
- 1. Name and registered office of the association, financial year
(1) The non-profit association bears the name ; Asociasón envios de paz – hereinafter referred to as the Association.
(2) The association is located at: 49509 Recke, Mertensberg 26
(3) The financial year is the calendar year.
- 2. Purpose and non-profit status of the association
(1) The association, based in Recke, North Rhine-Westphalia, pursues exclusively and directly charitable purposes within the meaning of the section “Tax-privileged purposes” of the German Fiscal Code.
(2) The association is a non-profit organization; it does not primarily pursue its own economic interests.
(3) The association's funds may only be used for the purposes stipulated in the articles of association. Members do not receive any payments from the association's funds.
(4) No person shall be favored by expenditure which is unrelated to the purpose of the association or by disproportionately high remuneration.
(5) The main purpose of our association is to promote international understanding and to 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 activities of the association are intended to serve international understanding and to provide impetus for improved communication and better understanding between different nations.
The association has set itself the following goals:
(1) Promoting communication and the development of understanding between different nations, promoting cooperation with other associations and non-governmental organizations, providing a communication portal for Cubans living in the Federal Republic of Germany, their families and friends, and promoting sustainability as a connecting element between German society and the ambitions of the Cuban state
(2) Development of transport solutions for donations to needy people in Cuba. The donations will be handed over locally to non-governmental organizations (churches, church organizations, charitable organizations). These organizations guarantee and document that the donations are distributed exclusively to needy people.
(3) Active programs for the nutritional assistance of children and young children in the region in cooperation with non-governmental organizations (NGOs). Local church and charitable organizations.
- 3 Acquisition of membership
- Any natural or legal person can become a member of the association. A written application, which can also be submitted digitally, is required. The board decides on admission.
Ordinary membership begins after the board has approved the written application for membership, including digital applications, and the payment of the membership fee of €4.00.
The following types of membership exist:
- "Member", also called "Regular Member",
- The title of "Honorary Member" is awarded by the board of directors on the basis of a member's particularly outstanding contributions to the promotion of the association
- “Supporting member” Supporting members can be natural persons or legal persons 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 attend members' meetings; they do not have voting rights.
Membership is not transferable. Membership rights cannot be transferred to others. Voting rights at members' meetings can only be exercised in person.
Members are obligated to pay their dues in accordance with the dues schedule. Dues paid are non-refundable.
Honorary members are exempt from the obligation to pay dues.
- 4 Termination of membership
(1) Membership in the association ends through death (in the case of legal persons, upon their dissolution), resignation or expulsion.
(2) Resignation must be declared in writing (including in digital form) to the Management Board. Resignation can only be declared with three months' notice to the end of the financial year.
(3) A member may be expelled from the association by a resolution of the general meeting if they a) culpably and seriously damage the reputation or interests of the association, or b) are more than three months in arrears with the payment of their admission fee or membership dues and have failed to pay the outstanding amount despite a written reminder threatening expulsion. The member must be given the opportunity to comment on the reasons for their expulsion at the general meeting. These reasons must be communicated to them at least two weeks in advance.
(4) The share of the departing or expelled member in the total assets remains with the association.
- 5 Rights and obligations of members
(1) Every member has the right to use the facilities of the association and to participate in joint events. Every member has equal voting rights in 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 best of his ability, to support the association's activities through his cooperation.
- 6. Registration fee and membership fees
(1) Each member shall pay a monthly/annual membership fee in advance.
(2) The amount of the admission fee and the membership fees shall be determined by the General Meeting.
(3) Honorary members are exempt from the admission fee and membership dues.
- 7 Organs of the Association
The organs of the association are the board and the general meeting.
- 8 Board of Directors
(1) The Board shall consist of the Chairman, his Deputy and the Treasurer.
(2) The chairman, his deputy and the treasurer shall each represent the association individually.
(3) Members of the Executive Board may be paid remuneration. The amount of remuneration shall be decided by the General Meeting.
- 9 tasks of the board
The board of directors of the association is responsible for representing the association in accordance with § 26 of the German Civil Code (BGB) and for managing its affairs. Its duties include, in particular: a) convening and preparing the general meetings of members, including drawing up the agenda; b) implementing the resolutions of the general meeting of members; 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 on the Executive Board terminates upon termination of membership in the association. Re-election or early removal of a member by the General Meeting is permitted. A member remains in office after the expiration of their regular term until their successor is elected. Early removal of an Executive Board member is only possible for good cause.
(2) If a member resigns from the board prematurely, the remaining members of the board are entitled to elect a member of the association to the board until the election of the successor by the general meeting.
- 11. Consultation and decision-making of the board
(1) The Executive Board meets as needed. Meetings are convened by the Chairman, or, if the Chairman is unavailable, by the Vice-Chairman. A notice period of one week should be observed. The Executive Board has a quorum if at least two members are present. Decisions are made by a majority of the valid votes cast. In the event of a tie, the Chairman's vote is decisive, or, if the Chairman is unavailable, the Vice-Chairman's vote.
(2) The decisions of the board of directors shall be recorded in minutes. The minutes shall be signed by the secretary and by the chairman, or, if the chairman is unavailable, by his deputy or another member of the board of directors.
- 12 tasks of the general meeting
The general meeting is responsible for decisions in the following matters: a) amendments to the statutes, b) setting the admission fee and membership fees, c) the appointment of honorary members and the exclusion of members from the association, d) the election and removal of the members of the board, e) the acceptance of the annual report and the discharge of the board, f) the dissolution of the association.
- 13. Convening the General Meeting
(1) The board of directors shall convene an ordinary general meeting of members at least once a year, preferably in the first quarter. The meeting shall be convened in writing, observing a notice period of two weeks and including 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 submit a written request to the Executive Board to add an item to the agenda no later than one week before the General Meeting. This request may also be submitted electronically. The Executive Board shall decide on the request. The General Meeting shall decide on agenda items not included by the Executive Board or those raised for the first time at the General Meeting by a majority vote of the members present; this does not apply to requests concerning amendments to the Articles of Association, 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. Resolution of the General Meeting
(1) The general meeting shall be chaired by the chairman of the board, or, if he is unable to attend, by his deputy, and, if he is also unable to attend, by a chairperson elected by the general meeting.
(2) The general meeting shall have a quorum if at least one-third of all members of the association are present. If a quorum is not present, the board of directors shall be obliged to convene a second general meeting with the same agenda within four weeks. This second meeting shall have a quorum regardless of the number of members present. This must be stated in the invitation.
(3) The general meeting shall pass resolutions 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 in an election, the candidate who receives a 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, and resolutions to amend the purpose or dissolve the association require the approval of nine-tenths of the members present.
(4) Minutes shall be taken of the proceedings of the members' meeting and the resolutions adopted, and these shall be signed by the secretary and the chairman of the meeting.
- 15 Liability
(1) The person carrying out the business shall not be liable with their private assets, 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 current legal provisions.
- 16 Dissolution of the corporation, loss of tax-privileged purposes
(1) In the event of dissolution or winding up of the association or in the event of the loss of its tax-privileged purposes, the assets of the association shall be transferred to the [German Children's Aid Organization e.V.] which shall use them directly and exclusively for charitable, benevolent or ecclesiastical purposes
(2) In the event of the dissolution of the association, the chairman of the board and his deputy shall be jointly authorized liquidators unless the general meeting appoints other persons.
(3) The foregoing provisions shall apply mutatis mutandis if the association is deprived of its legal capacity.