CONSTITUTION
EXECUTIVE COMMITTEE CONSTITUTION CONTACT GERMAN  

IMPRINT AND LIABILITY   LIMITATIONS (GERMAN)

Constitution

 

 

§ 1    Name, location and financial year

  1. The name of the association is “Bildungshilfe Nordost-Indien.”

  2. The association’s location is Seeg, Ostallgäu. It will be registered in the register of the magistrate’s court Kempten. After being registered, the association will be called “Bildungshilfe Nordost-Indien e. V.”

  3. The financial year is the calendar year.

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§ 2    Purpose

The purpose of the “Bildungshilfe Nordost-Indien” is:

  1. The promotion of welfare in north-east India. This aim shall be achieved by cooperating with organizations and institutions that are locally (in north-east India) recognized as charitable. This cooperation shall especially take place in following fields:

  • Youth care

  • Education

  • Aid for disaster victims

  • Support for people in need

  1. The local partners and their measures to be supported shall be chosen according to the principle “help for self help.” 

  2. The promotion of international solidarity, tolerance and international understanding in Germany and India. This shall be realized by means of:

  • Information events and slide shows

  • Film presentations and discussions

  • Imparting of written information material such as newspapers, books and flyers

  • Organisation of mutual experience exchanges as well as mutual visits in north-east India/Germany

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§ 3    Selflessness

  1. The association is following exclusively selfless purposes as mentioned in the paragraph “Steuerbegünstigte Zwecke” (tax privileged purposes) of the “Abgabenordnung” (tax law)

  2. The association is acting without any interest for the self. It has no commercial objectives.

  3. Financial means may only be used for purposes mentioned in the constitution. In their status as members, the members do not get any financial benefits from the association.  No person may be favoured by expenses not compatible with the purposes mentioned in the association’s constitution.

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 § 4    Members

  1. Every natural person having completed his or her 7th year of life (with approval of the legal representative) can become a member of the association. Furthermore, every natural person above the age of 18 and every juridical person can become a member of the association.

  2. All natural persons above the age of 18 and all juridical persons that are members of the association have one vote in the general assembly.

  3. Membership application forms are to be addressed to the executive committee. In case of rejection, the executive committee is not obliged to explain its decision.

  4. The membership ends with cancellation , expulsion, or death of the member. The refund of membership fees, donations or other support programs are generally not possible.

  5. Members can cancel their membership without delay by handing over a written cancellation declaration to the executive committee.

  6. The expulsion of a member is decided with simple majority of the executive committee in case of behaviour that extremely harms the image of the association or is not compatible with its’ purpose. The expulsion can also be decided if, even after having been reminded, the member is in delay with his membership fee for more than three months. The member who is to be expelled  will be given the chance for explanation of his behaviour.

  7. The member affected by the expulsion can lodge an appeal against the decision of the executive committee. The period for lodging this appeal is one month after having received of the expulsion.

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§ 5    Institutions 

The institutions of the association are:

  1. General Assembly

  2. Executive Committee

  3. Working Committees

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§ 6    General Assembly

  1. The executive committee is in charge of sending the invitation for the general assembly. The invitation including the agenda has to be sent to each member at least 14 days in advance, either by post or as an email.

  2. An extraordinary general assembly can be convened in case the executive committee considers this as necessary. The executive committee is also obliged to convene an extraordinary assembly if one fifth of the associations’ members demands in a written declaration including their reasons for the demand to do so.

  3. Each member has the right to file petitions for the general assembly. However, these have to be handed over to the Executive Committee at least 7 days in advance of the general assembly.

  4. The general assembly decides especially about:

  • Election and dismissal of the executive committee

  • Receive the field of activity and company report of the executive committee

  • Election of the financial controllers

  • Exoneration of the executive committee

  • Modification of the constitution and the association’s purpose

  • Amount and settlement date of the membership fee

  • Decision of the appeal of an expelled member

  • Disbanding of the association

  1. The decisions of the general assembly are taken by a simple majority of the present members entitled to vote (except for the modification of the association’s constitution, its purpose and its disbanding (confer §10)). Abstentions are not counted. In case of a tie, the petition is considered as rejected.

  2. The elections are carried out in open by raising of ones hand. In case a member decides to vote by secret ballot, the election shall be carried out with voting slips.

  3. The general assembly has the quorum when the invitations are sent as mentioned in the constitution and at least one fifth of the members are present.

  4. The general assembly is chaired by a member of the association’s executive committee. In case no member of the executive committee is present, a chairman is elected with simple majority of those present in the assembly.

  5. The decisions of the general assembly have to be written down in a record. The record has to be signed by the chairman and the secretary of the general assembly. All members have the right to read this record. The secretary is chosen by the chairman of the assembly.

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§ 7    Executive Committee

  1. The executive committee consists of four equal members. They are: The Chairman, The Vice-Chairman, The Secretary, The Treasurer.

  2. The executive committee has the quorum when at least half of its members are present. The decisions are taken by simple majority of the members of the executive committee present. When tie, the vote of the 1stt chairman is decisive.

  3. The decisions of the executive committee have to be written down in a record. All members of the association have the right to read this record.

  4. The executive committee is elected by a simple majority of the association’s general assembly, for a period of two years. They occupy the post until new elections take place.

  5. The election of the members of the executive committee is carried out by the raising of ones hand. In case a member claims to vote by secret ballot, the election shall be carried out with voting slips.

  6. The members of the executive committee can be re-elected any number of times.

  7. Any member of the executive committee is authorized to represent the association in court as well as out of court.

  8. Any member of the executive committee can be dismissed by a two/third majority of the general assembly.

  9. In case of a member of the association’s executive committee leaving, the general assembly has to elect a new member within a period of three month.

  10. The executive committee is especially in charge of:

  • Preparing and convening the general assembly

  • Carrying out the decisions of the general assembly

  • Preparing a field of activity and its report for the general assembly

  • Bookkeeping

  • Decision about acceptance and expulsion of members

  • Convening of the working committees

  • To direct the active and theoretical works

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§ 8    Working committees

  1. The working committees shall mainly consist of members of the association and support the executive committee with working out the guidelines for the active and theoretical work.

  2. The number and duties of the working committees are determined by the executive committee.

  3. The meetings are held in public. The members of the working committees inform themselves informally about the agendas and the dates of the meetings. In general, there are no written invitations to the association’s other members.

  4. The decisions of the working committees are taken by a simple majority of the present members of the working committee.

  5. The decisions of the working committees have to be written down in a record. All members of the association have the right to read this record.

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§ 9    Expenses and finances

  1. The association finances its expenses through:

  • Membership fees

  • Unique donations

  • Earnings out of other public events

  • Subsidies

  1. The association’s means may only be used for purposes compatible with its constitution. The administration costs shall be maintained as low as possible.

  2. The members do not get any financial support out of the association’s means.

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§ 10    Financial control

  1. The general assembly elects for a period of two years two financial controllers. Each year, the financial controllers control the association’s bookkeeping and its’ the expenses. The financial controllers also propose to the general assembly the executive committee’s remuneration.

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§ 11    Modification of the association’s constitution or purpose and disbanding of the association

  1. Modifications of the association’s constitution are decided by a two/third majority of the members present and entitled to vote in the general assembly.

  2. A modification of the association’s purpose is decided by a two/third majority of the members present and entitled to vote in the general assembly.

  3. The association’s disbanding is decided by a two/third majority of the members present and entitled to vote in the general assembly.

  4. In case of the association’s disbanding or the loss of its status as charitable association, the association’s fortune is transferred to another juridical person of the public law or to another association being recognized as charitable. The new owner has to use the fortune exclusively for purposes in the field of development aid or development cooperation. To avoid tax charges, an approval is needed before the money is transferred.  

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The constitution of the “Bildungshilfe Nordost-Indien” as mentioned above was accepted by the association’s general assembly on December 6th, 2008.

Since 15th January 2009, the association “Bildungshilfe Nordost-Indien e. V.” is registered under the number VR 200322 in the magistrate’s court Kempten.

The constitution as written above was translated from German to English by Tobi Scherbaum. The author wants to point out that the English constitution is not legally binding. It shall just offer an overview of the association’s principles and purposes to the English-speakers visiting the Homepage of the “Bildungshilfe Nordost-Indien”.

 
 

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