Statutes

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Vision Yamalé e.V. Rückkehr- und Aufbauprojekte in Afrika
Date: 13th July 2019

At the end of the page, you can download the statutes as PDF file.

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Statutes for Vision Yamalé e.V. Rückkehr- und Aufbauprojekte in Afrika

§1
Name and office

(1) The association is called Vision Yamalé e.V. Rückkehr- und Aufbauprojekte
in Afrika (English translation: Vision Yamalé – Return projects in Africa)
(2) The association has its office in Prien am Chiemsee.
(3) The association is to be entered into the association register

§2
Purpose

(1) The purpose of the association is development cooperation with Africa focusing on West Africa
(2) This will be realised in the following pattern:

  1. The association supports the establishment and stabilisation of economic projects for persons returning from Germany (Europe) to their countries of origin.
    This is to be implemented sustainably through subject-specific, economic and social support. Our aim is the funding of start-ups and the creation of workplaces in the countries of origin.
    2. Furthermore, local structures in the project countries are to be analysed and an exchange at local is to be launched.
    3. Should projects in the area of education, local infrastructure, climate and environment emerge from this exchange, these projects are also to be funded.
    4. The association complies to the Agenda 2030 and the Sustainable Development Goals of the United Nations in all its actions.
    5. As an association that was founded in Prien am Chiemsee, we feel particularly connected to our local history: The Constitutional Convention of Herrenchiemsee guarantees human dignity in their draft for the Basic Law (German constitution) from 1948. The association acts in accordance with this premise.
    6. The association’s purpose is solely and immediately non-profitmaking pursuant to Steuerbegünstigte Zwecke”, Revenue Code, 16/03/1976.
    The association acts selflessly. It does not pursue self-sufficient economic purposes of any kind.
    7. The association’s objectives are nonpartisan and interdenominational.
 

§3
Assets – Asset commitment

(1) The funds for the association’s tasks should be procured through
(a) membership fees
(b) donations and endowments
(c) other earnings
(2) All association funds, even possible profits, are bound to their respective statutory purposes. The members receive no shares in profits, nor do they receive any other benefits from association funds in their capacity as members. They receive no shares in assets, neither when they resign from the association, nor at the time of dissolution of the association. Nobody shall be favoured through administration expenses that are foreign to the association’s purposes, or through disproportionally high emoluments.

§4
Membership

(1) All natural and legal persons who want to further the association’s purposes are eligible for membership.
(2) The admittance requires a written declaration of enrolment. The association decides on the admittance. The candidate has the right to appeal at the next members’ meeting against the rejection by the board.
(3) The resignation has to be declared to the board in writing in compliance with a period of notice of 3 months at the change of the calendar year (31/12).
(4) Members who do not comply with their membership duties even after repeated reminders, or who act in opposition to the interests of the association, can be excluded by board decision with immediate effect from the day the decision is announced. Excluded members have the right to appeal against the decision to or at the next members’ meeting.

§5
Membership fee

  1. The members pay a yearly fee.
    2. The amount of contribution shall be decided at the members’ meeting in the membership fee regulations.

§6
Financial year

The financial year of the association is the calendar year.

§7
Organs

Association organs are:
(a) the members’ meeting
(b) the board

§8
Members’ meeting

(1) An ordinary members’ meeting takes place at least annually, ideally during the first four months of the calendar year. Written invitations containing the agenda items are to be sent out at least one week before the meeting.
Textual form pursuant to § 126 b BGB suffices.
The first chairperson convenes and conducts the meeting. They also decide on the form of the ballot.
The ballot will be conducted in written form if requested by a third of the present members.
(2) Extraordinary members’ meetings are to be convened if the interests of the association require them and if at least a tenth of the members request them in writing while stating purpose and reasons. The terms of section (1) apply to extraordinary members’ meetings as well.
(3) Apart from other matters stated in the terms of these statutes, the members’ meeting is responsible for:
a) the board election.
b) approval of the conclusion of the past financial year and approval of the board.
c) decisions on changes of statutes.
d) decision on the dissolution of the association.
(4) Decisions are made with the simple majority of votes of the present members.
(5) Decisions on changes of statutes or the dissolution of the association require the approval of three-quarters – ¾ – of the present members.
(6) Natural persons exercise their voting right in person. Substitute members are not acceptable. Legal persons, corporate bodies and associations exercise their rights through an appointed individual, if the legally responsible organs do not participate in the members’ meeting.

§9
Board

(1) Pursuant to § 26 BGB, the board consist of
a) the first chairperson
b) the substitute chairperson
c) the third chairperson
d) the treasurer
e) the secretary
(2) Two – 2 – board members respectively, among them the first chairperson or the substitute chairperson, are jointly authorised to represent the association.
(3) The board is responsible for all matters of the association, insofar as they are not reserved to the members’ meeting according to law or these statutes.

§10
Board elections

(1) The board members shall be elected by the members’ meeting by an absolute majority of votes cast for a period of 3 years. They remain in office until the statutory appointment of the next board will be conducted. If the candidate does not receive the absolute majority in the first ballot, a second ballot will be conducted between the two candidates with the most numbers of votes. The second ballot will be decided by a simple majority of votes cast.
(2) The elections of the chairperson, the treasurer and the secretary are to be conducted in written form and by secret ballot only.
(3) On resignation of a board member, a suitable person will be appointed by the board for the remaining period in office.
This appointment requires the majority of the remaining board members.
If such an appointment is not possible within three months after the resignation, a by-election will be conducted during the remaining period in office.

§11
Use of donations

Donations are to be used above all according to the wishes of the donor.

§12
Account examination

The members’ meeting elects two accountants by a show of hands for a period of three – 3 – years. The accountants examine the association’s accountancy annually and report the result at the members’ meeting.

§13
Recording

A record is to be made of the members’ meeting and the board meeting, which has to be signed by the first chairperson and the secretary.

§14
Dissolution

In case of dissolution of the association or cessation of its previous purpose, the association’s assets will fall to the market town of Prien am Chiemsee after deduction of the existing payables, under the condition that the obtained assets will only be used directly for non-profitmaking purposes pursuant to § 2 of the statutes.

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