Statutes of the Network Finchen eV Support Association


 

§ 1 Name and registered office(1) The association shall be called "Netzwerk Finchen". It shall be entered in the register of associations of the Arnsberg District Court. After registration, the association shall be entitled eV

(2) Its seat is in Arnsberg.

§ 2 Purpose of the Association, Non-profit status(1) The purpose of the Association is

    the promotion of national and international animal and species protection, the financial, material and practical help for animals in need, both in Europe and outside of Europe, the detection and prevention of animal cruelty, mistreatment and abuse

(2) The purpose of the statutes is achieved in particular by supporting animal shelters, animal welfare organisations and projects in European and non-European countries through the procurement of funds, contributions and donations as well as events which serve to promote the supported purpose.

(3) The association exclusively and directly pursues non-profit purposes within the meaning of the section "Tax-privileged purposes" of the German Fiscal Code (§§ 51 ff AO). It is a support association within the meaning of § 58 No. 1 AO, which uses its funds exclusively to promote the tax-privileged purpose stated in § 2 Paragraph 1 of the Articles of Association.

(4) The association operates on a non-profit basis and does not primarily pursue commercial purposes.

(5) The association's funds may only be used for the purposes set out in the statutes. Members may not receive any donations from the association's funds. No person may be favored by expenses that are unrelated to the association's purposes or by disproportionately high remuneration.

 

(6) The association offices are honorary positions. Expenses can be reimbursed, including, for example, payments within the scope of the honorary office allowance.


§ 4 Membership(1) Any adult natural person, legal entity or legal entity may become a member.

(2) To become a member, a written application must be sent to the Board of Directors. The Board of Directors decides on the application at its own discretion and is not obliged to provide reasons for rejection. There is no entitlement to membership.

(3) Membership initially lasts for one year and is automatically extended for one year at a time unless it is terminated in writing to the board three months before expiry. Membership begins on the first of the month following the application and as soon as the member to be admitted has paid the membership fee due to the association, but no earlier than with the approval of the board. By admitting, the member accepts the statutes.

(4) Membership ends through voluntary resignation, exclusion from the association or death of the member.

(5) Voluntary termination of membership must be declared in writing to the Board of Directors at the end of the financial year, giving three months' notice. It will only take effect at the end of the year.

(6) The Board of Directors may, by simple majority, remove a member from the membership list if he or she is in arrears with the payment of the annual membership fee in whole or in part, despite a written reminder. The possibility of cancellation of membership must be indicated in the reminder.

(7) A member can be excluded with immediate effect and for good cause if the member has grossly violated the statutes, regulations, the purpose of the statutes or the interests of the association. The board decides on the exclusion of a member by a simple majority. Before the decision is made, the member must be given a period of two weeks to comment on the allegations made before the exclusion from the association. A written statement from the person concerned must be read out at the board meeting. The decision to exclude must include reasons and be communicated to the member by registered letter.

(8) Upon termination of membership, regardless of the reason, all claims arising from the membership relationship expire. A refund of contributions, donations or other support services is generally excluded. The association's claim for outstanding contributions remains unaffected.

(9) Termination of membership shall result in the loss of all offices held by the member concerned. All documents of the association shall be sent to the first chairman without delay.

(10) The Association may appoint natural persons as honorary members who have distinguished themselves in the field of animal, species or nature conservation in general or through their special services to the Association.


§ 5 Contributions

(1) Every member of the association must pay the minimum annual membership fee. The exclusion of a member does not release him or her from the obligation to pay the minimum annual membership fee that has become due.

 

(2) The amount of the minimum annual contribution for natural persons shall be set by the General Meeting. A reduced contribution is possible for pupils, students and pensioners.

 

(3) The amount of the minimum annual membership fee for legal entities, associations and companies shall be determined by the Board of Directors.

 

(4) The annual membership fee is due within the first quarter of the financial year without special notice. In order to reduce administrative expenses and costs, members are asked to authorize the board to debit the membership fee from their account. This authorization can be revoked at any time.

 

(5) The Board of Directors may defer or partially or completely waive membership fees. Honorary members are exempt from membership fees.

(6) Members are free to accept a higher contribution obligation or to support the purposes of the association by monetary or material donations in addition to the annual contribution.

(7) Persons who acquire their membership during a financial year shall pay only the proportionate contribution for the remaining months for that financial year.

 

 

§ 6 Bodies of the Association

 

(1) The organs of the association are:• the board• the general meeting

 

 

§ 7 Board of Directors

 

 

(1) The Board of Directors is elected by the General Meeting. It consists of:

 

the Chairperson

the Vice-Chairman

the treasurer

the secretary

 

(2) The Board may be expanded to include additional members elected by the Board from among its members. These members must be appointed at a Board meeting.

 

(3) The combination of several management board mandates in one person is not permitted.

 

§ 8 Responsibility of the Board of Directors

 

(1) The association shall be represented in and out of court within the meaning of Section 26 of the German Civil Code (BGB) by two members of the board, including the chairman or the deputy chairman.

 

(2) The Board of Directors is responsible for all matters of the Association unless they are assigned to another body of the Association by the Articles of Association.

 

(3) The Board of Directors may authorise individual Board members to undertake certain transactions or certain types of transactions. This authorisation must be given in writing.

 

(4) The duties of the Board of Directors shall include:

• Preparation of the general meeting and drawing up of the agenda.• Convening of the general meeting.• Implementation of the resolutions of the general meeting.• Drawing up a budget for each financial year; bookkeeping; preparation of an annual report.• Conclusion and termination of employment contracts.• Decisions on the admission, deletion and exclusion of members• Determination of the amount of the minimum annual contribution for legal persons, associations and companies

§ 9 Term of office of the Board of Directors

 

(1) The members of the Board of Directors are elected by the General Meeting for a period of three years. They remain in office until a new Board of Directors is appointed. The Board of Directors members for the first term of office after the foundation were elected at the founding meeting.

 

(2) Each member of the Board of Directors shall be elected individually. Only members of the Association shall be eligible for election.

 

(3) Any person who is of legal age and a member of the association may be elected to the board of directors; this does not apply to the first members of the board after the association is founded.

 

(4) If one of its members resigns before the end of his or her term of office, the Board of Directors may appoint a temporary representative.

 

(5) The term of office of the members of the Board of Directors ends with the new election. The term of office of a subsequently elected member of the Board of Directors also ends with the new election.

 

§ 10 Resolutions of the Board of Directors

 

(1) The Board of Directors shall generally take its decisions in Board meetings convened by the Chairman or, in his absence, by the Deputy Chairman.

 

(2) The meeting of the Board of Directors shall be chaired by the Chairman or, in his absence, by the Deputy Chairman.

 

(3) There is no need to communicate the agenda.

 

(4) The Board of Directors has a quorum if at least two Board members are present and one of them is the first or second Board member.

 

(5) The Board of Directors decides by simple majority. Decisions can also be made by circulation, i.e. with written consent by letter, fax or email, if all Board members declare their consent to the regulation to be decided.

 

(6) The decisions of the Board of Directors shall be recorded in writing and signed by the chairperson of the meeting. The minutes shall contain the place and time of the Board of Directors meeting, the names of the participants, the decisions taken and the voting results.

§ 11 General Meeting(1) The General Meeting shall be exclusively responsible for the following matters:

• Approval of the budget drawn up by the Board of Directors• Receipt of the Board of Directors' annual report• Discharge of the Board of Directors• Determination of the amount and due date of the minimum annual contribution for natural persons• Election and removal of members of the Board of Directors• Resolution on changes to the statutes and on the dissolution of the association• Appointment of honorary members

 

(2) In matters falling within the area of responsibility of the Board of Directors, the General Meeting may decide on recommendations to the Board of Directors. The Board of Directors may, in turn, seek the opinion of the General Meeting in matters falling within its area of responsibility.

 

(3) The general meeting shall be chaired by the chairman or, in his absence, by the deputy chairman or another member of the board. If no member of the board is present, the meeting shall appoint a chairperson.

 

(4) The person responsible for taking the minutes shall be appointed by the chairman of the meeting; a non-member may also be appointed as the person taking the minutes.

 

(5) Minutes of the general meeting must be recorded and signed by the chairperson and the person taking the minutes. They should contain the following information: the time and place of the meeting, that the chairperson has confirmed that the invitation was sent in accordance with the statutes and that the meeting has a quorum, the person chairing the meeting and the person taking the minutes, the number of members present, the agenda, the individual voting results and the type of voting. In the case of changes to the statutes, the exact wording is given.

 

(6) The general meeting is not public. The chairman of the meeting may admit guests. The general meeting decides on the admission of the press, radio and television by a simple majority.

 

§ 12 Convening of the General Meeting

 

(1) The ordinary general meeting shall take place at least once a year, if possible in the first quarter of each year.

 

(2) The Board of Directors shall convene a meeting in writing by letter, fax or email, specifying the agenda, with a notice period of three weeks. The notice period shall begin on the day following the dispatch of the invitation letter.

 

(3) The agenda for the meeting shall be established by the Board of Directors.

§ 13 Resolutions of the General Meeting

 

(1) All ordinary members who have reached the age of 18 years - including honorary members - are entitled to vote. Each member has one vote, which may only be exercised in person.

 

(2) The type of voting shall be determined by the chairman of the meeting. Voting shall normally be by a show of hands, but shall be conducted in writing if one third of the members entitled to vote present at the vote so request.

 

(3) Any duly convened general meeting shall have a quorum regardless of the number of members present.

 

(4) The General Meeting shall generally take decisions by a simple majority of the valid votes cast; abstentions shall therefore be disregarded.

 

(5) However, amendments to the statutes require a majority of three quarters of the valid votes cast, and dissolution of the association requires a majority of four fifths.

 

(6) The following shall apply to elections: If no candidate has obtained a majority of the votes cast in the first round of voting, a run-off election shall be held between the two candidates who have obtained the highest number of votes.

 

§ 14 Extraordinary General Meetings

 

(1) The Board of Directors may convene an extraordinary general meeting at any time. This must be convened if the interests of the association so require or if one third of all members request the meeting in writing from the Board of Directors, stating the purpose and reasons. Sections 11, 12 and 13 apply accordingly to the extraordinary general meeting.

 

§ 15 Accounting

 

(1) The association's financial statements must be audited annually for the previous financial year by two auditors appointed by the general meeting. The results of this audit must be reported at the general meeting that decides on the discharge of the board of directors for the previous financial year. The term of office of the first elected team of auditors ends at the end of the general meeting at which the term of office of the first board of directors elected since the association's founding ends; the further terms of office are linked to the following terms of office of the board of directors then confirmed or newly elected.

 

 

§ 16 Dissolution of the association

 

(1) The dissolution of the association can only be decided at a general meeting with the majority of votes specified in § 13.

 

(2) If the association is dissolved/tax-privileged purposes cease to exist, the liquidation shall be carried out by the members of the Board of Directors in office at the time of the dissolution resolution.

 

(3) If the association is dissolved or if tax-privileged purposes cease to exist, the assets shall be used for tax-privileged animal welfare purposes and transferred to the

 

Animal Protection Association in the District of Oberhavel e. V., Emergency Room Tornow, Blumenower Straße 3, 16798 Fürstenberg/Havel, OT Tornow, (Tax Office Oranienburg, Tax No.: 0049 170 46 23 673. (4) The members of the association have no claim to the association's assets.

(5) The above provisions shall apply mutatis mutandis to any case in which the association is dissolved for any other reason or loses its legal capacity.

 

§ 17 Miscellaneous

(1) Formal notifications, such as invitation letters, reminders, etc., are deemed to have been received by the member if they are addressed to the last address known to the association.(2) All members of the association are obliged to serve and promote the purpose of the association to the best of their knowledge and belief.(3) The statutes were adopted in the above version by the founding meeting on 31.03.2009.

 



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