Articles of Association
This is an inofficial English translation of the Articles of Live for Life. It is just intended as a help for our English-speaking colleagues and not legally valid.
§ 1 Name, registered office, financial year
- The association is named "Live for Life e.V."
- Its registered office is located in Eichstaett and it should be inscribed into the register of associations.
- Business year is the calendar year.
§ 2 Aims and Conception of the association
- The aim of the association is the advancement of welfare and the civic commitment for social intentions.
- The association accomplishes its aims especially by
- organising cultural, sportive, crafting, educating and youth cutural beneficient activities and events. The returns are donated only to such corporate bodies that are directly and exclusively pursuing non-profit or beneficient aims of welfare.
- offering a platform and an organizational infrastructure, in which individuals can participate according to their abilities, but can at the same time take advantage of being part of a collective and thereby being able to achieve more outcome.
- building a network for communication and presentation of its potential by using the association's homepage, which should initiate the members' own initiatives in the form of creating activities.
- creating awareness for humanitarian needs by public relations such as speeches, flyers, events and information on the association's website.
- following the "non-donation-principle" by shifting the focus on the use of available talents and regularly performed activities, which guarantee a simple participation. The "non-donation-principle" says that the association is not allowed to take money that was not earned by an effort according to paragraph 2.1.
§ 3 Tax deduction
- The association's agenda is to support solely and directly charitable purposes according to the part "Tax deducted Purposes" of the General fiscal law. The association operates altruisticly. It does not pursue goals primarily serving its own economic interest.
- Financial means of the association shall only be used according to the principles layed down in the Articles of the association. The member do not receive any allocations by the association. Nobody may receive any financial means if not according to the articles of the association and nobody may receive disproportionally high compensation.
§ 4 Membership
- Any individual and juristic person may become a member, supporting the aims of the association.
- Membership is obtained by filling in an application.
- The exit of a member should be announced by declaration to the board in written form within the deadline of about 3 months at the end of the fiscal year.
- A member may be discharged with the resolution of the advanced board, if the member acts not accordingly to the aims of the association or if he/she does not excercise his/her duties. To prevent the discharge the member may contact the general meeting. This meeting then definetly decides with a 2/3 majority. The member should be invited and his/her case should be heard.
- The membership ends with death.
§ 5 Financial contributions
The members contribute to the association accordingly to a resolution of a general meeting. This contribution should be used to cover material and administrative costs. The determination of the contribution's capacity and payment date requires a simple majority in the general assembly of all members who are present and entitled to vote members.
§ 6 Organs of the association
- Organs of the association are the following:
- The board according to § 26 BGB
- Commission
- General assembly
- The board acc. to § 26 BGB and the commission form together the "extended board".
§ 7 The board according to § 26 BGB and the commission
- DThe board acc. to § 26 BGB consists of:
- the chairperson
- the second chairperson
- the treasurer
- The commission consists of:
- the recording clerk
- one to max. three assessors
- Board according to § 26 BGB and managing board consists of the two chairpersons and the treasurer. The two chairpersons are entitled to represent the association on their own, the treasurer is not. Their duties are the administration of business, the signing of contracts, the decisions of the association and the financial administration.
- The commission consists of the recording clerk and one to max. three assessors. The positions of the commission have to be elected and assigned during the election of the board. The commission has to support the board's work.
- The mandate of the members of the advanced board is 1 year. The stay in office until the appointement of the new advanced board.
- Members have to be invited to advanced board meetings one week prior to the meeting in written form or via email. Their rulings are decided by the majority of vote. In the case of equality of votes the first chairperson decides.
- The first chairperson calls the advanced board as often it is required or if three members request a meeting, he also is in charge of the meetings.
- The recording clerk writes the documents needed for the resolutions of the advanced board and of the general meeting. It is his/her duty to write meeting minutes of every meeting of the advanced board and of the general meeting, especially those that define decisions. The meeting minutes have to be approved in the following meeting and have to be signed by the first chairperson and by the recording clerk.
- The treasurer manages the budget of the association, keeps the books about the numbers of members as well as about all incomes and expenses. She/he has to report to the annual general meeting about that. She/he receives all payments for the association for his exclusive quittance but may only actively perform payments by order of the chairpersons.
§ 8 Meeting of Members
- Supreme organ is the meeting of members. The chairmperson of the board normally directs it.
- The meeting of members decides on the guidelines for the work of the association and on the most important questions . The duties and responsibilities are in particular:
- Election and voting out of the board of directors.
- Advice about the level and the planning of the work.
- Acceptance of the economic and input plan of the board of directors.
- Decision-making about the annual accounts.
- Acceptance of the annual report of the board of directors.
- Decision-making about the exculpation of the board of directors.
- Decree of the financial contribution which is not part of the articles.
- Decree of internal rules of procedure which are concerning the managing board of directors.
- Decision-making about the adoption of new duties and responsibilities or the pullback from duties and responsibilities on the part of the association.
- Decision-making about changements of the articles and the breakup of the association.
- The chairperson of the board announces the meeting of members at least two weeks prior to the meeting via invitations by email or in written form presenting the provisional agenda. The meeting of memebers is held as often as necessary, normally once a year.
- There is an exceptional meeting of members if at least 25% of the members call for it by giving reasons. It has to be held at the latest five weeks after the request of appeal in written form was received.
- The meeting of members constitutes a quorum when more than one tenth of the members are present; its decisions are valid in case of majority of votes. In absence of quorum, the chairperson immediately announces the date of the second meeting of members dealing with the same agenda. This decision is valid regardless of the number of present members. This fact is to indicate in the invitation.
- There has to be a written record of decisions and of the essential process of negotiations, as far as it is necessary to comprehend the decison-making. It is signed by the chairperson and the recording clerk.
§9 Distribution of Funds
- The association is entitled to pass on its funds to charitable bodies inland.
§ 10 Breakup of the association and changing of articles
- The meeting of members decides on changings of articles, changings of the association's goals and its breakup. Suggestions concerning the changing of articles, the changing of goals and the breakup of the association have to be presented to the members at the latest two weeks prior to the meeting of members. Decisions are valid in case of a two-third majority of the votes taken by members that are present and eligible to vote.
- Changes or supplements of articles that are officially required by the responsible registration office or tax office are implemented by the "advanced board" and do not require decisions made by the meeting of members. These changes or supplements have to be presented to the members at the latest by means of the next invitation to the meeting of members.
- In case of the breakup of the association or the loss of tax-privileged intentions, the meeting of members decides on the use of the association's capital. Decisions on the use of the capital in future can only be performed with the approval of the tax office.