Statutes of Jugend- & Kulturprojekt e.V.
§1 - Name & seat
- The association bears the name “Jugend- & Kulturprojekt e.V.”
- It has its seat in Dresden and is registered in the register of associations at the district court in Dresden and is according to that allowed to bear the appendix “e. V.”
§2 - Purpose
- The purpose of the association is the occupation of young people in youth- and cultural projects.
- For this purpose, the association carries out projects in which young people are integrated. Through the occupation in these projects the social integration of young people should be supported.
- These projects fulfil the following demands:
1. voluntary and gratuitous participation through the young people
2. communicating the sense of community
3. public effectiveness
4. a clear period (4 – 8 weeks)
5. possibility of co-design for the young people
6. under adults’ guidance
These projects should represent a highlight in the young people's life and fill them with a feeling of being directly involved in a big event.
§3 - Non-profit-making character
- The association follows exclusively and directly non-profit purposes in the meaning of the section “tax-advantaged purposes” of the tax code.
- The association is altruistically active; in the first place it does not follow a self-economical purpose. All funds of the association must be used for a statutory purpose only.
- The members, in their position as members, do not get any sum of funds of the association. Nobody is allowed to make expenses which are not in accordance to the associations’ purpose or be reimbursed with excessively high compensations.
- Members who leave, have no claims against the association to get a pro rata payment from the associations’ capital.
§4 - Financial year
- The financial year of the association is the calendar year.
- The first business year is an abbreviated financial year; it starts with the foundation meeting at the 23.08.2004 and ends at the 31.12.2004.
§5 - Membership
- Anybody can become a single member, and any juristic person can become a co-operative member of the association, if they accept the statute and represent the purpose of the association.
- The establishment in the association occurs with a written confirmation of membership, which is decided in a general meeting.
- In case of underage people, it is necessary to have a written consent of the legal representative; juristic persons (except for corporations under public law) have to enclose the statute to their application.
§6 - End of the membership
- The membership ends with resignation, expulsion or death.
- The resignation has to be announced in written form; it will be validated by the end of the month, in which it has been announced. Financial commitments towards the association have to be fulfilled within four weeks after resignation.
- In case of serious offences against the statute, an expulsion can be decided by the general meeting by written petition of each member. The person affected has the right to comment on the petition before the vote.
- The membership of juristic persons expire with their disbanding, at latest.
§7 - Rights and duties of the members
- All members have the right to have an influence on the matters of the association through petitions, votes etc. in the general meetings, and can also have access to the necessary information. They can also take advantage of the active and passive vote.
- Every member has one vote, juristic persons choose a representative who is entitled to vote.
- All members have the duty to represent the interests of the association and to act corresponding to the purpose of the association.
§8 - Membership fees
- There are no membership fees levied.
§9 - Organs of the association
- Organs of the association are the board of members and the general meeting.
§10 - The general meeting
- The general meeting manages the matters of the association through decision making.
- The general meeting takes place minimum once a year (annual general meeting).
- The board of members can call an additional general meeting, if the matters of the association require that.
- The convention of the general meeting occurs through the board of members. It has to occur in written form 28 days before begin, including the meeting day, and under statement of an item on the agenda.
- On petition of a fifth of the members, a general meeting has to be called through the board of members within four weeks.
- The general meeting has especially the following tasks:
a) election of the board members
b) approval of the budget and the cash report
c) establishing the membership fees
d) receipt of the annual report and relief of the board of members
e) election of the auditors
f) decisions about changes in the statute
g) decisions about other applications of matters of the association
- The general meeting has a quorum if a third of all members are present. Is the quorum not established, the members can be invited to a second meeting within three days, which has a quorum, if minimum three members are present.
- Decisions are made with a simple majority, for changes in the statute a two third majority of the present members is necessary.
- Elections take place anonymously. There can be voted openly, if no objections are raised against it. The person voted is somebody, who combines more than half of all valid votes in the first ballot, in a possibly second ballot who gets the simple majority. If more seats have to be filled, they are allocated in the order to the voting result. In case of a tie-vote a final ballot gives the decision, in case of an additional tie, the lot decides.
- Notes from the general meeting, will have to be made and be signed by the chairperson and one member of the board. They have to be accessible to all members.
- General meetings are public, if there is no decision against it.
§11 - The board of members
- The board of members consists of the chairperson and his/her deputy. The chairperson is elected for a period of two years. The voting out is possible any time, through the general meeting.
- The board of members represents the association judicial and out of court. Board of members within the meaning of § 26 BGB is the chairperson and his deputy. The chairperson and his deputy can represent the association each time on their own.
- The board of members manages the day-to-day business. It calls the general meeting and leads it.
- The board of members is accountable towards the general meeting. It has to announce important decisions. The general meeting can abolish them, if necessary.
§12 - Financial system
- The audit and the cash audit occurs minimum once a year, before the annual general meeting, through two auditors appointed by the general meeting, who are not members of the board.
- The auditors have to give a report before the discharge of the board of members.
- Audits through the tax office or other rightful claimants remain unaffected.
§13 - Disbanding
- The disbanding of the association requires a three-quarters majority of all present members in a general meeting, arranged for that reason.
- In case of a disbanding of the association or in case of lapse of the tax-advantaged purpose, the capital is to be used for tax-advantaged purposes. Decisions about the prospective use of the capital are allowed to be executed after the consent of the tax office.
- The capital of the association goes to an association, which is called in the disbanding meeting after settlement of all liabilities. The additional association must work in the field of youth work. The capital can only be used for the support of the youth work.
§14 - Coming into force
- This statute comes into force with the entry into the register of associations; it is left at the district court in Dresden.