§ 1 Name, head office, financial year
1. The name of the association is
After its registration in the register of associations at the Local Court (Amtsgericht) of Frankfurt/Main it will also bear the suffix e.V..
2. The association has its head office in Frankfurt/Main.
3. The financial year is the same as the calendar year.
§ 2 Integration, purpose of the association
1. (...) is a non-profit making association whose head office is in Paris/France and whose purpose is the representation and development of "______________" through related and associated activities which do not affect the non-profit making nature of the association. "______________" includes marketing, advertising strategies and similar measures which are carried out at the point where a service or a product is sold. To promote this aim on a European level, associations are being formed in the individual European countries which pursue this non-profit making aim as the constitutional aim of the association. The association "(...)" has been formed in order to pursue this non-profit making aim in the Federal Republic of Germany.
2. The purpose of the association is the promotion, representation and development of "______________" by related and associated activities which do not affect the non-profit making nature of the association. The objective of the association is particularly realised in training and coaching members in the field of "______________".
3. The association shall only pursue aims which are directly of a non-profit making nature, as defined in the section "Purposes Eligible for Tax Relief" of the Fiscal Code of 1977 (sections 51 to 68 AO).
4. The association shall not be active in its own interests and shall not pursue any economic aims of its own.
5. The association's funds may only be used for the purposes set out in the constitution. In their capacity as members, the members of the association shall receive no endowments or dividends from the association's funds. In addition to this, no parties shall benefit from expenditure which is alien to the purpose of the corporation or from an unreasonably high remuneration.
§ 3 Membership
1. Any natural person or legal entity may become an active member of the association if their main or occasional occupation or any other activity of theirs is related to "______________", in particular:
· Users and those who order the use of "______________" (advertising specialists, advertising agencies, marketing consultants);
· People active in sales;
· Members of the consulting and teaching professions;
· Designers, advisers, agencies for "______________";
· Organisations and associations to do with "______________";
· Developers of "______________"
· Service providers
· The following suppliers for "______________" (manufacturers, suppliers and distributors of raw material and technology).
2. The association may have natural persons or legal entities as its honorary members who do not belong to the occupational groups set out above. The honorary members shall be proposed by the committee and ratified by the general assembly of members. The honorary members shall not have voting rights. The number of honorary members should not exceed 10 % of the total number of members.
3. An application to join the association must be made in writing.
4. The committee shall decide whether to approve the application to join the association. An appeal may be made against the decision within one month before the next general assembly of members.
§ 4 Resigning from the association
1. A member may only resign from the association on 31 December of the relevant calendar year. Notice must be given in writing and received by the committee 3 months before the end of the calendar year.
2. Members who have resigned from the association shall have no claim to a share in the assets of the association.
§ 5 Exclusion from the association
1. A member who acts against the interests of the association by wilful intent or due to gross negligence may be excluded from the association.
2. Before being excluded from the association, the member concerned must be allowed to put his, her or its case. Should this member submit a written declaration, this declaration must be read out at the general assembly of members.
3. Exclusion from the association can only be decided by a 2/3 majority of the general assembly of members.
4. The resolution pertaining to exclusion from the association with appropriate reasons must be served on the member in writing.
5. Clause 4, paragraph 2 of this constitution shall apply accordingly.
§ 6 Membership dues
1. The sum of the membership dues shall be determined by the general assembly of members.
2. The membership dues shall be payable on 1 January of every year.
3. Members who are more than three months in arrears with their membership dues shall be reminded in writing that payment has become due. Should a member still have failed to pay the dues 3 months after receiving this reminder, the committee of the association can initiate proceedings to exclude the member from the association in accordance with clause 5.
§ 7 Agents of the association
1. The agents of the association shall be the general assembly of members and the committee.
2. Further agents may be appointed by virtue of a resolution of the meeting of members.
§ 8 The committee
1. The committee shall conduct the affairs of the association in an honorary capacity.
2. The committee shall consist of
· the first chairman;
· the second chairman;
· the treasurer;
· the secretary;
· the former first chairman;
· a delegate to attend the committee meetings of ______________ Europe.
3 The first chairman, the second chairman and the treasurer can only be dismissed from office by an extraordinary general assembly of members.
4. The members of the committee shall be elected by the general assembly of members for a period of one year and by secret ballot. All members of the committee shall remain in office until new elections are held, even if their term of office has expired. The chairman can only be relected at the end of four years.
5. The committee's resolutions shall be based on section 28, paragraph 1 in connection with section 32 of the German Civil Code. If there is a parity of votes the chairman shall give the casting vote.
6. The committee should meet at least 4 to 5 times a year. A meeting of the committee should correspond to the general assembly of members.
7. The association shall be represented in court and outside court by the first chairman and by the second chairman. Each of them shall be entitled to represent the association alone.
§ 9 The general assembly of members
1. The general assembly of members is exclusively responsible for
a) Amendments to the constitution;
b) The approval of the committee's actions and its reelection;
c) Determining membership dues;
d) Deciding on the appeal of an applicant who has applied to join the association and whose application has been dismissed by the committee;
e) Excluding a member;
f) Dissolving the association.
2. An ordinary general assembly of members must be held at least once a year.
3. An ordinary general assembly of members must be called in writing by giving a period of notice of at least six weeks and announcing the agenda.
4. If the interests of the association so require, the committee shall call an extraordinary general assembly of members.
5. In addition to this, an extraordinary general assembly of members may be called if at least 20 % of the members sent a written request to this effect to the committee, stating the reasons.
6. An extraordinary general assembly of members shall be called in writing by giving a period of notice of at least 3 weeks and announcing the agenda.
§ 10 Procedural rules for the general assembly of members
1. The committee shall be responsible for determining the agenda and summoning the committee. The general assembly of members shall be presided over by the first chairman. If the first chairman is prevented from doing so, the general assembly of members must be chaired by the second chairman. The general assembly of members may select someone to head the meeting if there are reasons for doing so.
2. The general assembly of members may strike items from the agenda and place new items on the agenda.
3. Elections and resolutions shall be passed by a show of hands. On the motion of a quarter of the general assembly of members elections and resolutions shall be kept secret.
4. When candidates are being elected to the committee, the candidate who obtains the largest number of votes shall win the vote. Other decisions shall require a simple majority.
5. However, should the subject of the vote be the exclusion of a member, an amendment to the constitution or the dissolution of the association a 2/3 majority shall be required. An amendment to the purpose of the constitution can only be decided unanimously. Any members who are absent will have to give their consent at a later date.
6. Abstentions shall not be counted.
7. Minutes must be kept on the general assemblies of members and are to be signed by the secretary and by the person who chaired the meeting.
8. Resolutions may be made in writing and general assemblies of members called without observing a period of notice or other formalities if all members of the association are in agreement.
§ 11 The dissolution of the association and the use
of the association's assets
1. In the event of the dissolution of the association the officiating members of the committee shall be the liquidators.
2. If the association is dissolved or if its purposes should no longer be eligible for tax relief, its assets are to be used for purposes which qualify for tax relief. Any resolutions concerning the future use of the association's assets may only be executed after approval has been obtained from the tax authorities.
The following parties shall sign as founding members
Name and address
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