Constitution
Charter of the Non-Profit Association "Bangladesch Jugendförderung e.V."
§ 1 Name and Registered Office
The Association shall bear the following name:
"Bangladesch Jugendförderung e.V."
The registered office of the Association shall be located in Munich.
It Association be entered into the Register of Associations.
The financial year shall coincide with the calendar year.
§ 2 Purpose of the Association
The association "Bangladesch Jugendförderung e.V.” with its registered office in Munich shall directly and exclusively pursue non-profit and charitable purposes within the meaning of the section "Tax-privileged Purposes” of the German Fiscal Code [AO].
The purpose of the Association shall be the promotion of juvenile welfare services and education as well as the promotion of charitable purposes. It aims at ensuring the training of talented young people in Bangladesh if, for economic reasons, their parents are not able to ensure corresponding education for their child.
The purpose of the Association shall be carried out in particular through:
- financial promotion of needy talented pupils
- financial promotion of needy talented students
- financial promotion of schools without government support in the case of ethnic minorities
The charter aims shall initially be carried out in a direct fashion; the headmasters of those schools that are selected by the Association in order to promote talented youth shall be called upon as auxiliary personnel. In order to enhance the effectiveness of such support, a non-profit association that ensures distribution of the respective funds in accordance with the Articles of Association and which is accountable to the German association shall be established in Bangladesh in the medium term.
§ 3 Altruism
The activities of the Association shall be altruistic. It shall not seek to make a profit. The funds of the Association may only be used for purposes in accordance with the Articles of Association. The members of the Association shall not receive allowances from the funds of the Association in their capacity as members. No one may be permitted to benefit from expenditures that are not related to the purpose of the Association, or through disproportionately high remuneration.
§ 4 Membership
Any individuals or legal entity that supports the aims of the Association may become a full member. Support shall usually take place through free honorary work within the scope of the Association’s activities as well as through membership dues and donations.
The prerequisite for membership shall be an application for membership addressed to the Executive Committee. The Executive Committee shall decide on the application for membership at its own discretion. The Executive Committee shall not be obliged to communicate the reason for its decision in the event that an application is rejected.
Membership shall end upon death, exclusion, deletion from the membership list or withdrawal from the Association. Any withdrawal shall be declared vis-à-vis the Executive Committee and will be effective at the calendar month when the last membership fee was paid. The Executive Committee may resolve to remove a member from the membership list if the respective member refuses to fulfill his or her membership obligations despite receiving a second reminder, or is 12 months in arrears with his or her membership dues.
A member may also be expelled by the Executive Committee with immediate effect if said member violates the aims and interests of the Association. However, prior to the adoption of such resolutions the respective member must be given the opportunity to make a statement and/or justify his or her actions. The affected member may appeal the resolution for expulsion within a period of four weeks following receipt of written justified notification of the expulsion resolution. Such appeal will be heard at the next General Assembly of Members which shall then reach a final decision.
§ 5 Membership Dues
Members shall pay contributions in accordance with a resolution adopted by the General Assembly of Members.
§ 6 Governing Bodies of the Association
The governing bodies of the Association shall be:
- the General Assembly of Members
- the Executive Committee
- the Association Advisory Board
§ 7 General Assembly of Members
The General Assembly of Members shall be the highest body of the Association. The General Assembly of Members shall be convened once per year. An extraordinary General Assembly of Members shall be convened if required in the interest of the Association or if required in writing by 30% of the members of the Association while indicating the specific reasons.
The General Assembly of Members shall be called for in writing by the Executive Committee with a period of notice of at least
two weeks and simultaneous publication of the agenda. The General Assembly of Members shall be responsible for any tasks
that are not transferred to another body in accordance with the Articles of Association. The General Assembly of Members
shall be responsible for the following tasks in particular:
- appointment and dismissal of the Executive Committee
- appointment and dismissal of the Association Advisory Board
- appointment of two independent auditors for a term of two years
- receipt of the annual and cash reports
- receipt of the cash auditor’s report
- discharge of the Executive Committee
- adoption of resolutions on the determination of membership dues
- adoption of resolutions with regard to amendments of the by-laws, where a two-thirds (2/3) majority shall be required
- adoption of resolutions on the long-term tasks and aims of the Association as well as the financial measures required to this end.
Any General Assembly of Members that is convened in accordance with the Articles of Association shall be capable of adopting resolutions independently of the number of the members appearing. Each member shall have one vote. The right to vote shall not be transferable. The General Assembly of Members shall adopt its resolutions with a simple majority of the members present and eligible to vote. A petition shall be deemed as rejected in the event of equality in the number of votes. Invalid votes and abstentions shall not be counted. The minutes of the General Assembly of Members shall be signed by the person taking the minutes (secretary or as a substitute a person designated from the ranks of the meeting to take the minutes) and the chairperson or a deputy chairperson.
§ 8 Executive Committee
The Executive Committee shall consist of:
- the chairperson
- the four deputy chairpersons
- the treasurer
- the secretary
The Executive Committee shall represent the Association both in and out of court. All of the Members of the Executive Committee shall be authorized to solely represent the Association within the meaning of Section 26 of the German Civil Code [BGB]. The Executive Committee shall be elected by the General Assembly of Members for a term of two years. Each member of the Executive Committee shall be elected individually. Re-election is also possible. The respective members of the Executive Committee shall remain in office upon elapse of their term of office until their successors are elected. If a member of the Executive Committee prematurely withdraws from office, then the Executive Committee may elect a successor for the remaining term of office of the withdrawing member. The Executive Committee shall be responsible for the day-to-day business of the Association. The work of the Executive Committee shall be carried out on an honorary basis.
Executive Committee meetings shall take place as required; however, twice per year at least. Invitations to the Executive Committee meetings may be communicated either verbally or in writing. The Executive Committee shall be competent to adopt resolutions at its meetings if four members of the Executive Committee are present. The Executive Committee may also make decisions via e-mail if the members of the Executive Committee are in agreement with this procedure. The Executive Committee shall adopt its resolutions with a simple majority. Any adopted resolutions shall be recorded in writing and signed by a member of the Executive Committee. The secretary (or as a substitute a person designated from the ranks of the meeting to take the minutes) shall record the Executive Committee meetings.
The Executive Committee shall be responsible for the following tasks in particular:
- selection and proposal of the persons, schools and development aid projects which are to be supported
- preparation and convening of the General Assembly of Members
- execution of resolutions adopted by the General Assembly of Members
- preparation of the budget, accounting, preparation of the annual report
§ 9 Association Advisory Board
The Association Advisory Board shall be elected by the General Assembly of Members for a term of two years. The Association Advisory Board shall consist of four members. It shall have an advisory function. The Association Advisory Board shall also be invited to the meeting of the Executive Committee. The members of the Association Advisory Board may not be members of the Executive Committee.
§ 10 Recording of Resolutions
The resolutions adopted in the Executive Committee meetings and in the General Assembly of Members shall be recorded in writing and signed by a member of the Executive Committee. The minutes of the General Assembly of Members shall also be signed by the person taking the minutes (secretary or as a substitute a person designated from the ranks of the meeting to take the minutes).
§ 11 Dissolution of the Association and Commitment of Assets
In the case of dissolution of the Association or omission of tax-privileged purposes the assets of the Association shall go to the German Parity Association for Social Welfare and Charity [DPWV] which is to employ such assets directly and exclusively for non-profit or charitable purposes that are as similar in aim as possible.
Any resolutions with regard to the use of assets of the Association shall in the event of dissolution or abolition be submitted to the competent tax office for approval prior to their entry into force.