Statute of „Hilfe von Mensch zu Mensch e.V.“
§ 1 Name, residence
The association is called “Hilfe von Mensch zu Mensch e.v.”
The association has its residence in Munich/Germany
It is registered in Munich/Germany
§ 2 Aims
The association’s aim is to support victims of war especially, but not exclusively, in the former Yugoslavian countries. The association also aims to promote international consciousness and tolerance towards war victims, and the care of war refugees from outside Europe.
§ 3 Tasks
The humanitarian field
a.) The priority aim is to help innocent victims (children, women and older people) to survive the war and start a new and decent life. b.) To promote the health of war victims despite their political, ethnic, religious and other affiliations according to the definition of W.H.O., as a state of physical, psychological and social well-being. c.) The support and promotion of health is made by aid transportations containing clothes, food, medicine and medical equipment as well as donations, which are used to set up infrastructure and to carry out specific projects.
Consultation, help for return and reintegration
a.) Advise war refugees, civil war refugees, exiles and political asylum applicants with integration questions in the host countries and after their return in their origin countries. b.) b) Financially support the returning people with their reintegration, especially by means of the organization in transporting returning people allowing them to bring also their household effects. c.) c) Make education available for the people in and from former areas of war and crisis. Try to increase their chances of success on the labour market, and to help them manage their lives more effectively.
Promotion of tolerance
a.) The aim of the association is to promote activities that increase the understanding of other cultures and the social conditions of threatened people in areas of crisis. b.) Promotion of international consciousness of tolerance in all fields of culture and the idea of international understanding. c.) Carried out by events, publications and by co-operation with similar institutions both at home and abroad.
§ 4 Common good
The association pursues only charitable aims according to the §52 of the topical constitution rule
The association acts unselffish, it does not pursue own economic aims. It does not strive after profit. The association receives the resources which are necessary to reach its aims through membership subscuritions, donations and through sharing of costs in cases of special measures.
The association’s resources are only allowed to use according to the aims of the statute. The members do not receive donations out of the association’s resource. Expenses which arise according to the association’s aims (§1+2) are refundable to the members. If possible the expenses should be proved.
Nobody is allowed to be favoured by expenses if they do not serve the association’ aims or if they are excessively
§ 5 Membership
Every adult and every corporation which feels commited to the tasks of the registered society “Hilfe von Mensch zu Mensch e.v.”) is allowed to become member of it. Membership means the right and the duty to participate. Members of the association:
full members
supporting members
Full members are these people which accept and support § 2+3 of the statute and have come to the end of the 14 th year of their lifes.
§ 6 Beginning and ending of the membership
The committee decides about the reception of full and of supporting members on the basis of a wirtten application. The membership starts when the committee has confirmed the reception. The membership of full members ends due to their leaving, their death or their exclusion. The membership of supporting members ends due to their leaving, their death, and their exclusion or due to the dispersal of the body corporate. The leaving is to hand in written at least six weeks before the end of the year. The exclusion caused by an offence against the interests of the registered society “Hilfe von Mensch zu Mensch e.v.” occurs by mens of the decision of the committee. For this decision, a two-third-majority of the present members of the committee is necessary.
§ 7 Membership subscription
The members of the registered society “Hilfe von Mensch zu Mensch e.v.” are liable to a duty of subscription. The level of the membership subscription is fixed by the general meeting.
§ 8 Organs of the association
The organs of the association are:
the general meeting
the committee
§ 9 General meeting
The general meeting takes place according on demand, but at least once a year. Place and time will be fixed by the committee. The committee convenes the meeting in writing four weeks ahead in mentioning the agenda. The committee has to convene a general meeting within six weeks if it is demanded by at least one third of the members in writing announcing the agenda.
The meeting has a quorum if more than half of the invited people or after § 9.4. authorized members are present. A full convened general meeting has always a quorum.
The resolutions of the general meeting need for effectiveness, subject to the special provision in§ 13, the simple majority of vote.
Every member of the association can be represented in the general meeting by another member of the association being authorized in writing by himself, but a present member can, besides of his own vote, only represent one.
§ 10 Tasks of the general meeting
The general meeting as the highest committee has the quorum. It is in principal responsible for any task provided that after the statute other organs of the association are responsible for special tasks. Tasks of the general meeting are particularly:
Election and approval of the committee
Election of the treasurer
Election of the returning officer
Consultation of the committee
Determination of the membership subscription
Permission of the budget
Permission of the report ( of activities) of the committee
Receipt and vote of the treasurer report
Resolution over statute change after § 13
Decision of the disbanding of the association after § 13
Buy and Sale of property is only allowed with the agreement of the general meeting
Carry out of the general meeting:
The general meeting is lead by the chairman/woman; if he/she is unable to come by the deputy or the treasurer
The votes occur by acclamation and raising hands. The vote has to occur in writing if it is applied by 1/3 of the present authorized members
The general meeting decide generally with a simple majority of the votes. If there is a tie, the application is refused
A person who has received more than half of the given correct votes is elected. If nobody has received more than half of the votes, there is a final ballot between the two candidates who have the most of the votes. If then there is a tie, the meeting leader decide to draw. If a member is not present during a general meeting he has to explain the representation of the authority responsible for organising elections in constituencies within one month by means of the written agreement.
§ 11 The committee
The committee is elected by the general meeting for two years. It operates the business of the association after the statute and the resolutions of the general meeting. Up to 8 persons form the committee. The committee consists of up to eight people. Up to seven people are to elect out of them:
a chairman/-woman
up to two deputies
a treasurer
up to three committee members
the appointed secretary is advisory member and born member of the committee
The decision about residence, contents, and actions of the registered society “Hilfe von Mensch zu Mensch e.v.” is incumbent upon the committee. He appoints and dismisses a fulltime secretary. Furthermore, he is allowed to appoint and to dismiss consultants and study groups for special tasks. As a rule, the offices invite to board meetings two weeks in advance. The committee has a quorum if at least three members are present at a full convened meeting. The committee’s resolutions need to be accepted with simple majority to become effective, a special provision is mentioned in §6. The committee’s job is honorary. Evolving expenses are refundable. The term of office lasts two years. The committee stays in office up to the election of anew committee.Reelection is possible. Chairman,one of the deputies and the treasurer form the committee according to §26 BGB. Each two members out of this group are allowed to represent the committee. The current business are imcubent upon the committee, the secretry will support them. The committee is allowed to carry out changes in the statute if they are required by the supervisory body, the court body or the tax office for formal reasons. All members need to be informed in writing by these changes. The committee has to decide by majority. The committee is responsible to the gernal meeting.
§ 12 Offices
Current business is taken by the office which is led by the secretary. The secretary is responsible to the committee and to the general meeting.
§ 13 Auditor
The audit is carried out by two auditors who are elected by the general meeting. They are not allowed to be member of the committee. The audit has to take place at least once a year after the annual statement of account. The auditors have to wirte a report -which they hand in to the committee -which they present at the general meeting
§ 14 Regulations
The financial year is the calendar year. Only full members are allowed to practise the actif and passif right to vote. Regulations about changing this staute or the dispersal of the registered society “Hilfe von Mensch zu Mensch e.v.” need a majority of at least two thirds of the present persons entitled to vote. They have to be announced to the responsible tax office and the register court. Changes of the statute which concerne the charitable aims in §2 need the agreement of the responsible tax office. If the general meeting agrees, the chairman and the deputy are the representative liquidates. If the association dispands, the property will belong to the “Paritätischer Wohlfahrtsverband” All resolutions and elections of the association “Hilfe von Mensch zu Mensch e.V.” have to be taken down and to be agreed by the signature of the chairman or his deputy and the report leader. Editorial Changes of the statute on demand of the register court or the tax office are allowed to be carried out without a resolution of the general meeting. The members have to be informed.
