Articles of association
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Statutes KiezCare e.V.
1 Name, registered office, registration, financial year
(1) The association bears the name KiezCare e.V.
(2) Its registered office is at Eisenacher Strasse 119, 10777 Berlin, Germany.
(3) It shall be entered in the register of associations.
(4) The financial year is the calendar year.
2 Purpose of the Association
(1) The purpose of the association is to support and promote measures to improve safety in the Schöneberger Kiez.
The purpose of the statutes is realised in particular through the creation, communication and maintenance of the safeplace.berlin platform.
The fight against procurement and other criminality as well as organised crime is the sole responsibility of state institutions. However, citizens of the neighbourhood can provide support by exchanging information. By supporting the authorities responsible for security, they can also be motivated to pay special attention to this neighbourhood. In this way, a contribution is to be made to improving the quality of life of the residents and visitors of the Schöneberg district, which is often only affected by an accumulation of annoying irregularities. In this respect, the differentiated and unprejudiced collection of information is intended to help improve the quality of life in the neighbourhood without ideology and proximity to political organisations - in freedom and security.
The association pursues exclusively and directly non-profit purposes in the sense of the section “Tax-privileged purposes” of the Tax Code.
The association is selflessly active; it does not primarily pursue its own economic purposes.
Funds of the association may only be used for statutory purposes. The members in their capacity as members do not receive any benefits from the association’s funds.
No person may benefit from expenses that are alien to the purpose of the corporation or from disproportionately high remuneration.
(1) Any natural person who supports its goals can become a member of the association.
(2) The board decides on the application for admission to the association.
(3) Membership ends by resignation, expulsion or death.
(4) The resignation of a member is only possible at the end of the month. It shall be made in writing to the Chairman, giving two weeks’ notice.
(5) If a member has seriously violated the aims and interests of the association, it can be excluded with immediate effect by unanimous board resolution.
The member must be given 14 days to justify or comment before the resolution is passed. An appeal against the exclusion decision can be filed within a period of 14 days after notification of the exclusion, on which the next general meeting decides by a two-thirds majority.
The members pay contributions in accordance with a resolution of the general meeting. To determine the amount and due date of membership fees, a simple majority of the voting members present at the general meeting is required.
6 Organs of the Association
Organs of the association are
a) the Management Board
b) the general meeting
7 The Executive Board
(1) The Executive Board shall consist of three members. He represents the association in and out of court. Two board members each have joint power of representation.
(2) The board is elected by the general meeting for a term of 2 years by simple majority. The re-election of the board members is possible.
The chairman is determined by the general meeting in a special ballot. The current members of the Board of Directors remain in office after the end of their term of office until their successors have been elected.
(3) The executive committee is responsible for the management of the current business of the association. In particular, it has the following tasks: The Board of Directors may appoint a Managing Director for the day-to-day management of the company. The latter is entitled to attend the meetings of the Executive Board in an advisory capacity.
(4) Meetings of the Board of Management shall be held at least once a year. The invitation to meetings of the Executive Board is issued in writing by the Chairman, observing an invitation period of at least 14 days.
(5) The Executive Board passes its resolutions by simple majority.
(6) Resolutions of the Executive Board may also be passed in urgent cases in writing, by telephone or by e-mail if all Executive Board members declare their consent to this procedure in writing, by telephone or by e-mail. Resolutions of the Board of Management adopted by e-mail must be recorded in writing, by telephone, and signed by the members of the Board of Management.
(7) The Executive Board performs its activities on an honorary basis and without remuneration.
8 General meeting
(1) The general meeting is to be called once a year.
(2) An extraordinary general meeting shall be convened if required by the interests of the Association or if the convening of at least 30% of the members of the Association is requested in writing, stating the purpose and reasons.
(3) The general meeting shall be convened in writing by the chairman, observing an invitation period of at least two weeks with simultaneous announcement of the agenda. The period begins on the day following the dispatch of the invitation letter. The date of the postmark applies. The letter of invitation shall be deemed received by the member if it is addressed to the last address given in writing by the member of the association.
(4) The general meeting as the highest decision-making body of the association is basically responsible for all tasks unless certain tasks have been assigned to another body of the association in accordance with these statutes.
In particular, the annual financial statements and the annual report must be submitted to it in writing for resolution on the approval and discharge of the Executive Board. It appoints two auditors who are neither members of the board nor of a committee appointed by the board and who may not be employees of the association in order to audit the bookkeeping including the annual financial statements and to report on the results before the general meeting.
The general meeting also decides, for example, on
a) Exemptions from fees,
b) Tasks of the association,
c) Purchase, sale and encumbrance of real estate,
d) Participation in companies,
e) Taking out loans,
f) Approval of all rules of procedure for the area of the association,
g) Membership fees,
h) Amendments to the Articles of Association,
i) Dissolution of the Association.
(5) Every general meeting convened in accordance with the statutes shall be recognised as quorate irrespective of the number of members present. Each member has one vote.
(6) The general meeting passes its resolutions with a simple majority. In the event of a tie, a motion is deemed rejected.
9 Reimbursement of expenses
(1) Members - insofar as they have been commissioned by the board - and board members have a claim to reimbursement of expenses they have incurred in the course of their work for the association. This includes in particular travel expenses, additional food expenses, postage and communication costs.
(2) The proof is provided by corresponding individual receipts and must be asserted no later than 6 weeks after the end of the respective quarter.
(3) Insofar as flat-rate tax allowances and tax-free maximum limits exist for the reimbursement of expenses, compensation shall only be made in this amount.
10 Amendment of the Articles of Association
(1) Amendments to the statutes require a two-thirds majority of the members present. Changes to the purpose of the statutes require a majority of at least 50% of the members present. Amendments to the statutes can only be voted on in the general meeting if this agenda item was already referred to in the invitation to the general meeting and both the previous and the planned new text of the statutes had been attached to the invitation. (2) Amendments to the Articles of Association which are required by supervisory, judicial or fiscal authorities for formal reasons may be made by the Executive Board on its own initiative. These amendments to the statutes must be communicated to all members of the association in writing as soon as possible.
11 Notarisation of resolutions
Resolutions recorded at board meetings and general meetings must be recorded in writing and signed by the board.
12 Dissolution of the Association and asset commitment
(1) A 3/4 majority of the members present at the general meeting is required for the resolution to dissolve the association. The resolution can only be passed after timely announcement in the invitation to the general meeting.
(2) In the event of dissolution or dissolution of the association or the discontinuation of tax-privileged purposes, the assets of the association shall be transferred to Mann-O-Meter e.V., Bülowstraße 106, 10783 Berlin, which shall use them directly and exclusively for non-profit, charitable or ecclesiastical purposes.
Berlin-Schöneberg, 2 June 2017