Article 1 – Name and head office
The association is called “AKO – Aktionskreis Ostafrika e.V.”. The head office is located in Traunstein / Germany. It is registered in the register of associations of the local court of Traunstein with the number VR 570. The association’s fiscal year is the calendar year.
Article 2 – Purpose and function
The association shall solely and directly pursue charitable and non-profit-making purposes in terms of the section “tax deductible purposes” (Steuerbegünstigte Zwecke) of the tax code. The purpose of the association is to promote the development cooperation and to support people in the need of help in East Africa, especially in Tanzania.
The association works honorary, interdenominational and also socially and politically independently and focus primarily on in the following work domains: infrastructure, health, education and employment in the Kilimanjaro and Arusha regions of Northern Tanzania.
The aim of the statutes is notably achieved through
the realization of humanitarian development projects, which contribute to the improvement of the social, the economic, the ecological, the medical and the educational situation of groups of people in the need of help in project area directly and sustainably and in doing so to promote as effective as possible the self-help activities of these groups and to support their participation in the planning and in the realization of the projects.
Support of mission stations, hospitals, of educational and formation facilities, and social organizations including the promotion of education and further training of individuals. Collecting donations, which are directed to the people in the need of help in the project areas.
Targeted public relations and awareness raising for problems of poor countries, realization of social and humanitarian measures.
Activities to finance the projects of the association.
Creation of regional offices of the association to promote the aims through the gain of members and through the collect of donations, the gain of promoters/sponsors and the coordination of its plans in Tanzania.
Activity as so-called “Finding of means for a corporation” (Mittelbeschaffungskörperschaft) according to § 58 Nr.1 of the tax code. The association supports other corporations through the collect of donations or by obtaining funds in other ways for them. The corporation, for which funds are procured, shall be tax-privileged if it is a corporation with unlimited tax-liability of the private law. If funds are procured for limited taxable corporations, the use of the funds shall be proved as being sufficient for the tax-privileged purposes. The use of the funds by the receiving corporation shall take place in the near time. The tax-privileged purpose of the corporation, for which the funds were procured, shall be non-profitable and charitable and corresponding to the fundamental purpose of the statutes of this association.
The association is non-profit making. It does not pursue in the first place individual economic purposes.
Funds of the association may only be used for statutory purposes. The members do not receive allowances from the funds of the association.
No person may benefit from expenditures that are not related to the purpose of the association, or through inappropriately high allowances.
The members of the association do not obtain benefits from the funds of the association. The payment of tax-free fixed remunerations according to Sec. 3, No. 26a of EStG (German income tax law) of maximum 500 € per person yearly is an exception of this restriction. The board of directors does voluntary work. The members of the board of directors may obtain a fixed compensation of up to 500 € per year to be determined through a general meeting.
The association may not be in competition with other charities.
Article 3 – Membership
The association shall be composed of full and supporting members. The membership fee is due in January of each respective year.
The members are recorded by the board of directors. Membership applications shall be made in writing or verbally.
A supporting member may be anyone who rendered particular services to the association.
Members may be natural and legal persons.
Only full members may have the right to vote during a general meeting.
Full members shall pay an annual membership fee, which is determined by the annual general meeting.
Article 4 – Termination of the membership
The membership is terminated by
Voluntary resignation is realized in writing by a notification to the head office in Traunstein. The termination is possible at any time and is effective at the end of the year. It is not possible to obtain a refund of the membership fees.
If a member is guilty of damaging the reputation of the organization through their behavior, the exclusion may take place after having heard the person concerned. The exclusion takes place by majority vote of the board of directors, the person concerned receives in writing a notification of the reasons. If the person appeals, a general meeting shall take place to decide
Recourse to the legal process is not permitted.
Article 5 – Bodies of the association
Bodies of the association are:
The board of directors in accordance with section 26 BGB (German civil code) (known hereinafter as the legal board of directors)
the extended board of directors (known hereinafter as the executive board)
the general meeting
The legal board of directors according to a) is composed of:
– the 1st board
– the 2nd board
– the 3rd board
– the treasurer
the supervisory body according to the donation seal of the German Central Institute for Social Affairs (DZI) guidelines.
Composition, function, tasks and rights of the supervisory body shall be based on the guidelines of the DZI. The supervisory organ shall inform the members of the association in writing or verbally. The supervisory organ shall determine the annual accounts.
Article 6 – The board of directors
For the legal board of directors:
The association shall be represented in and out of court by the board of directors. Every member of the board shall be entitled to represent the association individually. Each member of the legal board of directors shall be elected by the members of the association from among the members of the association for 3 years. They remain in office until the new election. The board of directors shall commonly accomplish the obligations imposed on a secretary of the association in bilateral agreement.
For the executive board:
The executive board shall be made up of the legal board of directors and other persons assigned by the legal board of directors for supplementary tasks. The executive board constitutes a quorum, if at least two thirds of its members are present. A member of the legal board of directors must duly invite via telephone or in writing. The executive board adopts all agreements with the majority of the votes of the people present. In the case of a tie vote, the vote of the first board decides. The executive board shall advise and resolve the matters, which are not explicitly reserved to the general meetings. Minutes shall be prepared of the meetings of the board of directors and the adopted resolutions, which shall be signed by the board of directors.
Article 7 – General meeting
The annual general meeting shall take place at least one time per year. During which must take place in particular:
the acceptance of the annual reports and the annual accounts, as well as the dismissal of the board of directors.
The election of the members of the legal board of directors as well as the dismissal of the members of the legal board of directors and the executive board of directors
the election of the auditor and of the clerk
Resolution on motions, which must have been received by the head office in Traunstein at least 2 weeks prior to the general meeting in written form.
Resolutions on amendments of statutes and about the dissolution of the association.
Determination of the annual membership fee
Designation of a supervisory body independent from the board of directors for three years according to the DZI.
The decisions in the general meeting shell be taken by a simple majority of votes, exceptions, see Article 9. Each member has just one vote. Any general meeting convoked in accordance with the articles is quorate, irrespective of the number of members in attendance.
An extraordinary meeting shall be summoned by the board of directors, if it is of general interest of the association or if at least one quarter of the members requests such a meeting in writing – including their reasons – to the board of directors.
The general meeting shall be called by the legal board of directors in written form, indicating the agenda, and by observing a period of notice of at least three weeks.
Minutes shall be kept of the members meeting by the clerk, which shall be signed by him and the board of directors.
Article 8 – Cooperation
Honorary or paid cooperation of members and non-members shall fundamentally be initiated or approved by the board of directors. The basic condition therefor is that the total costs of administration of the association (definition corresponding to the legal requirements of the DZI) of the year in question shall not exceed 20 % of the annual expenditure of the association.
Article 9 – Amendments of the statutes
The amendment of the statutes and the dissolution of the association may only be accomplished during a general meeting. This point of the meeting shall be mentioned on the agenda when the meeting is called.
To adopt those resolution, a majority of two thirds of the present members who have the right to vote shall be reached.
Article 10 – Dissolution of the association
In case of the dissolution of the society or cessation of tax-privileged purposes the assets of the society are turned over to a public legal entity or another tax-privileged corporation, which shall use them exclusively and directly for charitable, benevolent or ecclesiastical purposes. Decisions as to the future use of the assets may only be implemented after the approval of the tax authorities.
Article 11 – Place of jurisdiction
Place of jurisdiction is the headquarters of the association.
Article 12 – Public funding
The association shall be funded by public funding.
Article 13 – Concluding provisions
This present version of the statutes was adopted during the general meeting of the 25th of April 2015. The statutes with amendments take effect with the association’s incorporation in the register of associations of the local court of Traunstein.
Traunstein, the 30th of April 2015
Klaus Böhme, Hans Siemer
Board of directors