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Constitution

Statutes. Updated 28 April 2018

 Article 1 – Name and head office

The Association is called “AKO – Aktionskreis Ostafrika e.V.”. It has its head office in Traunstein / Germany and is registered in the Register of Associations of the district court of Traunstein under the number VR 570. The fiscal year of the Association is the calendar year.

Article 2 – Purpose and mission 

The Association pursues exclusively and directly non-profit and charitable purposes in accordance with the section “tax-deductible purposes” (“Steuerbegünstigte Zwecke”) of the German Tax Code. The purpose of the Association is to promote cooperation in development and to support people in need in East Africa, in particular in Tanzania.

The Association operates on a voluntary and interdenominational basis and is socially and politically independent. Its main focus is on infrastructure, health, education and employment in the regions of Kilimanjaro and Arusha in northern Tanzania.

The objectives of the statutes are achieved in particular by:
a) The implementation of humanitarian development projects which contribute directly and sustainably to improving the social, economic, ecological, medical and educational conditions of vulnerable populations in the project area, whilst at the same time promoting the self-help activities of these groups as effectively as possible and involving them on a partnership basis in the planning and implementation of the projects.
b) The support of mission stations, hospitals, educational and training institutions and social organisations, including the promotion of the education and training of individuals,
c) The collection of donations which are used for those in need in the project areas
d) Targeted public relations work and awareness raising of the problems of poor countries, and the implementation of social and humanitarian activities.
e) Activities to finance the Association’s projects.
f) The establishment of regional offices of the Association in order to promote its aims through the recruitment of members and collection of donations, to recruit promoters/sponsors and to coordinate its projects in Tanzania.
g) Acting as a so-called “fundraising organisation” according to § 58 No.1 AO.

The Association promotes other organisations by collecting donations or acquiring resources in other ways for them. The organization for which resources are collected must itself be exempt if it is a fully taxable private body. If resources are collected for organisations not subject to unlimited tax liability, the use of the resources for tax-exempt purposes must be sufficiently proved. The receiving organisation must make use of such resources promptly. The tax-exempt purpose of the organization for which funds are procured must be non-profit or charitable and correspond to the basic statutes of this Association.

The Association operates in a selfless manner; it does not primarily pursue its own economic interests. The Association’s funds may only be used for purposes specified in the statutes. The members do not receive any benefits from the resources of the Association.

No person may benefit from expenses that are contrary to the aims of the Association or from disproportionately high remuneration. The members do not receive any benefits from the resources of the Association. Excluded from this restriction is the payment of tax-exempt flat-rate remuneration for activities in accordance with EStG §3, No. 26a up to a maximum of 500 euros per person per year. In principle, Executive Committee members serve on a voluntary basis. Committee members can receive a flat-rate remuneration of up to 500 euros per year for their work on the Committee, to be determined by the General Meeting of members.

The Association does not consider itself to be in competition with other aid organisations.

Article 3 – Membership

TheAssociation consists of full and supporting members. The membership fee is due in January of each year.

a) The members are approved by the Executive Committee. The application for membership may be made in writing or verbally.
b) Any person who has made a particular contribution to the Association can become a supporting member.
c) Members can be natural or legal persons.
d) Only full members have the right to vote at the.General Meetings.
e) Full members pay an annual membership fee determined by the Annual General Meeting.
f) If the Executive Committee rejects an application for Association membership, the person concerned can submit an appeal, which is to be decided in a General Meeting.

Article 4 – Termination of membership

Membership is terminated by
a) Voluntary resignation
b) Death
c) Exclusion

Voluntary resignation is made by written declaration to the head office in Traunstein. Termination is possible at any time and takes effect at the end of the year. The membership fee shall not be refunded.

If a member culpably damages the reputation of the.Association through his or her behaviour, exclusion may take place after the person concerned has been interviewed. The exclusion is agreed by a majority decision of the Executive Committee and is to be communicated to the person concerned in writing stating the reasons. If the person concerned submits an appeal, a decision on this must be taken by the General Meeting.

Legal recourse is not possible.

Article 5 – Organs of the Association

The organs of the Association are:

a) The Executive Committee within the meaning of Section 26 BGB (hereafter referred to as the Statutory Executive Committee). The Statutory Executive Committee consists of 3 chairpersons and 1 chairperson who also acts as secretary, a total of four chairpersons,
b) The extended Executive Committee (hereafter referred to as the Management Committee)
c) The General Meeting

Article 6 – The Executive Committee

a) The following applies to the Statutory Executive Committee:

The Association shall be represented in and out of court by the Statutory Executive Committee. Each member of the Executive Committee is individually entitled to represent the Association.

The Statutory Executive Committee is required to fulfil the obligation imposed on the secretary of an association jointly in consultation with each other.
b) For the Management Committee the following applies:

The Management Committee consists of the Statutory Executive Committee and other persons appointed by the Statutory Executive Committee for additional tasks. A member of the Statutory Executive Committee must send a formal invitation by telephone or in writing. The Management Committee passes all resolutions with a simple majority of the votes of those present. The Management Committee shall discuss and decide on matters which are not expressly reserved for the General Meeting. Minutes shall be taken of the course of Committee meetings and of the resolutions passed and signed by the Chairperson.

Article 7 – General Meeting
An Ordinary General Meeting must take place at least once a year. It is above all responsible for:

a) The acceptance of the annual report and the annual accounts as well as the approval of the Executive Committee.
b) The election of the members of the Statutory Executive Committee and the dismissal of the members of the Statutory Executive Committee and the Management Committee.
c) The election of the auditors and the minute-taker
d) Resolutions on motions which must be received in written form at the head office in Traunstein at least 2 weeks before the General Meeting.
e) Resolutions on amendments to the statutes and on the dissolution of the Association.
f) Setting the annual membership fee

Resolutions of the General Meeting are passed by a simple majority, with the exception of Article 9. Each member has only one vote. Every General Meeting convened in accordance with the statutes shall be deemed able to pass resolutions regardless of the number of members present. The General Meeting shall be convened in writing by the Statutory Executive Committee, stating the agenda and giving at least three weeks’ notice.

The minutes of the General Meeting and of the resolutions passed shall be kept by the secretary and signed by the secretary and the members of the Statutory Executive Committee.

Article 8 – Participation
Voluntary or paid participation of members and non-members must in principle be arranged or approved by the Executive Committee. The basic condition for this is that the total administrative costs of the Association (as defined in the specifications of the DZI – German Central Institute for Social Issues) for the year concerned do not exceed 20% of the Association’s annual expenditure.

 Article 9 – Amendment of the statutes
The amendment of the statutes and the dissolution of the Association can only be decided in a General Meeting if this item is stated on the agenda when the meeting is called. A two-thirds majority of the members present and entitled to vote is required for these resolutions.

Article 10 – Dissolution of the Association
In the event of the dissolution or suspension of the Association or the discontinuation of tax-privileged purposes, the assets of the Association shall pass to a legal entity under public law or to another tax-exempt organisation, which shall use them directly and exclusively for non-profit, charitable or ecclesiastical purposes. Decisions on the future use of the assets may only be taken with the consent of the tax office.

 Article 11 – Jurisdiction 
The place of jurisdiction is the registered office of the Association.

Article 12 – Public funding
The Association is considered to be publicly funded. 

Article 13 – Final provisions
The statutes as well as any amendments to the statutes which have been adopted shall enter into force upon entry into the Register of Associations of the Traunstein Local Court. This version of the statutes was adopted at the General Meetings on 28 April 2018. 

 

28 November 2018

The Executive Committee