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Statut

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from July 23, 2019

§1

name and seat

 

  1. The association bears the name: Heart and Hand for Children in Need eV Abbreviated: Heart and Hand. The association should be entered in the register of associations at the District Court of Nuremberg and then bear the addition “eV”.
  2. Heart and Hand for Children in Need eV is based in Schwabach.

 

§2

purpose and task

 

  1. The purpose of the association is to organize and carry out humanitarian aid campaigns for children, their families and other people in need who are dependent on the help of others either because of their physical, mental and psychological condition or because of their economic situation.
  2. Herz und Hand für Kinder in Not eV pursues exclusively and directly charitable and charitable purposes within the meaning of the “tax-privileged purposes” section of the tax code.
  3. The association is denominationally and politically neutral. The purpose of the association is achieved through – collection of monetary and material donations – program and measures for people in need – support for children who are dependent on the help of others either because of their physical, mental and emotional state or because of their economic situation – information events – benefit events – Information material – Media work – The activities of the Herz und Hand für Kinder in Not eV and its current and future branch offices are carried out in cooperation with other organizations (national and international), associations and institutions, which are also dedicated to the purpose defined in § 2 Paragraph 1 operate – advanced and further training of all people who support the heart and hand for children in need eV

 

§ 3

Profits, Funds and Compensation

 

  1. The heart and hand for children in need eV is selflessly active, it does not primarily pursue its own economic purposes.
  2. Funds from Herz und Hand für Kinder in Not eV may only be used for statutory purposes. The members do not receive any grants from funds from the Heart and Hand for Children in Need eV. Expenses and expenses will be reimbursed.
  3. No person may be favored by expenses that are alien to the purpose of Herz und Hand für Kinder in Not eV, or by disproportionately high remuneration.
  4. Members can be employees of the association.
  5. No disproportionately high remuneration may be paid to employees of Herz und Hand für Kinder in Not eV.

 

§ 4

Acquisition of Membership

 

  1. Regular membership can be applied for by any legally competent, natural or legal person. The Board of Directors decides on admission. There is no entitlement to admission. Accession takes place through an explicit or conclusive declaration to the board of directors. The written application for regular membership, as well as the initial payment of the membership fee or the consent to the direct debit procedure by Herz und Hand für Kinder in Not eV is always deemed to be a conclusive declaration
  2. Any fully legal, natural or legal person who is willing to support the association's goals and purposes through a sponsorship contribution can apply for sponsoring membership. Accession takes place through an explicit or conclusive declaration to the board of directors. The written application for sponsoring membership, as well as the initial payment of the sponsorship fee or the consent to the direct debit procedure by Herz und Hand für Kinder in Not eV is always deemed to be a conclusive declaration
  3. Supporting members have neither active nor passive election and voting rights.
  4. Objections to a decision on the acquisition of membership can be lodged with the board of directors and the general assembly.

 

§ 5

Termination of Membership

 

  1. Membership ends through death, resignation or expulsion, in the case of legal entities through liquidation or an application to initiate insolvency proceedings. The resignation is made by written declaration to the board and becomes effective at the end of the current calendar year. A refund of contributions is excluded. If a member violates the interests or the reputation of Herz und Hand für Kinder in Not eV, they can be expelled from Herz und Hand für Kinder in Not eV by resolution of the board of directors.
  2. Anyone who does not pay their contribution for more than a year loses their entitlement to membership.
  3. An objection to a decision on the termination of membership can be lodged with the board of directors and the general assembly.

 

§6

Contributions and Fiscal Year

 

  1. Ordinary members of the association pay a uniform fee.
  2. The annual membership fee is decided by the general assembly.
  3. The financial year is the calendar year.

 

§ 7

organs

 

  1. The organs of Herz und Hand für Kinder in Not eV are:
    a) the general meeting and
    b) the board of directors
  2. An advisory board can also be formed.

 

§ 8th

General Assembly

 

  1. The general meeting (annual general meeting) takes place once a year. The general meeting must be convened in writing by the chairman or the deputy chairman no later than 4 weeks in advance, indicating the agenda.
  2. The annual general meeting decides on the applications ordered, the annual report, the election and discharge of the board of directors, changes to the statutes and the dissolution of the association.
  3. An extraordinary general meeting is to be convened if it is in the interests of Herz und Hand für Kinder in Not eV or if a member of the board or a quarter of the ordinary members request it.
  4. Any duly convened general meeting has a quorum. When passing resolutions, the simple majority of the full members present decides. A three-quarters majority of the full members present is required for changes to the statutes. A three-quarters majority of the full members present is also required for a decision that includes a new election of the board or the dissolution of the Heart and Hand for Children in Need eV. Minutes must be taken of the resolutions of the general meeting, which must be signed by the chairman of the meeting and the minute taker appointed by the chairman of the meeting. Applications to the general meeting must be submitted in writing to the association's office at least 7 days before the date of the general meeting.
  5. Regular items on the agenda of the general meeting are: – Welcome – Determination of the quorum – Proposal and confirmation by the chairman of the meeting – Decision on the agenda – Report by the chairman (annual report) – Cash report – Discharge of the board and, if necessary – new election – Appointment of 2 cash auditors; the term of office of cash auditors is five years – treatment of applications and discussion.
  6. A properly convened general meeting has a quorum based on the number of members present. For the procedure of an extraordinary general meeting, the regulations of the ordinary general meeting apply accordingly.
  7. The General Assembly and the Extraordinary General Assembly are not open to the public. The board of directors can admit guests.

 

§ 9

The board of directors

 

  1. The board of directors according to § 26 BGB consists of the 1st chairman, the 2nd chairman and the treasurer. You are the sole authorized representative and authorized to conduct legal transactions with a business value of up to €7,500. In the case of legal transactions with a higher business value, the consent of all members of the Executive Board is required. The members of the board of directors are exempt from the restrictions of § 181 BGB.
  2. Herz und Hand für Kinder in Not eV can remunerate full-time and part-time activities and sub-tasks of the management delegated by the board of directors. Adequacy is important.
  3. The term of office of the board of directors is five years.

 

§ 10

Advisory Board

The Advisory Board of the association, when it is formed, consists of people who have distinguished themselves in relation to the purpose of the association and who actively participate in the association's tasks. They are appointed by the Board of Directors and can also be recalled by them. The Advisory Board advises the Management Board.

§ 11

working groups

The board of directors can decide to set up and dissolve working groups. A working group works largely independently. The tasks for a working group are defined by the board of directors. Publication of results or planning of activities are to be coordinated with the board of directors. The working groups can set their own rules of procedure, which require the approval of the board of directors. Herz und Hand für Kinder in Not eV can set up a youth work department. The specifications of the district youth council are adopted. All details are regulated by the rules of procedure.

§ 12

resolution

 

  1. The dissolution of the heart and hand for children in need eV can only be decided by a specially convened general meeting.
  2. If Herz und Hand für Kinder in Not eV is dissolved or if tax-privileged purposes no longer apply, the assets of Herz und Hand für Kinder in Not eV will be transferred to the city of Schwabach for exclusive and direct use for charitable purposes after all liabilities have been paid.

 

§ 13

place of jurisdiction

Place of jurisdiction for all legal disputes is Schwabach/Mfr.