Statutes of the Association "Freude spenden e.V."

§ 1 Name, Location, Fiscal Year, and Purpose of the Association

  1. The association is named "Freude spenden". It shall be registered in the Vereinsregister and will then add the suffix "e.V.".
  2. The association's headquarters are located at Paulstraße 91, 52353 Düren. The association was established on July 6, 2024.
  3. The association is politically, racially, and confessionally neutral.
  4. The fiscal year of the association is the calendar year.
  5. The association pursues exclusively and directly charitable and benevolent purposes.

§ 2 Purpose of the Association

The purposes of the association are:

  1. The promotion of animal protection.
  2. The promotion of development cooperation.
  3. The support of individuals in need.

The statutory purposes are realized, in particular, by raising funds for the ideological and material support of other tax-privileged corporations or directly by the association itself in the area of development cooperation, e.g., foreign aid projects (infrastructure measures such as schools).

The association operates selflessly; it does not primarily pursue its own economic purposes.

The funds of the association may only be used for statutory purposes. Members do not receive any benefits from the association's funds. The executive board may be compensated within the framework of budgetary possibilities on the basis of an employment contract or by payment of an expense allowance according to § 3 No. 26a EStG (volunteer allowance). The scope is regulated by the rules of procedure, which are decided by the board.

No person may be favored by expenditures that are foreign to the purpose of the corporation or by disproportionately high compensation.

§ 3 Acquisition of Membership

  1. Membership in the association is open to natural and legal persons. The final decision on the admission contract is made by the board.

  2. Supporting Membership:

    • Purpose: The supporting membership is aimed at individuals, companies, and organizations that wish to support our charitable goals without actively participating in the regular activities of the association. Supporting members contribute financially to the funding and promotion of the association's projects and activities.

    • Rights and Duties of Supporting Members:

      • Rights:
        • Participation in the annual general meeting with an advisory vote, but without voting rights.
        • Receipt of regular information about the association's activities and projects, including an annual report.
        • Invitation to special events and activities organized specifically for supporting members.
        • Use of the supporting membership status for own public relations work and to promote social engagement.
      • Duties:
        • Payment of an annual supporting membership fee (see also §5).
        • Support of the association's goals and purposes.
        • Adherence to the statutes and regulations of the association.

    • Admission as Supporting Member:

      • Application: Interested individuals, companies, or organizations may submit a written application in paper form or online to the board. The application must include the name, address, contact details, and a brief justification for interest in supporting membership. An application form will be provided by the association.
      • Decision on Admission: The board decides on the admission as a supporting member. The decision will be communicated to the applicant in writing. The board may reject applications without giving reasons.

§ 4 Termination of Membership

Membership ends:

  1. With the death of the member.
  2. By voluntary resignation.
  3. By deletion from the membership list.
  4. By expulsion from the association.

Voluntary resignation occurs by written declaration to a member of the board. It is only permissible at the end of a calendar year with a notice period of three months.

A member may be deleted from the membership list by a resolution of the board if, despite two reminders, they are in arrears with their contributions. The deletion must be communicated to the member in writing.

A member may be expelled from the association by resolution of the general assembly if they have grossly violated the interests of the association. Before the resolution is passed, the member must be given the opportunity to defend themselves in person. Any written statement by the affected member is to be read out at the general assembly.

§ 5 Membership Contributions

Members are required to pay contributions. The amount and due date of the annual contribution are determined by the general assembly. Honorary members are exempt from contribution obligations. Supporting members may set their contribution above the specified annual contribution.

§ 6 Organs of the Association

  1. The Board
  2. The General Assembly

§ 7 The Board

The board in the sense of § 26 BGB consists of:

  1. The 1st Chairman (Executive Board)
  2. The 2nd Chairman (Executive Board)
  3. The Secretary (Executive Board)
  4. The Treasurer (Executive Board)
  5. The IT and Social Media Officer (Executive Board)
  6. The Donation Project Officer (Executive Board)
  7. Members at large (number determined by the assembly)

The association is represented judicially and extrajudicially by members of the executive board alone, insofar as it concerns tasks of the respective board departments. Details are also regulated by the rules of procedure.

The combination of multiple board positions in one person is not permitted.

§ 8 Term of Office of the Board

The board is elected by the general assembly for a term of two years, starting from the day of the election. It remains in office until a new board is elected.

If a board member leaves during the term, the board will elect a replacement member (from among the association's members) for the remaining term of office.

§ 9 Decision-Making by the Board

The board makes its decisions generally in board meetings, which are convened by the 1st Chairman or the 2nd Chairman in writing, by phone, or by telegraph. In all cases, a notice period of three days must be observed.

No notice of the agenda is required. The board is quorate if at least two board members, including the 1st Chairman or the 2nd Chairman, are present.

Decisions are made by a majority of the valid votes cast. In the event of a tie, the vote of the meeting leader decides. The board meeting is chaired by the 1st Chairman or, in their absence, by the 2nd Chairman. The decisions of the board are to be recorded in the minutes and signed by the meeting leader.

A board decision may be made in writing or by phone.

§ 10 The General Assembly

Each attending member – including honorary members – has one vote at the general assembly.

The general assembly is responsible for:

  1. Receiving the annual report of the board; discharging the board.
  2. Setting the amount and due date of the annual contribution.
  3. Electing and dismissing board members.
  4. Deciding on amendments to the statutes and the dissolution of the association.
  5. Appointing honorary members.

§ 11 Convening the General Assembly

The ordinary general assembly should take place at least once a year, preferably in the last quarter. It is convened by the board with a two-week notice period by written notification specifying the agenda.

The notice period begins with the working day following the dispatch of the invitation. The invitation is considered received by the member if it is sent to the last address provided by the member in writing. The agenda is determined by the board.

§ 12 Decision-Making by the General Assembly

The general assembly is chaired by the 1st Chairman, or in their absence, by the 2nd Chairman or another board member. If no board member is present, the assembly appoints a chairperson.

The minutes are kept by the Secretary. If they are not present, the chairperson appoints a minute-taker.

The method of voting is determined by the chairperson. Voting must be conducted in writing if one-third of the voting members present request it.

The general assembly is not open to the public. The chairperson may allow guests. The general assembly decides on the admission of the press, radio, and television.

Each properly convened general assembly is quorate regardless of the number of attendees.

The general assembly makes decisions generally by simple majority of the valid votes cast; abstentions are not considered. However, amendments to the statutes (including the purpose of the association) require a three-quarters majority of valid votes, and the dissolution of the association requires a four-fifths majority.

For elections: If no candidate achieves the majority of valid votes in the first round, a runoff vote is held between the two candidates who received the highest number of votes.

Decisions of the general assembly are recorded in the minutes, which are to be signed by the chairperson and the minute-taker. The minutes should include: place and time of the assembly, the chairperson's and minute-taker's names, the number of members present, the agenda, the results of each vote, and the method of voting. For amendments to the statutes, the provision to be changed must be specified.

§ 13 Late Proposals for the Agenda

Any member may propose additional matters for the agenda in writing to the board up to one week before the day of the general assembly. The chairperson must supplement the agenda accordingly at the beginning of the general assembly. Proposals for agenda amendments made during the general assembly are decided by the general assembly. A majority of three-quarters of the valid votes is required for approval.

Amendments to the statutes, dissolution of the association, and the election and dismissal of board members can only be resolved if the proposals were announced to the members with the agenda.

§ 14 Extraordinary General Assemblies

  1. The board may convene an extraordinary general assembly at any time. It must be convened if the interests of the association require it or if one-tenth of all members request it in writing, stating the purpose and reasons for the request.

  2. The provisions of §§ 10, 11, 12, and 13 apply accordingly to extraordinary general assemblies.

§ 15 Dissolution of the Association and Allocation of Assets

  1. The dissolution of the association can only be decided in a general assembly with the majority of votes as specified in § 12. Unless the general assembly decides otherwise, the 1st Chairman and the 2nd Chairman will act as joint liquidators. The above provisions apply correspondingly in the event that the association is dissolved for other reasons or loses its legal capacity.

  2. In the event of the dissolution of the association or the loss of tax-privileged purposes, the assets of the association will be transferred to a legal entity under public law or another tax-privileged corporation, to be used for the promotion of the purposes mentioned in § 2.1.

The above statutes were adopted at the founding assembly (general assembly).

Düren, July 6, 2024

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