Articles of Association
PREAMBLE
Beneficial's work is fundamentally based on the following views:
Education is a human right and an essential building block on the path to equality, development and peace.
Our association sees equal access to education as the key in the fight against poverty, as it creates the basis for understanding educational and preventative measures.
Our educational philosophy aims at comprehensive personal development, empowering individuals to think critically, form sound judgments, and lead independent lives. All acquired skills and abilities should contribute to opening up new choices and opportunities for action for children. Central to our approach is the equality of boys and girls, as it is essential for human development, the unfolding of one's abilities, and participation in society.
Creating an educational and social environment in which women and men, girls and boys are treated equally and encouraged to fully develop their potential, while respecting their freedom of thought, conscience, religion and belief, and in which teaching materials do not convey a stereotypical role model of women and men, contributes significantly to eliminating the causes of discrimination against women and inequalities between women and men.
§ 1 NAME, REGISTERED OFFICE, FINANCIAL YEAR
(1) The association is named „Beneficial“
(2) It shall be entered in the register of associations. After registration, it shall add the abbreviation eV to its name.
(3) The registered office of the association is Kiel.
(4) The financial year is the calendar year.
§ 2 PURPOSE OF THE ASSOCIATION
(1) The association pursues exclusively and directly charitable purposes within the meaning of the section „Tax-privileged purposes“ of the German Fiscal Code.
(2) The purpose of the association is achieved in particular through measures to:
– permanent development aid and support in the areas of culture and education, primarily through the financing of school construction and its management, as education creates the basis for understanding enlightening and preventive measures.
– Promotion of education and training; equal access to education.
– Improving the living conditions of children and young people (especially socially excluded children and young people) in developing countries
– Promotion of development cooperation and development aid;
– Promoting the economic independence of people in need of assistance as well as
– Promoting civic engagement for the benefit of charitable, benevolent and religious purposes.
(3) The purpose of the statutes is achieved in particular by
– the promotion of all measures that lead to effective education of boys and girls in developing countries, especially in Ghana;
– specifically the establishment and operation of training centers in Ghana;
– Cooperation with aid organizations and cultural institutions that pursue the same goals or part of the purposes pursued here;
– Information and education work worldwide to achieve the aforementioned purposes (§ 2 para. 2).
(4) The association is a non-profit organization; it does not primarily pursue its own economic interests.
(5) The association's funds may only be used for the purposes stipulated in the articles of association. Members do not receive any payments from the association's funds.
(6) No person shall be favored by expenditure which is unrelated to the purpose of the association or by disproportionately high remuneration.
§ 3 FINANCING
The procurement of the funds necessary for the association's purpose is made possible by:
– the collection of membership fees;
– the application for and obtaining of grants and subsidies;
– the acceptance of monetary and in-kind donations;
§ 4 ACTIVITIES OF THE ASSOCIATION TO FULFILL THE ASSOCIATION'S GOALS
The association may allocate all or part of its funds to a reserve, insofar as this is necessary to sustainably fulfill its tax-privileged, statutory purposes, and insofar as there are concrete objectives and timeframes for the use of the reserve. Unrestricted reserves may be established to the extent permitted by the provisions of the German Fiscal Code (Abgabenordnung) in the section on "tax-privileged purposes".
§ 5 ACQUISITION OF MEMBERSHIP
(1) Any natural person of legal age may become a member of the association. The application for membership must be submitted in writing to the board.
(2) By submitting the application, the applicant acknowledges the statutes in the event of acceptance. There is no entitlement to acceptance.
(3) The Board of Directors decides on admission by resolution. The applicant must be notified of the decision; no reasons need be given. If the Board of Directors rejects the application for admission, the applicant may appeal to the General Meeting. The General Meeting's decision is final.
(4) Membership begins with the decision to admit the member.
(5) Persons who can regularly support the association – without acquiring membership as defined in paragraphs 1 to 4 above – may become so-called supporting members. Supporting members are not members within the meaning of Section 38 of the German Civil Code (BGB), but they have the same right to information as members as defined in paragraphs 1 to 4 above and may attend the general meetings. However, they do not have voting rights at the general meetings. Supporting membership ends upon a corresponding declaration (in written form) by a member of the board or the supporting member to the respective supporting member or a member of the board. Section 5 of the articles of association does not apply to supporting members.
§ 4 RIGHTS AND OBLIGATIONS OF MEMBERS
(1) Members are obliged to support the aims and interests of the association and to comply with the decisions and orders of the association's bodies.
(2) Members are entitled to use the club's facilities and to participate in its events. They have equal voting rights at the general meeting. Proxy voting is not permitted.
§ 5 TERMINATION OF MEMBERSHIP
(1) Membership shall end upon death, resignation, exclusion or cancellation of membership.
(2) Resignation must be declared in writing to the Board of Directors. Resignation is permissible at the end of the month, subject to a one-month notice period. To comply with the notice period, the declaration of resignation must be received by a member of the Board of Directors in a timely manner.
(3) Expulsion from the association is only permissible for good cause. Good cause exists in particular if
• the member seriously and/or repeatedly violates the statutes or resolutions of the general meeting;
• the member takes or refrains from taking measures that are contrary to the purpose of the association;
• the member expresses himself in a manner that is likely to damage the reputation of the club.
(4) The General Meeting shall decide on expulsion by a three-quarters majority of the members present, upon application by the Board of Directors. The Board of Directors must notify the member to be expelled of its application in writing at least two weeks before the meeting. Any written statement submitted by the member shall be read aloud at the meeting deciding on the expulsion. The expulsion of the member shall take effect upon the adoption of the resolution. If the member was not present when the resolution was passed, the Board of Directors shall immediately notify the member in writing of the expulsion.
(5) Membership may be terminated if a member is in arrears with six membership fees and fails to pay the outstanding amount in full within six months of receiving a written reminder. The reminder must be sent by registered mail to the member's last known address. The reminder must state that membership will be terminated if payment is not received. The reminder is also valid if returned as undeliverable. Termination is effected by a resolution of the board of directors, which is not communicated to the member concerned.
§ 6 MEMBERSHIP FEES
(1) A monthly fee is payable.
(2) Its amount shall be determined by the General Meeting.
(3) The contribution is payable in advance and must be paid in full for the month of entry.
(4) The Board may defer contributions or waive them in whole or in part.
(5) There is no admission fee.
§ 7 BODIES OF THE ASSOCIATION
The organs of the association are:
• the board and
• the general meeting.
§ 8 BOARD OF DIRECTORS
(1) The board of directors of the association consists of the chairman, the vice-chairman and the treasurer.
(2) The first and second chairpersons are each individually authorized to represent the association. Other board members represent the association jointly with another board member.
(3) The board of directors is elected by the general meeting in a secret ballot. Re-election is possible. The term of office is three years. The board of directors remains in office until a new election takes place.
(4) The term of office of a member of the board of directors ends upon their departure from the association. If a member leaves office before the end of their term, the general meeting elects a replacement member to serve for the remainder of the departing member's term.
(5) The same person may not hold different positions on the board of directors.
(6) The power of representation of the Board of Directors is limited with effect against third parties in such a way that the approval of the General Meeting is required for the acquisition or sale, encumbrance and all other dispositions of real estate or rights equivalent to real estate, as well as for taking out a loan of more than EUR 5,000 (in words: five thousand).
(7) The Board shall make its decisions by simple majority.
§ 9 MEMBERS' MEETING
(1) The general meeting shall be convened,
a) if the interests of the club so require,
b) at least once a year, preferably in the first three months of the calendar year,
c) in the event of a member of the board of directors leaving office within three months,
d) if the convening of a meeting is requested by one quarter of all members, stating the purpose and reasons.
(2) The Board of Directors shall submit an annual report and annual accounts to the meeting to be convened pursuant to paragraph 1(b) above; the meeting shall decide on the discharge of the Board of Directors.
(3) The general meeting shall be convened by the board of directors in writing, observing a notice period of two weeks. The notice period begins with the dispatch of the invitation to the last known address of the member. The notice of the meeting must specify the subject matter of the resolutions to be passed. Any member may submit a written request to the board of directors no later than one week before the date of the general meeting to have additional items added to the agenda. The chairperson of the meeting shall then supplement the agenda accordingly at the beginning of the meeting. The general meeting shall decide on any motions to amend the agenda that are submitted during the meeting itself.
(4) The General Meeting shall decide in particular on: a) the approval of the annual accounts; b) the discharge of the Executive Board; c) the election of the Executive Board; d) amendments to the Articles of Association; e) the setting of membership fees; f) motions from the Executive Board and the members; g) appeals from rejected applicants; h) the dissolution of the association.
(5) Every duly convened general meeting shall be quorate.
(6) A two-thirds majority of the members is required to pass resolutions concerning amendments to the articles of association or the dissolution of the association. If the general meeting lacks a quorum, a further general meeting with the same agenda must be convened within four weeks of the date of the first meeting. This further meeting must take place no earlier than two months before and no later than four months after the date of the first meeting. The new meeting will be quorate regardless of the number of members present. The invitation to this meeting must include a statement regarding the simplified quorum requirement.
(7) A resolution to dissolve the association requires a majority of four-fifths of the members present; a resolution to amend the statutes requires a majority of three-quarters of the members present.
(8) To change the purpose of the association, the consent of all members of the association is necessary; the consent of members not present must be given in writing.
(9) Voting shall be by show of hands. At the request of at least five members present, voting shall be by secret ballot. Decisions shall be made by a majority of the members present. Abstentions by members present shall be counted as no votes. In the event of a tie, a motion shall be deemed rejected.
(10) Minutes shall be taken of the resolutions adopted at the meeting. The minutes shall be signed by the chairperson of the meeting and the secretary. If there were several chairpersons, the last chairperson of the meeting shall sign the entire minutes. Every member is entitled to inspect the minutes.
§ 11 LIABILITY
(1) The association shall not be liable for damages or losses caused by negligence which members suffer when using the association's facilities, equipment and devices or at association events, insofar as such damages or losses are not covered by insurance.
(2) The association shall not be liable to its members for damages resulting from negligent conduct on the part of the association's representatives.
(3) This applies in particular to damages arising from the exercise of membership rights, to damages resulting from accidents and thefts.
§ 10 DISSOLUTION OF THE ASSOCIATION
(1) The association may be dissolved by a resolution of the general meeting.
(2) The liquidation shall be carried out by the Board of Directors unless the General Meeting decides otherwise to dissolve the association.
(3) In the event of dissolution or winding up of the association or if its charitable purpose ceases to exist, the association's assets shall be transferred to the "Kieler Förderkreis für krebskranke Kinder und Jugendliche eV" (Kiel Support Association for Children and Young People with Cancer).„
The foregoing statutes were established at the founding meeting on April 1, 2016.