Articles of Association

NAET Association (download as PDF)

§1. Name and location

1. The name of the association is "NAET-Association"
2. 1.It is recorded at the register of associations with the additional term "registered association" in the German short form "e.V."
3. The location of the association is the city of Nördlingen.

§2. Purpose of the association

The purpose of the association is the sponsorship of the NAET Clinic in Bangalore, India, in the following fields: Health, training, and support of disadvantaged children. The association also serves international relations and the exchange of cultural values. The associations only and direct interest is to pursue charitable purposes as mentioned in the clause "tax deductible purposes" of the German fiscal code.

 

§3. Activities of the association 

1. The purpose of the articles of association is being realized in particular through the co-operation between the "NAET" association and the respective Indian contact persons from the NAET Clinic in Bangalore.
2. The association is first and foremost not-for-profit, and does not pursue for-profit purposes.
3. The association's funds shall only be used according to the articles of association. Members do not receive benefits from the funds of the association.
4. There is no preferential treatment through expenses that are not in alignment with the purpose of the corporations, or through disproportionate high payments. Decisions regarding benefits are made by the board of directors.

§4. Financing 

The association shall be financed through membership fees and donations.

 

§5. Joining members 

1. Every regular person can join the association.
2. Legal persons as well as associations without legal capacity won't be accepted as members.
3. Membership is initiated by joining the association.
4. A written declaration of membership must be presented.
5. The board of directors decides about memberships. A membership is valid once a written declaration of admission has been issued.
6. There is no right to membership.

§6. Membership withdrawal

1. Members are allowed to leave the association.
2. A withdrawal is valid within the cancellation period of four weeks at the end of a calendar year.
3. A written notice of withdrawal has to be presented to the board of directors. In order to redeem the cancellation period (paragraph 2), a member of the board has to receive the notice of withdrawal in due time.

§7. Exclusion of members 

1. Membership also ends with exclusion.
2. Members can be excluded from the association only if there's a relevant reason.
3. The exclusion is decided by the general meeting at the proposal of the board.
4. The board of directors has to present the proposal to the possibly excluded member at least two weeks before the general meeting.
5. A submitted written comment from the member has to be read at the meeting that decides about the exclusion.
6. Exclusion of a member is valid immediately with the passing of the resolution.
7. If the member is not present during the resolution, the board has to notify them right away through a registered letter.

§8. Termination of membership

If the annual membership fee doesnt get paid within six months after the due date, membership rights remain dormant . If a members owes fees for two years, the membership will be terminated.

 

§9. Membership fee 

1. There is a membership fee.
2. The amount of the fee is set by the general meeting.
3. The full amount has to be paid annually and beforehand for the duration of the membership year.
4. The fee is usually collected via direct debit.
5. There is no admission fee.

§10. Bodies of the association

Bodies of the association are

1. the board of directors (§11 of the articles)
2. the advisory board (§12 of the articles)
3. the general meeting (§§13-17 of the articles)

§11. Board of directors 

1. The board of directors (§26 BGB) consists of the president, the vice president, the treasurer, the secretary, and one additional member.
2. The president/vice president and another members of the board of directors represent the association together.
3. The board of directors is chosen by the general meeting's decision for a length of two years. It remains in office in accordance with the articles of association until the next board of directors gets chosen.
4. The position of a member on the board of directors ends after leaving office.
5. One person can not hold different executive offices.
6. Vacant executive offices will be filled at the next general meeting.

§12. Advisory board 

1. The advisory board should advise and support the board in all issues regarding the association.
2. It may consist of up to 7 members.
3. The advisory board members are selected by the general meeting at suggestion of the board for a length of two years. The board may appoint additional suitable members until the next general meeting.

§13. Calling a General Meeting

1. A general meeting has to be called when the interest of the association requires it, but at least one time per year, preferably within the first three months of the calendar year.
2. In the year without a board election, the board of directors of the to- be-convened meeting under paragraph 1, must present an annual report and an annual financial statement, as well as deciding about approving the actions of the board of directors.

§14. Form of the Convention 

1. The general meeting must be called by the board in written form and within a time period of 2 weeks.
2. The convention of the meeting must name the subject of the resolution (= agenda).
3. The deadline starts on the day the invitation is sent to the last known member address.
4. The invitation can also be sent via electronic means unless the member objects.

§15. Quorum

1. Every properly called general meeting can have a quorum.
2. To decide about the resolution of the association (§41 BGB), two thirds of the association members must be present.
3. In case a called general meeting to decide about the resolution of the association is not quorate, another general meeting must be called within 4 weeks, starting with the day of the meeting. The next meeting has to take place at at the earliest 2 months after the first meeting but not later than 4 months afterwards.
4. The invitation to the next meeting needs to mention the simplified quorum (paragraph 5).
5. The new meeting can have a quorum without considering the number of members in attendance.

§16. Decisions 

1. Voting happens by show of hands. At the request of at least 5 attendees, voting has to take place via secret ballot.
2. The decision is made by the majority of the members present.
3. Making a decision that includes changes to the articles of association, a majority of three-quarters of the votes from members in attendance is necessary.
4. Changing the purpose of the association (§2 of the articles) requires the approval of all members, approvals of absent members need to be in written form.
5. Deciding about the resolution of the association (§41 BGB), requires a majority of four fifths of the votes from members in attendance.
6. Abstentions count for the majority of the present members (paragraphs 2, 3 and 5) as voting NO.

§17. Certification of the consortium resolutions

1. The decisions made at the meeting must be recorded.
2. The minutes shall be signed by the chairman of the meeting. If more than one chairman has been active, the last chairman of the meeting shall sign the entire minutes.
3. Each member has permission to look at the minutes.

§18. Resolution of the association

1. The association may be terminated by the decision of the general meeting (§16, paragraph 5 of the articles).
2. The liquidation is carried out by the board of directors (§11 of the articles).
3. In case of termination of the association, or if there's an omission of tax deductible purposes, the assets of the association shall go to a legal person of public law or another tax deductible corporation in order to be used for science and research.

Nördlingen, 2-2-2009