Statute of BMXnet e.V. association – V1.5 – 04.Oct.2009
Statute of BMXnet e.V. association
§ 1 Name, location, registration, fiscal year
- The association is called BMXnet e.V. (Body Modification eXchange NETwork).
- It is located in Essen, Germany (zip code 45141)
- It is entered in the register of associations at the district court in Essen.
- The fiscal year ends December 31st.
§ 2 Objectives of the association
- The association aims exclusively and directly at charitable goals in accordance with the „tax relief purposes“ section of the tax code (§§ 51 following) in each respectively valid edition. The aim of the association is the dissemination of information regarding the public health, through explanation and information concerning health risks caused by improperly done invasive body modification (e.g. tattoo, piercing and scarification), to maintain and improve hygienic bodyart practices and to facilitate the furtherance and cultivation of modern primitive customs.
- The purpose of the statute is fulfilled through the supply of information within the framework of consumer protection as well as consumer consultation. Free, non-biased information, both in print and digital form (website), is provided for consumers, parents and to risk exposed groups (explanation, estimation of risks and dangers, information). Information and education regarding sterilization, aseptic technique and risk assessment and prevention is provided to body art practitioners through informal meetings, annual seminars, in print and on the website.
Further, the association seeks to improve cultural acceptance of body art and the traditional customs of the “modern primitives” through forums and information that is offered to interested members of the general public. Events open to everyone are organized and supported.
§ 3 Non-Profit
- The association operates as a non-profit; it is not a for-profit venture.
- The resources of the association may only be used for statutory purposes.
No member of the association may receive any subsidies from association funds.
- Members may not receive any shares in the association’s property when retiring or receive any part of the association’s estate in case of its dissolution or closing.
- No person may benefit from expenses that do not conform to the goals of the association, nor through excessive remuneration.
§ 5 Membership fee
- Mitglied des Vereins kann jede natürliche Person werden, die seine Ziele unterstützt.
- Über den Antrag auf Aufnahme in den Verein entscheidet der Vorstand.
- Die Mitgliedschaft für natürliche Personen wird über ein Jahr geschlossen und verlängert sich automatisch. Den Mitgliedern stehen alle Inhalte, Materialien und Veranstaltungen des Vereins zur Verfügung. Die Mitgliedschaft umfasst die freie Nutzung des „Member Logos“ und den unregelmäßig erscheinenden Mitglieder Newsletter (eMail), sowie Listung und Link auf der Homepage des Vereins. Die Mitglieder wählen aus ihrer Mitte den Vorstand des Vereins.
- Die Mitgliedschaft endet durch Austritt, Ausschluss oder Tod.
- Der Austritt eines Mitgliedes ist nur zum Ende der jährlich abgeschlossenen Mitgliedschaft möglich. Er erfolgt durch schriftliche Erklärung gegenüber dem Vorsitzenden unter Einhaltung einer Frist von 14 Tagen vor Ablauf der Mitgliedschaft.
- Wenn ein Mitglied gegen die Ziele und Interessen des Vereins schwer verstoßen hat oder trotz Mahnung mit dem Beitrag für 3 Monate im Rückstand bleibt, so kann es durch den Vorstand mit sofortiger Wirkung ausgeschlossen werden.
Dem Mitglied muss vor der Beschlussfassung Gelegenheit zur Rechtfertigung bzw. Stellungnahme gegeben werden.
Gegen den Ausschließungsbeschluss kann innerhalb einer Frist von 4 Wochen nach Mitteilung des Ausschlusses Berufung eingelegt werden, über den die nächste Mitgliederversammlung entscheidet.
§ 5 Beiträge
The members pay contributions as decided by the annual general meeting. To stipulate the amount and maturity of contributions a simple majority of the enfranchised members of the association attending the general meeting is required.
§ 6 Bodies of the association
Bodies of the association are
a. The board of directors
b. The annual general meeting
§ 7 Board of directors
- The board of directors consists of three members. It represents the association judicially and extra-judicially. Besides every member of the board owns the right of sole representation.
- The board of directors is elected by the general meeting for a period of five years. The reelection of the members of the board of directors is possible. The chairman gets appointed by the general meeting by special ballot. Acting members of the board of directors may höld office after the expiration of their term of office until a successor has been elected.
- The board of directors is responsible for the continuing operations of the association. The board of directors holds its office in an honorary capacity. The board of directors is allowed to appoint a manager for the running administration. This manager is allowed to attend the meetings of the board of directors in an advisory capacity.
- Meetings of the board of directors take place at least twice a year. The chairman issues invitations for the meeting to the board with at least 14 days notice. Meetings of the board of directors has a quorum if at least two members of the board of directors are present.
- The board of directors passes a resolution by simple majority.
- In case of urgency resolutions of the board of directors can as well be passed in writing or by telephone if all members of the board of directors agree in writing or by telephone with this proceeding. Written or telephonic resolutions passed by the board of directors have to be written down and signed.
§ 8 Treasurer
- The treasurer is responsible for the keeping of the association’s funds. He keeps the accounts of the incomes and expenses. The treasurer is allowed to collect contributions. According to this responsibility he is a special representative of the association in conformity with § 30 BGB.
- Each fiscal year the treasurer must present to the general meeting a treasurer’s report with vouchers attached. For the sake of regularity of the cash-keeping a member of the association elected by the general meeting checks the balance sheet and certifies it by signature. Due to the suggestion of this member the general meeting thereafter decides about the discharge of the treasurer.
- The treasurer is allowed to attend the meetings of the board of directors in an advisory capacity.
- The treasurer is elected by the general meeting for a period of five years. The treasurer may be re-elected. The acting treasurer holds office after the expiration of his term of office until a successor has been elected.
§ 9 Change of statute of association
- To change the statute of the association a 2/3 majority of the members attending is needed. Voting for a change of the statute of the association at the general meeting is only possible if this item of the agenda has already been mentioned on the invitation to the general meeting and if the previous and the new articles of the statute have been attached to the invitation.
- Changes of the statute of the association required by supervisory authority, court or tax office due to formal reasons can be made by the board of directors itself. These changes of statute of the association have to be immediately reported in writing to all members of the association.
§ 10 Authentication of resolutions
Resolutions made during the meetings of the board of directors and the general meeting have to be put into writing and need to be signed by the board of directors.
§ 11 Annual general meeting
- General meeting takes place once a year.
- An extraordinary general meeting has to take place if the association’s interest requires it or if the convening of 1/3 of the members of the association is required in writing and by mentioning the purpose and reasons.
- The convening of the general meeting will be made in writing by the board of directors within a deadline of at least two weeks; at the same time the order of the day has to be mentioned. The deadline starts with the day following the dispatch of the invitations. The date of postmark applies. The invitation is considered to have been received by the member if sent to the last address notified by the member in writing to the association.
- If certain duties have not been transferred to another body of the association in conformity with this statute, the general meeting, as the highest resolution passing body of the association, is responsible for all duties in general.
The annual account and the annual report are to be submitted for resolution to the general meeting regarding their adoption and the discharge of the board of directors. The general meeting appoints two auditors who neither belong to the board of directors nor are members of a committee appointed by the board of directors or employees of the association to check the book-keeping including the annual accounts and give an account of the result in front of the general meeting. The general meeting also decides about (e.g.):
b. Tasks of the association
c. Buying, selling and debiting real property
d. Participation in companies
e. Taking up a loan up from the amount of 1 EUR
f. Approval of all rules of procedure
g. Membership fee
h. Change of statute
i. Dissolution of the association
- Every general meeting convened according to the statute is considered to have a quorum regardless of the number of members attending. Every member has got one vote.
- The general meeting makes its decisions with simple majority. In the event of a tie the application is rejected.
§ 12 Dissolution of the association and asset lock
- A 3/4 majority of the members attending the general meeting is needed to pass the resolution of dissolution of the association. The resolution can only be passed if it has previously been announced in time in the invitation to the general meeting.
- In case of the dissolution of the association or the abolition of tax relief purposes the property of the association will be transferred in favor of the children’s’ relief work “SOS Kinderdorf e.V.”.
Resolutions about future usage of the property of the association are only allowed to be passed after obtaining the tax office’s consent.
The fourth version of the statute of the association has been decided and signed October 4th 2009 in Essen.