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TransFAIRiert e.V.

§ 1 Name, seat, entry, financial year

(1) The association bears the name TransFAIRiert.

(2) It has its seat in Regensburg.

(3) It should be entered in the register of associations at the District Court of Regensburg. After the entry, it has the suffix "e.V.".

(4) The business year is the calendar year.


§ 2 Purpose of the association

(1) The association pursues exclusively and directly charitable and benevolent purposes within the meaning of the section "tax-privileged purposes" of the tax code (§§ 51ff AO).

(2) The purpose of the association is to raise funds to support people in need, to sustainably integrate disadvantaged people into the economic cycle and to promote development cooperation.

(3) The aim of the association is to help needy children, young adults, their families and their communities in Hawaii (with a focus on Big Island) to meet their basic needs and to promote their ability to contribute to the improvement of their community.

(4) In addition, the association wants to strengthen the direct relationships between donors or sponsors and recipients, especially through the long-term sponsorships, with the aim of awakening interest and understanding for the problems of the people in Hawaii and to face the mutual responsibility of peoples for one another.

(5) In order to realize the purposes of the association, the association will solicit donations in the Federal Republic of Germany and accept generous donations of all kinds. The association uses its resources

a) indirectly, i.e. in the form of forwarding the funds to charitable organizations (non-profit organizations) in Hawaii, as long as these organizations pursue exclusively charitable and particularly worthy of funding purposes in the above sense and or

b) directly, i.e. directly for projects in Hawaii, in order to support needy people on site in the above sense materially and financially.

(6) The donor can support the work of the association through regularly recurring contributions for a sponsorship or through regularly recurring donations as well as one-off individual donations.

a) In the case of taking over a sponsorship, the donor can apply for a specific sponsorship from the sponsorships offered. However, the ultimate binding decision will be (in this case as well as, if he / she does not provide any information) taken by the respective non-profit organization.

b) In the case of regularly recurring donations as well as one-off individual donations, the donor can choose from a selection of projects made available to him by TransFAIRiert e.V. (via homepage) for which project his / her donation should be used. If the donor does not provide any information, the selection will be made by the respective non-profit organization.

(7) The association can conduct any business that is suitable for directly or indirectly serving the purpose of the association.

(8) In order to be able to prove the fulfillment of the requirements for the tax-relief of the association to the tax administration, the transfer of the funds to the respective non-profit organizations takes place only if the respective non-profit organizations commit themselves (annually and no later than six months after conclusion) to submit a detailed, project-related report on the use of the funds received from TransFAIRiert eV for each financial year. If it emerges from this statement of accounts that these funds are not used exclusively to pursue the statutory purposes of the association or if the respective non-profit organizations fail to comply with the obligation to submit the statement of accounts, the forwarding of the association's funds will be stopped immediately.

(9) The association is selflessly active. It primarily does not pursue its own economic purposes. It exclusively and directly pursues charitable and non-profit purposes in the sense of the section "tax-privileged purposes" of the tax code and is not directed towards profit.

(10) Association funds may only be used for the purposes mentioned above. The members do not receive any benefits from the association's funds; in the event of membership or loss of membership, there is no entitlement to a share in the association's assets.

(11) No person may be favored by expenses that are alien to the purpose of the association or by disproportionately high remuneration.


§ 3 Membership

(1) Any natural or legal person who supports its goals can become a member of the association.

(2) The board decides on the application for membership in the association.

(3) Membership ends upon resignation, exclusion or death.

(4) The resignation of a member is only possible due to December 31st of a year. It has to be declared by a written declaration to the chairman with four weeks' notice.

(5) If a member has seriously violated the goals and interests of the association or remains in arrears with the contribution for six months despite a reminder, it can be excluded by the board with immediate effect. The member must get the opportunity to justify or comment before the resolution. The period for objection is one month after notification of the exclusion; afterwards the next general meeting will decide.


§ 4 Contributions

(1) The members pay contributions in accordance with a resolution of the general meeting.

(2) To determine the amount and due date of contributions, a simple majority of the members of the association who are entitled to vote and who are present at the general meeting is required.


§ 5 Organs of the association

(1) Are organs of the association are 

a) the board of directors 

b) the general meeting

§ 6 The Board of Directors

(1) The board i.S. of § 26 BGB consists of the 1st and 2nd chairman. You are individually entitled to represent the association in and out of court. The management board of the association consists of the two chairmen and the treasurer.

(2) The management board is elected by the general assembly for a period of three years. The decision is made by a simple majority decision of the general meeting. The re-election of the board members is possible. The current board members remain in office at the end of their term until successors have been elected. If a board member who does not belong to the representative board resigns, the entire board is entitled to appoint a substitute member for the remaining term of the resigned. The term of a member of the board ends when he leaves the association.

(3) The board of directors is responsible for managing the day-to-day business of the association. In particular, it has the following tasks:

a) The board of directors carries out its work on a voluntary basis. 

b) The board of directors can hire a manager for day-to-day administration. He is entitled to take part in the meetings of the Board of Directors in an advisory capacity. 

c) He can hire and fire employees. 

d) He distributes the individual areas of responsibility within the board.

(4) The dismissal of the board is only possible for important reasons (§ 27 BGB).

(5) The invitation to management board meetings is sent by email by the chairman or, if he is prevented from doing so, by the vice chairman. Management board meetings have a quorum if 2/3 of the management board members are present. Management board members who do not have an e-mail address are invited by letter.

(6) The management board takes its decisions with a simple majority of the votes. Abstentions count as invalid votes.

(7) Resolutions of the management board can also be taken in writing or by telephone in the event of urgency if all management board members declare their consent to this procedure in writing or by telephone. Management decisions made in writing or by telephone must be put down in writing and signed by the chairman or vice chairman and announced at the next management board meeting.


§ 7 General Meeting

(1) The ordinary general meeting is called by the first chairman of the association or the vice chairman as required, but at least once in the financial year, if possible in the first half of the financial year. The invitation is sent at least 14 days in advance by email by the board with simultaneous announcement of the provisionally set agenda to the member's last known email address. Members who do not have an email address will be invited by letter. In this case, the date of the postmark applies. The letter of invitation is deemed to have been received by the member if it is sent to the last address given by the member.

(2) An extraordinary general meeting is to be called if it is necessary in the interests of the association or if the calling of 1/3 of the association members requested it in writing (stating the purpose and the reasons).

(3) The general meeting as the highest decision-making body of the association is fundamentally responsible for all tasks, if certain tasks (according to these statutes) have not been assigned to another body of the association.

(4) In particular, the annual financial statements and the annual report are to be submitted in writing for resolution on the approval and discharge of the board of directors. It appoints two auditors, who belong neither to the management board nor to a committee appointed by the board, and who are also not allowed to be employees of the association, to check the bookkeeping including the annual accounts and to report on the results to the general meeting.

(5) The general meeting decides e.g.

a) about tasks of the association 

b) buying, selling and encumbering real estate, 

c) participation in companies, 

d) taking out loans from EUR 2,500.00 

e) approval of all rules of procedure for the association area,

f)  membership fees, amendments to the statutes, 

g) dissolution of the association.

(6) Every general meeting called in accordance with the statutes is recognized as having a quorum if at least one member of the association who is entitled to vote is present. Every member over the age of 16 has one vote.

(7) The general meeting takes its decisions with a simple majority of the votes. Abstentions are not to be counted. In the event of a tie, the vote of the board decides.

(8) Resolutions on the future use of the association's assets may only be carried out with the consent of the tax office.


§ 8 Amendments of the statute

(1) A 3/4 majority of the present association members is required for amendments to the statute. Changes to the statute can only be made in the general meeting, if this item on the agenda has already been referred to in the invitation to the general meeting and both the previous and the planned new text of the statute have been attached to the invitation.

(2) Changes to the statute that are required by supervisory, judicial or financial authorities for formal reasons can be made by the board of directors. All members of the association must be informed in writing of these amendments to the statute as soon as possible.

§ 9 Notarization of resolutions

(1) The resolutions passed in board meetings and general meetings must be recorded in writing. The minutes should include the place and time of the meeting, the names of the participants, the resolutions passed and the result(s) of the vote(s). It is to be signed by the keeper of the minutes and the chairman or vice chairman.


§ 10 Dissolution of the association 

(1) A 3/4 majority of the present members at the general meeting is required for the decision to dissolve the association. The decision can only be made after timely announcement in the invitation to the general meeting.

(2) If the association is dissolved or if tax-privileged purposes cease to exist, the association's assets fall to the association "Mütter in Not e.V.", Regensburg, which has to use it directly and exclusively for charitable purposes, or - if the association no longer exists – to the association "Traumzeit e.V.", Regensburg, which has to use it directly and exclusively for charitable purposes.


Regensburg, December 5th, 2020

Resolved and signed by the founding meeting on December 5th, 2020.

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