§ 1 Name, registered office
1) The association is called IndienHilfe Deutschland e.V.
2) It has its seat and administration in 49134 Wallenhorst, St. Bernhardsweg 4.
§ 2 Legal form, business year
1) The association shall be registered in the register of associations at the district court of Osnabrück. After registration in the register of associations, it shall bear the suffix e.V.
2) The financial year of the association is identical with the calendar year.
§ 3 Purpose of the association
1) The association IndienHilfe Deutschland e.V. pursues exclusively and directly charitable, benevolent and social-social purposes in the sense of the section
"Tax-privileged purposes" of the tax code.
2) The purpose of the association is to promote the school education of Indian children and to support needy persons in India. The principles of participation, help through self-help and the child rights approach are the basis for the work of IndienHilfe Deutschland e.V.. The focus is on supporting, promoting and improving basic services and self-help efforts. This is achieved in particular through school education, training and further education as well as other forms of popular and vocational education such as literacy, promotion of an international outlook, tolerance in all areas of culture and religion are the overarching goals. Furthermore, the association also supports social, agricultural and environmental projects in India as well as projects to promote intercultural exchange between Germany and India.
3) The purpose of the statutes is realized in particular by raising funds (the collection of donations, membership fees, as well as other financial and material resources) for the implementation of projects of education, training and further education in India and in Germany by the association itself or by passing them on to third parties.
The purpose of the statutes is also to be achieved through events (lectures, seminars, internet presence) in the service of international understanding and cultural dialogue in the Federal Republic of Germany.
4) The association is selflessly active; it does not pursue its own economic purposes. Funds of the association may only be used for the purposes laid down in the statutes. The members do not receive any allowances from the funds of the association. No person may be favoured by expenses that are alien to the purpose of the corporation or by disproportionately high remuneration.
5) The organs of the association work on a voluntary basis. Necessary expenses can be reimbursed.
§ 4 Membership
1) Any natural person can become a member of the association. For minors, the consent of the legal representative is required. The board of directors decides on admission after receiving a written application. An appeal against the negative decision can be lodged within one month to the next ordinary general meeting.
2) Honorary membership can only be granted after a decision of the general meeting.
§ 5 Membership fee
1) A membership fee must be paid. It amounts to 5.00 € per month, payable at the beginning of the month.
2) The amount of the membership fee can be set differently for different groups of members, as far as this is objectively justified.
§ 6 Termination of membership
1) Membership ends with death.
2) The members of the association are entitled to resign.
3) The resignation of a member is only possible at the end of the year. It is effected by written declaration to the chairman with a notice period of 3 months to the end of the year. Membership fees already paid will not be refunded for the current year upon resignation.
§ 7 Exclusion
1) The exclusion of the association is made by resolution of the executive committee. A member of the association can be excluded by the executive committee with immediate effect if he or she has seriously violated the goals and interests of the association, no longer fulfils the requirements of the statutes or remains in arrears with the membership fee for 1 year (one annual fee) despite a reminder.
2) The member must be given the opportunity to comment before the decision on the exclusion is taken. The exclusion decision must be justified, unless the reasons for the exclusion are known to the person concerned and the exclusion facts are not in dispute. The exclusion decision becomes effective with the notification to the person concerned. An appeal against the exclusion decision can be lodged within a period of 1 month after notification of the exclusion, on which the next general meeting will decide.
§ 8 Rights and duties of members
1) Members are entitled to use the facilities and equipment of the association and to participate in all events.
2) The members are obliged to promote the purpose of the association and to refrain from everything that could endanger the reputation of the association. The orders of the association's organs are to be followed.
3) The rules of the association and the house rules are to be observed.
4) Every change of residence is to be reported to the board immediately.
§ 9 Organs of the association
organs of the association are:
1) the general meeting,
2) the executive committee,
3) the Advisory Board.
The general meeting can decide to form further organs of the association.
§ 10 General Assembly of Members
1) All members of the association belong to the general meeting with one vote each.
2) The general meeting is convened by the executive committee. The general meeting must be convened at least once in the first half of each calendar year. It is also called if an urgent interest of the association requires it or if at least 10% of the members submit a corresponding request to the board. The minority request according to § 37 para. 1 BGB is only considered if the written request lists the purpose and reasons for the meeting.
3) The invitation to the general meeting is issued in writing, by email or in electronic form according to § 126a BGB by the chairman(s), stating the agenda. The letter of invitation must be sent 14 days before the meeting.
§ 11 Resolutions of the general meeting
1) The General Assembly of Members shall constitute a quorum if duly invited, regardless of the number of members present. It elects a chairman from among its members.
2) Unless the meeting decides otherwise, decisions are made openly by raising hands with a majority of votes. In the event of a tie, a motion shall be deemed rejected.
3) In the case of resolutions on changes to the statutes and purpose of the association and resolutions on the dissolution of the association, 3/4 of the votes cast in the general meeting are required in deviation from (2).
§ 12 Tasks of the General Assembly of Members
1) The General Assembly as the supreme decision-making body of the Association is in principle responsible for all tasks, unless certain tasks have been transferred to another body of the Association in accordance with these Statutes.
2) The general meeting elects the executive committee from among the members. Elected are the persons who receive the most votes. The election takes place by secret ballot.
3) The General Assembly of Members can vote out members of the Executive Board, even before the end of the five-year period according to § 13 paragraph 2.
4) The general meeting decides on motions of members who are to be excluded by decision of the board.
5) The General Assembly of Members receives the annual report of the Board of Directors, which must be submitted annually, and the auditor's report and grants discharge to the Board of Directors.
6) The general meeting has to decide on amendments to the statutes and dissolution of the association.
7) The annual accounts and the annual report are to be submitted to the general meeting in writing for the purpose of passing a resolution on the approval and discharge of the board.
to be presented. The General Assembly of Members shall appoint an auditor each year, who shall not be a member of the Executive Board or a body appointed by the Executive Board, nor may he or she be an employee of the Association, to audit the cash of the Association. The auditor shall check whether the use of the Association's funds was in accordance with the budget estimates and whether the accounts, including the annual financial statements, were properly kept. In this respect the
Auditors to report to the general meeting. The auditor has access to all bookkeeping and accounting documents of the association.
8) The general meeting decides in particular on
1. exemptions from the obligation to pay contributions
2. tasks of the association
3. purchase, sale and encumbrance of real estate
4. participation in companies
5. raising of loans
6. approval of all rules of procedure for the association
7. membership fees
9) The general meeting can decide on further matters which are submitted to it by the executive committee or by the membership.
§ 13 The Executive Board
1) The Executive Board consists of the Chairman and two other members of the Executive Board.
2) The members of the board are elected by the general meeting for a period of 5 years. If members of the board leave the board prematurely, an extraordinary general meeting is to be called immediately for a by-election if less than 2 board members remain.
3) Except in the case of death or expiry of an election period, the office of a board member expires with the resignation or exclusion from the association, by
Dismissal or resignation.
4) The general meeting can remove the entire board or a single board member from office at any time by electing a new board.
5) The members of the executive committee can declare their resignation in writing at any time. The declaration of resignation is to be addressed to a remaining member of the executive committee, in case of resignation of the entire executive committee, to the secretary. However, the declaration of resignation will only become effective 1 month after receipt.
§ 14 Responsibilities of the Executive Board
1) The Executive Board is responsible for the management and representation of the Association. In the internal relationship it is determined that, in deviation from the above sentence 1, the chairman alone is responsible and accountable for the finance department. In this respect, he/she shall report fully and immediately to the other members of the Executive Board on all developments, measures and decisions affecting the department and shall expressly and immediately draw attention to any problems, ambiguities and bottlenecks. With the exception of the Finance Department, the Chairman and the other members of the Executive Board are jointly responsible for all other departments.
2) The Executive Board shall carry out the resolutions of the General Assembly of Members and carry out the tasks assigned to it by these Statutes as well as the business of day-to-day administration in its own responsibility.
3) The board represents the association judicially and extrajudicially in all association matters in the sense of § 26 para. 2 BGB.
4) The association is represented by 2 members of the board.
5) The executive committee is responsible to the general meeting. It must present a detailed report on its work to the regular general meeting.
§ 15 The Advisory Board
1) The Advisory Board is an organ of the Association. It is composed of up to fifteen, but at least three members of the Association or natural persons. They are appointed to the advisory board by the executive committee. A new advisory board is appointed every two years. Each member of the Association and each natural person may be appointed to the Advisory Board as often as desired.
2) Every member of the association is free not to be a member of the advisory board. Every member of the advisory board can resign from the advisory board at any time. If a member leaves the advisory board, the executive committee will appoint a new member; this membership will then only last until the regular end of the respective period of two years of the retired member.
3) The Advisory Board has a purely advisory function. Its task is to develop ideas on how the association can best achieve its purposes. The advisory board does not have to be heard by the other organs and it has no right of veto or similar rights. The Advisory Board meets twice a calendar year and is convened by the Executive Board.
§ 16 Meeting minutes
The decisions of the board and the general meetings are recorded in writing and are available for inspection by the members. The minutes shall record the place and time of the meeting and the respective voting results. The minutes shall be signed by the chairman of the meeting.
§ 17 Disciplinary Penalties
The association is entitled to impose the following disciplinary measures on members who intentionally violate the statutes, the house rules or the orders of the organs:
1) Warning or reprimand,
2) administrative fines up to an amount of 500.00 €,
3) Exclusion from the association according to § 7 of the statutes.
§ 18 Liability
The association is only liable for damages of any kind which a member of the association has incurred from participation in events of the association or from the use of other association facilities or from orders of the association's organs if a member of the organs or another person for whom the association is responsible according to the regulations of civil law is guilty of intent or gross negligence.
§ 19 Dissolution and use of the assets of the Association
1) In case of dissolution of the Association, the members of the Board in office shall be the liquidators.
2) In the event of the dissolution of the association or in the event of the cessation of tax-privileged purposes, the assets of the association shall fall to the diocese of Osnabrück, which shall use them directly and exclusively for non-profit, charitable or ecclesiastical purposes.
3) The accumulation of assets refers only to the remaining assets of the Association, i.e. those remaining after the liquidation.
§ 20 Entry into force
These statutes were adopted at the founding meeting on 18 December 2008 and thus came into force. They were amended on 21 September 2012, 23 March 2015 and last amended on 20 April 2018.