Constitution of LR Global Kids Fund e.V.
Article 1 Name, registered office and financial year
(1) The Association shall bear the name “LR Global Kids Fund e.V.”.
(2) LR Global Kids Fund e.V. is a registered association.
(3) The Association has its registered office in 59227 Ahlen.
(4) The financial year of the Association is the calendar year.
(5) The formulations in this Constitution shall apply to both sexes.
Article 2 Purpose of the Association
(1) The purpose of the Association is to conduct or cooperate in aid, development and health programmes for the worldwide alleviation of starvation, disease and poverty and to promote peaceful and dignified co-existence, in particular for children in need. The Association is to be active in an educational and informative capacity to support its purposes and the programmes it promotes.
(2) The Association exclusively and directly pursues non-profit-making and charitable purposes within the meaning of the section on “tax-privileged purposes” in the German Tax Code (Abgabenordnung).
(3) The Association shall pursue its non-profit-making purposes by promoting development aid, public health, education and training, youth assistance programmes, supporting socially disadvantaged and needy groups, in particular children, promoting the creation of awareness about the background of need and injustice and through public relations work. These purposes are to be pursued amongst other things by the following measures:
- agricultural and food programmes;
- restoration and restructuring measures in development aid projects;
- programmes to promote self-help efforts of the poor;
- improvement of local and national infrastructure;
- medical aid programmes including treatment, education, training and self help;
- educational, training and vocational training projects under special consideration of the equal access of girls and women;
- development of centres for (social, legal, health) advice; promotion of interethnic encounter measures, development of multiethnic networks, assistance in the civil handling of conflicts, awareness work with respect to human rights, etc;
- events and issuing of information on unfavourable social and ecological circumstances in target areas;
- cooperation with other aid organisations to promote mutual understanding and the mutual realisation of the set goals.
(4) The Association shall pursue its activities without respect to religious or political considerations, i.e. the Association is a religiously and politically independent organisation.
Article 3 Procurement and use of resources to achieve the purpose of the Constitution
(1) The Association shall operate altruistically; it shall not primarily pursue its own financial purposes.
(2) The Association shall obtain the means to pursue its purpose from different sources, including membership subscriptions and donations from home and abroad.
(3) The funds of the Association shall only be used in compliance with the purposes set out in the Constitution. This shall include the payment of appropriate administrative costs arising in connection with the purpose of the Association’s Constitution.
(4) The members shall receive no benefits from the funds of the Association.
(5) The members of the Committee and of the Board of Trustees work on an honorary basis. They have no legal right to any remuneration or income from the assets of the Association. They may be given no pecuniary advantages.
(6) Members of the Committee and any persons working for the Association on an honorary basis may have their costs reimbursed.
(7) No person may be disproportionately favoured by expenditure that is foreign to the purpose of the Association or which is disproportionately high.
Article 4 Membership
(1) Any natural or legal entity may become a member of the Association. The membership must be applied for in writing. The Committee shall decide on membership.
(2) Membership in the Association entitles all members to participate in the General Assembly and to exercise their voting rights.
(3) Membership shall end by written declaration of withdrawal to the Committee. It shall only be possible to end membership, giving notice of one month to the end of a financial year. Membership shall furthermore end by death or by dissolution in the case of legal entities.
(4) If a member is in arrears of two annual membership subscriptions despite reminder, membership may be ended by exclusion.
(5) Membership can be ended by exclusion of the member. The General Assembly shall decide on excluding the member on application of the Committee with a 2/3 majority. The application must be substantiated.
Article 5 Bodies
Bodies of the Association are as follows:
a) the General Assembly (Article 6)
b) the Committee (Article 7)
c) the Board of Trustees (Article 8)
Article 6 Meeting of Members
(1) The ordinary General Assembly shall take place once a year. It must be convened in writing by the Committee, specifying the agenda at least four weeks in advance.
(2) The Committee is entitled to convene an extraordinary General Assembly. The Committee is obliged to convene any such extraordinary General Assembly within three weeks after it has received a written application from members who represent at least 25% of the votes of the Association. In this case the members of the Association are to be invited, specifying the agenda, at least one week before the date of the extraordinary General Assembly. Extraordinary General Assemblies may be held in order to release members of the Committee and of the Board of Trustees of their office insofar as the members of the Association deem any such measure to be necessary. Extraordinary meetings of members may also be held to elect new members of the Committee and of the Board of Trustees for the period up to the next ordinary General Assembly.
(3) The chairman of the Committee and, in the event of his impediment, one of the Deputy Chairmen, shall chair the General Assembly.
(4) Every member of the Association shall have one vote. The exercising of the voting right shall be made either in person or by written transfer of vote to another member participating in the General Assembly. However, a member may not represent more than five votes of absent members.
(5) Legal entities or other partnerships shall be represented by a submission of a written power of attorney of the legal representative.
(6) Exercising the voting right shall require that the membership subscriptions have been paid up to the end of the year preceding the General Assembly.
(7) The General Assembly shall form a quorum if one third of the members entitled to vote are personally present or represented by transfer of votes.
(8) Decisions of the General Assembly shall be passed by simple majority insofar as nothing to the contrary is required by this Constitution.
(9) In exercising the rights attributable to it, the General Assembly shall amongst other things have the following tasks:
a) to elect the Committee pursuant to Article 7 (2) for the duration of two years;
b)to appoint honorary members;
c) to take receipt of the annual report from the Committee, to deliberate and make recommendations;
d) to deliberate on questions as requested by the members that these be placed on the agenda, observing a period of one week, or as requested by majority vote of the General Assembly;
e) to discharge the Committee;
f) to decide the amount of the annual membership subscription;
g) to appoint an auditor who will give the General Assembly the requisite information to discharge the Committee pursuant to Article 6 (9) lit. e. The auditors have the right of full inspection of all books, accounts and other pertinent documents and records of the Association;
h) to resolve any amendment to this Constitution with a 2/3 majority of votes present.
(10) Minutes are to be taken on the General Assembly which must be signed by the chairman of the General Assembly and a secretary appointed by the General Assembly.
Article 7 Committee
(1) The Committee shall manage the Association and shall take the resolutions necessary to promote the objectives and activities of the Association.
(2) The Committee is composed as follows:
a) the chairman of the Committee, two deputy chairmen of the Committee;
b) up to seven additional members of the Committee.
(3) The chairman of the Committee and the deputy chairman of the Committee shall form the Managing Committee. They shall represent the Association in and out of court pursuant to Section 36 German Civil Code (BGB). Each shall be entitled to represent the Association alone; the deputy chairmen shall only make use of their right to represent if the chairman is prevented from so doing. This event need not be proven.
(4) On request, the Committee shall meet as and when required but at least three times a year. It shall be convened by its chairman in writing, giving a four week’s period of notice. In urgent cases, a period of invitation of eight days shall suffice.
(5) The Committee shall form a quorum if at least one third of the members of the Committee are present, including the chairman of the Committee or a deputy chairman. The Committee shall decide by simple majority. In the case of equality of votes, a motion shall be deemed to have been rejected.
(6) The Committee shall in particular have the following tasks:
a) to decide on the annual financial statements including discharge;
b) to decide on the annual budget;
c) to appoint a sworn auditor to audit the annual financial statements;
d) to appoint the members of the Board of Trustees for three years respectively;
e) to decide on matters of particular importance and in particular:
- measures which lead or may lead to additional financial expenditure extending beyond the approved budget or the discretionary framework;
- the extension of activities of LR Global Kids Fund e.V. to include new countries and programmes;
- participation in other corporations and resulting activities having a financial impact on LR Global Kids Fund e.V.
(7) The Committee may delegate decision-making powers to the Managing Committee permanently or for a limited period.
(8) Urgent decisions on matters of special importance pursuant to Paragraph 6 lit. g may only be taken by the Managing Committee unanimously. The Committee must be informed of them immediately.
(9) As and when required, the Committee may also set up advisory boards and other committees for special tasks.
(10) The Committee shall draw up rules of procedure as and when required with closer details.
Article 8 Board of Trustees
(1) The Board of Trustees shall support the work of the Association and shall provide advice to the Committee. The members of the Board of Trustees shall support and advise LR Global Kids Fund e.V. in the implementation of the measures including canvassing for donations.
(2) Its members are prominent personalities of public life. They shall be elected by the Committee for the period of three years. Re-election is possible.
(3) A member of the Board of Trustees cannot at the same time be a member of the Committee of the Association.
(4) The Board of Trustees shall meet regularly once a year at the invitation of its chairman. Its members shall receive reports on the meetings of the Committee and of the General Assembly to go about its tasks and, on request, the complete minutes of the meetings of these Committees.
(5) The members of the Board of Trustees shall be invited to the General Assemblies as guests and shall be entitled to speak here. The members of the Managing Committee shall participate in the meetings of the Board of Trustees.
Article 9 Honorary Membership
On proposal of the Committee, the General Assembly may appoint personalities to become honorary members of LR Global Kids Fund e.V. Honorary members shall not be entitled to vote.
Article 10 Dissolution of the Association
(1) The dissolution of the Association may be decided by resolution of the General Assembly with % majority of the members appearing if a thorough and sustained realisation of the Association purpose would appear to be ruled out on a permanent basis in view of the given circumstances.
(2) The resolution to dissolve the Association must contain the requisite measures envisaged by law.
(3) If the Association is dissolved or the pursuit of the objective relinquished, the Association assets shall be attributable to a different German corporation under public law or tax-privileged corporation with the objective of using these assets for similar or comparable non-economic or charitable purposes. Before taking a resolution on the future appropriation of assets and its implementation, the consent from the competent tax office shall be required.
Article 11 Coming into force
Insofar as the registration court objects to parts of the Constitution, the Committee is hereby authorised to change the Constitution to remedy such.
This Constitution was passed by the General Assembly on 16 October 2008 and shall come into force immediately after entry into the Register of Associations and after approval from the tax office.