Statutes
The statute of Wir für Demokratie e.V. can be downloaded here.
§ 1 Name, Seat, Business Year
- The name of the association shall be “Wir für Demokratie”.
- The association shall be registered in the register of associations and after registration shall bear the suffix “eingetragener Verein”, in the abbreviated form “e.V.”.
- The registered office of the Association shall be in Munich.
- The financial year of the association shall be the calendar year.
§ 2 Purpose of the Association
- The association shall exclusively and directly pursue non-profit purposes within the meaning of the section “Tax-privileged purposes” of the German Fiscal Code (Abgabenordnung).
- The purpose of the association is the promotion of popular education in the field of active, non-partisan engagement (§ 52 para. 2 sentence 1 no. 7 AO). Through involvement in the non-partisan grassroots movement, the participants are to experience political education in order to be able to independently influence the formation of political will and public opinion.
- The purpose of the association is the general promotion of the democratic state within the scope of this law (section 52, paragraph 2, sentence 1, no. 24 AO).
§ 3 Activies
- The purpose of the statutes is realised in particular through
a. the development of a non-partisan grassroots movement which aims to promote the general political involvement of
civil society,
b. conducting objective and neutral training courses on the political system of the Federal Republic of Germany and the European Union and the civic political rights and duties enshrined therein,
c. the holding of seminars and workshops with the purpose of improving political perceptiveness and the ability to
of a democracy based on the rule of law, to promote the political awareness and the political sense of responsibility of the citizens, in order to
the possibilities of political participation,
d. To meet and exchange with candidates and members of parliament of all constitutional parties in their candidacies for elective offices at local level.
parties in their candidacies for elective office at local, state, federal and European level,
e. the organisation or coordination of events, workshops and meetings that promote the cause or individual elements of the
elements of the non-party grassroots movement, elements of democratic decision-making or other civic contents in an open-minded
openness,
f. the confirmation and consolidation of democratic, civic engagement through regular meetings, supervision, support or coaching of volunteers engaged in the grassroots movement.
2. The association is selflessly active; it does not primarily pursue its own economic purposes.
3. The funds of the association may only be used for the purposes set out in the statutes. Members shall not receive any benefits from the Association’s funds.
4. Persons working in an honorary capacity shall only be entitled to reimbursement of proven expenses in accordance with § 4.
§ 4 Use of Funds
1. The Executive Committee may, if necessary and taking into account the economic circumstances and the budgetary situation, award contracts for activities on behalf of the Association to third parties in return for appropriate remuneration or fees.
2. In order to carry out the management tasks and to run the office, the Board shall be authorised, within the limits of the budgetary activities, to employ
The Executive Committee is authorised to employ full-time administrative staff within the framework of the budgetary activities.
3. The Chairperson shall have the authority to direct the work of the employees.
4. Members and employees of the association are entitled to reimbursement of expenses in accordance with § 670 BGB for expenses incurred through their work for the association. These include in particular travel costs, postage, telephone, copying and printing costs. Members and staff must observe the principle of economy. The Executive Committee may decide on lump sums for expenses within the limits of tax law.
5. Claims for reimbursement of expenses may only be asserted within a period of 3 months after they have arisen. Reimbursements shall only be granted if the expenses are substantiated with verifiable receipts and statements.
§ 5 Prohibition of favours
No person may be favoured by expenses that are alien to the purpose of the corporation or by disproportionately high remuneration.
§ 6 Acquisition of membership
1. Any natural person of full legal capacity may become a member of the association, provided that he or she does not belong to a party, organisation or other group which acts or endeavours to act contrary to the free democratic basic order or has already come to light in the past through racist, nationalist, anti-Semitic or other expressions of contempt for humanity.
2. Ordinary and passive memberships shall be introduced. Only full members are entitled to vote at the General Assembly, cf. § 12 para. 1.
3. The declaration of membership shall be submitted in text form in accordance with § 126b BGB.
4. The Executive Board shall make the final decision on admission.
§ 7 Termination of membership
1. membership shall end
a. by voluntary resignation,
b. by expulsion from the Association,
c. by the death of the member.
2. Resignation shall be effected by written declaration to a member of the Executive Committee. It is only permitted at the end of a calendar half-year, subject to a notice period of four weeks. In order to comply with the notice period, the resignation must be received by a member of the Executive Committee in due time.
3. A member may
a. due to a gross violation of the interests of the Association,
b. if a member is in arrears with the payment of an annual subscription despite two reminders,
c. on the grounds of belonging to parties, organisations or other groups which act contrary to the free democratic basic order
the free democratic basic order,
d. by appearing on the basis of racist, nationalist, anti-Semitic or other inhuman statements, or
e. for any other important reason
be excluded from the association. The General Assembly shall decide on the exclusion on the motion of the Executive Committee. The Executive Committee shall notify the member to be excluded of its motion in writing at least two weeks before the meeting, stating the reasons. Before the decision is taken, the member shall be given the opportunity to make a personal statement. Any written statement by the member concerned shall be read out at the general meeting. If the member was not present when the resolution was adopted, the Executive Board shall immediately notify the member of the expulsion.
§ 8 Membership fees
1.Annual subscriptions shall be levied on the members.
2. The amount of the annual subscription and its due date shall be determined by the General Assembly.
3. An admission fee shall not be payable.
4. Honorary members shall be exempt from the obligation to pay fees.
§ 9 Bodies of the association
Bodies of the association are:
1. The board of directors (§ 10 bis § 11 of the Statute) and
2. The General Assembly (§ 12 to § 16 of the Statute).
§ 10 The Board of Directors
1. the executive committee in the sense of § 26 BGB consists of
a. the Chairperson,
b. up to two deputies.
2. The Association shall be represented in and out of court by one member of the Executive Board. Each member is entitled to represent the Association alone.
3. members of the Executive Committee may be paid a remuneration. The amount shall be decided by the General Assembly. The General Assembly may authorise individual members of the Executive Board to conclude and terminate corresponding contracts with other members of the Executive Board.
4. Members of the Executive Committee shall only be liable to the Association and its members for damage caused by them in the performance of their duties in cases of intent and gross negligence. This shall also apply insofar as they receive remuneration for their activities.
§ 11 Term of office of the Board of Directors
1. The Executive Board shall be appointed by the General Assembly for a period of two years from the date of election. It shall remain in office until the next Executive Board is appointed in accordance with the Articles of Association. Re-election is permitted.
2. If a member of the Executive Committee resigns during the term of office, the Executive Committee shall elect a substitute member from among the members of the Association for the remaining term of office of the resigning member. The Board may unanimously waive this by-election if at least 3 Board members are still present despite the resignation.
§ 12 Resolutions of the Board of Directors
1. The board of directors shall generally adopt its resolutions in board meetings convened by a member of the board of directors without formal notice. In any case, a notice period of three days shall be observed. No notification of the agenda is required. The Executive Board shall constitute a quorum if at least two members of the Executive Board are present. Resolutions shall be passed by a majority of the valid votes cast. In the event of a tie, the head of the Executive Committee meeting shall have the casting vote.
2. The Board meeting shall be chaired by the Chairperson or, in his/her absence, by the Deputy Chairperson. The resolutions of the Executive Committee shall be recorded in the minutes and signed by the chairperson for the purpose of evidence.
3. A resolution of the Executive Board may be passed in writing, in text form according to § 126b BGB or by telephone.
§ 13 The General Assembly
1. At the General Assembly, each full member present shall have one vote. Passive members are entitled to participate and speak, but have no right to vote. The same applies to honorary members.
2. The General Assembly shall be responsible in particular for the following matters
responsible for:
a. Acceptance of the annual report of the Executive Committee; discharge of the Executive Committee.
b. Determination of the amount and due date of the annual subscription.
c. Election and dismissal of the members of the Executive Committee.
d. Passing resolutions on the amendment of the Statutes and on the dissolution of the Association.
e. Appointment of honorary members.
3. Persons who belong to parties, organisations or other groups which act or strive to act contrary to the free democratic basic order or who have already appeared in the past through racist, nationalistic, anti-Semitic or other inhuman statements shall be denied admission to the general meeting.
§ 14 Convening the General Assembly
1. An ordinary general meeting shall be held in each financial year.
2. It shall be convened by the Board of Directors with a notice period of two weeks by notification in text form pursuant to § 126b BGB, stating the agenda.
agenda. The notice period shall commence on the working day following the dispatch of the invitation. The letter of invitation shall be deemed to have been received by the member if it is addressed to the last contact address given to the Association by the member. The agenda shall be set by the Executive Committee.
§ 15 The passing of Resolutions by the General Assembly
1. The General Assembly shall be chaired by the Chairperson or, in his/her absence, by the Deputy Chairperson. If no member of the Board is present, the meeting shall appoint a chairperson.
2. The minutes shall be taken by a secretary appointed at the beginning of the meeting.
3. The manner of voting shall be determined by the chairman of the meeting. Voting must be in writing if requested by one third of the voting members present at the time of the vote.
4. The General Assembly shall not be open to the public. The chairperson of the meeting may admit guests. The General Assembly shall decide on the admission of the press, radio and television.
5. Any General Assembly duly convened shall constitute a quorum irrespective of the number of members present.
6. The General Assembly shall generally adopt resolutions by a simple majority of the valid votes cast; abstentions shall therefore be disregarded. A majority of three quarters of the valid votes cast is required to amend the Statutes and a majority of four fifths to dissolve the Association.
7. The following shall apply to elections: If no candidate has obtained a majority of the valid votes cast in the first ballot, a run-off election shall be held between the candidates who have obtained the two highest numbers of votes.
8. Minutes shall be taken of the resolutions of the General Assembly and shall be signed by the Chairperson and the Secretary. It shall contain the following statements: Place and time of the meeting, the person chairing the meeting and the person taking the minutes, the number of members present, the agenda, the individual voting results and the type of voting. In the case of amendments to the Statutes, the provision to be amended shall be stated.
§ 16 Subsequent motions to the agenda
Each member may, no later than one week prior to the date of the General Assembly, apply to the Executive Board in text form pursuant to § 126b BGB
BGB (German Civil Code) at the latest one week before the day of the General Assembly. The chairperson of the meeting shall add to the agenda at the beginning of the
The chairperson of the meeting shall amend the agenda accordingly at the beginning of the general meeting. The General Assembly shall decide on requests for additions to the agenda. The General Assembly shall decide on motions to add items to the agenda which are not made until the General Assembly. A majority of three quarters of the valid votes cast is required to accept the motion. Amendments to the Statutes, the dissolution of the Association and the election and dismissal of members of the Executive Board can only be decided if the motions have been announced to the members with the agenda.
§ 17 Extraordinary General Meetings
The Executive Committee may convene an extraordinary General Assembly at any time. The General Assembly shall be convened in accordance with § 36 of the German Civil Code (BGB) if the interests of the Association so require or in accordance with § 37 of the German Civil Code (BGB) if convening is requested in writing by one third of all members, stating the purpose and the reasons. For the extraordinary general meeting, §§ 12 to 15 apply accordingly..
§ 18 Dissolution of the association and entitlement to accrual
1. The dissolution of the Association can only be decided at a General Assembly with the majority of votes stipulated in §14. Unless the General Assembly decides otherwise, the Chairperson and the Vice-Chairperson(s) shall be joint liquidators authorised to represent the Association. The above provisions shall apply mutatis mutandis in the event that the Association is dissolved for any other reason or loses its legal capacity. 2.
2. In the event of the dissolution or liquidation of the Association or in the event that tax-privileged purposes cease to exist, the assets of the Association shall pass to Parlamentwatch e.V., which shall use them directly and exclusively for non-profit purposes.
§ 19 Salvatory clause
1. These Articles of Association shall enter into force on the day of entry into the Register of Associations.
2. The date of foundation of the association is 02.11.2019.
§ 20 Final clauses
Should any provisions of these Statutes be or become void or ineffective, the validity of the remaining provisions shall not be affected thereby. The void or ineffective provision shall be reinterpreted or supplemented in such a way that the purpose intended by the void or ineffective provision is achieved in the best possible way. This shall also apply if a loophole requiring supplementation becomes apparent during the implementation of these Statutes.