articles of association
Preamble
Our declared goal is to break new ground while rediscovering old, tried-and-tested paths and roots in order to breathe new life into them. In particular, we want to focus on the paths and trails that connect the citizens of our beautiful region, paths that our friends and guests use to find their way to us. To the beautiful bilingual Lusatia, to our bilingual communities, to our lakes, to our language, customs, and traditions, and to our hearts. Our symbol for this is “KRABAT,” who enchanted our ancestors in his time and who today can be the root that allows our region to flourish.
§ 1 - Name and registered office
(1) The association bears the name: Auf den Spuren des KRABAT – Verein zur regionalen Entwicklung in der zweisprachigen Lausitz (In the Footsteps of KRABAT – Association for Regional Development in Bilingual Lusatia) (abbreviated: KRABAT e.V.).
(2) It is entered in the register of associations at the Dresden District Court under the number VR 8834 and bears the suffix “registered association” (e.V.).
(3) The association’s registered office is in 01920 Nebelschütz.
§ 2 - Purpose of the association
(1) The purpose of the association is to promote art and culture, education and training, international understanding, regional identity, and Sorbian customs by:
- supporting the promotion of Sorbian cultural heritage and the process of identification with the figure of KRABAT,
- creating and promoting a regional label “KRABAT,”
- promoting international understanding, especially in the context of EU enlargement to the east,
- promoting the Sorbian language and contacts with Slavic peoples,
- supporting a sustainable regional development process, in particular by networking local,
regional, and supraregional actors from the fields of art and culture, - education and science, as well as business and administration,
- supraregional promotion and publicizing of regional customs and traditions.
(2) The association also seeks to cooperate with other organizations through the exchange of information and ideas, and, where appropriate, through the development of joint actions and events.
§ 3 - nonprofit status
(1) The association pursues exclusively and directly charitable purposes within the meaning of the section “Tax-privileged purposes” of the German Tax Code (Abgabenordnung) in its currently valid version.
(2) The association acts altruistically; it does not primarily pursue its own economic purposes.
(3) The association’s funds may only be used for purposes in accordance with its statutes. Members do not receive any payments from the association’s funds.
(4) No person may benefit from expenses that are not related to the purpose of the association or from disproportionately high remuneration.
§ 4 - Fiscal Year
The fiscal year is the calendar year.
§ 5 - Membership
(1) Any natural person or legal entity under private or public law may become a member of the association. The declaration of membership must be made in writing. The executive committee decides on admission or rejection.
(2) Members and non-members who have rendered outstanding services to the association may be appointed honorary members. This requires a resolution by the general meeting. Honorary members are exempt from paying membership fees. Otherwise, they have the same rights and obligations as ordinary members.
(3) Membership ends:
- upon the death of the member,
- in the case of legal entities upon their dissolution,
- by written notice of resignation addressed to the Executive Board (however, this is only permissible at the end of the financial year with
one month’s notice) or - by expulsion from the association if the member intentionally acts contrary to the interests of the association or
- fails to pay their membership fees despite a reminder
§ 6 - Rights and obligations
(1) Members are entitled to participate in all events organized by the association.
(2) They also have the right to submit motions to the executive committee and the general meeting.
(3) Members must pay the membership fees decided by the general meeting on time.
(4) Each natural and legal person has one vote as a member.
(5) Insofar as personal and functional designations are not expressly mentioned in the female and male forms in these Articles of Association, the linguistic designations in the male form shall also apply mutatis mutandis to the female form.
§ 7 - Contributions and income
(1) The association charges membership fees. The amount of the fees is specified in the fee regulations, which are confirmed at the general meeting.
(2) The membership fee is payable in advance at the beginning of each fiscal year.
(3) Donations and other contributions to the association, like membership fees, may only be used for purposes specified in the articles of association.
§ 8 - Organs of the Association
(1) The organs of the association are the general meeting and the executive committee.
§ 9 - General Meeting
(1) The general meeting is the highest body of the association.
(2) The general meeting shall be convened at least once a year by the executive committee, giving two weeks‘ notice. The meeting shall be convened in writing, stating the agenda. The general meeting shall be chaired by the chairperson of the executive committee or one of its other members.
(3) The general meeting shall constitute a quorum if at least one third of all members are present. If a quorum is not present, the executive committee must convene a second meeting with the same agenda within three weeks. This meeting shall constitute a quorum regardless of the number of members present.
(4) The general meeting:
- decides on the setting of membership fees,
- elects the executive committee and the cash auditors,
- receives the Executive Board’s statement of accounts and financial report as well as the reports of the cash auditors,
- decides on the discharge of the Executive Board and the cash auditors,
- approves the budget,
- decides on the final rejection of membership applications and on the exclusion of members,
- and decides on amendments to the Articles of Association and
- passes resolutions on the dissolution of the association.
§ 10 - Executive Board
(1) The association’s executive committee consists of at least 7 and at most 9 members.
(2) It is composed of:
- a chairperson,
- a deputy chairperson,
- a treasurer,
- up to six assessors.
(3) The board is elected by list voting. The board functions are determined at the constituent board meeting. The board is elected by the general meeting for a term of 2 financial years and remains in office until the next election. If a board member resigns prematurely, the board may appoint a replacement member for the remainder of the current term of office.
(4) The executive committee decides by simple majority; in the event of a tie, the chairperson has the casting vote.
(5) The association is represented in and out of court by the chairperson of the executive committee, the deputy chairperson, and the treasurer, but always by two persons. The executive committee manages the association’s business and administers its assets.
(6) The Executive Board is only authorized to dispose of real estate and to enter into legal transactions that commit the association to more than €3,000 with the approval of a majority of the General Meeting.
(7) A resolution by circular vote of the members is permissible, even if it involves a commitment exceeding €3,000.
§ 11 - Protocols
(1) Protocols shall be taken of every general meeting and board meeting. They shall be signed by the chairperson and the secretary.
(2) Every member is entitled to inspect the protocols.
§ 12 - advisory board
The Executive Board may convene an advisory board with the approval of the General Meeting.
§ 13 - cash audit
(1) At the annual general meeting, two cash auditors, who may not be members of the executive committee, shall be elected for a term of two years.
(2) The cash auditors are responsible for checking the correctness of the accounting and the use of funds and for determining the cash balance for the past calendar year once a year.
(3) The cash auditors must inform the association members about the results of the cash audit at the general meeting.
§ 14 - Amendments to the Articles of Association, Dissolution of the Association
(1) Amendments to the Articles of Association and the dissolution of the Association may only be decided upon at a General Meeting.
(2) Amendments to the Articles of Association may only be decided upon by a two-thirds majority of the Association members present, and the dissolution of the Association may only be decided upon by a three-quarters majority.
(3) In the event that the registry court in the proceedings for the registration of the association or the tax office in the proceedings for the annotation of the association as a non-profit organization within the meaning of the German Tax Code objects to individual provisions of the Articles of Association, the Executive Board is authorized to remedy the objections by making amendments.
(4) In the event of dissolution of the association or discontinuation of tax-privileged purposes, the association’s assets shall fall to a legal entity under public law or another tax-privileged corporation for the purpose of promoting art and culture, education and training, international understanding, regional identity, and traditional customs in Lusatia.
§ 15 - Place of jurisdiction / Place of performance
The place of jurisdiction and place of performance is the registered office of the association.
§ 16 - Entry into force
The Articles of Association shall enter into force on March 19, 2001, with the amendments adopted at the founding meeting, and shall include amendments dated March 3, 2003, and November 28, 2005. With the resolution of the amendments to the Articles of Association dated February 5, 2018, the new version of the Articles of Association dated February 5, 2018, shall apply.