Please note that this translation is only to be understood as an aid for those persons who do not speak German well enough to read the German original. Therefore, it is not legally binding. If you have specific questions about parts of the text or even suggestions for a better translation, please do not hesitate to send a mail to: eickbusch@aaa.uni-siegen.de.

 

 

» Statutes of the German-American Association Siegerland-Wittgenstein « 

§ 1 Name, seat and business year

(1)   The Association’s name is “German-American Association Siegerland-Wittgenstein” with the addendum of “e. V.”  (registered society) after its registration.

(2)   The association has its seat in Siegen. It is registered in the register of membership corporations of the low district court in Siegen.

(3)   The business year coincides with the calendar year.

§ 2  Purpose and assignments

(1)   The purpose of the association is the promotion of cultural aims, the promotion of education in general, popular and vocational education, as well as the promotion of science.

(2)   The association serves the communication between Germans and Americans especially by idealistic and material promotion of the partnerships of the district, of the towns and municipalities, the foreign relations of the university of Siegen, the schools, associations and organisations in the  district of Siegen-Wittgenstein with the corresponding institutions in the USA.

The revival and cultivation of historical relations to the emigration areas of inhabitants from Siegen and Wittgenstein in the USA are one special aspect in this connection.

(3)   The association intends to advance the mutual understanding and the lasting friendship between Germans and Americans, as well as to remove existing and emerging prejudices and contribute to a mutual goodwill and co-operation of both countries and their people. Moreover, the association’s purpose is to deepen the understanding of the ideals, cultures and languages of both countries and inform about the social, political, economic and cultural entities and institutions of both nations. Besides, its aim is to cultivate and promote the use of the English and German language for mutual understanding.

Priority is given to:

1.      supporting and promoting visits of inhabitants of the towns and municipalities of the district of Siegen-Wittgenstein and the USA, especially through

-          the accommodation and looking after of foreign visitors

-          the organisation of visits from the district to the partner regions and towns in the USA,

2.      establishing partnerships and exchange relations between educational institutions like schools and universities (exchanges of students but also those of teachers and lecturers), associations and organisations of the district, the towns and municipalities,

3.      organising and promoting the cultural exchange through mutual exhibitions, theatre and music performances and further mutual events,

4.      arousing and intensifying the mutual understanding of the inhabitants of the regions, towns and municipalities taking part through an exchange of information and materials

5.      promoting official visits between representatives of the districts, towns and municipalities. That can, but need not exclusively, be representatives of the district assemblies, the town council assemblies and administrations as well as representatives of the public authorities, universities, schools, companies, associations, etc. As a rule, the travelling expenses are to be paid by the participants.

(4)   The basis of the international understanding is a well-founded knowledge of one’s own home country, its culture and history as well as of the home country of the foreign partner and its cultural, historical and political backgrounds. Therefore the association promotes education, especially the knowledge of art, culture, history, economic development, etc.

The association is endeavouring to found and maintain contacts to other organisations pursuing similar objectives.

§ 3 Public utility and finances

(1)   The association exclusively and directly pursues purposes of public utility in the sense of chapter “Purposes with Tax Preferences” of the Tax Act. An economic business year is not to be run.

(2)   The association is non-profit and exclusively pursues non-profit aims.

(3)   Assets of the association are only to be used for purposes conforming to the statutes. Members shall not receive grants from the association’s funds. No person shall be favoured by any expenditure contradictory to the purposes of the association or by any unreasonably high compensation. Members holding an office are honorary members.

(4)   Every decision on amendments of the statutes concerning questions of public utility shall be presented to the revenue office at the register court before being registered.

(5)   The assets of the association are

a)      membership dues

b)      payments under public law as well as those of the district, the towns and municipalities in the district of Siegen-Wittgenstein

c)      revenues from events

d)     donations and subscriptions of promotion

(6)   membership dues

The members have to pay the dues as determined by the membership meeting. Honorary members are exempt from paying dues.

§ 4 Membership

(1)   Conditions, rights and duties:

Membership is open to natural persons, associations, legal entities and corporations under public law.

Members are obliged to promote the purposes of the association, to participate in fulfilling its assignments and to pay the determined dues not later than February, 15th of the business year.

The members of the association have the right to join the association unrestrictedly and enrich the association by proposals and further contributions.

The membership meeting may appoint members who have made a significant contribution to the association as honorary members.

(2)   Admission

Membership is to be applied by a written application for membership.

The board decides on the admission by vote with simple majority.

Membership starts with the confirmation of the board as well as the payment of the annual dues.

(3)   Resignation

A volunteer resignation is possible. The board shall be informed of it in writing within a three-months period until the end of the year. There is no claim for a share of the association’s assets.

Apart from that, membership will terminate through death and with regard to legal entities, by the loss of the legal status, respectively by dissolution.

(4)   Exclusion of members

Membership ends when a member is in arrears with two annual dues.

Members endangering the reputation or the purposes of the association can be excluded by the board with the majority of the board members. The decision of the board shall be justified and told to the members in writing. Within thirty days the member has the opportunity to inform the membership meeting that finally decides on the exclusion at the following regular meeting with simple majority.

§ 5 Organs

(1)   Organs of the association are

a)      the membership meeting

b)      the board

c)      a board of trustees

§ 6 Membership meeting

(1)   The membership meeting assembles at least once a year. The members shall be invited three weeks in advance and in writing by the chairman, in case he/she should be unable to do so, by the vice-chairman. The invitation shall contain the agenda.

The membership meeting constitutes a quorum regardless of the number of members present, in case the invitation is written according to the statutes and contains a hint to this rule.

Each member has one vote.

(2)   The membership meeting decides on all important questions, especially on

a)      the amendments of the statutes

amendments of the statutes require a three fourths majority of the members present. If a member is absent he/she has the chance to give their vote concerning the amendments of the statutes on time and in writing.

b)      the acceptance of the annual reports of the board and the auditor

c)      easing the burden of the board

d)     the election of the board and the auditors

e)      the consultation and passing of resolution on the annual program presented by the board and the budget for the next business year

f)       the determination of the membership dues

g)      awarding honorary membership

(3)   The membership meeting is being presided by the chairman, in case he /she should be unable to attend, by the vice-chairman.

(4)   With the majority of members the board has the opportunity to convoke a further or special membership meeting. Besides, a special membership meeting can be convoked by application if one fourth of the members demand the convocation in writing and by stating reasons.

(5)   The chairman shall receive applications for the membership meeting not later than one  week before the meeting.

(6)   Minutes of the proceedings of each meeting are to be taken and shall be signed by the board of the meeting and the secretary.

§ 7 Board

(1)   The board consists of

-          the chairman

-          the vice-chairman

-          the treasurer

-          the secretary

-          up to five further members

(2)   The chairman, the vice-chairman and the treasurer form the executive board according to § 26 BGB (Civil Code). Two members each of the executive board represent the association together towards third persons.

(3)   The activities of the board are honorary services. Expenses such as portage, phone or travel expenses can be refunded.

(4)   The term of office of the board shall be three years.

After the end of the term of office the board keeps the office until a new board will be elected.

If an officer resigns or dies in office a special election for the rest of the term of office shall take place in the following membership meeting. The board can decide whether the free position is to be appointed provisionally up to the special election.

§ 8 Assignments of the board

(1)   The board’s assignments are those which are not reserved in the statutes of the membership meeting. These assignments are especially

-          the management of the association, the co-ordination of activities of the association, especially those which serve the fulfilment of the association’s purpose through preparation and realisation of an annual program with presentations and discussions on the social, political, economic and cultural development in the USA and transatlantic topics, as well as exhibitions, excursions, preparation seminars for a stay in the USA, but also the co-ordination of programs for visitors from the USA in Siegen –Wittgenstein,

-          active contacts to the US partnership organisations, to American institutions in Germany and to Americans in the district of Siegen-Wittgenstein

-          the enlistment of members and the decision on membership applications

-          the preparation and convocation, as well as the realisation of the resolutions of the membership meeting

(2)   The board assembles at least twice a year. The invitation to the assembly containing the agenda is to be sent out 14 days before the meeting by the chairman, in case he/she is unable to do it by the vice-chairman.

A meeting of the board has to be convoked when at least one third of the board members apply for the convocation in writing.

(3)   The board passes resolutions with a simple majority. In case of a parity of votes the vote of the chairman, in case he/she is unable to attend of the vice-chairman, is decisive.

(4)   The minutes of each meeting of the board are to be taken, signed by the secretary and sent to all board members.

§ 9 Board of trustees

(1)   The board of trustees advises the board with regard to activities of the association. It promotes the purposes of the association and supports enlisting members and public relations, as well as the annual programs.

(2)   On the basis of their own suggestion, the suggestion of the membership meeting or that of a single member, the board calls up to 15 persons of the public life as members of the board of trustees for a period of  three years.

(3)   The activities of the board of trustees are honorary services. Expenses for the association can be refunded.

§ 10 dissolution of the association

(1)   The association may be dissolved only by a membership meeting expressly convoked for that purpose and with a three-fourths majority.

If the membership meeting does not constitute a  quorum it will be convoked again within one month with the same agenda. This second membership meeting constitutes a quorum regardless of the number of members attending. The members are to be informed of this rule in the invitation. The resolution of the dissolution requires a three-fourths majority of the members present.

(2)   In case of dissolution of the association, in case of a denial of legal capacities or in case of  cancellation of its purpose, the assets of the association devolve upon the district of Siegen-Wittgenstein that shall use it exclusively for purposes of common utility which are in accordance with the purposes of the association.

Decisions concerning such use can be executed only after the consent of the pertinent  tax authorities has been obtained.

Resolution of the membership meeting in Siegen, 2004-04-19