THE STATUTES OF THE ASSOCIATION
Statutes of the Frankfurt-Berlin Airlift Association 1948-1949 eV
§ 1 Name, registered office, registration, financial year
(1) The association is called "LUFTBRÜCKE Frankfurt-Berlin 1948-1949", hereinafter referred to as the "association". The association is to be entered in the register of associations of the local court of Frankfurt am Main - registration court - and is then to have the additional name "eV". (2) The registered office of the association is 60549 Frankfurt am Main. (3) The association was founded on March 21, 2009. (4) The association's financial year is the calendar year. (5) The association exclusively and directly pursues non-profit purposes within the meaning of the section "Tax-privileged purposes" of the German Fiscal Code.
§ 2 Purpose of the Association
The purpose of the association is:
(1) the promotion of international understanding
(2) the promotion of art and culture
(3) the promotion of monument protection and preservation
(4) the promotion of education The purpose of the statutes is achieved in particular by: (1) - the cultivation and expansion of friendships between Americans, Britons and French with us Germans - the support of the heroes of the past through letters, telephone calls and visits - the communication with their relatives and the surviving dependants of veterans - the assistance and organization of "open days" at Allied bases (2) - the cultivation of historical material - the publication and issuing of literature about the 1948-1949 airlift - the assistance in the construction of new airlift museums - the cooperation in educational institutions in order to understand the 1948-49 airlift and not to forget it - the creation of an interesting and informative website for our association (3) - the assistance in the care and maintenance of memorials and monuments - the cooperation in existing Allied and airlift museums - the collection of historical material to support the museums - the cooperation with associations that have our and similar goals (4) -supporting history lessons in educational institutions-publishing brochures, “open days” and events about the airlift-providing further education in the field of “Airlift 1948-1949”.
We founded the association at the airlift launch site. From 1948 to 1949, many people helped the city of Berlin survive with their selfless commitment and unparalleled help, thereby making an important contribution to peace. That is how enemies became friends. Even after 60 years, the association wants to continue to commemorate this historic time at the airlift memorials in Frankfurt and Berlin and, for example, to thank and commemorate the many heroes of that time with wreath-laying ceremonies and events. We want to remind younger generations of this selfless help of all those involved and not let them forget it. The ceremonial events at the Frankfurt and Berlin airlift memorials in June 2008 were exemplary in this regard.
§ 3 Selflessness
The corporation operates selflessly; it does not primarily pursue its own economic interests. The corporation's funds may only be used for the statutory purposes. The members do not receive any donations from the corporation's funds. No person may be favored through expenditure that is unrelated to the corporation's purpose or through disproportionately high remuneration.
§ 4 Membership
(1) Any natural (or legal) person can become a member of the association. (2) The board decides on the application for membership of the association. (3) The association consists of active members, supporting members and honorary members. (4) Any natural person who wishes to actively participate in the association or in a project it supports can become an active member. Any natural or legal person who is not actively involved but who wishes to promote and support the goals and purpose of the association can become a supporting member. (5) Natural persons who have made a special contribution to the association or its cause can be appointed honorary members. A resolution of the general meeting is required for this.
§ 5 Rights and obligations of members
(1) Members are entitled to take part in all events offered by the association. They also have the right to submit proposals to the board and the general meeting. (2) Members are obliged to support the association and its purpose in an orderly manner - also in public - and to pay the contributions due in accordance with the current membership fee regulations on time. They are also obliged to inform the association immediately of any changes to their postal address. The member is liable for any consequences arising from the member's failure to comply with this obligation and releases the association from any liability. (3) Active members have the right to vote and to stand for election as well as the right to submit proposals, to vote and to speak at general meetings. (4) Supporting members have the right to speak and submit proposals at meetings, but no right to vote or to elect. (5) Honorary members are exempt from paying contributions and otherwise have the same rights and obligations as active members.
§ 6 Start and end of membership
(1) Membership must be applied for in writing to the board. The board decides on the application for membership by a simple majority. The board is not obliged to inform the applicant of the reasons for rejection. The rejected applicant can call on the general meeting to make a final decision on his or her membership application. (2) Membership ends through voluntary resignation, exclusion, death of the member or loss of legal capacity in the case of legal entities. (3) Voluntary resignation of a member is only possible at the end of the year. This is done by written declaration to the chairman with a notice period of 3 months. (5) A member can be removed from the list of members by resolution of the board if he or she remains in arrears with the payment of the membership fee for 6 months despite a reminder. The member must be informed of the removal. (6) A member can be excluded for important reasons or in the event of a gross violation of the goals and interests of the association on the proposal of the board by resolution of the general meeting with a 2/3 majority of the members present. The decision on exclusion must be communicated to the member in writing. (7) Before a member is removed from the membership list or excluded, the member has the right to be heard. (8) If membership is terminated, regardless of the reason, all claims arising from membership expire. A refund of contributions, donations or other support services is generally excluded. The association's claim for outstanding contributions remains unaffected.
§7 Membership fees
Members pay contributions in accordance with a resolution of the general meeting. A simple majority of the voting members present at the general meeting is required to determine the amount of the contribution and the due date.
§8 Bodies of the Association
Organs of the association are a) the general meeting b) the board
§9 General Meeting
(1) The highest body of the association is the general meeting. The general meeting must decide on fundamental questions and matters relating to the association. Its main tasks are: * To elect the board and the auditor, * To decide on the statutes, changes to the statutes and the dissolution of the association, * To receive and discuss the annual reports, * To discharge the board and the treasurer, * To discuss and decide on pending applications, * To approve all rules of procedure for the association, * To decide on the membership fee regulations, * To decide on the taking out of loans of EUR 10,000.00 or more. (2) The general meeting must be convened by the board once a year. It must be in the first half of the year. For elections, changes to the statutes and changes to the membership fee regulations, members must be given the opportunity to vote remotely. The documents for this remote voting must be sent out at the latest 2 weeks before the meeting at the request of the member. (3) The general meeting is convened in writing, by letter, fax or email, by the secretary, with a notice period of at least 3 weeks and simultaneous announcement of the agenda. The period begins on the day following the dispatch of the invitation letter. The invitation letter is deemed to have been received by the member if it is addressed to the last postal address, fax number or email address provided by the member. Addition: A list of suggestions with changes to the statutes and candidates for the board election will be sent to each member entitled to vote by email, fax or letter at least 6 weeks before the date of the annual general meeting. Each member entitled to vote then has the opportunity to add further motions and suggestions and to return the list within 10 days. These deadlines must be observed for the timely preparation of all invitation documents (agenda, list of candidates, etc.), which must be sent at least 3 weeks before the meeting. It follows that applications for changes to the statutes and proposals for candidates for the board election cannot be submitted at the annual general meeting or members' meeting. (3a) An extraordinary general meeting must be called if the interests of the association require it or if 60% of the association's members request it in writing, stating the purpose and reasons. (4) Every general meeting called in accordance with the statutes is recognized as having a quorum, regardless of the number of association members present. Each member has one vote. Members who are unable to attend can be represented by other members; a written power of attorney is required for this. Each member can represent a maximum of one member. (5) The general meeting passes its resolutions by simple majority. In the event of a tie, a motion is deemed to be rejected. (6) Minutes must be kept of the course of the general meeting and of the resolutions passed, signed by one board member and one member. (7) In particular, the annual accounts and the annual report must be submitted in writing to the general meeting for the purpose of deciding on the approval and discharge of the board. It appoints an auditor who is neither a member of the board nor a committee appointed by the board, nor may he be an employee of the association. The auditor checks the correctness of the bookkeeping, including the annual financial statements, and the use of funds in accordance with the statutes. In addition, the final statement must certify that the willingness to pay was present during the reporting period and that there was no over-indebtedness. All members of the board receive a written audit report. The auditor must report the results to the general meeting.
§10 The Board
(1) The board consists of 8 members. It represents the association in court and out of court. Legal representatives within the meaning of Section 26 of the German Civil Code (BGB) are 2 members of the executive board together. (2) The board is elected by the general meeting for a period of 2 years. Board members can be re-elected. The chairman is appointed by the general meeting in a special ballot. The board members in office remain in office after their term of office has expired until successors are elected. (3) The board is responsible for managing the day-to-day business of the association. The board can appoint a managing director to handle day-to-day administrative business. His powers and duties are to be defined by contract, service instructions or job description. The managing director is entitled to attend board meetings in an advisory capacity. (4) Board meetings take place at least twice a year. Invitations to board meetings are sent in writing by the secretary with a notice period of at least 14 days. (5) The board makes its decisions by simple majority. The assessors have voting rights. The board has a quorum if at least half of its members are present or agree in writing. In the event of a tie, the chairman's vote decides. (6) In urgent cases, board resolutions can also be made in writing or by telephone if all board members declare their consent to this procedure in writing or by telephone. Board resolutions made in writing or by telephone must be recorded in writing and signed by the board members. (7) 1.Association offices are generally held on a voluntary basis. 2.If necessary and taking into account the economic circumstances and the budget situation, the board can decide that association offices are to be held on a paid basis on the basis of an employment contract or against payment of a flat-rate expense allowance. The board is responsible for deciding on the start, content and end of the contract in accordance with Section 26 of the German Civil Code (BGB). 3.If necessary and taking into account the economic circumstances and the budget situation, the board can award contracts for activities for the association to third parties in return for appropriate remuneration or fees. 4. In order to carry out management tasks and to run the office, the board is authorized to employ full-time employees for administration within the framework of budgetary activities. The president has the authority to give directions under labor law. 5. In addition, the members and employees of the association are entitled to reimbursement of expenses in accordance with Section 570 of the German Civil Code (BGB) for expenses incurred by them through their work for the association. This includes in particular travel expenses, postage, telephone and copying and printing costs. Members and employees must observe the principle of frugality. The board can set flat-rate expenses by resolution within the framework of tax possibilities. 6. The claim for reimbursement of expenses can only be asserted within a period of 3 months after it arises. Reimbursements will only be granted if the expenses are proven with verifiable receipts and statements. 7. Further details are regulated by the association's financial regulations, which are issued and amended by the general meeting.
§ 11 Amendment of the Articles of Association
(1) A 3/4 majority of the club members present is required for changes to the statutes. Changes to the statutes can only be voted on at the general meeting if this item on the agenda was already mentioned in the invitation to the general meeting and both the current and the proposed new text of the statutes were included in the invitation. (2) The board can make changes to the statutes on its own initiative if they are required by supervisory, judicial or financial authorities for formal reasons. These changes to the statutes must be communicated to all club members in writing as soon as possible.
§ 12 Certification of resolutions
(1) The resolutions passed at general meetings and board meetings shall be recorded in writing and signed by the board.
§ 13 Dissolution of the association and asset binding
(1) A 3/4 majority of the members present at the general meeting is required for the resolution to dissolve the association. The resolution can only be passed after timely announcement in the invitation to the general meeting. (2) If the association is dissolved or abolished or if the tax-privileged purpose ceases to exist, the association's assets will pass to CARE Deutschland-Luxemburg eV, which must use them directly and exclusively for charitable purposes. (3) If the association is dissolved, the association's board of directors will comply with its legal obligation to notify the responsible local court and the responsible tax office.
Frankfurt, 21.03.2014