Statute for „Arbor vitae for Armenia, registered association“
as of 22nd june 2010
§ 1 Name and headquarter of the association, financial year
(1) The name of the association is „LEBENSBAUM für Armenien (ARBOR VITAE for Armenia).“ It shall be registered in the association register. After the registration the association the supplement “e.V. (i.e. registered association)”.
(2) It is based in Seevetal / Hittfeld (Germany).
(3) The financial year is the calendar year.
§ 2 Purpose and duties of the association
(1) Purpose of the association is the acqusition of financial and material donations for a long-term promotion and support of projects, which are beneficial for the poor armenian people, especially on the country-side and which are suitable to bring ahead the economical, social and ecological development of Armenia in terms of “helping to help oneself (aid for self-help)”
(2) The purpose of the association will be realized especially by:- Encourage education and training of Armenian farmers and their families, e.g. construction and maintenance of school-buildings and institutions for professional qualification.
- Awareness of environmental protection
- Support for scientific projects in agriculture including projects for cultivation of plants and raising new plants, which help to protect the environment and to use the landscape in
- Encouraging help for self-aid to assure life-conditions for the Armenian farmers, e.g. by taking measures to realize ecological agriculture, protection of the landscape and to use resources like power and water in an effective way.
- Support of the poor, ill and handicapped people in Armenia, i.e. people in need due to their physical, spiritual or mental state, e.g. by the construction and maintenance of holiday homes for teenager or elderly people.
- Support and assistance for existing public or social institutions (e.g. schools, hospitals, homes for elderly people etc.) to improve training and life conditions of people in need.
Purpose of the associations is especially to generate the financial means and the administration of funds to fulfil its statutory obligations.
§ 2 public welfare / for the public benefit
(1) The association realizes without any own interest exclusively and directly purposes for the public benefit or with charitable background and not in the first place own economic activities according to the “tax-privileged purposes”-regulations of the German tax law.
(2) The funds of the association should be used for statutory purposes only.
Earnings can be retained as other reserves, as it is allowed by the tax regulations for public welfare.
(3) Members don’t get any benefits from the funds of the association. If they leave the association or in case of liquidation or termination of the association members will get no share of the statutory funds.
(4) No person shall benefit by refund of expenses, which are not covered by the association’s purposes nor by excessive high remuneration or allowances for expenses.
§ 3 Membership, membership fee
(1) Membership can be given after written application to any individual with full legal capacity or any legal entity that is willing to support the goals of the association. The board of directors will decide about the admission of new members. The membership is effective with the payment of the annual membership fee.
(2) The refusal of the application as a member cannot be contested and reasons must not be given.
(3) Every year each member is obliged to pay the membership fee. The general meeting is voting on the amount and the due date of the annual fee. Details are fixed in the contributions regulation.
(4) The board of directors can propose to the general meeting, that deserving supporters of the association can be admitted as honorary members for life.
§ 4 Termination of the membership
(1) Membership can be finished by leaving on a voluntary basis, expulsion or death.
(2) For leaving the association, the member has to send a written declaration to the management board (board of directors) with a notice of one month to the end of the calendar year.
(3) A member can be expelled immediately from the association
- if it is offending against the interests of the association in a gross / rough manner or if there is another reason of importance
- an important reason is given too, if the annual membership fee is overdue despite a reminder.
In the case of expulsion the management board (board of directors) decides with simple majority. The decision has been given to the member by written notification, who can declare its opposition within one month. The general meeting hat to vote about the opposition with simple majority.
§ 5 Rights and obligations of the members
- Every member has the right to actively support and realize the goals and duties of the association and to take part in the common events / meetings. In the general meeting every member has the same rights to vote and to be elected.
- Every member has the obligation, to support the interests and duties of the association, i.e. to pay regularly the membership fee and to support actively the projects and the work of the association to the best of its ability.
§ 6 Contribution fee
- All members of the association have to pay their contribution fee. The general meeting ist voting on the amount and the way of payment of the fee.
- The Contribution fee is due at the beginning of each financial year.
- Honorary members are exempt from paying the contribution fee.
§ 7 Organs of the association
The organs of the association are the general meeting and the management board (board of directors).
§ 8 The management board
(1) The management board (board of directors) has to represent the association according to § 26 BGB (German Civil Law) and to manage it. He has to fulfil the following duties:
a) calling and preparation of the general meeting including the agenda.
b) execution of the decisions of the general meeting,
c) management of the funds and preparing the annual report.
d) admission of new members.
(2) The management board (board of directors) consists of the chairman, the vice-chairman and the treasurer.
(3) The chairman is representing the association alone. In other cases the association will be represented by two members of the management board. (board of directors). (by two board members).
(4) Members of the management board are elected for three years by the general meeting. Only members of the association can be members of the management board. With the end of the membership the duties as a member of the management board are ending as well. Re-election and relieve a board member from office before the regular term can be decided by the general meeting. After the term in office is over the board member is staying in office until the successor is elected.
(5) The management board meets if required. The board meetings are called up by the chairman, in case of absence by the vice-chairman. A notice of one week shall be kept when calling a meeting. A quorum is constituted if at least two members of the board are present.
Decisions are made with the majority of the valid votes. In the event of a tie, the chairman has a breaking vote, in case of his absence the vice-chairman.
(6) Decisions of the management board can be made as well by circulation procedure, if they are urgent or if not all board members are able to attend the meeting.
(7) Decisions of the management board have to be recorded. The minutes have to be signed by the keeper of the minutes and the chairman, in case of his absence the minutes shall be signed by the vice-chairman or another board-member.
§ 9 General meeting
(1) The general meeting has the right to decide in the following affairs (to vote on the following issues):
a) amendments of the association’s statute,
b) dissolution of the association,
c) admission of new members; in the case of § 3 No. 2 phrase 3 the appointment of honorary members and the expulsion of members from the association,
d) election and relieve of board members from office,
e) to accept the annual report and to give members of the management board a release,
f) to fix the admission fee and the annual contribution fees.
(2) At least once a year, if possible in the first quarter of the year, a general meeting has to be called by the management board. The calling shall be done by written invitation with a notice of three weeks and with declaration of the agenda.
(3) The agenda is fixed by the management board. Every member of the association has the right to write to the management board up to one week before the general meeting at the latest and bring up an additional subject for the agenda. The management board decides on the motion. If a motion for the agenda has not been accepted by the management board or if a motion comes up in a general meeting for the first time, the general meeting has to vote on it with simple majority of the present members; this is not valid for motions, which subjects are the amendment of the statutes, the dissolution of the association or the modification of the contribution fees.
(4) The management board has to call an extraordinary general meeting, if it is in the association’s best interest or if a quarter of its members apply for it giving a written statement of the purpose and the reasons. If the circumstances allow it, for the invitation a two weeks-period shall be kept and the agenda shall be announced with the letter of invitation.
(5) The general meeting is chaired by the chairman of the management board, in case of his absence by the vice-chairman; in case of his absence by a member that is elected by the general meeting.
(6) To constitute a quorum, at least one third of all members have to attain the general meeting. If there is no quorum, the management board is obliged to call a second general meeting with the same agenda within four weeks time. This general meeting constitutes a quorum without regard to the present members. This has to be emphasized in the invitation.
(7) The general meeting is votes openly with the majority of the votes of the present members. If no candidate can win in an election the majority of votes of the present members, the candidate is elected who has received the majority of the valid votes; between several candidates the shall be a second ballot. Abstention from voting is regarded as a invalid (spoilt) vote. Resolutions on an amendment of the statutes are valid only with a majority of three quarters, the resolution about the dissolution of the association has to be accepted by nine tenth of the present members.
(8) A record has to be made about the course of the general meeting and the resolutions. It has to be signed by the keeper of the minutes and the chairman of the general meeting.
§ 10 Dissolution of the association, other reasons for finishing the activities, cancelling of tax-privileged purposes
(1) In case of the association’s dissolution the chairman and the vice-chairman together are the representatives during the liquidation as long as the general meeting has not elected other persons to do it.
(2) In case of the dissolution or termination of the association or if tax-privileged purposes have been cancelled, the assets of the association will be transferred to the community Seevetal, which has to use the assets directly and exclusively only for the public benefit.
(3) The above mentioned provisions shall be valid as well, if the association will be dissolved because of other reasons or if it will loose it’s capacity as a legal entity.
These articles were accepted unanimously by the initial general meeting.
Hittfeld, …
Signatures of the founding members:
