Statutes of the Association for the Promotion of the Artists’ and Scholars’ House of the Altmarkkreis Salzwedel e.V. (read version)
§ 1 – Name, registered office, financial year
The association bears the name “Verein zur Förderung des Künstler- und Stipendiatenhauses des Altmarkkreises Salzwedel”. It is to be entered in the register of associations at the Salzwedel district court. After registration, the name will be “Verein zur Förderung des Künstler- und Stipendiatenhaus des Altmarkkreises Salzwedel e.V”.
The association has its registered office in Salzwedel.
The financial year of the association is the calendar year.
§ 2 – Purpose and tasks
The association pursues exclusively and directly charitable purposes within the meaning of the “tax-privileged purposes” section of the German Tax Code.
The purpose of the association is to create a focal point for literature, fine arts and music and thus bring artistic life to the Hanseatic town of Salzwedel and the Altmarkkreis Salzwedel. The association wants to create a centre of attraction for visitors and residents. To this end, the association will be active in the following ways:
- Promotion of the scholarship house
- Raising funds for the financial support of the scholarship house through membership fees and donations
- Informing the public about the goals and activities of the organisation
The association is a non-profit organisation.
The association’s funds may only be used for the purposes set out in the articles of association. Members shall not receive any benefits from the association’s funds. No person may be favoured by expenses that are alien to the purpose of the association or by disproportionately high remuneration.
If the association is dissolved or cancelled or if its previous purpose ceases to exist, the assets of the association shall be transferred to the Altmarkkreis Salzwedel, which must use them directly and exclusively for charitable purposes.
§ 3 – Ordinary members
Natural and legal persons who wish to support the association in the fulfilment of its tasks can become ordinary members of the association. The Executive Board decides on admission in each case.
Ordinary membership ends upon death, expulsion or resignation from the association.
Resignation is effected by a declaration in text form to the Executive Board. Resignation can only be declared at the end of a financial year, whereby a notice period of two months must be observed.
The Executive Board decides on expulsion. Expulsion is only permissible if a member acts contrary to the tasks of the association or the resolutions of its bodies or fails to fulfil its membership fee obligation despite a reminder in text form.
§ 4 – Supporting members
Supporting members can be natural and legal persons who regularly support the association. They have the right to propose motions and speak at the General Assembly, but no voting or election rights.
Section 3 shall apply accordingly.
§ 5 – Honorary members
Persons who have rendered outstanding services to the association and the objectives it pursues can be appointed as honorary members. The appointment is made by the General Meeting on the recommendation of the Executive Board.
§ 6 – Contributions and donations
Ordinary members pay an annual fee, the minimum amount of which is determined by the General Meeting. In special cases, the Executive Board is authorised to reduce or waive the fee.
Supporting members determine the amount to be paid by themselves.
The association also endeavours to obtain cooperation, grants and donations from companies and individuals who are interested in the work of the association.
§ 7 – Organs of the Association
The bodies of the association are the Executive Board and the General Meeting.
§ 8 – The Executive Board
The Executive Board within the meaning of § 26 BGB consists of:
- the Chairman
- dThe Deputy Chairman
- the treasurer
- the secretary
- up to three further members as assessors
The Hanseatic City of Salzwedel and the Altmarkkreis Salzwedel are also members of the extended Executive Board by virtue of their office.
The Executive Board is represented externally by the Chairman and the Deputy Chairman.
In the event of the premature resignation of a member of the Executive Board, the remaining members of the Executive Board have the right to appoint a temporary representative until the next ordinary General Meeting.
§ 9 – Responsibility of the Executive Board
The Executive Board is responsible for the affairs of the Association, unless the Articles of Association assign them to another body of the Association. It has the following tasks in particular:
- Preparing and convening the General Meeting and drawing up the agenda
- Execution of resolutions of the General Meeting
- Bookkeeping, preparation of the annual report
- Resolution on the admission of members
§ 10 – Election and term of office of the Executive Board
The Executive Board is elected by the General Meeting for a period of four years from the date of election. It remains in office until a new Board of Directors is elected.
Each member of the Executive Board must be elected individually. Only members of the Association may be elected as members of the Executive Board. Upon termination of membership in the Association, the office of a member of the Executive Board also ends.
If a member of the Executive Board resigns prematurely, the General Meeting may elect a successor for the remaining term of office of the resigning member.
§ 11 – Meetings and resolutions of the Board of Directors
The Board of Directors passes resolutions at meetings convened by the Chairman or, if he is unable to do so, by the Deputy Chairman.
A notice period of one week should be observed. The agenda should be announced.
The Executive Board is quorate if more than half of its members are present.
Resolutions are passed by a majority of the valid votes cast. In the event of a tie, the Chairman has the casting vote; in his absence, the Deputy Chairman has the casting vote.
The Board of Directors may pass resolutions by telephone or in text form by way of circulation if all members of the Board of Directors agree to the subject of the resolution.
§ 12 – General Meeting
Each member has one vote at the General Meeting. Another member can be authorised in text form to exercise the voting right. The authorisation must be issued separately for each General Meeting.
The General Meeting is responsible for the following matters:
- Acceptance of the annual report of the Executive Board, discharge of the Executive Board
- Determination of membership fees
- Election and dismissal of members of the Executive Board
- Resolution on amendments to the Articles of Association and on the dissolution of the Association
- Appointment of honorary members
§ 13 – Convening of the General Meeting
The Annual General Meeting should take place at least once a year. It is convened by the Executive Board in text form with two weeks’ notice, stating the agenda. The agenda is set by the Executive Board.
Any member may apply to the Executive Board for an addition to the agenda at least one week before a General Meeting. The chairman of the meeting must announce the addition at the beginning of the General Meeting.
§ 14 – Extraordinary General Meeting
An Extraordinary General Meeting shall be convened by the Executive Board if the interests of the Association so require or if one tenth of the members so request in text form, stating the purpose or the reason.
§ 15 – Resolutions of the General Meeting
The General Meeting is chaired by the Chairman or, if he is unable to attend, by the Deputy Chairman. If no member of the Executive Board is present, the meeting shall appoint the chairperson.
The duly convened General Meeting always has a quorum. Resolutions are passed by a majority of the members present. A proxy vote in text form, which must not be older than two weeks, is permitted. Amendments to the Articles of Association require a majority of three quarters of the validly voting members present.
In elections, the person who has received more than half of the votes cast is elected. Invalid votes are deemed not to have been cast. If no one has received more than half of the votes cast, a run-off election is held between the two candidates who have received the most votes. The candidate who receives the most votes is then elected. In the event of a tie, the Chairman of the General Meeting shall draw lots to decide.
Minutes must be taken of the resolutions of the General Meeting, which must be signed by the respective secretary and chairman.
§ 16 – Duties of the treasurer
The treasurer manages the association’s treasury and accounting.
He must prepare the cash report at the end of the financial year.
§ 17 – Audit of accounts
The audit is carried out for the financial year by two auditors appointed by the General Meeting. The audit takes place at least two weeks before the General Meeting.
§18 – Dissolution of the Association
The dissolution of the association can only be decided at a general meeting with a majority of nine tenths of the valid votes cast. Unless the General Meeting decides otherwise, the Chairman and the Deputy Chairman are jointly authorised liquidators. The assets available at the end of the liquidation shall revert to the Altmarkkreis Salzwedel in accordance with § 2 Para. 5.
The above provisions shall apply accordingly if the Association is dissolved for any other reason or loses its legal capacity.
§19 – Entry into force
The Articles of Association enter into force upon entry in the register of associations on 3 July 2023.
Gender clause: For reasons of better readability, the simultaneous use of the language forms male, female and diverse (m/f/d) has been omitted. However, the personal formulations used in these Articles of Association are to be understood as gender-neutral and apply equally to all genders.