Association statutes

Version from 07 August 2022

§ 1 - Name, Seat, Financial Year

1. The name of the association shall be "Ben hilft ...! It shall be entered in the register of associations and thereafter bear the suffix "e.V.".
2. The association has its seat in Munich.
3. The financial year of the Association shall be the calendar year.

§ 2 - Purpose of the Association

1. The aim of the association is to provide uncomplicated, voluntary and rapid help to animals and people in need all over the world.
   
2. The purpose of the association is:
   • the promotion of animal welfare and the care of disadvantaged or distressed animals.
   • the promotion of aid for the civilian disabled, the politically, racially or religiously persecuted - in particular for refugees, displaced persons, war victims, war survivors.
   • direct, exclusively selfless support of needy people who are dependent on help from third parties due to their physical, mental or emotional condition (charity).
   • Support for victims of natural disasters and similar occasions (charity).
     
3. The purpose of the statutes is realised in particular by:
   • Representation and promotion of the idea of animal protection and the understanding of the public for the nature and welfare of animals, as well as the implementation of events and other measures that serve this purpose.
   • Prevention of cruelty to animals or animal abuse and misuse.
   • Cooperation with authorities as well as other reputable animal welfare organisations.
   • Providing for animals in need at home and abroad through food deliveries and distribution.
   • the rescue and placement of needy, abandoned and animals threatened with killing, especially from war zones, killing stations or animal shelters.
   • Mediation of help for refugees with integration in the EU (accommodation, language acquisition, education, communication with authorities as well as things for daily needs).
   • Organisation and implementation of aid transports for refugees on their escape routes.
   • Organisation and implementation of relief operations in the crisis areas and their neighbouring countries.
   • Training and promotion of voluntary work for refugees and also of refugees (promotion of civic engagement).

§ 3 - Non-profit status

1. The association is selflessly active and does not primarily pursue its own economic purposes. The association exclusively and directly pursues non-profit and charitable purposes within the meaning of the section "tax-privileged purposes" of the German Tax Code in its currently valid version.
2. 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 funds of the Association.
3. No person may be favoured by expenses that are alien to the purpose of the association or by disproportionately high remuneration.
4. Members of the Association shall not receive any shares of the Association's assets upon resignation or upon dissolution or annulment of the Association.
5. The association may raise funds for other tax-privileged corporations or pass them on to them, provided that they themselves pursue one or more of the aforementioned tax-privileged purposes and use them exclusively for these tax-privileged purposes.

§ 4 - Membership

1. Any (natural) person may become a member of the association.
2. A prospective member may submit a request for admission in writing to the Executive Committee.
3. The Executive Committee decides on the application for membership at its own discretion. It does not have to give reasons to the applicant if the application is rejected.
4. Members shall pay membership fees. The amount and due date of the membership fees shall be determined by the General Assembly. Payment of these amounts may be made by individual transfer, standing order or SEPA direct debit. The payment of membership fees may be waived for good cause, which shall be decided by the General Assembly.
5. Membership ends by death, resignation, dissolution of the association or exclusion.
6. Written notice of resignation must be given to the Executive Board with one month's notice to the end of the quarter.
7. Expulsion from the association can only take place for good cause. An important reason is given in particular if the member violates the interests of the association to a not inconsiderable extent.
8. A resolution of the general meeting is required for exclusion for good cause, whereby 3/4 of the members present must agree to this exclusion in the general meeting. Prior to the decision on the exclusion, the member shall be given the opportunity to comment on the allegations made.

§ 5 - Rights and duties of the members

1. Every member has the right to use the facilities of the association and to participate in common events. Every member has equal voting and election rights in the general meeting.
2. Every member has the duty to promote the interests of the association, in particular to pay his membership fees regularly and, as far as he is able, to support the life of the association by his cooperation.

§ 6 - Sponsors

1. Sponsors can be natural persons or legal entities.
2. Patrons are not members of the association, but have the right to make suggestions about the association's activities and to receive information, especially about the use of patronage contributions. They receive information about the development and work of the association at regular intervals.
3. Anyone who is committed to the purpose of the association and makes a regular contribution can become a sponsor. Each supporter decides on the amount of the contribution. The General Assembly may set a minimum contribution.
4. An application for sustaining membership shall be made in writing to the Executive Committee.
5. The Executive Committee decides on the application for membership at its own discretion. It does not have to give reasons to the applicant if the application is rejected.

§ 7 - Organs of the Association

1. The organs of the association are the general meeting and the board of directors.

§ 8 - General Assembly

1. The general meeting is the decisive decision-making body of the association, unless the executive committee is responsible.
2. The general meeting shall be convened at least once a year. Extraordinary General Meetings shall be convened if the interests of the Association so require or if the convening is requested in writing by at least 1/4 of the members entitled to vote, stating the reasons.
3. Any General Meeting duly convened shall constitute a quorum.
4. The General Assembly shall be convened in writing (by post or by e-mail) by the Executive Committee with a notice period of 2 weeks and simultaneous announcement of the items on the agenda. Deficiencies in the summons may be remedied by the admission without complaint of all members to be summoned.
5. The general meeting may also be held by way of electronic communication (e.g. by telephone or video conference) or in a mixed meeting of those present and video conference/other media/telephone. The Executive Committee shall decide whether the General Assembly shall be held in a meeting or by way of electronic communication or in a mixed meeting of those present and video conference/other media/telephone.
6. Each member may submit additional agenda items in writing to the Executive Committee no later than one week before the General Assembly. The agenda shall be supplemented at the beginning of the meeting by the items subsequently submitted within the aforementioned period. The General Assembly shall decide on motions for additions to the agenda which are not submitted until the General Assembly. The agenda shall be supplemented by the Executive Board accordingly if at least 1/4 of the members entitled to vote agree to the supplement.
7. The General Assembly shall pass its resolutions by a simple majority of the participating members, unless the law or these Statutes provide otherwise in individual cases.
8. The annual accounts and the annual report shall be submitted to the general meeting for a resolution on the discharge of the board.
9. Minutes shall be taken of the resolutions of the general meeting and shall be signed by the chairperson and the secretary elected by the meeting.

§ 9 - Executive Board

1. The Executive Committee in the sense of § 26 BGB represents the Association internally and externally and consists of three members:
   • The 1st Chairperson
   • The 2nd Chairperson
   • Of the Treasurer(s)
2. Each member of the Board of Directors shall have sole power of representation.
3. The individual power of representation includes a maximum amount of up to EUR 3,000 in external relations. For legal transactions exceeding 3,000 EUR, the resolution of the Board is required, for contracts with a longer term than 6 months as well as those leading to an underbalance, a resolution of the General Assembly is required.
   The members of the Executive Committee shall only be liable in the event of a grossly negligent or intentional breach of duty. Otherwise, their liability towards the association and its members is excluded.

§ 10 Consultation and decision-making of the Executive Board

1. The Board of Directors shall meet as required.
2. The meetings shall be convened by the Chairperson or, if he/she is prevented from doing so, by his/her deputy. A notice period of one week shall be observed.
3. The Executive Committee has a quorum if at least two members are present. Resolutions shall be passed by a majority of the valid votes cast. In the event of a tie, the Chairperson shall have the casting vote or, if the Chairperson is unable to attend, the Vice-Chairperson shall have the casting vote.
4. The resolutions of the Executive Committee shall be recorded in the minutes. The minutes shall be signed by the keeper of the minutes and by the chairperson or, if the chairperson is prevented from doing so, by the deputy chairperson or another member of the executive committee.

§ 11 - Duties of the Executive Board

1. The Executive Board of the Association shall be responsible for representing the Association in accordance with § 26 BGB and for managing its business.
2. In particular, it shall have the following tasks:
   • the convening and preparation of general meetings including the setting of the agenda,
   • the execution of resolutions of the General Assembly,
   • the administration of the Association's assets and the preparation of the annual report,
   • the admission of new members.
3. The Board of Directors works on an honorary basis. No expense allowance shall be paid.

§ 12 - Appointment of the Executive Board

1. The members of the Executive Board shall be elected individually by the General Assembly for a term of two years.
2. Only members of the Association may be members of the Executive Committee; upon termination of membership in the Association, membership in the Executive Committee shall also terminate.
3. The re-election or early dismissal of a member by the General Assembly is permissible.
4. A member shall remain in office after the expiry of the regular term of office until the election of his successor.
5. If a member leaves the Board prematurely, the remaining members of the Board are entitled to elect a member of the Association to the Board until a successor is elected by the General Assembly. This meeting shall be convened within 4 weeks.

§ 13 - Cash audit

1. The General Assembly shall elect an auditor for a period of two years.
2. The auditor shall examine and report on the annual accounts before the next general meeting.
3. The auditor may not be a member of the Executive Committee.
4. Re-election as auditor is permitted.

§ 14 - Amendment of the Statutes

1. Amendments to the Statutes shall be adopted at a General Meeting by a majority of 3/4 of the members attending.

§ 15 - Dissolution of the Association

1. The dissolution of this association is only possible in a special extraordinary general meeting convened for this purpose. A resolution on dissolution requires the presence of at least 2/3 of all members. The resolution to dissolve requires a majority of 3/4 of the voting members.
2. In the event of the dissolution of the Association or in the event of the discontinuation of tax-privileged purposes, the remaining assets of the Association shall, after the complete settlement of all outstanding legal transactions, fall to a public corporation or to another tax-privileged corporation which shall use them directly and exclusively for the non-profit promotion of animal welfare. The beneficiary organisation must be decided by the general meeting.
3. The chairman of the dissolution meeting shall register the dissolution with the register of associations.

§ 16 - Data protection in the association

1. In order to fulfil the purposes and tasks of the association, personal data (first and last name, postal address, e-mail address, telephone number, bank account data and date of birth) about the personal and factual circumstances of the members are processed in the association in compliance with the requirements of the EU Data Protection Regulation (DS-GVO) and the Federal Data Protection Act (BDSG).
2. To the extent that the conditions described in the respective regulations are met, each member of the Association shall in particular have the following rights:
   • the right to information pursuant to Article 15 of the GDPR,
   • the right of rectification under Article 16 of the GDPR,
   • the right to erasure in accordance with Article 17 of the GDPR,
   • the right to restriction of processing under Article 18 of the GDPR,
   • the right to data portability under Article 20 of the GDPR; and
   • the right to object under Article 21 of the GDPR.
3. The organs of the association, all employees or other persons working for the association are prohibited from processing, disclosing, making accessible to third parties or otherwise using personal data without authorisation for purposes other than the respective fulfilment of tasks. This obligation shall survive the departure of the above-mentioned persons from the association.
4. In order to fulfil the tasks and duties according to the EU General Data Protection Regulation and the Federal Data Protection Act, the Association's Board of Directors may appoint a data protection officer.

§ 17 - Liability

1. The Association shall be liable exclusively with its assets.
2. A personal liability of the members is excluded, except in the case of intentional or grossly negligent behaviour.

§ 18 - Entry into force

1. These Statutes shall enter into force upon their entry into the Register of Associations.
2. These statutes were adopted at the founding meeting of Ben hilft ...! on Sunday 07.08.2022 with the required majority.