Chance for African Youth e.V.

§ 1 Name, Registered Office, Fiscal Year

  1. The name of the association shall be “Chance for African Youth e.V.”. (ChAYo). The association has its seat in Stuttgart and is to be entered in the register of associations at the Stuttgart Local Court. After registration, it shall bear the suffix “e.V.”.
  2. The financial year is the calendar year.
  3. The association is politically and denominationally neutral and upholds the principles of ideological tolerance.

§ 2. purpose of the association

  1. The purpose of the Association is the promotion of national and vocational education, especially in African institutions, through ideational, financial, logistical, personnel and material support
  2. The purpose shall be realised in particular through the procurement and transfer of funds within the meaning of German law §58 paragraph 1 AO (contributions from membership fees, voluntary donations, proceeds from events), as well as through the personal commitment of the members of the Association. The funds raised in this way shall be passed on to tax-privileged corporations or legal persons under public law, which shall use them exclusively and directly for the realisation of their own tax-privileged purpose.
  3. insofar as unrestrictedly taxable corporations under private law are supported, these must themselves be recognised as tax-privileged (German law §58 No. 1 AO).
  4. to this extent the association is a sponsoring society within the meaning of German law §58 No. 1 AO.
    In addition, the association may also realise its objectives through its own measures and actions.
  5. The Association shall act selflessly and shall not primarily pursue its own economic purposes.
  6. The organs of the Association shall perform their duties on an honorary basis.
  7. Funds accruing to the Association may only be used for purposes in accordance with the statutes.
  8. Members shall not receive any share of the profits and, in their capacity as members, shall not receive any other benefits from the funds of the Association. This shall also apply in the event of their resignation or the dissolution of the Association.
  9. Members shall not receive any share of the profits and, in their capacity as members, shall not receive any other benefits from the funds of the Association. This shall also apply in the event of their resignation or the dissolution of the Association.

§ 3. non-profit character

  1. the Association shall exclusively and directly pursue charitable purposes within the meaning of the section “tax-privileged purposes” of the German Fiscal Code (§§51ff. AO).

§ 4 Membership

Admission to the Association shall be by written application.
The Executive Committee decides on the application for membership, and this must be announced at the General Meeting. By applying for membership, the applicant accepts the statutes of the Association. There is no right to admission. The refusal of admission does not have to be justified. If the application is rejected by the Executive Committee, the rejected applicant may lodge a written complaint with the Executive Committee within one month. The General Assembly shall decide on the appeal.

The association has

  1. full members
  2. supporting members

To 1. All persons and legal entities under private and public law as well as all public authorities that support the purposes of the Association in accordance with the Statutes may become members. Minors require the consent of their legal representatives.
To 2. natural and legal persons may become supporting members. For the acquisition of supporting membership, §4.1 (Membership) shall apply accordingly.
Supporting members support the Association through donations in cash or in kind. They have the right to speak at the General Assembly, but no right to propose motions, no right to vote and no active or passive voting rights.

§ 5 End of membership

The Membership ends

  • by death in the case of natural persons
  • by dissolution or loss of legal capacity of the legal person
  • by voluntary resignation by means of a written notice of termination with a quarterly period of notice to the end of the calendar year
  • by expulsion by resolution of the Executive Committee (by simple majority) for good cause. Important reasons are dishonourable, discriminatory acts or behaviour detrimental to the association, substantial impairment of the aims and purposes of the association, or if the membership fee has not been paid for more than one year despite two reminders).

On leaving the Association, the member loses all rights.

§ 6 Dues

  1. ordinary members shall pay an annual subscription, the amount of which shall be determined by the General Meeting.
  2. a member’s subscription shall be paid directly to the Association.
  3. The membership fee shall be paid by 1st March of each year.

§ 7. Organs of the Association

  • General Meeting
  • Executive Committee
  • Auditors

§8 The General Assembly of Members

  1. The General Assembly shall be held at least once a year and shall be convened by written invitation.
  2. The invitation shall be sent at least 3 weeks before the date of the meeting and the agenda shall be announced. Motions received must be included in the agenda.
  3. the general meeting shall be chaired by a member of the executive committee.
  4. Resolutions and elections at the meeting shall be recorded in the minutes. The minutes shall be signed by the secretary and the chairperson of the meeting. The General Assembly has a quorum if 2/3 of the members are present.
    In the event of a lack of quorum, a new General Assembly must be convened with the same agenda within 4 weeks. The reconvened general meeting has a quorum regardless of the number of members present. Excused absent members may grant a proxy for previously announced voting items, excluded are amendments to the statutes.
  5. Resolutions of the General Assembly shall be decided by a simple majority of the valid votes cast. Abstentions shall not be counted. In the event of a stalemate, the resolution shall be rejected and may be dealt with again.
  6. elections shall be held by secret ballot if requested by a simple majority of the members present.
  7. members as defined in §4.1 have the right to participate in elections at the general meeting if the membership fee has been paid. Each full member has one vote.
  8. The General Assembly shall in particular deliberate and decide on the following matters
    1. Election of the members of the Executive Committee
    2. Election of two auditors
    3. Receipt of the report on the previous financial year.
    4. Approval of the report and the annual accounts and discharge of the Executive Committee after the report of the auditors.
    5. Determination of the annual fees.
    6. passing resolutions on amendments to the Statutes.
    7. Dissolution of the Association.
  9. Outside the agenda, applications and submissions may only be dealt with if a quarter of the members present agree to their being dealt with.
  10. applications to amend the Statutes or to dissolve the Association may only be voted on if they have been communicated to the members with the invitation.
  11. an extraordinary general meeting may only be convened if at least 1/3 of the members so request. The request must be submitted in writing, stating a reason and the agenda. The Statutes and Rules of Procedure of the regular General Assembly shall then apply. However, the period of notice may be reduced to one week.

§ 9 Executive Committee

  1. The Executive Committee shall conduct the business of the Association.
  2. The Executive Committee is elected by the General Assembly for a period of two years. Re-election is permitted. It shall remain in office until the new Board takes office.
  3. The Executive Committee consists of
    • chairperson
    • Secretary
    • Treasurer

4. each member of the Executive Committee shall be entitled to represent the Association individually.

5. The Treasurer manages the Association’s assets and handles the financial affairs of the Association together with the Chairperson.

6. 3 members of the Executive Committee shall constitute a quorum. Resolutions of the Executive Committee shall be passed by a simple majority of the members present. In the event of a tie of votes, the Chairperson shall have the casting vote.

7. The Executive Board shall prepare the budget, the annual report, and the annual accounts.

8. before the end of the term of office, the members of the Executive Board may only be dismissed if the member to be dismissed can be replaced by the election of a new one at the same meeting.

9. in the case of a voluntary resignation of a member of the Board, a replacement may be appointed by the Board. However, the new member of the Executive Committee shall require the approval of the next General Assembly. 

10.The Board shall meet at least once a year at the invitation of the Chairperson.

11. The meeting of the Executive Committee shall be recorded and signed by the Secretary and the Chairperson.

12. The activities of the Executive Committee are on honorary basis. Expenses may be reimbursed.

 § 10 Cash Auditor

  1. The General Assembly shall appoint an auditor for a period of 2 years. The auditor, whose reputation is beyond doubt, may not be a member of the organs of the Executive Board.
  2. The auditor shall be responsible for auditing the annual accounts and the related financial transactions and documents at all times.

§ 11 Amendments to the Statutes

  1. resolutions on amendments to the Statutes require a 2/3 majority of the members present.
  2. proposals to amend the statutes must be announced to all members with the invitation to the general meeting.
  3. should the Register of Associations, the tax office or other authorities have objections in connection with the foundation, continuation etc. of the Association and its Statutes, the relevant editorial changes may be made by the Executive Committee alone without the prior consent of the General Meeting.

§ 12 Cancellation of the Association

  1. cancellation of the association can only be decided by a 2/3 majority of all members entitled to vote.
  2. in the event of the cancellation or annulment of the Association or in the event of the discontinuation of tax-privileged purposes, the assets of the Association shall be transferred to the institution “Hilfe für Afrika” (Help for Africa), which shall use the amount exclusively and directly for charitable or benevolent purposes.

The use of the assets may only be carried out after the approval of the German tax office.

Stuttgart, 28.01.2020