Executive Board & Statutes
Chill out e.V.
Verein zur Förderung akzeptierender Jugend- und Drogenarbeit
Version from 23.09.2015
§ 1 Name and registered office of the Association and financial year
(1) The association bears the name „Chill out e. V. – Verein zur Förderung akzeptierender Jugend- und Drogenarbeit“.
(2) It is based in Potsdam and is entered in the register of associations there.
(3) The financial year is the calendar year.
§ 2 Purpose of the organisation
(1) The purpose of the organisation is to promote public health and public health care, youth welfare, education, welfare and civic engagement.
(2) The purpose of the association is realised in particular through the sponsorship of facilities, initiation and implementation of measures and projects as well as informing and educating the public about opportunities and processes that contribute directly to the fulfilment of the association's purpose. In fulfilling the purpose of the association, particular attention is paid to strengthening the life skills of children, adolescents and young adults, helping to improve the framework conditions in social areas and supporting people who are dependent on help as a result of risky consumption. The guidelines of accepting drug work and approaches of resource-orientated risk and life skills education, health promotion and prevention form an important basis of the work.
(3) The association is politically and denominationally neutral.
§ 3 Altruism
(1) The association pursues exclusively and directly charitable purposes within the meaning of the„Steuerbegünstigte Zwecke“ section of the German Tax Code. It is a non-profit organisation and does not primarily pursue its own economic purposes.
(2) The association's funds are used exclusively for statutory purposes. Members of the association may not receive any benefits from the association's funds. No person may benefit from expenses that are unrelated to the purpose of the association or from disproportionately high remuneration.
(3) In principle, the Executive Board performs its duties on an honorary basis. In accordance with § 3 Nr. 26a EstG, the association may pay honorary members of the Executive Board a lump-sum expense allowance or other remuneration of up to € 500 per year.
(4) Members do not receive any shares of the association's assets when they leave or when the association is dissolved.
§ 4 Membership
(1) Any natural person over the age of 18 who declares their membership to the Executive Board in writing may become a member of the association. Young people under the age of 18 can also become members of the association if this is decided by the Executive Board in individual cases. The completion of the 16th year of age and a declaration of consent from the legal guardian(s) are considered a condition.
(2) The Executive Board decides on the admission and exclusion of a member. It shall promptly inform the General Meeting, which may revise the decision by a simple majority.
(3) The types of membership are:
- Ordinary membership: Ordinary members have full rights and obligations within the meaning of these Articles of Association and the law of the Association.
- Supporting membership: Supporting members pay an annual membership fee or make another supporting contribution and only enter into a symbolic membership without voting rights and voting entitlement.
- Honorary membership: At the request of the Executive Board, members who have rendered outstanding services to the Association or have promoted the purpose of the Association in a special way can be appointed honorary members by obtaining a favourable resolution from the General Assembly. Honorary members have the same rights as all active members and are entitled to participate in all events and meetings. They are exempt from paying membership fees upon appointment as an honorary member.
(4) The membership ends:
- by death or, in the case of legal entities, by their dissolution;
- by resignation, which can be declared to the Executive Board in writing or verbally at the end of each quarter;
- by expulsion, which can be pronounced by the Executive Board for good cause. Important reasons are, in particular, violations of the articles of association, behaviour detrimental to the association or contribution arrears of at least 6 months. An objection to the expulsion can be lodged within a period of one month after receipt of the expulsion, on which the next general meeting will decide.
§ 5 Contributions
The members are obliged to pay the membership fees regularly and the General Meeting decides on the amount and due date of the membership fees by simple majority. Upon request, the Executive Board decides on a case-by-case basis on reductions, exemptions or deferrals of membership fees and informs the General Meeting accordingly.
§ 6 Organs of the association
Organs of the association are:
- the general meeting
- the Executive board
- the auditors
§ 7 The general meeting
(1) The tasks of the general meeting include:
- Election and deselection of the Executive Board,
- Election of the auditors,
- Discharge of the Executive Board on the basis of the annual report,
- Determination of the amount and due date of membership fees,
- Resolution on amendments to the articles of association,
- Resolution on the admission of a member,
- Resolution on the expulsion of a member following a possible objection to the expulsion decision,
- Resolution on the dissolution of the association.
(2) The General Meeting must be convened at least once a year. An extraordinary general meeting may be convened in particularly urgent cases.
(3) The General Meeting shall be convened in writing or by e-mail by the Executive Board with a notice period of one month and simultaneous announcement of the agenda. The notice period for an extraordinary general meeting is one week.
(4) A General Meeting must be convened by the Executive Board within one month if more than 15% of the members with voting rights request the Executive Board to do so in writing.
(5) The General Meeting convened in accordance with the Articles of Association constitutes a quorum if the invitation was issued in due time. Participation is also possible by remote communication (telephone, e-mail).
(6) The General Meeting elects a chairman of the meeting and a keeper of the minutes; minutes of the General Meeting must be taken and an attendance list kept, which must be signed by the chairman of the meeting and the keeper of the minutes.
(7) Each voting member has one vote. Votes are decided by a simple majority. Amendments to the Articles of Association can only be adopted with a two-thirds majority of the members present. These must be announced in a proper invitation. Abstentions and invalid votes are not taken into account.
§ 8 Executive Board
(1) The Executive Board consists of at least three elected members. These are the chairperson, at least one deputy chairperson and the treasurer.
(2) The Executive Board is elected by the General Meeting for a term of two years. Re-election is possible. The current members of the Executive Board remain in office after the end of their term of office until their successors have been elected.
(3) The Executive Board is responsible for managing the day-to-day business of the association and appointing a managing director. The Executive Board has the following tasks in particular:
- Preparation and convening of the General Meeting
- Implementing the resolutions of the General Meeting
- Preparation of an annual report
- Contact with and control of the appointed managing director.
(4) The Executive Board passes its resolutions by a simple majority of the votes of the Executive Board members present. Abstentions are not counted. It is quorate if at least half of its members are present, and resolutions of the Executive Board can also be passed in writing or remotely in urgent cases if all members of the Executive Board declare their consent to this procedure.
(5) Executive Board members may not be employees of the Association during their term of office.
(6) The Executive Board works on an honorary basis. It carries out the tasks and business of the association in accordance with the articles of association and meets regularly, at least once a quarter. Minutes must be taken of each Board meeting.
(7) All members of the Executive Board are members of the Executive Board within the meaning of § 26 BGB. They represent the association in and out of court. Two of its members are authorised to represent the association jointly.
(8) Amendments to the Articles of Association that are required by supervisory, judicial and financial authorities for formal reasons may be made by the Executive Board on its own initiative; all members of the Association must be notified of these amendments in writing.
(9) The Executive Board or a member of the Executive Board can be replaced during their term of office at a General Meeting by electing a new Executive Board or a new member of the Executive Board with two thirds of the votes of the members present.
(10) If a member of the Executive Board resigns before the end of their term of office, the Executive Board is authorised to appoint a new member once. The term of office of the Board member appointed in this way shall run until the next General Meeting.
(11) The Board of Directors shall adopt rules of procedure for the management. They must be set out in writing. They regulate the working methods of the Executive Board and the cooperation with the appointed managing director.
§ 9 Auditor
(1) The General Meeting elects a cash auditor. The term of office is one year.
(2) The cash auditor has the right to audit the Association's cash register and books at any time. He/she shall submit his/her report to the Annual General Meeting.
(3) The auditor may not be a member of the Executive Board or a committee appointed by the Executive Board and may not be an employee of the Association.
§ 10 Notarisation of resolutions
The resolutions passed at Board meetings and General Meetings must be recorded in writing and signed by the secretary.
§ 11 Auflösung des Vereins
(1) A resolution to dissolve the association requires a three-quarters majority of the members present at the General Meeting. The resolution can only be passed after announcement in the invitation to the general meeting.
(2) If the association is dissolved or ceases to fulfil tax-privileged purposes, the assets of the association shall be transferred to the Deutschen Paritätischen Wohlfahrtsverband Landesverband Brandenburg e.V. for the purpose of youth welfare.
Resolved at the General Meeting on 23.09.2015