STATUTE

 

§ 1 Name and Headquarters

1 The association bears the name “Airship Rescue”

2 The association is headquartered in Hemer

§ 2 Financial Year

1 The financial year is the calendar year

§ 3 Purpose and Function of the Association

1 The association pursues directly and solely not-for-profit and charitable purposes in accordance with the section “Tax-Deductible Purposes” and “Benevolent Purposes” listed in §52 and § 53 of the Tax Code

2 The purpose of the association is the promotion of rescue from mortal danger, the promotion of disaster protection and civil protection, the promotion of aid for victims of war and disaster and the support of people who are dependent on the help of others due to their physical, mental or psychological condition

    The statutory purpose will be realized in particular through

– the complete coordination and planning of disaster operations/rescue operations/supply operations

– the provision of suitable rescue personnel and appropriate technology

– the procurement, maintenance and provision of rescue-specific equipment

– the allocation of transport orders / rescue work / supply functions / reconstruction orders to an airship company that facilitates the transport and construction of (medical) supply centers in disaster areas and that helps with the reconstruction of a potentially destroyed infrastructure, using airships especially suited to disaster operations to transport rescue equipment and personnel that have already been made available by the association to the relevant disaster region to evacuate and provide care for people before and after a disaster. To fulfill these duties, the airships must have helicopter characteristics and must be able to carry at least 50 people over a large distance. The above-mentioned duties can be conferred to other aid organizations, governments, states or the United Nations, among others

§ 4 Not-For-Profit Activities

1 The association is not-for-profit; it does not primarily pursue its own economic interests

§ 5 Application of Funds

1 The association’s funds may only be used for purposes in accordance with the statute

2 The members do not receive contributions from the association’s funds, with the exception of reimbursed expenses

3 If more money is received than necessary to fulfill a particular purpose as a result of an appeal for donations, the surplus funds are to be used for a purpose that is most similar

§ 6 Prohibition of Benefits

1 No person is permitted to benefit from expenditures that are not related to the purpose of the corporate body or through inappropriate high allowances.

2 All offices will be fundamentally honorary offices. However, the executive board can determine remuneration in the form of an allowance in accordance with § 3 No. 26a of the Income Tax Act (EStG) as required.

§ 7 Acquisition of Membership

1 Association members can be natural persons or or legal persons. Natural persons must be at least 18 years of age. The application for admission is to be submitted to the executive board in writing.

2 The executive board decides on an application for admission, a rejection does not require justification

3 Members are obligated to keep the particulars given in the membership application current without being asked.

4 The updating of data occurs at a place nominated in the contribution rules. Invitations, e.g. to the General Assembly, are deemed as properly delivered if they are sent to the (e-mail) address last known by the association

5 The association consists of full members, supporting members and honorary members

6 Full members can be natural or legal persons that commit to the association’s statute and promote its duties

7 Supporting members can be natural or legal persons that support the duties of the association materially

8 Honorary members can be designated if they have made a special contribution towards the fulfillment of the association’s duties. They will be designated at the suggestion of the executive board at the General Assembly with a 2/3 majority. Honorary members have the same rights as full members

9 Holders of honorary offices of the association may not hold office in the airship branch or hold a position there in any form. Exceptions require approval from the executive board. Intentionally provided false information will lead to a procedure of exclusion

§ 8 Termination of Membership

1 The membership ends through resignation, death or dissolution of the legal person, or through loss of legal personality

2 Resignation occurs through a signed, written declaration towards a member of the executive board who is authorized as a representative. A declaration of resignation by email is only valid if a signed declaration of resignation is attached as a PDF. The written resignation must be declared to the executive board with a 3-month notice period prior to the end of the financial year.

3 The membership can be cancelled (exclusion) in the case of gross violations of the purposes and aims of the association by the member. An exclusion can only take place for an exceptional reason. Reasons for exclusion are in particular: a violation of the statute, the association rules or legitimate interests of the association; conduct that causes damage to the association’s aims; dishonorable conduct within and outside of the association; contributions in arrears despite three reminders

1 The executive board decides on the exclusion. The exclusion can take place with immediate effect. The immediate exclusion of a member can only be executed by the executive board and requires written form

2 A member, against whom a pending procedure of exclusion exists, can be suspended from honorary office within the association upon application by the executive board until the final completion of the procedure of exclusion if this is deemed necessary in the interests of the association

3 All the member’s rights with regard to the association expire immediately with the arrival of the notice of exclusion

4 After the cancellation of the association membership is final, the executive board can demand return of all documents issued up to that point. The executive board can withdraw association distinctions and honorary certifications and demand their return

5 The member is entitled to appeal the exclusion at the General Assembly – this is to be submitted to the executive board in writing within a month of arrival of the written exclusion. The decision at the General Assembly within the association framework is final. The General Assembly is considered competent without regard for the number of present members. The simple majority of votes submitted is decisive, in the case of a tie, the motion is deemed as denied. The right of the member to review the measures through application to the general court of jurisdiction is reserved. Application to an ordinary court has an effect of suspension until the point of the binding court decision

§ 9 Contributions

1 Contributions will be levied on the members. The amount and due date of the contributions as well as all other payments such as admission fees, (special) contributions, etc. will be set out in the Contribution Rules that will be adopted by the executive board with a majority vote

2 The development of contributions can be adjusted to the yearly rise in the official cost of living

3 The membership contribution will be levied for twelve months and is to be paid in advance respectively

4 The yearly contribution will be direct debited from the member’s bank account each time at the beginning of the financial year

5 Persons that hold a statutory position and carry it out on an honorary basis are non-contributory, as are members who are designated as honorary members by the competent committee, regardless of whether they receive an allowance from the association

7 The executive board is authorized to release individual members partly or wholly from their obligation to contribute, as long as the reason for the release from the obligation to contribute lies in the person of the candidate and is justified in each case. The application is to be submitted to the executive board in writing by the member

8 During a period in which contributions are in arrears, all membership rights are suspended. The membership obligations, in particular the obligation to pay contributions, remain unaffected

§ 10 Bodies of the Association

1 The bodies of the association are the General Assembly and the executive board

§ 11 Cash Audit

1 The General Assembly elects a treasurer and a cash auditor for the period of one year. These must not be members of the executive board. Reelection is permitted

§ 12 General Assembly

1 The General Assembly is the highest body of the association. Its duties include in particular the voting in and voting out of the executive board, the receipt of reports by the executive board, the election of the treasurer and cash auditor, the resolution regarding the dissolution of the association, the decision on the exclusion of members in cases of appeals as well as further duties, as long as these arise from the statute or the law. If a member withdraws from office in the executive board or as the treasurer or cash auditor, this is deemed as agreed from the full month following the effectiveness of the member’s last specified yearly contribution

2 A regular General Assembly takes place in the first half of every financial year

3 The General Assembly will be summoned by the executive board by e-mail under observation of a four-week invitation period and with the submission of an agenda. The invitation period begins on the day following the dispatch of the e-mail. If the member has not provided an email address, the invitation to the General Assembly will take place by regular post. The invitation is deemed received by all members if it was directed to the last e-mail address or postal address made known to the association.

4 The agenda is to be supplemented if a member proposes this in writing at least one week before the scheduled appointment. The supplementation is to be announced at the beginning of the Assembly.

5 Emergency motions can only be allowed at the General Assembly if these are determined with a majority vote of two thirds of the present members with voting power. The chair of the Assembly decides on open or secret votes. Motions to vote out the executive board, to change or revise the statute or to dissolve the association cannot be put forward as emergency motions

6 The General Assembly will be led by a member of the executive board. A secretary is to be elected at the beginning of the Assembly

7 The executive board can summon an Extraordinary General Assembly at any time

1 The executive board is obligated to summon an Extraordinary General Assembly if at least one third of members demand this in writing, stating grounds therefore. The desired agenda item must be included in the motion from the member. Motions on the agenda of the General Assembly can only be filed by full members

2 The motion must be submitted to the executive board in writing in each case 4 weeks before the date of the Extraordinary General Assembly. Emergency motions can be filed. Emergency motions that require a change of statute are not permitted

8 Changes to the statute requested by regulatory authorities, judicial authorities or tax authorities on formal grounds can be carried out by the executive board on its own initiative

9 The General Assembly is competent without regard for the number of members present. A simply majority of votes given is decisive. Members abstaining from voting are not to be included; they will be treated as absent. Invalid and incomplete voting ballot papers are also to be excluded. In the case of a tie, the motion is deemed as denied. Resolutions will be passed by open vote by a show of hands with a voting majority as long as the assembly does not decide otherwise

10 Every member has a vote. The right to vote can only be exercised in person. Supporting members do not have the right to vote, they are deemed so-called “silent supporters”

11 The General Assembly elects the executive board. Elected are persons that accumulate the most votes. The vote takes place secretly with ballot papers

12 Motions to vote out the executive board, to change the statute or to dissolve the association that the members did not already receive with the invitation to the General Assembly can only be resolved at the next Assembly.

13 Minutes on the resolutions of the General Assembly are to be produced and signed by the Assembly chairperson and the secretary. The Assembly minutes, as well as any amendments to the statute, will be sent to members by e-mail.

§ 13 Executive Board

1 The executive board, subject to § 26 of the German Civil Code (BGB) consists of the first, second and third chairpersons.  They represent the association judicially and otherwise. The first chairperson represents the association alone. The second and third chairpersons may only represent the association when acting jointly. They are obligated in the internal relationship to represent the first chairperson only in his absence and upon his request.

2 Executive board members can only be members of the association

3 The executive board leads the association’s work responsibly. It can issue an association order, allocate particular duties among its members or start committees for the processing or preparation of its duties, and award research assignments

4 The executive board makes its decisions at executive board meetings that are summoned in writing, by phone or by email. The agenda does not have to be submitted in advance. Decisions by the executive board can be made in writing, by phone or by email in case of urgent necessity if all executive board members declare their agreement on this matter in writing, by phone or by email

5 The management of current operations can be transferred to a managing director or third party. His authorizations and duties are to be determined through a contract, instructions or job specification

6 The executive board is entitled to issue authorization to the managing director on a case-by-case basis, with the effect that the managing director individually can legally represent the association

7 The executive board convenes as required, however at least twice per year

8 Members of the executive board will each be elected by the General Assembly for a period of three years. Reelection is permitted

9 After the expiration of the time period, the elected members of the executive board remain in office until the successor takes office

10 The executive board remains in office until a new board is elected

11 Association offices will be fundamentally honorary. However, the executive board can carry out remuneration in the form of an allowance if necessary

12 In the case of termination of membership in the association, the office as a member of the executive board also terminates

§ 14 Dissolution of the Association

1 The dissolution of the association takes place upon application by the executive board by resolution at the General Assembly. The invitation to the General Assembly at which the resolution regarding the dissolution of the association should take place must be made in writing 4 weeks before the Assembly.

2 This time period begins on the day after the written invitation was sent. The written invitation is deemed received by the members if it was directed to the address last made known to the association

3 For the dissolution of the association, a 3/4 majority of members present is required The General Assembly is competent, if at least 2/3 of the members are present. If the General Assembly is not competent, the convocation of a second General Assembly is to take place within 4 weeks. This Assembly can then determine the dissolution without regard for the number of present members. A simple majority vote is sufficient

4 In the case of dissolution or annulment of the association or in the case of cessation of tax-deductible purposes, the association’s assets go to DKMS Deutsche Knochenmarkspenderdatei gemeinnützige Gesellschaft (not-for-profit organization) mbH Kressbach 1, 72072 Tübingen. This organization is to use the assets directly and solely for not-for-profit, charitable or religious purposes

§ 15 Court of Jurisdiction

1 The place of fulfillment and the court of jurisdiction for all the rights and responsibilities resulting from this statute is Iserlohn

§ 16 Inception

1 This statute comes into force with the entrance into the Register of Associations

Hemer, 24.6.2016