1. Name and Purpose
(1) The association is to bear the name „Sri Lanka Verein Hamburg e.V.“ – Association for the relief of suffering in Sri Lanka and cultural exchange
(2) The association pursues exclusively and directly non-profit and charitable purposes within the meaning of the section “Tax-privileged purposes” of the German Tax Code. It provides material and ideological support for projects which serve to alleviate the hardship of the people in Sri Lanka, to promote education and to support an exchange of Sri Lankan and German culture. Cultural exchange includes the mutual presentation of art, culture and sport, history, the Sinhalese, Tamil and German languages and education, the Buddhist, Hindu and Christian religions, customs and traditions, the political, economic and social circumstances and the way of life of the population, e.g. The development aid and charity aspect includes concrete support, projects and assistance for the reconstruction of schools, kindergartens, sports facilities, community halls, temples, orphanages and medical wards after the tsunami, as well as long-term support for these facilities. The aid is provided in both an ideal and material sense and through concrete action. The aim is also to support the reconstruction of the economy after the flood disaster, for example through the purchase of fishing nets, sewing machines, special tools for various trades, assistance with the construction/reconstruction of destroyed workshops, etc. Charitable donations should also be extended to individuals in need (as defined in Section 53 of the German Tax Code) who can prove they have lost their possessions, are traumatized, or require other medical support. Education could be supported by paying school fees for particularly needy or gifted students. Remedial courses could also be established, or targeted teacher training sessions could be supported financially, materially, and morally. Measures to fulfill the association’s objectives of development aid, charitable work, and international understanding will be recorded separately.
(3) The association operates on a non-profit basis. It does not pursue any commercial objectives.
(4) The association’s funds shall be used only for statutory purposes.
(5) The transfer of funds to a foreign entity shall only occur if the recipient undertakes to submit a detailed annual report on the use of the funds received from the association no later than four months after the end of each fiscal year. If this report does not show that these funds are being used exclusively for the purposes of the association as stated in its statutes, or if the recipient of the funds fails to comply with the obligation to submit the report, the transfer of the association’s funds shall be discontinued immediately. If the association’s funds are used by other persons abroad for statutory purposes, these persons must be so-called auxiliary persons within the meaning of Section 57 of the German Fiscal Code (AO).
(6) The association shall be registered in the register of associations.
2. Registered Seat and Fiscal Year
(1) The registered seat is in Hamburg.
(2) The fiscal year corresponds to the calendar year.
3. Membership
(1) Members of the Association may be natural or legal persons. Applications for membership must be made in writing.
(2) The Board of Directors decides on admission.
(3) Membership ends upon
a) withdrawal
b) death or loss of legal capacity
c) exclusion
(4) Withdrawal must be declared in writing with a notice period of three months prior to the end of a fiscal year.
(5) Grounds for exclusion are:
a) the persistent violation of a member’s duties
b) the significant endangerment of the association’s reputation or the fulfilment of its purpose.
(6) The Board of Directors decides on exclusion. An appeal against the Board’s decision may be made to the General Meeting within one month. If this happens, the member rights of the excluded member are suspended until the General Meeting makes a final decision.
(7) Members shall not receive any donations from the association’s funds.
(8) No person may be favored through expenditures unrelated to the association’s purpose or
through disproportionately high remuneration.
4. Contributions
(1) The association collects contributions from all members.
(2) The amount of the contributions is decided by the general meeting.
5. General Assembly
(1) The General Meeting is responsible, in particular, for:
a) the election, discharge, and removal of the Board of Directors
b) the election of the auditors
c) the election of the Honorary Committee
d) the adoption of resolutions on amendments to the Articles of Association
e) the adoption of resolutions on the dissolution of the Association
(2) The ordinary General Meeting shall convene annually in the first quarter. The Board of Directors is responsible for issuing the invitation. It must be sent in writing or electronically at least two weeks before the meeting, including the agenda.
(3) At the request of one-third of the members of the Association or three Board members, an extraordinary General Meeting shall be convened within one month. In all other respects, paragraph (2) shall apply accordingly.
(4) The Board of Directors shall chair the General Meeting. It shall have the right to dispose of the members’ premises. Minutes shall be taken, which must contain the resolutions of the General Meeting verbatim. The minutes of the meetings shall be signed by the respective secretary and the first or second chair person.
(5) Resolutions of the General Meeting require a majority of the votes of those present. Resolutions amending the Articles of Association require a two-thirds majority of the votes of those present. The resolution to dissolve the association requires a three-quarters majority of those present, but at least a majority of the members.
(6) The General Meeting elects an honorary committee of two members. Its task is to advise, moderate, and mediate in conflict situations.
6. The Board
(1) (1) Only members of the association who are natural persons may be elected to the board of the association.
(2) (2) The board consists of the first chair, the deputy chair (the second chair), the treasurer, the secretary, and one assessor.
(3) (3) The board is elected by the general meeting for a term of two years. The general meeting may remove elected board members for good cause.
(4) (4) If a board member resigns before the end of their term of office, the board shall temporarily fill the remaining term with a replacement from the association.
(5) (5) The board members perform their duties on a voluntary basis.
(6) (6) The board makes decisions by a simple majority. Minutes must be taken of each meeting.
(7) (7) The board manages the association in accordance with the resolutions of the general meeting and conducts the association’s business. In particular, it manages the association’s assets and decides on their use, observing sections 52, 55, 56, 57, and 58 of the Fiscal Code. He must provide the general meeting with a detailed account of his activities.
(8) (8) The board of directors within the meaning of Section 26 of the German Civil Code (BGB) consists of the chairperson and his deputy. They are represented by sole representatives. Internally, it is stipulated that the deputy chairperson shall represent the association if the chairperson is unable to attend. The deputy chairperson then assumes the functions of the second chairperson.
7. The Cash Audit
(1) The general meeting shall elect two auditors for a term of two years.
(2) The auditors shall oversee the financial management of the board of directors. They shall audit the annual financial statements. The auditors shall report on the results of their activities at the general meeting.
(3) To prevent damage to the association, the auditors may request the chairman to convene an extraordinary general meeting in accordance with Section 5, Paragraph 3 of the Articles of Association. If the board of directors fails to comply with this request within one month, the auditors shall convene the extraordinary general meeting themselves.
8. Dissolution of the Association
If the association is dissolved or otherwise ceases to exist, if the association’s purpose ceases to exist, or if tax-privileged purposes cease to exist, the association’s assets shall be transferred to the organization “Doctors Without Borders”, Germany section, which shall use them directly and exclusively for charitable purposes in Southeast Asia.
Statutes as per 01.01.2006