I. Name, seat and purpose of the association
1 Name and registered office
The association bears the name Peru-Aktion.
The association is to be registered in the register of associations. Its name will then extented by the addition e.V..
The seat of the association is Bielefeld.
2 Business year
The financial year corresponds to the calendar year.
(1) The association is altruistically active. It does not primarily pursue its own economic goals, but directly and exclusively charitable purposes in the sense of the section “tax-privileged purposes” of the Abgabenordnung (AO). The purpose of the association is the non-material and material promotion of youth and geriatric welfare, education, popular and vocational training including student aid and the promotion of nature conservation and landscape conservation as well as development cooperation.
(2) The following measures in particular serve to achieve the purpose of the association:
The association promotes village development projects in the department of Pasco, Peru. The projects serve to improve the living conditions in the region with the aim of counteracting the rural exodus and the associated impoverishment.
For this purpose the following purpose is intended:
Development of a living and working community in which socially disadvantaged and homeless young Peruvians are integrated (e.g. orphans from the poor districts of Lima and the Oxapampa region).
Agricultural use with special consideration of ecological and nutritional-physiological necessities.
Establishment of practical training centres for young people and adults, which support the already existing municipal efforts.
Development of a model for the improvement of the living situation and the living medical conditions, which includes in particular practical measures for the environmental protection.
In addition to daily work, people are also accompanied by pastoral care. This can take place in personal discussions and in common devotions. A cooperation with the communities in the valley is aimed at. The existing chapel in Yanachaga is available for these purposes.
The association enables German young people/adults to do internships within the framework of development aid and social services and to meet Peruvian young people or employees in joint work projects.
The association can promote other projects with comparable goals in Peru beyond the aforementioned projects.
(3) The association can fulfill its purposes mentioned in paragraph 1 also by the fact that it recruits promotion means and forwards these to other non-profit corporations, which promote the purposes mentioned in paragraph 1, with the proviso to use these in particular for the measures mentioned in paragraph 2.
(4) Any profits and the funds of the association may only be used exclusively and directly for purposes in accordance with the statutes. Donations to club members from the club’s funds are not permitted. No person may be favoured by expenses that are alien to the purpose of the corporation or by disproportionately high remuneration. Reasonable reimbursement of expenses is permissible.
II. Membership and Income
(1) All natural and legal persons who support the purpose of the Association as stated in § 3 may become members of the Association.
(2) The declaration of membership must be submitted in written form to the Executive Board, which decides on admission by majority vote.
(1) The income of the association consists of membership fees, donations and income from the organisation of events.
(2) The general meeting decides on the amount of the membership fee with a simple majority. The payment of dues and the collection of dues shall be regulated by the Executive Board.
6 Termination of membership
(1) Membership expires through:
a) Death of the member,
b) Resignation of the member,
c) Exclusion of the member.
(2) The resignation takes place by written explanation opposite the executive board.
The obligation to pay the membership fee does not end until the end of the year in which the resignation is declared.
(3) Withdrawal from the association can only be declared at the end of a business year.
(4) Members who have not fulfilled their obligations or have otherwise acted contrary to the interests of the Association may be excluded by the Executive Committee, which shall, upon request, hear the member before the decision is taken. The excluded member reserves the right to appeal to the general meeting.
III. Bodies of the Association
The bodies of the association are:
a) the executive board
b) the general meeting
c) the advisory board (optional)
8 Executive Board
(1) The executive board consists of the chairman, the deputy chairman, the secretary and the treasurer as well as up to five assessors.
(2) The members of the Advisory Board may participate in the meetings of the Executive Board in an advisory capacity.
(3) The Executive Board shall conduct the day-to-day business. In particular, it decides on the statutory use of the association’s funds. It may issue rules of procedure for itself.
(4) The association is represented by the executive board – by two members of the executive board together – in and out of court.
Registrations for the register of associations are made by the chairman or one of the board members alone.
(5) The executive board meets as required, but at least once a year.
The executive board has a quorum if at least three members of the executive board with voting rights are present.
The Executive Board passes its resolutions with a simple majority. In the event of a tie, the chairman has the casting vote.
The resolutions of the Executive Board shall be recorded in a meeting protocol.
(6) The executive committee submits a business report for each year to the general meeting.
The formal correctness of the management is to be examined by two cash auditors once a year.
(7) The executive board is elected by the general assembly with a simple majority of votes for a period of 3 years, re-election is permitted. The members of board must be members of the association. The chairman as well as the other board members are elected by the general meeting either in special ballots or together. If a member of the board resigns, he shall be replaced by the next placed substitute member.
If there is no substitute member, the board shall elect a substitute member for the period up the next General Meeting. If the chairman resigns, the executive committee shall elect a new chairman from among its members.
(8) Management shall be honorary and free of charge. However, there is a claim for appropriate reimbursement of expenses.
9 Advisory Board
(1) The Advisory Board consists of at least two members who are appointed by the Executive Board.
(2) The Advisory Board’s task is to provide the Board with advisory support for the best possible implementation of the Association’s objectives.
10 General Assembly
(1) The general assemby decides on matters of the association which are not to be dealt with by the executive board.
In particular, it is incumbent upon it:
a) the election of the executive board and its substitute members
b) the election of two cash auditors
c) the discharge of the executive board
d) the approval of the business report (cash report, activity report)
e) passing resolutions on amendments to the Charter
(2) The executive board shall convene the general meeting as required, but at least every 12 months.
Furthermore, it must convene the general meeting if at least one quarter of the members request this in writing, stating the reasons.
(3) The invitation to the general assembly is made in writing by e-mail, alternatively by fax or letter by the executive board to all members with announcement of the agenda. Between the invitation and the date of the general meeting there must be a period of at least 10 days, whereby the day of dispatch and the day of the general meeting are not included. The invitation shall be deemed to have been received by the member if it is sent to the last address given to the association in writing by the member.
(4) Unless otherwise stipulated in these statutes, the general assembly shall pass its resolutions by a simple majority of the members present.
Each member has one vote.
Every duly convened general meeting has a quorum regardless of the number of members present.
(5) The chairman chairs the general assembly. For election actions and resolutions on the discharge of the executive board as well as in the case of the absence or prevention of the chairman a chairman of the meeting is to be elected.
Votes shall be taken publicly by show of hands, unless a member requests otherwise.
(6) Minutes shall be taken of each general meeting and signed by the chairman of the meeting and another member of the association, if possible the secretary.
11 Amendments to the Charter
(1) Amendments to the statutes can only be decided with a majority of three quarters of the members present. Proposals for amendments to the statutes must be submitted in writing to the executive committee no later than four weeks before the annual meeting.
(2) If a provision of the statutes concerning a condition for tax relief is amended, supplemented, inserted into the statutes or deleted from the statutes, the association must inform the tax office of this decision.
(3) If the resolution requires entry in a public register or approval by a state supervisory authority, the entry or approval shall be notified to the tax office subsequently.
12 Dissolution of the Association
(1) The dissolution of the association or a change of its purpose can only be decided by a meeting of the members convened especially for this purpose with a notice period of one month.
(2) The resolution can only be passed with a majority of three quarters of the members present.
(3) In the event of dissolution, the assets of the Association shall be transferred to a non-profit body with the proviso that the assets of the association shall be used exclusively for the purposes specified in § 3.
(4) Decisions on the future use of the association’s assets pursuant to §12 (3) may only be executed with the prior consent of the competent tax office.
13 Severability clause
If individual provisions of these Articles of Association are or become invalid or cannot be implemented for legal reasons, or if these Charter contains loopholes, this shall not affect the validity of the remaining provisions. The invalid or unenforceable provisions shall be interpreted, reinterpreted or replaced in such a way that the desired legal result is achieved as consistently as possible. The invalid or unenforceable provision shall be replaced by a legally flawless provision and everything reasonable shall be done in good faith to ensure the validity of the present Articles of Association and to enable their implementation.
In the event of gaps, the provision shall be deemed to have been agreed which corresponds to what would reasonably have been regulated in accordance with the meaning and purpose of these Articles if the matter had been considered from the outset.