Articles of association

Preamble

Very few people leave their home country voluntarily. If they are not threatened by hunger, war or environmental disasters, they want to live where they grew up and can make a living. Where they feel at home.

In many countries of the global South, living conditions are so bad that people have to leave their homes in order to survive.
Improving local living conditions is therefore the aim of the “Hope Makers”. Above all through education, because education is the key to development. Those who can read, write or do arithmetic are given opportunities in a globalized world, take part in development and shape it themselves.

The “hope makers” want to create the conditions for this. By working with local partners to build and run schools that girls and boys can attend together. By providing learning materials and health care for the children. For the further training of teachers and for the promotion of continuing education measures after leaving school. And the “Hope Makers” want to promote international exchange on school education, cooperation at eye level. If you want to learn, you should be able to learn anywhere.

§ 1 Name, registered office

The association bears the name “Die Hoffnungsmacher”.
It is to be entered in the register of associations and will then bear the addition “e. V.”
The registered office of the association is Stuttgart.
The financial year is the calendar year.

§ 2 Purpose of the association

The purpose of the association is:

1.1. The promotion of education and upbringing (as defined in Section 52 (2) no. 7 AO), the promotion of international sentiment and tolerance in all areas of culture and international understanding (as defined in Section 52 (2) no. 13 AO), the promotion of development cooperation (as defined in Section 52 (2) no. 15 AO), the promotion of public health (as defined in Section 52 (2) no. 3 AO) and the promotion of civic engagement for charitable and benevolent purposes (as defined in Section 52 (2) no. 25 AO).

The realization of the statutory objectives is achieved in particular through the establishment and maintenance of educational facilities, combined with the training and further education of teachers, primarily in Sudan with a focus on Karakoulle in western Sudan, Darfur. This is achieved through non-material, financial, logistical, personnel and material support.

1.2. The purpose is realized in particular through the procurement and transfer of funds within the meaning of § 58 paragraph 1 AO (contributions from membership fees, voluntary donations, proceeds from events), as well as through the personal commitment and the transfer and application of know-how of the association members. The funds raised in this way are passed on to tax-privileged corporations or legal entities under public law, which use them exclusively and directly for the realization of their own tax-privileged purpose.

1.3. Insofar as corporations under private law with unlimited tax liability are supported, these must themselves be recognized as tax-privileged (§ 58 number 1 AO).

1.4. In this respect, the association is a development company within the meaning of § 58 number 1 AO.

1.5. In addition, the association can realize its goals through its own measures and actions, in particular through educational work in schools and public lectures.

1.6. The statutory purposes may also be realized by auxiliary persons bound by instructions (within the meaning of § 57 AO).

The association pursues exclusively and directly charitable purposes within the meaning of the section “Tax-privileged purposes” of the German Tax Code. The association is selflessly active; it does not primarily pursue its own economic purposes. The Association’s funds may only be used for the purposes set out in the Articles of Association. Members do not receive any benefits from the association’s funds. No person may benefit from expenses that are alien to the purpose of the corporation or from disproportionately high remuneration. However, this does not exclude compensation for expenses within the scope of the honorary allowance or customary and appropriate payment of employees or honorary staff who are entrusted with tasks to realize the purpose of the association.

§ 3 Membership

There are ordinary, supporting and honorary members

Natural and legal persons can become members of the association. The prerequisite for acquiring membership is a written application to the Board of Directors. In the case of minors, the application for membership must be submitted by their legal representatives. The Board of Directors decides on applications for membership by simple majority Ordinary members are entitled to vote and submit applications and have the right to vote and stand for election for all functions within the association. You are obliged to provide us with your valid address or e-mail address.
Supporting members provide material and non-material support for the purpose of the association. They do not have the right to vote, propose motions or stand for election.
Honorary members are natural persons who have rendered outstanding services to the association and are appointed as such by the Board of Directors. Unless they are also full members, they have no voting, application or election rights.
Membership ends with the death of the member, in the case of legal entities with their expiry.

Resignation from the association is permitted at any time. It must be declared in writing to the Executive Board.

A member may be removed from the membership list by resolution of the Executive Board if he/she is in arrears with the payment of the membership fee despite two reminders. The member must be notified of the removal in writing.

A member can be expelled from the association if his or her behavior is grossly contrary to the interests of the association. The Executive Board decides on the exclusion. Before the resolution is passed, the member must be given the opportunity to justify himself in person. An appeal against the decision may be lodged in writing. The general meeting decides on the objection.

§ 4 Contributions and remuneration

A membership fee is charged. The general meeting decides on the amount and due date. In appropriate cases, the Board of Directors may waive or defer membership fees in whole or in part. Persons working for the Association are entitled to reimbursement of their expenses, provided these have been approved in advance by the Board of Directors. Association and Board members may be employees or honorary staff of the Association, provided that the paid work is distinguished from the unpaid membership duties and Board activities. If a member of the Board of Directors applies for a position or an honorary contract, it is awarded by a committee appointed by the General Meeting. The remuneration may not exceed that for comparable activities in the public sector. The office of the Association’s Board of Directors is generally held on an honorary basis. In deviation from this, the General Meeting may decide to pay the Management Board a lump sum and appropriate remuneration for its Management Board activities in accordance with Section 3 (26a) of the German Income Tax Act (EstG).

§ 5 Organs of the association

The bodies of the association are

• The General Meeting
• The Executive Board

§ 6 General Meeting

The Annual General Meeting takes place once a year. In addition, a general meeting must be convened if the interests of the association so require or if at least 1/3 of the members request such a meeting in writing, stating the purpose and reasons. General meetings can be held in person or online. Each General Meeting must be convened by the Executive Board in text form, giving at least two weeks’ notice and stating the agenda. The date of dispatch by e-mail shall apply.

The General Meeting is chaired by the Executive Board. It can commission an external moderator. Every properly convened General Meeting has a quorum regardless of the number of members present. The resolutions of the General Meeting are passed by a simple majority of the valid votes cast, unless otherwise stipulated in the Articles of Association. The election and early dismissal of members of the Board of Directors is carried out by a simple majority of the ordinary members present. However, a majority of 3/4 of the valid votes cast is required to amend the Articles of Association and the purpose of the Association. Resolutions on the election or premature dismissal of the Executive Board as well as on amendments to the Articles of Association and the dissolution of the Association can only be passed if this has been announced in the agenda sent out with the invitation. Minutes must be kept of the resolutions of the General Meeting, which must be signed by the chairman of the meeting and the keeper of the minutes.

§ 7 Executive Board

The Executive Board in accordance with Section 26 BGB consists of at least two and a maximum of five members, each of whom is individually authorized to represent the association.

The members of the Executive Board manage the business of the association in accordance with the Articles of Association and the resolutions of the General Meeting. They have equal rights and draw up their own rules of procedure within the framework of the association’s articles of association.

The Board of Directors decides on funding measures and the allocation of funds at the Board meeting. The members of the Executive Board are elected from among the ordinary members at the General Meeting for a term of three years. They remain in office after the end of their term of office until a new Management Board is appointed. If a member of the Board of Directors resigns prematurely, the remaining members of the Board of Directors are authorized to complete the Board of Directors on an interim basis until a new member is appointed by the next General Meeting.

§ 8 Data protection

1. as part of membership administration, the surname, first name, address, e-mail address and telephone number of members are collected, processed and stored. Surname, first name and e-mail address are passed on to members in a membership list, provided they give written assurance that they will not pass the data on to third parties.

2. in addition, the association publishes the data of its members internally and externally only after appropriate resolutions of the general meeting and excludes the data of members who have objected to publication.

§ 9 Dissolution, appropriation of the Association’s assets.

The dissolution of the association can only be decided at a general meeting convened specifically for this purpose. The resolution requires a majority of three quarters of the valid votes cast. Abstentions are not taken into account.

If the association is dissolved or if tax-privileged purposes cease to exist, the assets of the association shall be transferred to “Doctors without Borders e.V.” These must use the assets directly and exclusively for charitable or benevolent purposes.

Decided at the founding meeting on July 27, 2023 in Stuttgart.