(1)The association bears the name “Nezir”. It is to be entered in the register of associations and will thereafter bear the suffix “e.V.”.
(2)The association has its registered office in Cologne.
(3)The financial year is the calendar year.
(1)The association pursues exclusively and directly charitable purposes within the meaning of the section “Tax-privileged purposes” of the German Fiscal Code (Abgabenordnung).
(2)The association pursues the following purposes:
(3)The statutory purpose of supporting persons within the meaning of § 53 AO is realised in particular through financial, material and medical support for persons who are in an economic or personal emergency and who are in developing countries or countries affected by the effects of war or natural disasters.
(4)The statutory purpose of assisting refugees is realised in particular through financial, material and medical support for refugees in developing countries or countries affected by the effects of war or natural disasters, as well as by informing the public about the social grievances and the undignified situation of refugees in such crisis areas.
(5)The association may also realise its purposes by allocating funds to another body in Germany or abroad or to a legal entity under public law for the realisation of the tax-privileged purposes specified in paragraph 2 (§ 58 No. 1 AO). The allocation of funds to a body under private law with limited or unlimited tax liability requires that this body itself is tax-privileged. The allocation of funds to a body under private law that is neither subject to limited nor unlimited tax liability requires that it uses the funds for purposes that are tax-privileged in nature and that the legal form of the recipient abroad corresponds to a corporation, association of persons or pool of assets within the meaning of the KStG. In these cases, the association must ensure that the use of the funds by the body abroad can be sufficiently proven; the association's increased duty to cooperate with the tax office in matters involving foreign countries – the duty to clarify the facts and obtain the necessary evidence by exhausting the existing legal and actual possibilities – must be observed (§ 90 (2) AO).
(6)The association acts selflessly and does not primarily pursue its own economic purposes.
(7)The association's funds may only be used for the purposes set out in the statutes. Members do not receive any payments from the association's funds.
(8)No person may benefit from expenses that are alien to the purpose of the association or from disproportionately high remuneration.
(1)Any natural or legal person may become a member of the association.
(2)Applications for membership must be submitted in writing to the board. In the case of minors, the application must be submitted by their legal representatives. The board decides on the application at its own discretion. It does not have to give the applicant reasons for rejecting the application.
(3)On the proposal of the board, the general meeting may appoint members or other persons who have rendered outstanding services to the association as honorary members for life.
(1)Membership of the association ends upon death (in the case of legal entities upon their dissolution), withdrawal or exclusion.
(2)Withdrawal must be declared in writing to the board. Withdrawal can only be declared with three months' notice to the end of the financial year.
(3)A member may be excluded from the association by resolution of the general meeting if they:
The member must be given the opportunity to comment on the reasons for exclusion at the general meeting. These must be communicated to the member at least two weeks in advance.
(1)Every member has the right to use the association's facilities and to take part in joint events. Every member has equal voting and election rights at the general meeting.
(2)Every member has a duty to promote the interests of the association, in particular to pay their membership fees regularly and, as far as they are able, to support the life of the association through their participation.
(1)Each member must pay a monthly membership fee payable in advance.
(2)The amount of the admission fee and membership fees is determined by the general meeting.
(3)Honorary members are exempt from the admission fee and membership fees.
The bodies of the association are:
(1)The board consists of the chair and their deputy.
(2)The chair and their deputy represent the association jointly.
The board is responsible for all matters of the association unless they are assigned to another body of the association by the statutes. In particular, it has the following duties:
(1)The members of the board are elected individually by the general meeting for a period of two years. Only members of the association can be members of the board. Membership of the board ends with membership of the association. Re-election or early dismissal of a member by the general meeting is permitted. A member remains in office after the end of the regular term of office until their successor is elected.
(2)If a member leaves the board prematurely, the remaining members of the board are entitled to elect a member of the association to the board until the general meeting elects a successor.
(1)The board meets as required. Meetings are convened by the chair or, if the chair is unable to attend, by their deputy. A notice period of one week should be observed. The board has a quorum if at least two members are present. Resolutions are passed by a majority of the valid votes cast. In the event of a tie, the chair has the casting vote.
(2)The resolutions of the board must be recorded in minutes and signed by the chair and another member of the board.
The general meeting is responsible in particular for the following matters:
(1)An ordinary general meeting must be convened by the board at least once a year, preferably in the first quarter. The invitation is issued in writing with a notice period of two weeks, stating the agenda.
(1)The general meeting is chaired by the chair of the board or, if they are unable to attend, by their deputy and, if the deputy is also unable to attend, by a chairperson to be elected by the general meeting.
(2)The general meeting has a quorum if at least one third of all members of the association are present. If there is no quorum, the board is obliged to convene a second general meeting with the same agenda within four weeks. This meeting has a quorum regardless of the number of members present. This must be pointed out in the invitation.
(1)In the event of the dissolution of the association, the chair of the board and their deputy are jointly authorised liquidators, unless the general meeting appoints other persons.
(2)In the event of the dissolution or annulment of the corporation or the loss of tax-privileged purposes, the assets of the corporation shall pass to a legal entity under public law or another tax-privileged corporation for use in promoting development cooperation.
(3)The above provisions apply accordingly if the association is deprived of its legal capacity.
