(1) The organization is named "Nezir." It shall be registered in the association register and will thereafter carry the addition "e.V." (registered association).
(2) The organization is headquartered in Dormagen.
(3) The financial year is the calendar year.
(1) The organization exclusively and directly pursues charitable purposes as defined in the section "Tax-privileged purposes" of the Fiscal Code.
(2) The organization pursues the following purposes:
(3) The statutory purpose of supporting individuals as defined in § 53 of the Fiscal Code is particularly achieved through financial, material, and medical assistance to individuals who are in an economic or personal emergency situation and are located in developing countries or countries affected by war or natural disasters.
(4) The statutory purpose of assisting refugees is particularly achieved through financial, material, and medical support for refugees in developing countries or countries affected by war or natural disasters, as well as through raising public awareness about the social injustices and the inhumane conditions of refugees in such crisis areas.
(5) The organization can also achieve its purposes by donating funds to another corporation, either in Germany or abroad, or to a legal entity under public law, for the realization of the tax-privileged purposes mentioned in paragraph 2 (§ 58 No. 1 of the Fiscal Code). The donation of funds to a privately-owned corporation, whether tax-limited or unlimited, requires that the recipient itself is tax-privileged. A donation of funds to a private legal entity, which is neither tax-limited nor unlimited, requires that the funds are used for purposes that are, by nature, tax-privileged, and that the legal form of the recipient in a foreign country corresponds to a corporation, association of persons, or asset pool under the German Corporation Tax Act (KStG). In such cases, the organization must ensure that the use of the funds by the foreign entity can be adequately documented; the increased duty of cooperation of the organization—requiring clarification of the facts and obtaining the necessary proof to the fullest extent of existing legal and factual possibilities—must be observed in relation to the tax office in cases involving foreign matters (§ 90 Abs. 2 AO).
(6) The organization is non-profit and does not primarily pursue economic self-interest.
(7) The organization's funds may only be used for the statutory purposes. The members shall not receive any benefits from the organization's funds.
(8) No person shall be advantaged by expenditures that are unrelated to the purpose of the organization or by disproportionately high compensations.
(1) Any natural or legal person can become a member of the organization.
(2) Membership in the organization must be applied for in writing to the board. In the case of minors, the application must be submitted by their legal representatives. The board decides on the membership application at its discretion. The board is not required to provide reasons for rejecting the application.
(3) Upon the board's proposal, the general meeting can appoint members or other individuals who have rendered exceptional service to the organization as honorary lifetime members.
(1) Membership in the organization ends upon death (in the case of legal entities, with their dissolution), resignation, or expulsion.
(2) Resignation must be declared in writing to the board. The resignation can only be declared with a notice period of three months to the end of the fiscal year.
(3) A member can be expelled from the organization by a resolution of the general meeting if they:
(1) Each member shall have the right to use the association’s facilities and participate in joint events. Every member shall have equal voting and election rights at the members’ meeting.
(2) Each member shall be obligated to promote the interests of the association, in particular to pay membership fees regularly and, to the best of their ability, support the association’s activities through their participation.
(1) Each member shall pay a monthly membership fee, which is due in advance.
(2) The amount of the admission fee and membership dues shall be determined by the General Assembly.
(3) Honorary members shall be exempt from both the admission fee and membership dues.
(1) The Board of Directors shall consist of the Chairman and his Deputy.
(2) The Chairman and his deputy shall jointly represent the Association.
(1) The members of the Executive Board are elected individually by the General Meeting for a term of two years. Members of the Board of Directors may only be members of the Association. Membership of the Executive Board ends with membership of the Association. Re-election or premature dismissal of a member by the General Meeting is permitted. A member remains in office after expiry of the regular term of office until the election of his or her successor.
(2) If a member leaves the Board of Directors prematurely, the remaining members of the Board of Directors are entitled to elect a member of the Association to the Board of Directors until the election of a successor by the General Meeting.
(1) The Board of Directors shall meet as required. Meetings are convened by the Chairman or, if he is unable to do so, by his deputy. A notice period of one week should be observed. The Board of Directors is quorate 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 Chairman has the casting vote.
(2) The resolutions of the Board of Directors must be recorded in minutes and signed by the Chairman and another member of the Board of Directors.
(1) At least once a year, if possible in the first quarter, the Executive Board shall convene an ordinary General Meeting. The meeting shall be convened in writing, giving two weeks' notice and stating the agenda.
(1) The General Meeting shall be chaired by the Chairman of the Board of Directors or, if he is unavailable, by his deputy or, if he is unavailable, by a chairperson to be elected by the General Meeting.
(2) The General Meeting shall constitute a quorum if at least one third of all Association members are present. If there is no quorum, the Executive Board is obliged to convene a second General Meeting with the same agenda within four weeks. This shall constitute a quorum regardless of the number of members present. This must be indicated in the invitation.
(1) In the event of the dissolution of the Association, the Chairman of the Executive Board and his deputy are jointly authorised liquidators, unless the General Meeting appoints other persons.
(2) In the event of the dissolution or cancellation of the corporation or the discontinuation of tax-privileged purposes, the assets of the corporation shall be transferred to a legal entity under public law or another tax-privileged corporation for the purpose of promoting development cooperation.
(3) The above provisions shall apply accordingly if the legal capacity of the association has been withdrawn.
