Statutes for met4a e.V. / Medical Education and Training for Africa
§ 1
The association bears the name “Medical Education and Training for Africa”. It is to be entered in the register of associations; after registration, the name shall be “Medical Education and Training for Africa e. V.”
The association’s headquarters are in Remscheid.
§ 2
The financial year is the calendar year
§ 3
The association exclusively and directly pursues non-profit and charitable purposes within the meaning of the section “Tax-privileged purposes” of the German Fiscal Code. The purpose of the association is the education, advanced training and further training of doctors and medical specialists with the aim of sustainably promoting public health in the project countries in Africa. In addition, humanitarian medical aid can be provided there.
§ 4
The association is a non-profit organization; it does not primarily pursue its own economic interests.
§ 5
The association’s funds may only be used for statutory purposes. The members do not receive any payments from the association’s funds.
§ 6
No person may be favored by expenses that are foreign to the purpose of the association or by disproportionately high remuneration.
§ 7
Natural persons who have reached the age of 18 or legal entities from Germany and abroad can become members of the association. The application for membership must be submitted in writing (by post or electronically) to the board of directors. The latter decides on the application for membership.
In the event of a rejection, which does not require justification, the applicant has the right to appeal to the general meeting, which then makes a final decision.
§ 8
Membership ends through resignation, exclusion, death or dissolution of the legal entity.
Resignation is effected by means of a written declaration to a member of the executive board authorized to represent the association. The written (sent by post or electronically) declaration of resignation must be declared to the executive board with a notice period of one month to the end of the financial year.
Exclusion can only take place for an important reason. Important reasons are, in particular, conduct that is detrimental to the association’s objectives, the violation of statutory duties or contribution arrears of at least one year. The executive board decides on the exclusion. The member has the right to appeal against the exclusion to the general meeting, which must be sent to the executive board in writing within one month. The general meeting makes a final decision within the framework of the association.
The member reserves the right to have the measure reviewed by appealing to the ordinary courts. The appeal to an ordinary court has suspensive effect until the legal validity of the court decision.
§ 9
Contributions are collected from the members in the 3rd quarter of each year. The amount of the contribution is determined by the general meeting. Payment is made by direct debit or bank transfer. In the year of admission to the association, the member must pay the full annual contribution.
§ 10
The organs of the association are the general meeting and the executive board.
§ 11
The general meeting is the supreme body of the association. Its tasks include in particular the election and dismissal of the executive board, the discharge of the executive board, the receipt of the reports of the executive board, the election of two auditors (m/f), the determination of contributions and their due date, the resolution on the amendment of the statutes, the resolution on the dissolution of the association, the decision on the admission and exclusion of members in cases of appeal as well as other tasks, insofar as these arise from the statutes or according to the law.
An ordinary general meeting takes place in the second quarter of each financial year.
The executive board is obliged to convene an extraordinary general meeting if at least one third of the members request this in writing (sent by post or electronically), stating the reasons.
The general meeting is convened by the executive board in writing (sent by post or electronically) with a notice period of one month, stating the agenda. The period begins on the day following the dispatch of the letter of invitation. The letter of invitation is deemed to have been received by the members if it was sent to the last address known to the association. The agenda is to be supplemented if a member requests this in writing (sent by post or electronically) no later than one week before the scheduled date. The supplement must be announced at the beginning of the meeting.
Motions concerning the dismissal of the executive board, the amendment of the statutes and the dissolution of the association, which have not already been received by the members with the invitation to the general meeting, can only be decided at the next general meeting.
The general meeting has a quorum regardless of the number of members present.
The general meeting is chaired by a member of the executive board.
A secretary must be elected at the beginning of the general meeting.
Each member has one vote. The vote can only be exercised personally or for a member upon presentation of a written (sent by post or electronically) power of attorney.
In the event of votes, the simple majority of the votes cast decides. Amendments to the statutes and the dissolution of the association can only be decided with a majority of 2/3 of the members present in person.
Abstentions and invalid votes are disregarded.
Minutes must be taken of the resolutions of the general meeting, which must be signed by the chairman of the meeting and the secretary.
§ 12
The executive board within the meaning of § 26 BGB consists of the 1st and 2nd chairmen and the treasurer. These three persons are hereinafter referred to as the executive board. They represent the association in and out of court. Two members of the executive board represent the association jointly.
The executive board has in particular the following tasks: Convening and preparing the general meeting, executing resolutions of the general meeting and preparing the budget.
The executive board is elected by the general meeting for a term of two years. Only members of the association can become members of the executive board. Re-election is permitted. Employees of the association cannot be elected to the executive board. Candidates for election to the executive board can also be elected to the executive board in absentia, provided that a written (sent by post or electronically) declaration of consent of the candidate is available to the general meeting on the day of the election.
Nominations from members entitled to vote for candidates for the executive board can be submitted in writing (by post or electronically) to the executive board no later than one week before the general meeting.
Members entitled to vote who do not personally participate in the election of the executive board can transfer their voting rights by granting a power of attorney to another member of the association who is not a member of the acting executive board in writing (sent by post or electronically).
The executive board can give itself rules of procedure. It performs its duties on an honorary basis.
The executive board remains in office until a new executive board has been elected.
The office on the executive board also ends when membership in the association ends.
If a member of the executive board leaves prematurely, a successor must be elected at the next general meeting for the remaining term of office of the departing member.
§ 13
The executive board can propose the establishment of a technical or scientific advisory board to the general meeting. This advisory board may comprise a maximum of ten persons who are members of the association and as such have active and passive voting rights. They are elected by the general meeting with a simple majority. Members entitled to vote who do not personally participate in the election of the advisory board can transfer their voting rights to another member of the association in writing (by post or electronically) by granting a power of attorney. Employees of the association cannot be elected to the advisory board.
Nominations from members entitled to vote for candidates for the advisory board can be submitted in writing (by post or electronically) to the executive board no later than one week before the general meeting.
Candidates for election to the advisory board can also be elected to the advisory board in absentia, provided that a written (sent by post or electronically) declaration of consent of the candidate is available to the general meeting on the day of the election.
§ 14
The executive board can appoint a managing director for the business of the current administration. This person is entitled to participate in the meetings of the executive board in an advisory capacity.
§ 15
(1) The general meeting elects two auditors for a term of two years. These may not be members of the executive board or the advisory board and may not be employees of the association. Re-election is permitted.
Members entitled to vote who do not personally participate in the election of the auditors can transfer their voting rights to another member of the association who is not a member of the acting executive board in writing (by post or electronically) by granting a power of attorney.
Nominations from members entitled to vote for candidates for the auditors can be submitted in writing (by post or electronically) to the executive board no later than one week before the general meeting.
Candidates for election as auditors can also be elected as auditors in absentia, provided that a written (sent by post or electronically) declaration of consent of the candidate is available to the general meeting on the day of the election.
If an auditor resigns during his/her term of office or is permanently prevented from carrying out the audit, the executive board can appoint a substitute auditor who is not related to a member of the executive board and may not be an employee of the association. If the executive board does not find a substitute auditor, it is entitled to appoint an external tax consultancy or auditing firm as the second auditor.
(2) The audit includes the examination of:
- the cash register,
- the account balances of the association accounts,
- compliance with the budget in terms of the amount and content of the individual items,
- the correctness and completeness of the receipts,
- the proper booking of the transactions,
- the clarity of the comparison of income and expenses
(3) The audit takes place at least once per financial year, no later than four weeks before the general meeting in which the discharge of the executive board is to be decided. The executive board organizes the proper and timely execution of the audit. The result of the audit is presented to the members at the general meeting. The auditors inform the executive board immediately if they discover irregularities, serious errors or violations of the statutes.
§16
Data protection
(1) By joining the association, the member agrees that personal data required for the administration of the membership may be stored by the association Medical Education and Training for Africa e.V.: address (postal, e-mail), age, profession, bank details, each member of the association is assigned a membership number.
(2) Personal data is stored in the existing association’s own EDP system. They are the sole responsibility of the first and second chairmen and the treasurer.
(3) The personal data will be used exclusively for association purposes. These include in particular the administration of members and data required for the planning and implementation of project assignments.
(4) The personal data is protected by suitable technical and organizational measures against being accessed and used without authorization by third parties.
Should the association conclude a cooperation agreement with other associations or aid organizations, the transmission of personal data may be necessary (name, telephone number, e-mail address).
A member can object to this transmission; in the event of an objection, his personal data will be deleted in the documents to be transmitted.
In the context of the planning and implementation of project assignments, the association collects personal data (name, age, addresses (postal and e-mail), bank details, photos) of project participants who are not members of the association. The internal processing, the transfer to association members and other non-association members, as well as the publication of this data only takes place if this is necessary to fulfill the association’s purposes. A non-association member affected by this can object to this procedure; in the event of an objection, the internal processing and/or the transfer to association members or other non-association members and/or the publication of personal data will not take place.
Other information about the members and information about non-members is generally only collected, processed or used by the association if it is useful for promoting the association’s purpose (e.g. storage of telephone numbers and e-mail addresses of individual members). Such use is excluded if the data indicates a particular interest worthy of protection that conflicts with the processing or use.
In the interest of its members, the executive board announces project results and special events of the association’s life. Certain personal data of members may be published in the association’s magazine, in the electronic newsletter, on the homepage or through lectures at executive board meetings and general meetings. The individual member can object to such publication of his data at any time to the executive board and object to further publications in total or only for certain publication processes.
To exercise the statutory rights, the executive board can grant other members access to the list of members if they have a legitimate interest, against the written assurance that the addresses will not be used for other purposes.
When a member leaves the association or when membership ends, the member’s name, address data, year of birth and other personal data are deleted from the member administration. Exception: Personal data of the resigning member that concerns the cash management will be kept in accordance with the tax regulations for up to ten years from the written confirmation of the resignation by the executive board.
17 §
In the event of dissolution or cancellation of the association or in the event of discontinuation of tax-privileged purposes, the assets of the association shall be transferred to the tax-privileged association German Doctors e. V., Bonn, which shall use them directly and exclusively for non-profit purposes.
Remscheid, July 7, 2018
