Statute of the NGO
Business Makes Sense - Society for sustainable global development e.V.
§ 1 Name, domicile and fiscal year
The NGO utilizes the name “Business Makes Sense- Society for sustainable global development e.V.
§ 2 Goal and purpose
The NGO strives exclusively and immediately for charitable purposes in order to ensure the section “tax relieved purposes” of the German Tax Code.
The NGO has the purpose of implementing development cooperation in developing countries, with immaterial and material support for (humanitarian) organizations. Purpose is also the procurement and partial contribution of funds according to § 58 German Tax Code for the realization of the purposes mentioned in the preceding paragraphs.
The NGO is selflessly active; it does not primarily pursue its own economic well being. All revenue or yield the association makes are - after covering its costs- for charitable purposes, that are part of the NGO's function. The members, in the case of a resignation or the dissolution of the NGO have no right to the assets of the association.
§ 3 Members
Natural and judicial persons can acquire a membership. The board of directors is in charge of accepting members, after it has received a written application. Resigning from the NGO membership is only possible at the end of the fiscal year, through a written resignation.
A member can be expelled from the NGO if,
- he/her violates the statute obligations,
- the member deliberately acts against the purposes of the association or harms its reputation,
- if a different important reason is given for the exclusion.
The board of directors decides over the exclusion of a member. The member is to be notified in writing about his exclusion. The member’s obligations apply to the end of the fiscal year in which the member left the association, no matter if the member resigned, was expelled or passed away.
§ 4 Bodies of the NGO
Bodies of the NGO are:
- The board of directors
- The general assembly
§ 5 The board of directors
The board of directors of the NGO is made up of the chairperson, the deputy chairperson, the treasurer and the secretary. The board of directors is voted by the general assembly, for a term of two years. Candidates for the board must be natural members of the NGO. The term of the board members concludes in the general assembly, in which a new board is voted. Members of the board, can be voted to serve another term. If a member of the board of directors is expelled or leaves the NGO before his term is over, an election to replace this member must take place during the next general assembly. The board of directors decides on its resolutions with simple majority. It is capable of deciding on a resolution if at least 3 members of the board are present. The chairperson, deputy chairperson and the treasurer are legal representatives of the NGO (§ 26 BGB). For representation of the NGO in legal transactions, two of these members of the board must be present. The board sessions are summoned by either the chairperson, or in his absence the deputy chairperson. Every member of the board has the right to demand, and then receive a session within two weeks. The management of the NGO can be appointed by the board of directors, to a member of the board, a member of the NGO or a third party. If the manager of the NGO is not a member of the board of directors, then he can only participate in the board sessions with an advising function.
Upon the decision of the Board of Directors, the Board members/the Chairperson/president or CEO can receive an appropriate allowance, if he or she volunteers for the NGO.
§ 6 General assembly
The general assembly is summoned by the chairperson of the board of directors. The summoning is conducted by writing according to the agenda, with a deadline of at least one week. At least one general assembly must be held per year. The position of chairperson is taken by the chairperson of the board of directors, in the instance of his absence, the deputy chairperson. To decide on a resolution the majority of the present members of the NGO must be in favor of its passing. The results of the general assembly’s debate must be written down in a transcript, signed by the chairperson of the general assembly and another member of the board of directors. In the general assembly every voting member has a say.
The general assembly is particularly responsible for the following matters:
- Acceptance of the annual report of the board of directors.
- Exoneration of the board of directors.
- Acceptance of the treasurer’s report.
- Deciding on the amount and due dates of annual contributions.
- The voting and recall of members of the board of directors.
- Advice through requests for admission or the exclusion of members.
- The approval, rejection or adoption of the work plan for the current year.
- Resolutions on how the funds of the NGO are used.
- iResolution about amendments to the statute and the liquidation of the NGO.
§ 8 Application of surpluses
Funds of the NGO are only to be used for statutory purposes. The members receive none of the funds of the NGO. The NGO can not remunerate a person through expenditure that are not of statutory purpose.
In the case of liquidation of the NGO or the loss of tax-privileged purposes, the NGO funds go to the Don Bosco Mondo e.V., that must immediately and exclusively use it for tax-privileged purposes.
The members have no claim to the NGO's assets or parts of the assets.
§ 9 Liquidation of the NGO
The liquidation of the NGO results after a resolution of the general assembly. The NGO's resolution is decided by a majority of 3/4 of the votes.
Signature, Chairperson, Simon Becker
Signature, Deputy Chairperson, Thomas Andjelkovic
Signature, Treasurer, Sonja Andjelkovic