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Statute of Berlin Balboa Weekend e.V.
§1 Name, place, accounting year
The association has the name “Balboa in Berlin”.
It has its place in Berlin and shall be registered in the register of associations and then holds the add-on “e.V.”.
The accounting year of the association is the calendar year.
§2 Purpose of the association
2.1 The purpose of the association is the promotion of art and culture. Particularly the cultivation, promotion and propagation of the US American and European Swing Culture, which originated in the 1930s and 40s and is enjoying a revival in modern times. This culture comprises – but is not restricted to – Swing Music, Swing Dance, fashion, as well as a certain attitude towards life.
2.2 The association wants to assist with the preservation and care of this culture and to contribute to its exploration and advancement.
2.3 The aim of statute is particularly realized by the organization through workshops, concerts, performances, dance classes, lectures about the topic, and dance events.
2.4 The association advances interpersonal relationships as well as cultural education in terms of lifelong learning.
§3 Benefit to the public
3.1 The association pursues, in line with §2 of this statute, exclusively and immediately purposes that are beneficial to the public, in terms of article “Tax-privileged purposes” of the tax code.
3.2 The association is operating altruistically; it does not primarily pursue its own economic purposes.
3.3 The funds of the association can only be used for the purposes of the statutory requirements. The members do not receive benefits from the funds or the association.
3.4 No person can be favoured through expenses that are extraneous to the purpose of the association, or through disproportionately high reimbursements.
3.5 Exiting members do not have any claims against the association for payments of the value of a share in the association’s assets.
3.6 After decision of the meeting of members the association is allowed to pay expense allowances according to §3 number 26a EStG (Discretionary allowance) to members of the executive board or members of other bodies.
§4 Membership acquisition
4.1 Besides the membership in the association there is a non-voting supporting membership. The supporting membership applies until the end of respective calendar year.
4.2 Every natural person can become a member of the association. Every natural or legal person can become a supporting member. The executive board decides on membership application, this task can also be delegated to a single member of the executive board. The admission can be rejected without any reason.
§5 Membership termination
a) by death of the member
b) by voluntary discharge
c) by removal from the membership list
d) by expulsion from the association
The voluntary discharge happens through a written statement towards a member of the executive board. It is only valid towards the end of a quarter year, adherent to a cancellation period of one month.
A member can be removed from the membership list by decision of the executive board if they are more than two months behind with the payment of the membership fee despite two reminders. The removal has to be communicated to the member in writing.
A member can be expelled from the association, in case they have grossly violated the interests of the association, through the decision of the meeting of members. Before the passing of the resolution, the member has to be given the chance to personally justify themselves. An eventual written statement of the person concerned has to be pronounced in the meeting of members.
§6 Membership fees
6.1 There is a contribution to be charged from the members. The amount of the contributions and their maturity are determined by the meeting of members.
6.2 Honorary members are exempted from the obligation to contribute.
§7 Bodies of the association
a. the executive board
b. the meeting of members
§8 The executive board
8.1 The executive board in terms of §26 BGB consists of
a. the 1st Chairperson
b. the 2nd Chairperson
c. the Secretary
d. the Treasurer
8.2 The association is represented both judicially and extrajudicially in each case by two members of the executive board collaboratively.
8.3 One person is not permitted to perform more than one executive board function at a time.
§9 Term of office of the executive board
9.1 The executive board is elected by the meeting of members for the duration of one year, calculated from the day of the election. However, they remain in office until the new election of the executive board.
9.2 In case an executive board member does resign during the term of office, the executive board chooses a replacement member (from among the association members) for the remaining term of office of the resigned member.
§10 Decision-making process of the executive board
The executive board takes its decisions in general in board meetings which are convened by the 1st Chairperson or 2nd Chairperson in writing, by telephone or telegraph. In every case the convocation period of three days has to be maintained. A communication of the agenda is not necessary. The executive board has a quorum when at least two executive board members, including the 1st Chairperson or the 2nd Chairperson, are present. When taking decisions the majority of the submitted valid votes decide. In case of a tie the vote of the head of the board meeting is deciding.
The board meeting is conducted by the 1st Chairperson, in their absence by the 2nd Chairperson. The decisions of the executive board must be recorded in minutes for evidence purposes and have to be signed by the Chairperson of that meeting.
A decision by the executive board can be taken in writing or by telephone if all board members declare their consent with the ruling to be made.
§11 The meeting of members
11.1 In the meeting of members each attending member has one vote.
11.2 The meeting of members is especially responsible for the following matters:
a. Acceptance of the annual report of the executive board; discharge of the executive board
b. Arrangement of the amount and maturity of the fee
c. Election and dismissal of the executive board members
d. Taking of decisions about modifications of the statute and about the liquidation of the association
§12 The convening of the meeting of members
12.1 The regular general meeting should be held at least once a year. It is convened in writing by the executive board by complying with a notice period of two weeks, by indicating the agenda. The notice period starts with the workday following the dispatch of the invitation. The invitation letter is deemed to be received by the member when it is addressed to the latest address that has been stated to the association in writing by the member. An Email address as contact address is thereby sufficient. The agenda is set by the executive board.
§13 Decision-making process of the meeting of members
13.1 The meeting of members is conducted by the 1st Chairperson, in their absence by the 2nd Chairperson or another executive board member. In case there is no attending executive board member, the meeting of members designates a Chairperson.
13.2 The minutes are taken by the Secretary. If they are not attending, the Chairperson of the meeting designates a minute keeper.
13.3 The type of voting is determined by the Chairperson of the meeting. The voting has to be carried out in writing, if this is requested by one third of the voting members who are attending the voting.
13.4 The meeting of members is not open to the public. The Chairperson of the meeting can admit guests. The meeting of members decides about the admission of the press, broadcast and television.
13.5 Each duly convened meeting of members is quorate, independently of the number of members attending.
13.6 The meeting of members generally takes all decisions by a simple majority of the valid votes cast; abstentions are therefore not taken under account. Amendments of the statute (including the purposes of the association) however, require a majority of three-quarters of the valid votes cast, the liquidation of the association requires a majority of four-fifths of such.
For the votings the following applies: If after the first round of elections no candidate has reached the majority of the valid votes cast, then a run-off election is held between the two candidates who have received the most votes.
13.7 Decisions taken by the meeting of members have to be recorded in minutes which have to be signed by the Chairperson of the meeting and the secretary. They should contain the following statements: place and time of the meeting, the person who chaired the assembly and the person who took the minutes, the number of attending members, the agenda, the results of the individual votes and the type of voting. In case of amendments of the statute the changed regulations have to be listed in detail.
§14 Extraordinary general meetings
The executive board can convene an extraordinary meeting of members at any time. It has to be convened when it is required by the interests of the association or when it is requested of the executive board by one quarter of all members in writing stating the purpose and the reasons. For an extraordinary general meeting the §§ 11, 12 and 13 shall apply respectively.
§16 Liquidation of the association and allottees
16.1 The liquidation of the association can only be decided in a general meeting with the voting majority defined in §13. Unless the meeting of members decides otherwise, the 1st Chairperson and the 2nd Chairperson will be jointly authorized liquidators. The above rules will also be valid in case the association will be liquidated due to another reason or loses its legal capacity.
16.2 Upon liquidation of the association or upon obsoleteness of the non-profit purpose the association’s wealth shall be transferred to the “Turngemeinde in Berlin 1848 e.V.” which shall use it directly and exclusively for non-profit purposes.
The updated statute was decided in the extraordinary general meeting on January 21st 2016 in Berlin.