Constitution of the association

This is only a rough english translation of the association constitution. You can download the original constitution here.

Constitution of the Verein zur Förderung der Filmkultur in Marburg e.V. (As of August 2022)
§ 1 Name, Registered Office, and Fiscal Year of the Association

(1) The association bears the name “Verein zur Förderung der Filmkultur in Marburg e.V.”
(2) The registered office of the association is Marburg.
(3) The association shall be registered in the register of associations at the Marburg District Court. Upon registration in the register of associations, it shall carry the addition “e.V.”
(4) The fiscal year of the association is the calendar year.

§ 2 Purpose of the Association

(1) The Verein zur Förderung der Filmkultur in Marburg e.V., based in Marburg, pursues exclusively and directly charitable purposes in the sense of the section “Tax-privileged purposes” of the Tax Code in its currently valid version.
(2) The purpose of the association is to promote art and culture by fostering the cultural asset of film in Marburg.
(3) The purpose of the statute is realized, in particular, through
(3.1) the organization of its charitable film-cultural events
(3.2) the allocation of funds to other tax-privileged charitable corporations, institutions, initiatives, or events committed to the charitable purpose of the association.

§ 3 Selflessness

(1) The association is active in a selfless manner and does not primarily pursue economic interests.
(2) Association funds may only be used for statutory purposes. No person may benefit from expenditures that are foreign to the purpose of the association or from disproportionately high remuneration.
(3) The work of the association is public.

§ 4 Membership

(1) Types of Membership

(1.1) Ordinary members can be natural persons who consider it their task to contribute to achieving the goals mentioned in § 2 of this statute through their work.
(1.2) Supporting members can be natural or legal persons who support the work of the association through a financial contribution but wish to be free from the rights and obligations of ordinary members in all other respects.

(2) The amount of the membership fees is determined by the general meeting. Membership fees for ordinary and supporting members can be set at different levels. Membership fees must be paid by March 31 of the current calendar year. Membership fees for the current calendar year are collected on a pro-rata basis.

(3) Membership is granted upon written application. Anyone interested in the realization of the association’s goals can become a member. The board decides on admission.

(4) Membership ends through

(4.1) Death.
(4.2) Resignation, which can only be declared in writing to the board.
(4.2) Formal expulsion, which can only be decided by a resolution of the general meeting.
(4.4) Expulsion, which can be pronounced by a resolution of the board if the membership fee is in arrears for at least one year without justification.

(5) Upon leaving the association, a member has no claim to the association’s assets.

(6) All ordinary members have the right to vote and the right to stand for election.

§ 5 Organs of the Association

The organs of the association are:
I. The general meeting,
II. The board,
III. the advisory board.

§ 6 General Meeting

(1) The regular general meeting shall be held annually, if possible, in the first quarter of the calendar year.
(2) The general meeting decides, in particular, on:
I. Amendments to the constitution,
II. the appointment and dismissal of board members and their discharge,
III. the amount and due date of membership fees,
IV. the expulsion of a member,
V. the dissolution of the association and the use of its assets.
(3) To prepare for the general meeting, proposals on the matters mentioned in paragraph 2 must be submitted to the board in writing, with a brief justification, at least one week before the meeting.
(4) Extraordinary general meetings are convened as needed. They must be convened within 30 days if the board wishes it or if at least one-tenth of the members, calculated according to the last annual report, requests it in writing. The provisions concerning the regular general meeting apply accordingly.

§ 7 Convocation of the General Meeting

(1) General meetings are convened by the board through simple letter or electronic mail. The agenda determined by the board must be communicated. The notice period is two weeks, calculated from the date of postal delivery or email transmission.
(2) The general meeting may change the agenda with an absolute majority of those present. Items for discussion according to § 6 (2) No. 1 to 5 cannot be added to the agenda at the general meeting.
(3) Decisions are made by a majority of the votes cast; in the event of a tie, the board decides. If one-third of those present request it, the vote must be taken by secret ballot.
(4) The general meeting is quorate if it has been convened in accordance with the articles of association. The general meeting decides by a simple majority. In case of a tie, the votes of the board members determine the outcome.
(5) Resolutions amending the articles of association or dissolving the association require a majority of two-thirds of the members. If such a quorum is not reached, a new general meeting must be convened. The decision will then be made by a simple majority of those present.
(6) Elections take place without discussion unless one-third of those present demands it. Voting is done with secret ballots; if there is no objection, a show of hands vote may also be conducted. A candidate is elected if they receive the majority of the votes cast; abstentions are not counted.
(7) Decisions of the general meeting are to be recorded in a protocol, indicating the place and time of the meeting and the result of the vote. The protocol is to be signed by the chairman of the meeting.

§ 8 Board of the Association

(1) The board of the association consists of up to 2 chairpersons. Both have individual representation authority.
(2) The board is elected by the general meeting for a term of 2 years. They remain in office until a new election takes place.

§ 9 Advisory Board

(1) The board appoints an advisory board for tasks serving the purpose of the association. It appoints its members and determines the scope of its activities.
(2) The advisory board consists of individuals who are particularly willing to advocate for the purposes of the association. Membership in the advisory board is not limited in time. The board can dismiss a member of the advisory board. The number of advisory board members is determined by the board.
(3) The advisory board elects a chairman from among its members. The term of office of the chairman of the advisory board is unlimited, but it ends with the election of a new chairman, which can take place at any time.
(4) The advisory board is convened by its chairman or the chairpersons of the board through simple letter or electronic mail. The notice period is one week. Members of the board are also notified. They may participate in the advisory board meetings. Furthermore, § 7 (3) sentence one and two of the articles of association apply accordingly.

§ 10 Use of Funds

(1) All funds of the association, such as membership fees, donations, contributions, proceeds from the association’s assets, etc., may only be used for the statutory purposes. The board ensures compliance with the tax regulations on the administration of assets of tax-privileged associations with charitable purposes.
(2) Members do not receive any profit shares and no other benefits from the association’s funds in their capacity as members.

§ 11 Dissolution and Amendment of Purpose

(1) In the event of dissolution or abolition of the association or if tax-privileged purposes cease to apply, the assets of the association shall be transferred to the non-profit Café Trauma e.V., which must use it exclusively and directly for the promotion of film culture.
(2) Members have no claim to the association’s assets upon leaving or dissolving the association, except for any repayment of loans or other claims that do not arise from membership.

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