Constitution (1st Amendment)
1. Name and Location
The association bears the name New Hope and Light e.V.
The registered office of the association is Berlin.
It is registered in the association register at the Local Court Berlin-Charlottenburg.
2. Fiscal Year
The fiscal year is the calendar year.
3. Purpose of the Association
The association exclusively and directly pursues the following charitable purposes within the meaning of the section “Tax-privileged Purposes” of the German Fiscal Code (Abgabenordnung):
a) Promotion of youth welfare by supporting children and young people in their development towards sustainable, independent personalities;
b) Promotion of education, popular and vocational training;
c) Promotion of international understanding and tolerance in all areas of culture and the idea of international understanding between countries of the North and the South;
d) Promotion of development cooperation
For purposes a) and b): The promotion of youth welfare in connection with the promotion of education is carried out by organizing and conducting various activities (workshops, seminars, conferences, excursions) with a focus on Education for Sustainable Development (ESD).
In all activities of the association, the concept of “Global Learning” is pursued, which involves providing children and young people with a realistic and responsible overall picture of the world and enabling them to take individual self-responsibility and responsibility for shaping societal coexistence in their everyday lives. The emphasis of this work is in the extracurricular field.
For purpose c): The promotion of international understanding, tolerance, and intercultural understanding is achieved through the organization and implementation of cultural exchange projects in Berlin and Germany, as well as in countries of the South, with active participation of people of different ethnic and cultural backgrounds. The organization and implementation of workshops, exhibitions, conferences, and the publication of corresponding documentation aim at shaping societal coexistence in Germany with active participation, especially of African diaspora communities and members of the majority society. Here, too, the association operates according to the concept of “Global Learning.” The target groups of the association’s work are children, young people, and adults from the communities and the majority society. In the field of cultural exchange, the association collaborates with schools, universities, and youth and neighborhood facilities.
For purpose d): The promotion of development cooperation is carried out by conceiving, organizing, and implementing projects of sustainable development work in countries of the South with the support of organizations from Germany and in collaboration with local organizations. In terms of content, these projects aim to support those in need locally by promoting popular and vocational education for children and young people in countries of the South, especially in the countries of origin of the local African diaspora communities.
The educational work integrated into the development projects also follows the concepts of Education for Sustainable Development and Global Learning.
4. Nonprofit Status, Use of Funds
The association is altruistically active; it does not primarily pursue economic purposes. The funds of the association may only be used for statutory purposes. Members receive no remuneration from the funds of the association. No person may be favored by expenses that are foreign to the purpose of the association or by disproportionately high remuneration. The association is non-partisan and not tied to any denomination.
5. Acquisition of Membership
Association members can be natural persons or legal entities.
The application for membership must be made in writing. The board decides on the membership application. The rejection of the membership application does not require justification. In the event of the rejection of an application for membership, the applicant can appeal to the general meeting. This decides conclusively and finally. There is no legal entitlement to admission as a member.
6. Termination of Membership
Membership ends with the death of the member or, in the case of a legal entity, with its dissolution by voluntary withdrawal by exclusion.
Withdrawal is by written declaration to a representative member of the board. The written notice of withdrawal must be submitted to the board with a notice period of 6 weeks, always at the end of the fiscal year. There is no refund of already paid membership fees.
Exclusion can only occur for important reasons. Important reasons include, in particular, behavior harmful to the association’s goals, the violation of statutory duties, or arrears of contributions of at least one year. The board decides on the exclusion.
The member has the right to appeal the exclusion to the general meeting, which must be submitted in writing to the board. The member is to be given the opportunity to comment, stating the accusations made. The general meeting decides conclusively on the exclusion with immediate effect.
7. Contributions
Members have to pay an annual fee. The amount of the contributions and their due date is determined by the general meeting. Details are regulated by a contribution order to be decided by the general meeting.
8. Organs of the Association
Organs of the association are;
- the general meeting
- the board
- the office
9. General Meeting
The general meeting is the highest governing body of the association. Its tasks include, in particular:
- the election and removal of the board,
- exoneration of the board,
- receipt of reports from the board and the auditors,
- determination of contributions and their due date,
- decision on changes to the constitution,
- decision on the dissolution of the association,
- decision on admission and exclusion of members in appeal cases
as well as other tasks, insofar as these arise from the constitution or according to the law.
The general meeting is convened by the board in writing, by post or electronically via email, with a notice period of two weeks and stating the agenda. The period begins on the day following the dispatch of the invitation letter. The invitation letter is considered to have been received by the members if it is addressed to the last known address/email address of the association.
The agenda is to be supplemented if a member requests this in writing no later than one week before the scheduled date. The supplement is to be announced at the beginning of the meeting.
Proposals regarding the removal of the board, changes to the constitution, and the dissolution of the association, which have not already been communicated to the members with the invitation to the general meeting, can only be decided at the next general meeting.
The general meeting is quorate if one-third of the members are present. The general meeting is chaired by a board member.
At the beginning of the general meeting, a secretary is to be elected.
For votes, the simple majority of the votes cast decides. Amendments to the constitution and the dissolution of the association can only be decided with a majority of 2/3 of the members present.
Abstentions and invalid votes are not taken into account. In the case of a tie, a proposal is considered rejected.
Minutes of the resolutions of the general meeting are to be drawn up, which must be signed by the chairman and the secretary.
Every member has the right to submit proposals. These proposals must be submitted to the board in writing and with reasons one week before the general meeting.
The board is obliged to convene an extraordinary general meeting if at least one-third of the members request this in writing, stating reasons.
10. Rights and Duties of Members
Each member has one vote in the general meeting. The voting right can only be exercised in person or by another member with a written power of attorney for proxy voting.
All members are required to promote the interests of the association and also have the duty to regularly attend meetings.
Each member is obliged to pay the membership fee set by the general meeting on time.
Members are obligated to advocate for the goals of the association and to fulfill the tasks assigned to them diligently and to the best of their abilities.
Members have the right to information about matters within the scope of the association’s tasks. The rights of a member are suspended if they have not paid their contribution for more than 6 months through their own fault.
11. Board
The board within the meaning of § 26 BGB consists of the 1st and 2nd chairpersons and the treasurer. They represent the association in and out of court. Each two board members are jointly authorized to represent.
The board is elected by the general meeting for a period of two years. Board members can only be re-elected. The board remains in office until a new board is elected.
Upon termination of membership in the association, the office also ends.
The board can appoint a managing director according to §30 BGB.
12 Office
The board appoints a managing director according to §30 BGB. The managing director manages the office of the association. The managing director is authorized to manage the ongoing business of the association’s office.
12.1 Audit
(1) Two auditors are elected together with the board. The term of office of the auditors corresponds to that of the board.
(2) The auditors have to check the proper management of the cash and books as well as the statutory and economical use of the association’s financial resources by the other organs of the association at least once a year. The result of this audit is to be submitted to the general meeting for confirmation.
(3) The auditors are entitled to give recommendations to the organs of the association or, if necessary, to impose requirements.
13 Dissolution of the Association and Use of the Association’s Assets
The dissolution of the association is decided by the general meeting with a three-quarters majority.
Liquidation takes place, unless the general meeting decides otherwise, by the last serving board.
Members of the association may not receive shares of the association’s assets upon their departure or the dissolution of the association.
In the event of dissolution or abolition of the association or the loss of tax-privileged purposes, the assets fall to a legal entity under public law or another tax-privileged corporation, which has to use the assets received directly and exclusively for the following tax-privileged purposes:
the promotion of international understanding and tolerance in all areas of culture and the idea of international understanding between countries of the North and the South.
14. Legal Venue
Place of performance and legal venue is the registered office of the association.
This constitution is a resolution of the general meeting dated 08/05/2021. The accuracy and completeness according to § 71 para. 1 sentence 4 BGB is assured.
Date: Signature: Berlin,
08/05/2021 The Board
