Statutes of Sea-Eye e.V. (registered charity)
- 1 Name, headquarters, registration, business year
(1) The name of the organisation is Sea-Eye e.V.
(2) The organisation has its headquarters in Regensburg, Germany.
(3) The organisation is registered in the German register of charities.
(4) The organisation’s business year equals the calendar year.
- 2 Purpose of the organisation
The purpose of the organisation is to rescue persons in distress at sea and provide emergency support to refugees. This purpose is met by undertaking search and rescue (SAR) of persons in distress at sea.
- 3 Charitable aims
The organisation exclusively and directly pursues non-profit-making aims according to the “Tax-deductible purposes” section of the German tax law. The organisation acts in the interests of charitable aims; it does not primarily pursue profit-making aims. The funds and assets of the organisation may only be used for the purposes defined by these statutes. In their capacity as members, the members do not receive any payment from the organisation’s funds.
(1) Any natural person or legal entity supporting the organisation’s aims can become a member of the organisation.
(2) The Committee decides on all applications for membership.
(3) Membership ends through withdrawal, exclusion or death.
(4) The withdrawal of a member is possible at any time. It is done with immediate effect by written declaration to the Chairman.
(5) If a member seriously violates the aims and interests of the organisation or does not pay the membership fee during 12 consecutive months despite a reminder, the Chairman may exclude the member with immediate effect.
Preceding the decision to exclude a member, the member must be granted the opportunity of a hearing or statement.
The decision may be appealed within 10 days after receipt of the written decision to exclude a member. The subsequent General Meeting will take a final decision.
- 5 Fees
The annual membership fee is € 50. The full amount is to be paid also for the remaining part of an ongoing year. There is no partial reimbursement on withdrawal from the organisation.
In exceptional cases, the General Meeting may retrospectively waive the membership fee for the preceding period of time. The fee is to be paid independently into the organisation’s account, quoting “Mitgliedsbeitrag20_”.
Fees are paid according to a decision of the General Meeting. In order to fix the amount and due date of the fees, a simple majority of the members of the organisation who are entitled to vote is needed in the General Meeting.
- 6 Organs of the organisation
The organs of the organisation are
(a) The Committee;
(b) The General Meeting.
- 7 The Committee
(1) The Committee consists of two members. It represents the organisation in court and in other circumstances. Both Committee members may represent the organisation on their own.
(2) The Committee is elected by the General Meeting for one year. A re-election of the Committee members is possible. The Chairman is appointed by the General Meeting during a special vote. After the end of their period of office, the incumbent Committee members remain in office until their successors have been elected.
(3) The Committee is in charge of the day-to-day business of the organisation. In particular, it may appoint a Secretary for the business of the current administration. He/she has the right to participate in the meetings of the Committee in a consultative capacity.
(4) Committee meetings take place at least once a year. The written invitation to the Committee meeting is sent by post at least 7 days before the meeting.
(5) The Committee takes its decisions by simple majority.
(6) In case of urgency, Committee decisions may be taken in writing or by telephone, if all Committee members agree to this procedure by letter or telephone. Committee decisions that are taken in writing or by telephone are to be put in an official document to be signed by the Committee members.
- 8 The General Meeting
(1) The General Meeting is to be convened once a year.
(2) An extraordinary General Meeting is to be convened if this is considered necessary in the interests of the organisation, or when 1/10 of the organisation’s members request it in writing, stating the purpose and reasons.
(3) The General Meeting is convened by postal letter at least one week beforehand. The invitation includes the agenda of the meeting. The period of one week begins on the day after the invitation has been posted. The invitation is considered to have been received by the member if it was sent to the member’s last address as provided in writing to the organisation.
(4) The General Meeting is the highest decision-making organ of the organisation and is in charge of all tasks, unless a task has been transferred to another organ through these statutes. The annual accounts and the annual report on decisions concerning permission for the Committee to function and discharge of the Committee in respect of its management must be presented to the General Meeting. The Meeting employs two auditors, who belong neither to the Committee nor to a body appointed by the Committee and who are not employees of the organisation, in order to verify the accounts, including the annual closure of the accounts, and to report on the results of the General Meeting.
The General Meeting also decides on
(a) Waiving of fees;
(b) Tasks of the organisation;
(c) Purchase, sale and mortgage of property;
(d) Involvement in companies;
(e) Taking up loans over € 5,000;
(f) Approval of all standing orders on all aspects of the organisation;
(g) Membership fees;
(h) Amendments of the statutes;
(i) Dissolving of the organisation.
(5) Every lawfully convened General Meeting is considered to have a quorum, irrespective of the number of members present. Each member has one vote.
(6) The General Meeting takes its decisions by simple majority. In the event of a tied vote, the request is considered denied.
- 9 Reimbursements
(1) Members are entitled to reimbursement of the costs that they incur during their work for the organisation, provided they were tasked by the Committee and that an agreement was previously made concerning the reimbursement. This particularly includes travel costs, extra food costs, and postage and communication costs.
(2) Committee Members are entitled to reimbursement of the costs incurred in the course of their work for the organisation. This particularly includes travel costs, extra food costs, and postage and communication costs.
(3) Proof of payment is presented in the form of single receipts, no later than 6 weeks after the end of the quarter.
(4) If there are tax-related upper limits of reimbursement, the reimbursement is limited to such amounts.
- 10 Amendment of the statutes
(1) Any amendment to the statutes requires a simple majority of all members of the organisation present at the General Meeting. Any amendment to the purpose stated in the statutes requires a majority of 2/3 of all members of the organisation present at the General Meeting. Amendments to the statutes are voted only during the General Meeting, provided the invitation to the General Meeting includes the relevant agenda item and the original as well as the amended statutory text.
(2) Any amendment of the statutes which is requested by supervisory, judicial or financial authorities for formal reasons may be undertaken by the Committee on its own. The members of the organisation are informed in writing in a timely manner about any such amendment.
- 11 Documentation of decisions
The decisions that were taken during Committee meetings and General Meetings are listed in writing and signed by the Committee.
- 12 Dissolution of the organisation and asset provision
(1) A ¾ majority of members present at the General Meeting is required in order to dissolve the organisation. The decision may be taken only after timely information in the invitation to the General Meeting.
(2) In case of dissolution or cessation of the organisation or in case of cancellation of tax-deductible purposes, all assets of the organisation are passed on to
Ärzte ohne Grenzen e.V., Am Köllnischen Park 1, 10179 Berlin,
which shall use it directly and exclusively for non-profit, charitable or church-related purposes.
Signature and receipt of a copy of these statutes: Regensburg, 1.10.2015