Charter of the “Fritz-Wunderlich-Gesellschaft e.V.” Draft of a second revised version of the founding charter of 09.17.1986
§1 Name and location
The association uses the name “Fritz-Wunderlich-Gesellschaft e.V.” (hereinafter called Association); it islocated in Kusel and is entered under the file number “VR Kusel 1385” in the association register of the local court of Kaiserslautern.
§2 Goal of the Association
The goal of the Association is the furtherance of the memory of the Kammersinger Fritz Wunderlich, born on 09.26.1930, died on 09.17.1966.
The charter goal will be realized in particular by:
· the organization of concerts
· the sponsorship of young artists, especially from the Kusel region
· the further distribution and re-recording Fritz Wunderlich records and radio recordings
· the distribution or publication of books and other printed matter about Fritz Wunderlich
· the support of scholarly interest in Fritz Wunderlich
· as well as the maintenance of the Fritz Wunderlich Papers in the archive of the Fritz-Wunderlich-Gesellschaft e.V. in the Stadt-und Heimatmuseum Kusel.
· the support of scholarly interest in Fritz Wunderlich
· the organization of concerts with regard to Fritz Wunderlich
· the distribution or publication of books, printed matter and records
The Association pursues exclusively and immediately non-profit goals in the sense of the section ‘Taxprivileged Goals’ of the tax code.
The Association acts altruistically; it does not primarily pursue goals that serve its own interests. The resources of the Association may be used only for goals in line with this charter. The members receive no benefits from resources of the Association. No person may benefit from disbursements that are foreign to the goal of the Association or through disproportionately large remunerations.
§3 Business Year
The business year is the calendar year.
The amount of the member dues is determined at the recommendation of the board at the general meeting. This is due at deadlines set by the Association and is collected by the Association.
Members can be any natural person who is older than 18 as well as corporate bodies.
The board decides on membership based on the written application for membership.
The approval of a new member may be refused only for special reasons.
If the board refuses approval, the applicant can call on the general meeting and demand a vote on his or her approval.
Every member should make an effort to promote and support the Association to the best of his or her ability; members are obligated to pay the defined dues and to follow the terms of this charter.
§6 Withdrawal of Members
The membership ends upon death, declaration of resignation at the end of the current business year, or expulsion from the Association.
Resignation from the Association is permitted at any time; it occurs through written declaration to a member of the general board.
A member can be expelled from the Association if his or her behaviour is grossly counter to the interests of the Association.
The general meeting decides on the expulsion upon the reasoned submission of the board.
Paid dues are not refunded.
§7 Honorary Membership
The naming of “honorary members” requires extraordinary merits in the area of culture in general or regarding the Association in particular.
It occurs at the suggestion of the board through the decision of the general assembly and is to be communicated to the named honorary member in writing.
Honorary members have all the rights of ordinary members, may moreover take part in all meetings and votes of the Association and do not have to pay dues.
Organs of the Association are:
· the general meeting,
· the board.
§9 General Meeting (GM)
The GM, as the highest association organ, makes the following policy decisions:
· Election of the board
· Discharge of the board
· Selection of two auditors
· Changes to the charter
· Definition of dues
· Expulsion of Association members
· Naming of honorary members.
A regular GM occurs once a year. It is chaired by the First Chairperson or, in his/her absence, by the Second Chairperson.
If he/she is also prevented, the GM selects the chairperson of the meeting from its own midst.
If the secretary is prevented, the assembly selects a substitute from its midst.
The GM is called no later than four weeks before the meeting by announcing the schedule. The calling occurs through written notification of all members at the last address known to the Association via post, fax or email.
In this GM, the board presents a report regarding its activities in the past business year, especially regarding the financial circumstances of the Association. The auditors must give a report on the propriety of the financial report.
Proposals of the members on which the GM should vote are to be submitted in writing to the First or Second Chairperson no later than one week before the meeting date. The board determines the approval of the proposals to the GM.
§10 Extraordinary General Meeting (extr. GM)
An extr. GM must be called if more than a third of the members submit a corresponding request to the board and, given a statement of the reasons, desire that a decision be made that only a GM can make.
An extr. GM can also be called at any time if it is in the best interests of the Association to do so.
The terms of § 9 of this charter apply for the calling and conduct of the extr. GM.
Both the GM and the extr. GM reach decisions with simple majority vote of present voting members.
Abstentions are left out of account.
For changes to the charter, a two-thirds majority vote of the voting members who are present is required.
The vote is taken by a show of hands.
Upon the request of a present voting member, voting is to be by secret ballot.
Secret ballots are also to be used if at least two candidates are nominated for an Association office.
The board consists of:
· the First Chairperson
· the Second Chairperson
· the treasurer
· the secretary
· at least one committee member
The board is elected by the general meeting for the term of two years. However, after this term expires, the board remains in office until the next election.
If a member of the board resigns early, this board member is replaced or confirmed only in the following general meeting.
If the First or Second Chairperson resigns early, a general meeting is to be called immediately.
With the exception of the function of the First and Second Chairpersons, the other functions can also be exercised by the same person.
The executive board in the sense of § 26 BGB [German Civil Code] consists only of the First and Second Chairpersons. Each of these is individually entitled to the legal and extra-judicial representation of the Association.
If individual functions are assigned to other members of the board, these people conduct the Association business concerning their specialty but remain thereby subject to the advice of the First or Second Chairperson.
The board makes all decisions as long as they are not policy decisions in the sense of § 9 of this charter.
A quorum exists when at least three members of the board are present.
When a quorum is present, decisions are made by a simple majority of the board members present.
The Association is not liable to its members for personal or material damages that they suffer as a result of using automobiles or other vehicles, in the case of accidents or other harmful events.
§14 Dissolution of the Association
Dissolution of the Association occurs upon the three-quarters majority decision of the voting members present at the general meeting.
If this is decided, the general meeting must name two liquidators immediately. The liquidation occurs according to the guidelines of the civil law. In the final general meeting, the liquidators report on the liquidation of the Association’s assets. This accrues to the city of Kusel, which must use it for non-profit purposes immediately and exclusively in the sense of the original Association charter.
§15 Entry into Force
This second revised edition of the charter of 09. 17. 1986 was voted upon in the general meeting on 9. 26. 2009 and enters into force immediately.