§ 1 Name and Registered Office
(1) The association bears the name “Peperoncini”.
(2) The association shall be entered in the register of associations. Upon registration, it shall bear the suffix “e. V.”
(3) The association has its registered office in Leipzig.
§ 2 Purpose of the Association
(1) The Association pursues exclusively and directly charitable purposes within the meaning of the section titled “Tax-Exempt Purposes” of the German Fiscal Code.
(2) The purpose of the association is to promote public and vocational education (Section 52(2)(7) of the German Fiscal Code), to promote assistance for persecuted persons, refugees, and displaced persons (Section 52(2)(10) of the German Fiscal Code), and to promote international understanding (Section 52(2)(13) of the German Fiscal Code).
(3) The purpose of the bylaws is realized through public relations work on the topics of asylum policy and law (in particular German and European law), causes of flight, and the living conditions of refugees (in particular in Leipzig, Germany, and the European Union). This is done in particular through lectures, political comics, flyers, video clips, web content, and workshops, as well as by providing support for asylum and residence law proceedings, including ancillary proceedings with migration law implications, to the extent that these proceedings have significance beyond the individual case. The aim is to reach out to society as a whole. To this end, the association may raise funds and arrange for the partial or full coverage of the costs of the events and related proceedings. Furthermore, the association promotes encounters between refugees and non-refugees through appropriate events.
(4) The association operates on a non-profit basis. It does not primarily pursue
(5) In order to maintain the association’s tax-exempt status, all actions taken by the association and its governing bodies must comply with the provisions of the section titled “Tax-Exempt Purposes” of the German Fiscal Code.
§ 3 Membership
(1) Any natural or legal person may become a member of the association.
(2) Each member must provide a current email address.
(3) Members are not required to pay membership dues.
(4) The Executive Board decides on admission to the association. The application must be submitted in writing.
(5) Resignation from the association must be declared in writing to the Executive Board.
(6) A member may be expelled from the association if they
can no longer be reached on a permanent basis,
are guilty of a serious violation of the association’s purposes and interests, or
have exercised their right of veto pursuant to § 4, paragraph 6, sentence 3 of these bylaws.
(7) Expulsion pursuant to paragraph 6, item 1, shall be carried out by the Executive Board. The member must be notified at least one month in advance via their last known address or email address, and must be requested to make contact with reference to the possibility of expulsion.
(8) Expulsion pursuant to paragraph 6, item 2, shall be carried out by the Executive Board. The member must be heard beforehand. The member has the right to appeal to the General Meeting. The appeal has no suspensive effect.
(9) Expulsion pursuant to paragraph 6, item 3, is carried out by the General Meeting. The member must be heard beforehand. The expulsion may be decided no earlier than 13 days after the veto is raised and no later than six months after the veto is raised.
(10) Members who resign have no claim to the association’s assets.
§ 4 General Meeting
(1) The General Meeting has the following additional responsibilities:
- Receiving reports from the Board of Directors,
- Granting discharge to the Board of Directors,
- Electing the Board of Directors,
- Amending the bylaws, and
- Deciding on the dissolution of the association.
(2) The General Meeting must be convened by the Board of Directors at least once every three years.
(3) The General Meeting has a quorum if all members have been invited in writing with two weeks’ notice and the invitation could reasonably be expected to arrive on time. In this regard, sending the invitation to the last known email address is sufficient. The invitation shall include the preliminary agenda. Section 32(1), sentence 2 of the German Civil Code does not apply.
(4) The General Meeting shall be chaired by the Executive Board, unless it decides otherwise.
(5) Legal representation is not permitted in the exercise of voting and election rights.
(6) In votes, a resolution is passed if the motion receives more “yes” votes than “no” votes. Abstentions are not counted. However, the resolution does not take effect if a member subsequently objects to it by means of an explicit declaration (veto). This does not apply to expulsions pursuant to § 3 (6) No. 3 of these Bylaws.
(7) In the case of elections for individual positions, the chairperson shall determine the election procedure, unless the general meeting decides otherwise.
(8) The general meeting may adopt rules of procedure containing further provisions regarding its conduct.
(9) A record of the meetings of the general meeting shall be prepared. Its resolutions shall be listed separately and recorded in writing by the chairperson, countersigned by a member who was present at the meeting.
§ 5 Executive Board
(1) The Executive Board consists of three members. The General Meeting may increase or decrease this number at any time. The Executive Board must consist of at least one member.
(2) The term of office for Executive Board members is three years. The General Meeting may set a different term of office for each Executive Board member.
(3) Re-election is permitted.
(4) A member of the Executive Board remains in office after the expiration of their term until the end of the next General Meeting. If no member of the Executive Board remains in office thereafter, the members of the Executive Board whose terms would end pursuant to sentence 1 shall continue in office until the end of the next General Meeting. Sentence 2 applies repeatedly.
(5) The Executive Board represents the Association externally. Each member of the Executive Board has sole power of representation.
(6) The Board handles all matters of the Association for which the General Meeting is not responsible under these Bylaws. In particular, it has the following additional duties:
- Management of the membership and the association’s assets,
- Implementation of the association’s purpose, in particular by carrying out the necessary legal transactions, and
- Reporting to the general meeting on its activities, in particular the use of the association’s funds and changes in membership and assets.
(7) The Executive Board makes its decisions at meetings or by written resolution.
(8) At meetings without formal notice, the Executive Board has a quorum if more than half of its members are present. A decision requires the approval of all members present.
(9) A resolution by written ballot is adopted if the proposed resolution has been received by all Executive Board members in writing and, within 47 hours, more than half of the members vote in favor of the proposal and no member votes against it. Votes must be submitted in writing to all other Executive Board members.
(10) Each member of the Executive Board must provide the other members of the Executive Board with a current email address. In the procedure under paragraph 9, sending the notice to the last known email address is sufficient.
(11) The Executive Board is bound by the resolutions of the General Meeting.
§ 6 Amendment of the Bylaws, Dissolution of the Association
(1) Any amendment to these bylaws requires a two-thirds majority of the votes cast at the general meeting. Abstentions are not counted. Section 4, paragraph 6, sentence 3 of these bylaws does not apply. The proposed amendment must be set forth in full in the invitation to the general meeting.
(2) If an amendment to the Articles of Association results in a change to the purpose of the Association, the consent of three-quarters of the Association’s members is additionally required. Consent may be given in writing either in advance or retroactively. Consent is deemed to have been given if the member does not refuse to give consent within four weeks of being requested to do so at their last known address or email address.
(3) Paragraph 1 applies mutatis mutandis to a resolution to dissolve the association.
(4) In the event of the dissolution of the association or the discontinuation of its tax-exempt purposes, the association’s assets shall be distributed in equal parts to the Association of Kurdish Students in Syria and Germany e. V. and Menschen.Würdig. e. V., which must use them exclusively and directly for tax-exempt purposes in accordance with the association’s purposes.
§ 7 Provisions Governing the Formation of the Association
(1) Until the association is entered in the register of associations, the following deviations from the provisions of these bylaws shall apply.
(2) Notwithstanding § 4, paragraph 3, sentence 1, a notice of one week’s notice shall suffice.
(3) Notwithstanding § 6, paragraph 1, sentence 4, a statement that the bylaws are to be amended shall suffice.
(4) Notwithstanding § 6, paragraph 2, sentence 1, a resolution of the general meeting pursuant to § 6, paragraph 1, shall suffice.