English translation for information purposes only. The legally binding version is the German text of the statutes: Satzung des Vereins.
§ 1 Name and registered office
The name of the association is “Der Lettische Verein in Bayern” (Latvian Association in Bavaria).
It is to be entered in the register of associations and will then bear the suffix “e.V.”.
The registered office of the association is Munich, Germany.
§ 2 Financial year
The financial year is the calendar year. The first financial year ends on 31 December of the year of foundation.
§ 3 Purpose of the association
The purpose of the association is to promote
- the preservation of local heritage and traditions and local history,
- art and culture,
- youth welfare,
- sport,
- cultural and social community life,
- international understanding.
The purpose of the statutes is achieved in particular through the following activities:
- cultivating and passing on Latvian culture and history, customs and traditions, as well as the Latvian language in speech and writing, in the context of the European and the wider world community;
- promoting the creation of, and supporting, Latvian cultural groups such as dance groups, choirs, theatre ensembles or cultural exchange programmes;
- cultivating Latvian songs, choral singing and dance – performances at gatherings and events;
- promoting multilingualism by holding extracurricular lessons, in particular for children and young people of Latvian origin;
- organising sports events (e.g. hiking);
- taking part in intercultural events (e.g. joint concerts with German choirs and the like).
(3) Members do not receive any payments from the funds of the association.
§ 4 Non-profit status
The association pursues exclusively and directly charitable purposes within the meaning of the section “Tax-privileged purposes” of the German Fiscal Code (Abgabenordnung).
The association acts selflessly and does not primarily pursue its own economic purposes.
Funds of the association may only be used for the purposes set out in the statutes.
No person may benefit from expenses that are unrelated to the purpose of the association or from disproportionately high remuneration.
§ 5 Membership
Any natural or legal person who supports the aims of the association may become a member.
The application for membership must be submitted to the board in writing. For minors, the application must be made by their legal representatives. The board decides on admission within four weeks of receiving the application. The board is not required to give the applicant reasons for a rejection.
Membership ends by resignation, exclusion or death (for legal persons, upon their dissolution).
Resignation is only possible with effect from the end of the year. It is made by written notice to the chairperson, observing a notice period of three months. The board decides on exclusion.
If a member has seriously violated the aims and interests of the association, or remains three months in arrears with the membership fee despite a reminder, the board may exclude the member with immediate effect. Before the decision is taken, the member must be given the opportunity to justify themselves or to comment. An objection to the exclusion decision may be lodged within four weeks of notification of the exclusion; the next general meeting decides on the objection.
§ 6 Membership fees
Annual membership fees are charged to members. The amount of the fees and their due date are determined by the general meeting.
§ 7 Bodies
The bodies of the association are the board and the general meeting.
§ 8 Board
The board within the meaning of § 26 of the German Civil Code (BGB) consists of the first chairperson, the second chairperson and the treasurer. Each of them represents the association alone. Internally, the second chairperson and the treasurer are obliged towards the association to exercise the office only if the first chairperson is unable to do so (the treasurer, in addition, only if the second chairperson is also unable to do so).
The chairperson is elected by the general meeting from among its members. The other board members are elected by the general meeting on the proposal of the chairperson. The term of office of the board members is two years. Re-election is permitted.
The board is authorised to make amendments itself that become necessary due to objections from public authorities, the registry court or the tax office.
The bodies of the association may carry out their activities for reasonable remuneration. If required, offices of the association may, within the budgetary means, be held against payment on the basis of a service contract or against an expense allowance under § 3 No. 26 and 26a of the German Income Tax Act (EStG). The decision on paid activity is taken by the board (for an expense allowance under § 3 No. 26 EStG) or by the general meeting (for an expense allowance).
The board remains in office until a newly elected board has been appointed.
If one board member leaves, the remaining board continues until a new board is elected. If more than one board member leaves, an extraordinary general meeting must be convened.
The board has a quorum if at least two members are present. Decisions are taken by a majority of the valid votes cast. In the event of a tie, the chairperson of the board has the casting vote.
In urgent cases, board decisions may also be taken in writing or by telephone if all board members agree to this procedure in writing or by telephone. Board decisions taken in writing or by telephone must be recorded in writing and signed by all board members.
Minutes must be taken of each board meeting. They state the place and time of the meeting, the names of the participants, the decisions taken and the voting results.
§ 9 General meeting
An ordinary general meeting is held every year. It is convened in writing or by email, observing a notice period of four weeks and stating the agenda.
An extraordinary general meeting must be convened if the board so decides or if at least one quarter of the members request it in writing, stating the reason. A notice period of four weeks must be observed and the agenda must be announced with the invitation.
The agenda is set by the board. Every member may apply to the board in writing, no later than one week before the general meeting, for additions to the agenda.
The general meeting is responsible in particular for: receiving the annual report of the board, granting or refusing discharge, setting the amount and due date of the annual fee, electing and dismissing board members, receiving the reports of the treasurer and the auditors, adopting the rules of procedure for the board, deciding on amendments to the statutes and on the dissolution of the association, and deciding on appeals against a board decision on a rejected application for membership and on an exclusion.
The general meeting has a quorum regardless of the number of members present, provided it has been convened properly and on time.
The general meeting decides by a simple majority of the votes cast (exceptions are set out in § 11 and § 13 (1)).
Minutes must be taken of the decisions of the general meeting and signed by the chair of the meeting and one further board member.
Members aged 16 (sixteen) and over are entitled to vote. Members aged 18 (eighteen) and over may be elected.
§ 10 Audit
The general meeting elects an auditor for a term of two years.
The auditor examines the accounts every year and reports on the audit at the annual general meeting.
§ 11 Amendments to the statutes
Amendments to the statutes require a three-quarters majority of the members present. A vote on amendments to the statutes may only be held at a general meeting if this agenda item was already announced in the invitation and both the current and the proposed new text of the statutes were enclosed with the invitation.
§ 12 Communication
Communication within the association may take place in text form (including by electronic means). Notices of any kind are deemed delivered if they were sent to the postal or email address that the member has given to the association.
§ 13 Dissolution of the association and use of assets
The dissolution of the association requires the consent of three quarters of the members present at an ordinary general meeting. The invitation must expressly refer to this agenda item.
Upon dissolution or cancellation of the association, or if tax-privileged purposes cease to apply, the assets of the association pass to a legal entity under public law or to another tax-privileged body, to be used for promoting the preservation of local heritage and traditions and local history.