§1 Name, Registered Office, Fiscal Year
- The association bears the name: Musik Forum Sachrang (Sachrang Music Forum).
- It shall be entered in the Register of Associations. After registration, it shall add the abbreviation "e.V." (registered association) to its name. Upon registration, the association acquires the legal status of a legal entity.
- The association's registered office is located in 83229 Aschau, district of Sachrang.
- The fiscal year is the calendar year.
§2 Purpose of the Association
- The association pursues exclusively and directly charitable purposes within the meaning of the section "Tax-privileged purposes" of the German Fiscal Code.
- The purpose is the promotion of music. This is achieved through the organization and execution of international masterclasses for various musical instruments and voice. The association's purpose is pursued in particular through the regular rehearsal of musical works by old and new composers, as well as through the cultivation of traditional works. This includes offering concerts and workshops. Furthermore, the creation of performance opportunities for young artists, as well as the purchase and provision of musical instruments for deserving young musicians, are objectives of the association.
- The association operates on a non-profit basis. It does not primarily pursue its own economic interests.
- The association's funds may only be used for the purposes stipulated in its statutes. Board members and other members of the association receive appropriate compensation for artistic and teaching services. Members do not receive any payments from the association's funds.
- No person may be favored by expenditures that are unrelated to the association's purpose or by disproportionately high compensation.
§ 3 Acquisition of Membership
- Any legally competent natural person and any legal or unincorporated association may become a member of the association. This also applies to general partnerships and limited partnerships.
- To establish membership, a written recommendation for admission to the association from two board members is required.
- The application for admission must be submitted in writing (....*) to the board. *) The phrase "enclosing the letters of recommendation" will be omitted in the future.
- The board decides on admission by majority vote. The applicant must be notified of the decision in writing.
- By applying for membership, the applicant acknowledges the existing statutes in the event of acceptance. There is no legal entitlement to membership.
§4 Rights and Obligations of Members
- Members are obligated to support and promote the achievement of the association's purpose.
- Members have one vote at the general meeting. This vote is not transferable.
§5 Termination of Membership
- Membership terminates upon the death of the member, dissolution in the case of legal entities, resignation, expulsion, or termination of membership.
- Resignation must be submitted to the board in writing. Resignation is permitted with three months' notice. For the notice to be considered timely, it must be received by a board member. The board decides on early termination by majority vote.
- Termination of membership is permitted if a member has failed to pay three consecutive membership fees. The board members decide on termination by majority vote.
- Expulsion from the association is only permitted for good cause. A particularly important reason for exclusion exists in cases of conduct detrimental to the association. The general meeting decides on exclusion by simple majority vote upon application by the board. The exclusion of the member becomes effective upon the resolution being passed. The exclusion must be communicated to the member in writing if they were not present when the resolution was passed.
- In the case of resignation or exclusion, the member concerned must be given the opportunity to submit a written statement before the measure is implemented.
- The resigned or excluded member has no claim to the association's assets.
§6 Membership Fees
- An annual membership fee is payable.
- The amount is determined by the general meeting.
- The resolution is passed by simple majority.
- The membership fee is payable in advance.
- For members joining during the year, the full annual fee is payable.
- No admission fee is charged.
§ 7 Organs of the Association
- The organs of the association are:
a) the Executive Board
b) the General Meeting
§ 8 Executive Board
- The Executive Board consists of a Chairperson and a Deputy Chairperson, as well as the following additional members: a Treasurer, a Cashier, two Secretaries, and two Assessors. The members of the Executive Board must be members of the association.
- The Board of Directors manages the day-to-day business of the association.
- Resolutions of the General Meeting must be implemented by the Board of Directors within the framework of applicable law and the association's financial resources.
- The Board of Directors represents the association in and out of court in all association matters.
- The Chairman and the Vice Chairman are each authorized to represent the association individually.
- For taking out a loan, acquiring or selling real estate or a right equivalent to real estate exceeding €2,000, the Board of Directors' power of representation is internally limited such that the approval of the entire Board of Directors and the approval of the General Meeting are required.
- Within the scope of its power of representation, the Board of Directors may delegate specific tasks to third parties. The board of directors is liable for the actions of any agents or assistants employed by the association only in cases of gross negligence or willful misconduct in their selection.
- If a board member is held liable by a contractual partner of the association under Section 54, Paragraph 2 of the German Civil Code (BGB), they may demand indemnification from the association or reimbursement of all costs and expenses incurred in connection with the claim.
- The board of directors is elected by the general meeting in a secret ballot for a term of four years. Re-election is permitted.
- The same person may not hold multiple board positions.
- Internally, the board makes decisions by majority vote.
- If a board member resigns before the end of their term, the board elects a replacement to serve the remainder of the term.
§9 General Meeting
- An ordinary general meeting must be convened once a year. At this meeting, the board of directors must present an annual report and financial statements; the meeting must then vote on whether to discharge the board of directors from liability.
- The board of directors makes decisions internally by majority vote. An extraordinary general meeting must be convened upon the written request of at least one-quarter of the club members, or by the board if the interests of the club so require.
- The general meeting is convened by written invitation with a notice period of fourteen days before the meeting date. An agenda must be included with the invitation. Any member may submit a written request to the board to add further agenda items up to two days before the meeting date. The general meeting decides on motions and amendments to the agenda that are submitted during the meeting itself.
- Every duly convened general meeting constitutes a quorum, unless the bylaws stipulate otherwise.
- The general meetings are chaired by the club president. Unless the bylaws provide for a different majority, a simple majority decides all resolutions.
- A two-thirds majority of the club members is required for resolutions concerning amendments to the bylaws, changes to the club's purpose, and the dissolution of the club. If the general meeting does not constitute a quorum, another general meeting with the same agenda must be convened within four weeks of the original meeting date. The new meeting will be quorate regardless of the number of members present. The invitation to this meeting must include a statement regarding the simplified quorum requirement.
- A two-thirds majority of the votes cast is required for resolutions concerning changes to the purpose of the association, amendments to the articles of association, and the dissolution of the association.
- The meeting chair decides on the form of voting. In the event of a tie, the motion is considered rejected.
Minutes must be kept of the meeting. The minutes must be signed by the meeting chair and the secretary.
§ 10 Dissolution of the Association
- The association may be dissolved by a resolution of the members' meeting.
- Following a resolution to dissolve the association, the association must be liquidated in accordance with Sections 47 et seq. of the German Civil Code (BGB). The last members of the board of directors should be appointed as liquidators.
- In the event of dissolution or winding up of the association, or if its tax-exempt status is revoked, the remaining assets will be transferred to the municipality of Aschau-Sachrang, which must use the transferred assets directly and exclusively for charitable or benevolent purposes.