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Statutes of the Association "Naturpark Hohe Mark – Westmünsterland e. V.”
The association Naturpark Hohe Mark eV bears the name with the entry in the register of associations Naturpark Hohe Mark – Westmünsterland e. V
The association is based in Raesfeld.
(1) The purpose of the association is to Naturpark Hohe Mark – To promote Westmünsterland with the aim of preserving and caring for the landscape in this area, which is particularly suitable as a recreation area, protecting the native flora and fauna, providing information and education about nature and the landscape and using suitable measures to promote natural recreation and enable sustainable tourism.
(2) In order to achieve this purpose, the association also carries out the tasks on the basis of a long-term action plan, according to which the Naturpark planned, structured, developed and preserved.
The association Naturpark Hohe Mark – Westmünsterland eV exclusively and directly pursues charitable purposes within the meaning of the “tax-privileged purposes” section of the tax code. The association is selflessly active; it does not primarily pursue its own economic purposes.”
Nobody may benefit from expenses that are alien to the purpose of the association or from disproportionately high remuneration.
The association's funds may only be used for statutory purposes. The members do not receive any benefits from the association's funds. According to Section 40 of the German Civil Code (BGB), in deviation from Section 27 (3) sentence 2 of the German Civil Code, it is permissible to pay board members of the association, in addition to lump-sum expense allowances, remuneration for their services, which serve the benefit of the association to fulfill its statutory purpose. The payments must not be unreasonably high (Section 55 Paragraph 1 No. 3AO).
(1) The funds required to achieve the purpose of the association are raised through membership fees, donations and public grants.
(2) The membership fees are to be paid by January 15 of each financial year at the latest (receipt by the association).
(3) The amount of the membership fees is determined in a membership fee order to be determined by the general assembly.
Legal persons under public law who are committed to the goals of the association can become members of the association. In individual cases, this also applies to natural persons and legal entities under private law.
(2) The general assembly decides on the application for membership in the association on the proposal of the board with a simple majority of the votes cast.
(3) Membership in the association ends through the death of the member, loss of legal personality, through resignation or exclusion from the association.
(4) Resignation from the association must be declared to the board in writing no later than twelve months before the end of the financial year. The declaration of resignation causes the resignation at the end of the following financial year.
(5) A member can be expelled from the association if his behavior grossly violates the statutes or the interests of the association. At the request of the board of directors, the general assembly decides on the exclusion with two thirds of the votes cast.
Before the decision on the exclusion is made, the person concerned must be given the opportunity to make a statement. The decision of the exclusion is to be announced to the person concerned by the board of directors.
(6) Membership may be canceled if the member is in arrears with payment of the dues despite two written reminders from the board. The deletion can only be decided by the board if two months have passed since the sending of the second warning letter, which must contain the reference to the deletion.
The financial year of the association is the calendar year.
Organs of the association are:
(1) The general assembly is exclusively responsible for the following matters:
e) Election of the cash auditors and their representatives.
f) Discharge of the board of directors after the end of a financial year.
(2) The general assembly is to be called by the chairman of the board at least once a year. The invitation will be sent in writing or electronically by e-mail at least two weeks before the date, with the agenda being sent. The period begins on the day following the sending of the letter of invitation. The letter of invitation is deemed to have been received by the members if it was sent to the last address or e-mail address given to the association. Templates for the resolutions listed under § 8 (1) a) must be attached in full.
(3) The chairman is obliged to call an extraordinary general meeting immediately if at least a quarter of the members of the association request this in writing, stating the purpose and the reasons.
The general meeting is chaired by the chairman of the board or, if he is unable to do so, by one of his three deputies.
(2) Minutes are to be taken of the resolutions of the general assembly, which are to be signed by the respective chairman and the secretary.
The protocol is deemed to have been approved if the management has not objected to it in writing within 14 days of dispatch.
(3) The general assembly has a quorum if at least one third of the association members are actually present in person. If a matter has been postponed due to the lack of a quorum and the general meeting is convened again to deal with the same matter, it has a quorum regardless of the number of club members present if this provision is referred to in the invitation.
(4) Each member has one vote in the general meeting. Each member can transfer his voting right to another, not excluded member by means of a proxy. Resolutions in accordance with Section 9 Paragraph 6 of these Articles of Association are excluded.
(5) The majority of the votes cast decides when the general assembly passes resolutions. A resolution that provides for a change in the purpose of the association requires the approval of three quarters of the members. Members who do not appear must give their consent in writing. A majority of three quarters of all votes cast is required for a resolution that contains an amendment to the articles of association.
(6) The association can be dissolved by resolution of the general meeting. The dissolution resolution requires the approval of three quarters of all members.
(1) The board of the association consists of one representative from the districts of Borken, Coesfeld, Recklinghausen, Wesel and one representative of the regional association Ruhr and the Lippeverband. The general assembly can also elect a local representative to the board from each district and from the city of Bottrop. The current district president of the Münster district government or a representative named by him is a born member. The board consists of a maximum of 12 members.
(2) The members of the board are elected by the general assembly for a period of four years. Re-election is permitted. They remain in office until the newly elected board members begin their term of office.
(3) If a board member resigns, the general meeting will elect a successor for the remainder of the term of office.
(4) The board members can be dismissed by the general meeting for an important reason. The dismissed board members remain in office until the successor's term of office begins.
(5) The board of directors elects its chairman and three deputies from among its members. The chairman and his three deputies form the executive board within the meaning of Section 26 of the German Civil Code (BGB). Two members of the executive board are elected every two years. Re-election is permitted.
The executive board represents the association in and out of court.
The chairman of the board represents together with a member of the executive board or, if the chairman is unable to do so, two members of the executive board jointly represent.
The chairman or a representative of the board attends the board meetings of the association Naturpark Hohe Mark – Westmünsterland eV as an advisory member.
The board meeting is to be called by the chairman of the board
Minutes are to be taken of the resolutions of the board meeting, which are to be signed by the respective chairman and the secretary. The protocol is deemed to have been approved if the management has not objected to it in writing within 14 days of dispatch.
The board meeting is not open to the public.
(1) The board of directors is responsible for all affairs of the association, as far as they are not assigned by the statutes of the general assembly. The board of directors decides with a majority of the board members present; In a tie vote, the Chairman shall be decisive. Representation is permitted without voting rights.
(2) In addition to the board of directors, a managing director can be appointed to perform certain tasks. The appointment is made by the board of directors
(3) Unplanned and unscheduled expenses may only be made by the board in cases of unforeseen and unavoidable needs. The coverage in the current budget must be guaranteed. They are to be submitted for approval together with a cover proposal at the next general meeting for the purpose of releasing the board of directors.
(1) The general assembly elects at least two cash auditors and their deputies for a period of two years. These are not subject to any instructions from the board of directors and may not be members of the board. Re-election is permitted.
(2) By resolution of the general assembly, the auditing of cash and accounts can also be delegated to the auditing office of a legal entity under public law, waiving the appointment of cash and auditors.
If the fulfillment of the purpose of the association (§ 2) becomes impossible or if it no longer appears sensible in view of a significant change in the situation, the general meeting can change the purpose of the statutes or dissolve the association by resolution with a 3/4 majority of the members.
The remaining assets of the association after the end of the tax-privileged purposes or after the dissolution of the association and after the end of the liquidation falls according to the respective area shares on Naturpark to the Borken, Coesfeld, Recklinghausen and Wesel districts, which must use it directly and exclusively for non-profit, charitable or church purposes.
The new version of the statutes comes into force with the entry in the register of associations and replaces the last current version of the association's statutes.