Statutes
German-Yemeni Medical Association e.V.
(Version dated November 26, 2024)
Table of Contents
§1 Principles, Name, Headquarters, Fiscal Year
1.
The association is a politically independent institution that combines the efforts of its members both in the Federal Republic of Germany and in Yemen to achieve its goals.
2.
The association exclusively and directly pursues charitable purposes within the meaning of the section “Tax-Privileged Purposes” of the German Fiscal Code.
3.
The association is prohibited from any political activity that threatens the cohesion of the association or academics or the charitable interests.
4.
The association accepts the laws of the Federal Republic of Germany and Yemen.
5.
Funds of the association may only be used for purposes in accordance with the statutes.
6.
The members of the association do not receive profit shares and, in their capacity as members, no other benefits from the association’s funds.
7.
No person may be favored by expenses that are foreign to the purpose of the association or by disproportionately high remuneration.
8.
The association rejects any influence of politically or religiously motivated groups at home and abroad, without intending to influence the political or personal opinion of individual members.
9.
The association operates selflessly: it does not primarily pursue its own economic purposes.
10.
The association bears the name “German-Yemeni Medical Association (DJAEV)”. After registration in the register of associations, it bears the suffix “e.V.”.
11.
The headquarters of the association is in Berlin.
12.
The fiscal year is the calendar year.
§2 Aims and Purposes – Public Benefit
1.
The association operates selflessly; it does not primarily pursue its own economic purposes. It therefore seeks neither profit nor surplus.
2.
The association exclusively and directly pursues charitable purposes within the meaning of §§ 51 ff. of the German Fiscal Code.
3.
Funds of the association may only be used for purposes in accordance with the statutes. The members may not receive profit shares or, in their capacity as board members, any benefits from the funds of the corporation. No person may be favored by expenses that are foreign to the purpose of the association or by disproportionately high remuneration.
4.
The purpose of the association is international understanding, promotion of healthcare and education as well as the exchange of research and science (especially in the medical field and in healthcare), art and culture between Germany and Yemen.
The above-mentioned purposes are realized as follows:
Organizing and increasing the willingness of doctors and healthcare personnel in the Federal Republic of Germany, primarily auxiliary persons within the meaning of § 57 Para. 2, Sentence 2 of the German Fiscal Code, to participate in humanitarian missions in Yemeni institutions (e.g., free deployments in medical facilities).
Establishing personal contacts between Yemeni and German doctors as well as healthcare personnel to promote experience and information exchange.
Establishing partnership relationships between German and Yemeni institutions including medical facilities to improve scientific and medical care for the people in Yemen.
Establishing partnership relationships and work coordination between correspondingly active tax-privileged corporations or corporations under public law in Germany, Yemen or internationally (e.g., UN) to support scientific and medical care in Yemen.
Material support for Yemeni institutions and medical facilities and correspondingly active tax-privileged corporations under public law in managing their tasks (e.g., collecting and transporting used equipment in Germany).
Support for needy persons in Yemen through free consultation and care for sick Yemenis in Yemen and, if necessary, in Germany.
Additional general free information and advice via internet, email, telephone, mail, etc.
Support for continuing education and training for both members in Germany and for doctors and healthcare personnel in Yemen through various activities and events, including lectures, symposia, educational trips, lecture evenings, scientific congresses, student exchanges, training courses and practical activities (e.g., live operations by complete teams from Germany in a hospital in Yemen, organization of lectures in universities and hospitals in Yemen) mainly by association members and honorary members, but also by partner hospitals and international institutions that support our work. The scientific results should be published promptly.
Exhibition events to present Yemen (culturally, art, history and people) and invitation of intellectuals.
§3 Membership
1. Regular Member:
1.1
The application for admission must be submitted in writing. The board decides on this by submitting a corresponding membership application.
1.2
A complaint against a rejecting decision can be lodged in writing within one month of receipt, which will be decided by the next ordinary general assembly. The complaint decision will be delivered in writing.
1.3
There is no entitlement to membership.
1.4
Any doctor or person in healthcare who has German and/or Yemeni citizenship and works in Germany can become a member of the association.
1.5
Each member must have completed a state-recognized academic or medical education.
1.6
The member accepts the rules of procedure of the association.
1.7
The member accepts the resolutions of the association.
1.8
The member is obliged to pay the membership fee determined by the general assembly.
2. Method of obtaining honorary membership:
2.1
Any adult person who is committed to the goals and purposes of the association can become an honorary member.
2.2
Honorary membership is granted by the board upon application by several association members.
Rights and Obligations:
1.
Every member has the right to participate in all activities of the association.
2.
A member may only vote and be elected one year after acceptance of membership and can stand for election for any position in the association.
3.
Every member has the right to receive information about all activities, goals and purposes of the association.
4.
Each member has one vote, which is not transferable.
5.
Against an exclusion, the member can submit a written notification within four weeks of receipt of the exclusion notice. Then the general assembly decides with a 2/3 majority on the further membership. In this case, the membership remains until the general assembly has made a decision about the exclusion.
6.
Honorary members may participate in meetings and assemblies of the association, but have no voting rights or claim to offices in the association.
Termination of Membership:
Membership ends:
1.
With the death of the member
2.
Written declaration of resignation with a notice period of at least 3 months to the end of the calendar year.
3.
By exclusion from the association. The exclusion must be communicated to the member in writing. The exclusion occurs:
if the member violates the interests of the association.
if the member demonstrably contributes to the fragmentation or damage of the association.
if the member violates the statutes or does not fulfill their duties.
4.
The board decides on the termination of membership.
5.
The exclusion becomes effective immediately upon receipt of the exclusion notification, unless the member lodges a written objection against it.
6.
Upon termination of membership, there is no entitlement to a share in the association’s assets or participation in the general assembly.
§4 Financing
1. Membership Fees
The membership fees are determined by the general assembly. They are due annually by March 31. Honorary members and honorary presidents pay voluntary contributions.
2. Donations.
3. Third-party funding.
§5 Bodies
1.
Board
2.
General Assembly
3.
The board may, with the consent of the general assembly, decide on the formation of additional bodies and committees.
§6 The Board
1.
The board consists of seven persons: the chairperson, two deputy chairpersons, the treasurer, the secretary, and two additional board members.
2.
The chairperson and the deputy chairpersons form the board within the meaning of § 26 of the German Civil Code (representative board). The association is represented in court and out of court by the chairperson or by one of the deputy chairpersons.
3.
The board is elected by the general assembly for a term of two years. The board remains in office until a new election. If a member resigns during their term of office, the entire board may appoint a replacement member for the remaining term of the resigned member.
4.
If the chairperson resigns during their term of office, then one of their deputies will be elected after an election within the board.
5.
The board conducts the business of the association and handles all administrative tasks, unless they are assigned to another body of the association by the statutes or law. It has in particular the following tasks:
a) The implementation of the resolutions of the general assembly.
b) The convening and preparation of the general assembly. The chairing of the general assembly by the chairperson or one of the deputy chairpersons.
c) The preparation of the budget for each fiscal year, bookkeeping, preparation of the annual report.
d) Admission and participation in the exclusion of members.
e) Conclusion and termination of employment contracts.
6.
The board has a quorum in its meetings if all members have been invited and at least five members, including the chairperson or a deputy chairperson, are present.
7.
The invitation is made in writing or by email by the chairperson or, if they are prevented, by one of the two deputy chairpersons – also in urgent cases and special meetings – at the latest one week before the meeting. No agenda needs to be communicated.
8.
The board decides by simple majority of the valid votes cast. In case of a tie, the vote of the chairperson or, in their absence, that of the deputy chairperson who chairs the board meeting, is decisive.
9.
The resolutions are to be entered in a protocol book and signed by the meeting chair. The entries must contain:
– Place and time of the meeting,
– the names of the participants and the meeting chair,
– the resolutions passed and the voting results.
10.
Board resolutions can be passed in writing if all members of the board agree to the resolution proposal in writing. The documents on the resolution are to be kept as an attachment in the protocol book.
11.
The board is authorized to amend the above statutes if this should be required by the register of associations for registration or by the tax office to obtain charitable status. The same applies to amendments to the statutes subsequently resolved by the general assembly if the general assembly grants the board such authorization on the occasion of the resolution on the amendment to the statutes.
12.
The board may appoint representatives for special tasks and regional representatives.
13.
The board members are elected by the general assembly for a term of two years, upon request secretly and in separate ballots. The candidate who has received more than half of the valid votes cast is considered elected. If this number of votes has not been reached, a runoff election takes place in the second ballot between the two candidates who received the most votes.
14.
The board may, by secret ballot with an absolute majority of the members elected to the board, appoint persons who have rendered outstanding services to the association as honorary presidents or honorary members. Honorary presidents advise the board and may be invited to board meetings.
15.
After the expiry of its statutory term of office, the board remains in office until a new board is appointed.
16.
The treasurer keeps records of the income and expenditure of the association.
17.
Payment instructions up to €10,000 require approval by the majority of the board members.
§7 General Assembly
1.
The general assembly is responsible for all tasks, unless they are assigned to the board or other bodies of the association. It is exclusively responsible for the following matters:
a) Approval of the budget prepared by the board for the next fiscal year.
b) Receipt of the annual report of the board, discharge of the board.
c) Determination of the amount and due date of the membership fee.
d) Election and dismissal of the members of the board.
e) Amendment of the statutes (by 2/3 majority).
f) Dissolution of the association.
g) Decision on the complaint against the rejection of an application for admission.
h) Exclusion of an association member.
i) Appointment of honorary members.
j) The election of two auditors
2.
The ordinary general assembly takes place at least once per calendar year and can also be conducted virtually. An extraordinary general assembly must be convened if:
a – the board decides to convene it for urgent important reasons or
b – 25% of the members request the convening from the board in writing, stating the reasons.
3.
The general assembly is convened by the chairperson of the board or a deputy chairperson in writing, observing a notice period of at least 6 weeks, stating the agenda.
4.
The notice period begins on the day following the dispatch of the invitation letter. The invitation letter is deemed to have been received by the member if it was addressed to the last address communicated to the representative board.
5.
Each member may request in writing the addition to the agenda no later than one week before the start of the general assembly. Requests for additions to the agenda made after this and at the general assembly can only be allowed by decision of the general assembly with a 2/3 majority.
6.
The general assembly is chaired by the chairperson of the board, in their absence by a deputy chairperson, in their absence by another member of the board. If no board member is present, the assembly determines the chair.
7.
For the duration of the board elections, the general assembly elects an election committee.
8.
Candidacy for the board must be announced at least 4 weeks before the general assembly.
9.
The minute taker is appointed by the assembly chair.
10.
The type of voting is determined by the assembly chair, if one-third of the voting members request another voting procedure.
11.
Board elections are conducted by secret written ballot.
12.
The general assembly has a quorum if at least half of the voting members are present.
13.
In the event of a lack of quorum, the chairperson must convene a new general assembly with the same agenda within four weeks, which is quorum regardless of the number of members present. This must be pointed out in the invitation.
14.
Each member has one vote. Vote transfers are not permitted.
15.
Resolutions are passed by a simple majority of the valid votes cast. Abstentions are not counted.
16.
Amendments to the statutes require a 2/3 majority of the valid votes cast.
17.
The members of the board are elected individually, first the chairperson, then the two deputy chairpersons and finally the other members.
18.
In case of a tie, the assembly chair decides by drawing lots.
19.
The general assembly may adopt rules of procedure.
§8 Dissolution of the Association
Para.A:
The association can only be dissolved by three-quarters of the members’ votes.
Para.B:
The resolution on dissolution is legally effective only when the question of the association’s assets has been clarified. In the event of dissolution or discontinuation of the previous charitable purpose, the assets of the association shall be transferred to a legal entity under public law or another tax-privileged corporation for the promotion of public healthcare in Yemen.
§9 Auditors
The auditors have the right to check the cash at any time. At least once a year, before the general assembly, they must audit the cash. The results of the audits are to be recorded in writing for each fiscal year and presented to the board and the general assembly.
§10 Jurisdiction
The jurisdiction of the association is Berlin.