Constitution of the society

Statutes

§ 1 Name, seat and business year of the society

1.1 The name of the society is: “James Loeb Gesellschaft e.V.”. The society is registered in the official society register.
1.2 The seat of the society is Hochried 1, 82418 Murnau.
1.3 The business year is the calendar year.

 

§ 2 Purpose of the society

2.1 The society pursues exclusively and directly non-commercial aims in the sense of the paragraph “purposes entitled to tax exemption” according to the tax code of 1.1.1977.
2.2 These aims consist of the furtherance of the memory of James Loeb and the support for the work of Hochried Clinic in Murnau.

Specifically, for example, the following measures may be carried out to this end:

  • The support of activities which perpetuate the memory of James Loeb
  • Maintenance of the villa and park of James Loeb in Murnau
  • Support for children, young people and families who seek help in Hochried Clinic.
  • Support for the maintenance of Hochried Clinic

2.3 The society is a not-for-profit organisation. It does not primarily pursue aims with a commercial purpose.
2.4 The funds of the society may only be used for purposes which conform to those listed in the statutes.
2.5 No persons may benefit from expenditure which is not in line with the purposes of the society, or from disproportionately high payments.
2.6 All those who hold official positions in the society shall do so in an honorary capacity.
2.7 Any change to the statutes which could have possible effects on the charitable status of the society must be presented to the Tax Office responsible before being registered at the registry court.

 

§ 3 Membership

3.1 Any individual or legal entity who recognises the purposes of the society may become a member. Applications for membership should be addressed informally in writing to the board. The decision regarding the application will be made by the executive board.
3.3 Persons who have rendered particular services to the society may become honorary members. The appointment shall be made following a resolution by the general meeting.
3.4 Membership of the society shall end as a result of the following:

  • The resignation of the member
  • Death, dissolution, bankruptcy or the withdrawal of legal capacity
  • Exclusion

3.5 A member may tender his or her resignation at any time in writing to the board with effect from the end of the current business year. There will be no reimbursement of partial membership dues.
3.6 The general meeting can decide on the exclusion of a member by means of a two-thirds majority vote of the members present. The application for exclusion must be announced on the invitation to the general meeting. The member concerned shall be given the opportunity to state his or her point of view to an organ of the society at least three weeks before the proposed exclusion. Exclusion may result in cases of gross or repeated infringement of the statutes or the interests of the society.

 

§ 4 Rights and duties of members

4.1 Members have the right to participate in the general meetings of the society, to submit proposals and to make use of their vote. Each member entitled to vote has one vote which may only be used personally.
4.2 Members are required to pay the membership dues agreed on in the general meeting.
4.3 In exceptional cases the board may reduce or waive the membership dues upon application, provided that the member supports the society by means of voluntary work.
4.4 Honorary members do not pay a membership fee.

 

§ 5 Acquisition of funds in order to fulfil the aims of the society

5.1 The necessary funds may be obtained through:

  • Membership fees
  • Donations, events with an entrance fee
  • Other income, e.g. from foundations and legacies

5.2 The annual membership fee for the current business year is due initially upon joining, and thereafter at the beginning of the business year.

 

§ 6 Organs of the society

6.1 The organs of the society are:

  • The Executive Board
  • The Extended Board
  • The General Meeting

The organs of the society may establish their own rules of procedure.

6.2 The Executive Board consists of:

  • The Chairman
  • The Deputy Chairman
  • The Treasurer

The Executive Board directs the work of the society and is responsible for ensuring that all the tasks and duties resulting from the statutes and the decisions of the general meeting are carried out. It represents the society both legally and out of court. The Chairman, the Deputy Chairman and the Treasurer are all authorised to give legally binding statements and signatures independently of each other.

The Treasurer is in charge of the accounts of the society and keeps a record of income and expenses. He or she effects payments on behalf of the society on the instructions of the Chairman.

Funds received for a specific purpose shall be administered separately. The Treasurer shall ensure that such funds are only used in accordance with their declared purpose. This purpose must, however, be compatible with the purposes of the society (§ 2).

The Chairman is elected by the General Meeting for a period of three years. However, he or she shall remain in office until such time as the General Meeting has elected a new Chairman. Repeated election is permitted.

6.3 The Extended Board consists of the Executive Board together with up to 12 committee members co-opted by the board.

The Extended Board shall determine the allocation of the funds.

 

§ 7 The General Meeting

7.1 A General Meeting must be called by the board at least once per year. The members of the society are entitled to vote.
7.2 Members must be invited to the General Meeting in writing at least two weeks before the proposed date. They must be informed in advance of the agenda of the meeting.
7.3 A General Meeting which has been properly called shall be considered a quorum regardless of the number of members actually present.

 

§ 8 The tasks of the General Meeting

In particular the tasks of the General Meeting are as follows:

  • Election of the Chairman,
  • Election of two cash auditors,
  • Receipt of the Chairman’s annual report,
  • Receipt of the cash auditors’ audit report,
  • Approval of the activities of the board,
  • Resolutions regarding the practical and content-related work of the society,
  • Resolutions regarding changes to the statutes of the society, resolutions regarding the dissolution of the society, determination of the amount of the membership fees.

 

§ 9 Resolutions of the General Meeting

9.1 Resolutions are passed by a simple majority of the members present, inasmuch as there are no other terms within the statutes that prescribe a different majority of votes; abstentions are not counted when calculating the simple majority.
9.2 Resolutions are passed by a show of hands and counting.
9.3 Voting may take place as a secret ballot if a member proposes this method
9.4 If changes to the statutes are proposed, this point on the agenda must be indicated in the invitation to the General Meeting. The previous text and the proposed new text must both be noted on the invitation.

 

§ 10 Recording of resolutions

10.1 Minutes are to be taken regarding the resolutions of the General Meeting. The minutes must be signed by the chairman of the meeting and the minutes secretary.

 

§ 11 Dissolution of the Society

11.1 The Society shall be dissolved by a resolution of the General Meeting, whereby 3/4 of the members present must vote in favour of the dissolution. The General Meeting may only resolve the dissolution of the Society when this has been noted as an agenda point on the invitation to attend the General Meeting.
11.2 If the Society is dissolved or its favourable status as a charitable association for tax purposes is cancelled, the Society’s funds shall be made available for the use of the Katholische Jugendfürsorge der Diözese Augsburg e.V.

  • Execution, support and co-planning of events that preserve the memory of James Loeb.
  • Support for children, young people and families who seek help from the Katholische Jugendfürsorge.
  • Support for the acquisition of equipment items and building projects for Hochried Clinic.

Last changed on 24.4.2016