Kendo Dojo Köln e.V. as of May 25, 2007
§1 Name and location
The association’s name is „Kendo Dojo Köln“ with the addition “e.V.” as registered and is located in Cologne, Germany.
§2 Purpose
The association’s designated purpose is to offer its members the possibility, to learn and practice kendo. Furthermore, this association promotes kendo as a culture of the body and the mind, and thus strives to contribute to and deepen the friendship between Japan and Germany.
Contacts to other kendo practitioners and associations shall be deepened and promoted.
The association is a non-profit association within the meaning of the chapter “Tax-Exempt Objectives” of the Regulation of Taxation (Abgabenordnung).
§3 Membership
The application for admission has to be sent to the board members in writing. It needs to be signed personally. Minors (who are not yet 18 years old) can only become members by written consent of his or her legal representative.
The decision about admission is made by the board.
The membership is not transferable.
§4 Body and institutions
The association consists of the following body:
- Board
- General meeting
- Cash auditor
Following the decision of the general meeting, committees for special tasks can be implemented.
§5 Board
The association board consists of three people, the first board chairman, the vice-chairman, and the treasurer.
According to the German Civil Code (BGB) §26, the board consists of the first chairman and his representative. The board decides all matters on an ordinary majority. The treasurer is responsible for all financial affairs. The treasurer’s vote is decisive in all financial matters dealt with by the board.
The board is elected for two consecutive years at the general meeting with an ordinary majority. Until the election of a new board, the board members stay in office even when their time in office has ended.
At the latest, five days after the election, the assumption of office has to be made.
Until the assumption of office is made, the former board will continue their duties.
The trainers are part of the extended board as advisors with one vote each.
The board’s office is an honorary office. The board will establish bylaws.
Board meetings have to be minuted.
§6 General Meeting
General meetings take place once per year. At least two weeks in advance, the board has to invite all members by writing.
Each duly convened general meeting has a quorum. The general meeting decides on an ordinary majority
Changes to the bylaws or a deselection of the board can be made by a two-thirds majority. A dissolution of the association can be made by a three-quarter majority of all members. The general meeting functions as a regulatory body to the board. Decisions made by the general meeting are mandatory to the board. An extraordinary meeting has to be held if 20% of all members demand one.
§7 Membership and admission fees
The general meeting decides on membership and admission fees. Membership fees are obligatory according to the German Civil Code (BGB). They have to be paid quarterly in advance, due on the 15th day of a month of the first month per quarter. Generally, fees have to be paid by direct debit mandate.
§8 Incomes and profits
Possible incomes and profits must be used according to these statutes only – with special regard to §2.
Members will not be reimbursed for done work when leaving the association or in case of dissolution of the association. Any paid capital contribution will be reimbursed in full.
Prizes won by teams will become property of the association. The association’s activities are altruistic, it does not predominantly pursue economic profits. The association’s capital must only be used for purposes according to these statutes. Members will not receive any donations made from the association’s funds. No individual person must become a beneficiary for other purposes as those mentioned in these statutes or receive disproportionate compensations.
§9 Membership termination
Membership ends by death, cancellation, or exclusion.
- Cancellation: Cancellation of membership can only be made in writing to the board members one month prior to the end of a quarter.
- Exclusion: Exclusion of members is valid in the following cases:
- Repeated or gross violations as to these statutes, especially referring to §2 and §7.
- Damaging the association’s reputation or compromising other members.
The board decides on the exclusion after written consultation with the member. The membership ends upon receipt of the notification. The member affected has the right to complain prior to the next general meeting after having received the notification. The general meeting will then ultimately decide the matter.
§10 Other duties
Community work: Should the need arise, the general meeting can decide on community work hours, which have to be fulfilled by any member. Members can be relieved of community work for specific reasons by the board.
§11 Amendments to the statutes
The general meeting can decide on amendments to the statutes. Any member can make according suggestions.
§12 Minutes
Each general meeting has to be minuted. The minute has to be signed by a board member or their representative and by the minute keeper, who has been elected by the general meeting. The minute has to be disclosed and approved by the general meeting not later than by the subsequent general meeting.
§13 Cash auditor
The general meeting will elect two cash auditors who must not belong to the board. The cash audit hast be to carried out annually. For the approval of the treasurer’s work, the cash auditor’s report has to be presented at the general meeting. During the cash audit, the auditors have the same rights and obligations as the board members. If a cash auditor – on the basis of an important reason – cannot out carry out his or her task, the first chairman appoints by the remaining cash auditor’s suggestion a replacement auditor, who will serve as auditor until the next general meeting.
§14 Liability
The association bears liability with its assets; more extensive liability is precluded.
The association is neither liable for accidents during events, nor for thereof resulting injuries, nor for the loss or damage of tangible assets stored at the association’s or other training premises.
§15 Fiscal year
Fiscal year is the calendar year.
§16 Dissolution
Dissolution of the association can only be made by a solely for this purpose held general meeting, which has to be convened at a four weeks’ notice. The decision has to be made by a three-quarters majority. The general meeting also decides on the method of the dissolution and on the realization of the association’s assets. In the case of a dissolution or resolution of the association, or if its purpose up to this date ceases to exist, these assets shall be endowed to a corporation of public law or another tax-deductible corporation for the promotion of kendo.
§17 Registration
After these statutes have been signed, the association has to be registered with the Vereinsregister (register of associations) of the city of Cologne.