Articles of the Federal Association of the Clubs for Disabled and Their Friends (registered charity)

Preamble 

Due to their conviction that the development of a human society can only be achieved if all its groups participate, all positive energies are combined, and on the basis of the German Constitution and Germany’s liberal, social, democratic system of laws, the organisations that are united in the Federal Association of the Clubs for Disabled and Their Friends and that have worked for the amelioration of the situation of disabled people since 1972 - establish the following articles. 

§ 1 Name and registered address

The association is registered under the name of:

Federal Association of the Clubs for Disabled and Their Friends e. V. – BAG cbf

(registered charity)

The registered address is Bergisch Gladbach

§ 2 Objects

Based on co-operative partnership the BAG cbf works for the integration of people who are at a disadvantage in society.

The BAG cbf fights for the socialisation of disabled and non-disabled people by inspiring them to do things on their own initiative and by developing active partnership, so that

·         they can look after and push through their own interests

·         they can accept responsibility for themselves and for others and assume social duties

The BAG cbf helps people to free themselves from paternalism and to become independent, to design their own life, to participate in social life and to profit from improvements.

The association is politically and denominationally neutral.

The BAG cbf supports all groups who pursue the same objects and work on their realisation. It also co-ordinates nation-wide initiatives and activities of its members.

The BAG cbf realises socialisation under difficult circumstances for example in the following fields:

·         Counselling and support of proactive groups

·         Suggestion of action programmes

·         Initiatives for new conceptions and model programmes

·         Development and testing of new housing possibilities and ways of life

·         National and international continued education programmes

·         Development and realisation of activities in order to induce public awareness

·         Collaboration in research projects, particularly for the development of technical aids and devices for disabled people

·         Exertion of influence on legal developments and political decisions in the interest of disabled people

·         Nation-wide and international co-operation with organisations, institutions and other people working in the field of rehabilitation

·         Co-operation with similar associations abroad

§ 3 Membership

Membership of the BAG cbf is open to:

1.       The Clubs for Disabled and Their Friends as well as other registered charities having similar objects

2.       Working groups of the federal states belonging to the Clubs for Disabled and Their Friends

3.       Other organisations from the rehabilitation sector

4.       Individuals

The Board of Chairmen refuse or accept an application for membership which has to be presented in writing.

If the chairmen refuse an application the applicant has a one-month right of objection after having received the refusal. The next General Meeting will then decide on the refusal.

Membership is terminated if the BAG cbf ceases to exist, the member is excluded from membership or the member resigns by written notice no later than 3 months before the end of the year.

A member is excluded from membership by a resolution of the chairmen. The member has a one-month right of objection. The objection has to be in writing. The following General Meeting will decide on the membership by majority vote.

A member can be excluded from membership in case of behaviour seriously detrimental to the interests and the purpose of the association.

In case of an objection, it is voted on by secret ballot.

Membership gets dormant if the member has not paid the membership fee for two consecutive years. If membership fees continue not to be paid during a third year, membership ends at the end of this third year.

§ 4 Organs of the BAG cbf

The organs of the BAG cbf are:

a)       the General Meeting

b)       the Board of Chairmen

c)       the Advisory Council

§ 5 General Meeting

A General Meeting is held at least once a year and can be called by the Board of Chairmen or on request of 1/3 of the members. A written invitation to the General Meeting has to be sent at least three weeks prior to the meeting together with the agenda.

Votes and quorum

Members mentioned in § 3, #1 shall have one vote

All other members have a an advisory function.

Membership clubs entitle a representative to vote in their name. The representative identifies himself by presenting a written authorisation to the General Meeting. He may represent no more than three members entitled to a vote.

The General Meeting is presided by the Board of Chairmen. If necessary, it may decide on the election of a person to chair the meeting.

Upon request of at least four members entitled to a vote, there has to be a secret ballot.

The quorum is constituted if more than half of the members entitled to a vote are present. The decisions are adopted by simple majority. Abstentions are not counted and have no effect.

The articles can only be changed by a majority of at least 2/3 of the votes.

In case the quorum is not constituted at this time, the Board of Chairmen calls another General Meeting within the following six months. In that meeting a quorum is constituted irrespective of the number of members with a valid vote who are present. Members have to be informed about this procedure in the invitation to that meeting.

Tasks of the General Meeting:

·         Accept the activity and the financial report

·         Discharge the Board of Chairmen

·         Elect a Board of Chairmen

·         Elect two auditors who are not members of the Board of Chairmen

·         Stipulate the membership fees

·         Make decisions on proposals of members, chairmen and auditors

·         Decide about the acquisition or the sale of plots of land

·         Decide about objections to the Board of Chairmen, refusals of membership and on exclusions of members

·         Decide about changes of these articles or the dissolution of the BAG cbf.

The General Meeting is to be recorded in minutes. The minutes are to be signed by the keeper of the minutes and an executive chairman.

§ 6 Board of Chairmen

The Board of Chairmen is constituted by

·         the executive chairman and two executive vice-chairmen, who are all authorised to represent. They constitute the Board of Chairmen according to §26 BGB (civil code). Either the executive chairman and an executive vice-chairman or both executive vice-chairmen represent the association in external relations.

·         four further members

If a chairman resigns from office, the Board of Chairmen may find a replacement within the members of the BAG cbf until the next General Meeting.

The General Meeting elects the Board of Chairmen for two years. The term of office ends when a new Board of Chairmen is elected. Reelection is possible.

The Board of Chairmen informs the members about how tasks have been allocated.

The Board of Chairmen may delegate tasks and appoint committees.

The quorum of the Board of Chairmen is constituted if at least two members of the executive board and two further members are present. Decisions are taken by simple majority. Abstentions are not counted and have no effect. In case of equal votes, the vote of the executive chairman is decisive.

In case of emergency, postal vote or vote by phone are possible. This has to be recorded in the minutes.

§ 7 Advisory Council

For special tasks, the Board of Chairmen may from time to time appoint persons to become advisory members and constitute the Advisory Council.

The Advisory Council supports and advises the Board of Chairmen. Advisory members may participate in the General Meeting.

§ 8 Financing

The BAG cbf is organised exclusively for charitable and public benefit purposes according to the applicable version of the German tax law 1977 (tax-privileged purposes).

The BAG cbf is a non-profit association and is not primarily organised for financial gain.

Among others, funds are raised from membership fees, private and public donations.

The membership fee is stipulated by the General Meeting.

Funds are solely dedicated to purposes meeting the requirements of these articles.

None of the profit of the BAG cbf may be paid to any member of the association. Members may only be reimbursed for expenses.

Nobody shall benefit from BAG cbf expenses other than for the purposes of the association or from disproportional remuneration.

§ 9 Auditors

The auditors control the association’s accountancy at least once a year. They report the result to the Board of Chairmen and the General Meeting.

The financial year corresponds to the calendar year.

§ 10 Dissolution of the BAG cbf

The BAG cbf can only be dissolved during an extraordinary General Meeting specially held for this purpose.

The minimum period of notice required to hold a General Meeting is four weeks. The notice must be sent by registered letter and include the agenda.

The resolution to dissolve the BAG cbf can only be adopted with a ¾ majority of the votes.

If case of the dissolution of the BAG cbf, the property of the association may only be used for purposes according to § 2 of these articles.

In order to meet this requirement the property has to be transferred to the following welfare organisation:

Paritätischer Wohlfahrtsverband - Gesamtverband e.V.,

Heinrich-Hoffmann-Str. 3

60528 Frankfurt/Main

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These articles stipulated during the General Meeting of 30 and 31 October 1976 replace the articles dated 22 April 1972.

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Changes to these articles from the General Meeting on 4 and 5 November 1978 and on 30 and 31 October 1980 are contained in the current version.

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Changes to these articles from the General Meeting on 28 April 1990 are contained in the current version.

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Bundesarbeitsgemeinschaft der Clubs Behinderter und ihrer Freunde e.V.

- BAG cbf e. V.-
Langemarckweg 21
51465 Bergisch Gladbach
Phone: 0049 - 2202 - 9899811
Fax: 0049 - 2202 - 42431