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HOG | Constitution
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Constitution of the “Kriegsdorf  HOG”

(Passed by the General Meeting of January 31, 2009)

§ 1 Name, Head Office, Financial Year, Interpretations

  1. Them Name of the Association is “Heimat-Orts-Gemeinschaft Kriegsdorf”, referred to as HOG Kriegsdorf in the following documents.
  2. The association’s head office is at D - 84478 Waldkraiburg.
  3. The financial year consists of 2 calendar years
  4. In an effort to simply the language of the Constitution, only the masculine form will be used. However, all descriptions in this document will apply to both male and female (Not required in the English document).



§ 2 Purpose and the Objectives of the association

  1. The HOG Kriegsdorf is an idealistic association and is a non- profit organization.
  2. The HOG Kriegsdorf understands itself as its own community to pursue the preserving and promotion of the homeland remembrances and close community ties of all Kriegsdorfers independently of faith (denomination) origin or nationality.
  3. Other objectives are:
  • organization of Homeland meetings
  • consulting, supporting, and assisting in all social, economical and cultural questions, also to help enforce the rights of members as far as it is possible for the HOG Kriegsdorf organization.
  • to provide the members with reports, information by means of periodical publications, also as Internet-Homepage (if possible translated into English)
  • promotion of youth involvement
  • acquisition and research of the families and social structures from the people of Kriegsdorf history. These documents are to be conserved and be accessible for  all our fellow countrymen
  • participation and support of the home town churches, cemeteries and other facilities
  • treatment and settlement of the suggestions and wishes from the members of HOG Kriegsdorf



§ 3 Not-For-Profit Charter

  1. The HOG Kriegsdorf pursues exclusively and directly only non-profit objectives in the sense of the word “Tax-Privileged” purposes.
  2. The Association is selflessly active and does not pursue objectives for profit making purposes. Members do not receive any allowances or salaries from the association’s budget.
  3. The HOG Kriegsdorf may not permit any person to benefit from expenses which are not consistent with the Association’s purposes or by a disproportionately high remuneration.



§ 4 Membership

  1. Members in the HOG Kriegsdorf can be:
    1. Ordinary members – Membership is open to all in the community over 18 years by applying in writing to the Executive Board.
    2. Honorary members – Individuals with exceeding accomplishments for the association can have honorary membership given by the members in the general meeting.
    3. Youth members – are any persons under 18 years. For minors the consent of a legal guardian is required.



§ 5 To apply for Membership

  1. Membership to the HOG Kriegsdorf may be acquired by any person wishing to support the objectives of the association.
  2. An application for membership is be sent to the board in writing; the board will decide about the acceptance.



§ 6 Termination of Membership

  1. Membership can be terminated by death, resignation or expulsion.
  2. The withdrawal must be a written notice to the board. The declaration of withdrawal is valid upon receipt by the board. A resignation is only valid with a period of notice of one month before the end of a calendar year.
  3. A member can be expelled when their conduct greatly violates the interests of the association or has received two written reminder and does not pay the membership fees. The expulsion goes into effect by a resolution of the Executive Board.



§ 7 Rights of members

  1. All members of the HOG Kriegsdorf have the right to take part in the General Meeting. Ordinary members have the right to vote and are eligible for election to hold office.



§ 8 Membership fees and other earnings

  1. The HOG Kriegsdorf levies annual membership fees from its ordinary members. The amount of contributions and your dues are set by the General Meeting.
  2. The membership fees, private donations, benefits from the public purse, may only be used for purposes that are keeping with the objectives of this organization.
  3. Earmarked donations are to be used for the corresponding function.



§ 9 Bodies of the HOG Kriegsdorf

  1. General Meeting of the Membership
  2. Executive Board
  3. Financial Auditors



§ 10 General Meetings of the Membership

  1. The General Meeting of the Membership is the associations highest body.
  2. An Ordinary General Meeting will take place at least once every two years. This will be in accordance with the decisions of the board at the place day and time indicated on the invitation to the meeting.
  3. The resolution from the General Meeting is permissible regardless of the number of members in attendance.
  4. Votes are generally decided by raising hands, as long as the assembly of members does not decide by a bare majority to take a secret vote.
  5. The General Meeting of member’s specific tasks include:
  • Election of the board
  • Examination of the activity and resolution of the board
  • The approval of the financial budget of the board
  • Election of the financial auditors
  • Setting the membership fees
  • Dissolution of the association



§ 11 Election of the Executive Board and Financial Auditors

  1. The election of the board and financial auditors are as described in Annex 1.



§ 12 The Executive Board

  1. The members of the board are elected by the assembly of members for a term of two years. Re-election is permitted.
  2. The Executive Board works on an honorary basis and consists of:
    • the Chairman
    • two Deputies
    • the Treasurer
    • the Secretary
    • six Regional Representatives for the responsibly of organizing activities
    • two Homeland Representatives
    • on Representative for public relation (Homepage)
  3. In the event of premature resignation of one of its members the Executive Board should at its discretion, appoint a replacement for the remaining period of office.
  4. Resolutions of the board, are carried by a simple majority of those present. In the event of a tie, the Chairman can cast the deciding vote.
  5. Tasks of the Executive Board:
    • organization of board meetings which are to be held once a year
    • management of the membership list
    • administration of the finances
    • co-ordination of all association activities
    • to give full disclosure of activities at the General Meeting
    • to release information
    • management of the current transactions
    • organization of the country-meetings
    • assimilation or expulsion of members



§ 13 The Financial Auditors

  1. The members of the financial auditors are elected by the assembly of members for a term of two years. Re-election is permitted. A board member cannot be an auditor at the same time.
  2. The financial auditors will review the books of the organization on a biennial basis and will report directly to the General Meeting.



§ 14 The Treasurer

  1. The agenda of the Treasurer must include:
  • administration of the association’s accounts
  • collection of outstanding accounts
  • payment of a dept
  • to keep the books and annual financial statement checkable and comprehendible by each member



§ 15 Representation on the organization

  1. The association will be represented judicially and extra judicially by the chairman and your two deputies.
  2. Each member is authorized to represent the organization.
  3. The interior relationship of the board is valid with the two deputies and only the chairman can override the decision made.



§ 16 Amendment of the Constitution

  1. The amendment of the Constitution can be valid only on the consent of the General Meeting.
  2. Specific amendment of the Constitution when required by the tax office or register of the association can be decided by the board with a simple majority.



§ 17 Dissolution of the Association

  1. The dissolution of the HOG Kriegsdorf may only be decided at the General Meeting with at least three quarters of the members present approving the motion.
  2. In case the dissolution of the organization take place. The liquidation shall be carried out by the board as the liquidator if the General Meeting decides no other course of action.
  3. In case of dissolution or loss of tax-privileged status; the clubs purse shall go to the municipality Trossingen to the exclusive and direct use for non-profit purposes.



§ 18 Legal validity

  1. This constitution has been translated from German into English. Only the original German text is legally binding.
  2. Unless otherwise stated in this constitution, the provisions of the German Civil Code (BGB) is applicable. In the event of one or other of the provisions contained in this constitution being invalid according to current or subsequent law, the validity of the remaining provisions shall not be affected.

 

Annex 1

Electoral procedure for the election of the Board and the financial auditors

  1. The acting Executive Board has a right of nomination. A list of candidates suggested by the board is announced the months before the General Meeting. The candidates are presented to everyone separately. Voting by mail is admissible.
  2. Members of the board who do not want to stand as a candidate anylonger, may make an informal declaration of their decision not to run for office.
  3. Candidates who are to be nominated, must be able to assume office if they are elected (must sign a declaration of consent).
  4. To conduct the election of the board the General Meeting selects an election committee by show of hands consisting of an election administrator and two election workers.
  5. During the election the election administrator presides over the management of the election.
  6. The candidates can introduce themselves by their own announcement to run for office before the beginning of the election.
  7. The election takes place for every office separately.
  8. The election shall take place secretly with ballots; each eligible voter can cast only one ballot for each position.
  9. Ballots which contain more than one name or not nominated candidates are invalid. Blank ballots are valid as abstention from voting.
  10. If only one candidate is available for an office a simple majority by show of hands is sufficient for election for that post.
  11. The ballots will be collected and delivered to the election supervisor and abulated with the election workers.
  12. The result of the election will be announced by the election administrator, as follows:
    • number of the ballots cast
    • number of the invalid ballots
    • number of the abstentions
    • number of votes for the candidate from valid ballots
    • name and office of the elected
  13. The election administrator makes sure whether the candidate accepts the elected position. Upon acceptance the election result is validated.
  14. If votes are a tie: a second ballot takes place. In case of another tie the draw of lots will decide the position.

 

Election of the Financial Auditors

 

  1. The election of the financial auditors follows the election of the board.
  2. The General Meeting nominates at least two candidates. The candidates may not be members of the board. They are elected by shows of hands.
  3. If several candidates are nominated the two with the most votes shall be elected.

 

Inauguration of the newly elected board committee

 

  1. After the election of the board and financial auditors, the election administrator shall hand the chair to the newly elected board.
  2. This shall end of the electoral committee’s task.

 

Final clauses


This constitution was passed by the General Meeting of Kriegsdorf on January 31st, 2009 in Trossingen and is effective immediately.

Trossingen on January 31st, 2009

Signature of the founding members

 

The constitution was translated by Frank Hotz, Leamington, Canada on 2009.

 

Last Updated on Monday, 10 October 2016 05:28