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(1) The association is called "Korean German Network e.V." and will be referred to as "KGN". After registration in the official register of societies and associations at the Frankfurt district court the name "eingetragener Verein" (registered association), abbreviated e.V., will be added. (2) The association has its headquarters in Frankfurt am Main, Germany. The executive board can open branches in other areas or for certain subject areas if necessary. The association shall be registered in the official register of societies and associations. The financial year is the calender year. (1) The association is to solely and immediately pursue purposes for the common good in the sense of the paragraph "purposes entitling to tax relief" of the German tax law. (2) The association's purpose is the promotion of an international meeting place to foster better understanding of cultural, scientific and economic aspects between the Federal Republic of Germany and the Republic of Korea. The association also has the purpose of strengthening friendship among members and protecting their rights and interests. (3) The purpose of these bylaws shall be especially realized by means of - hosting cultural, scientific and economic events, seminars and workshops that serve as information events on cultural, scientific and economic aspects of the Federal Republic of Germany and the Republic of Korea to the general public; - gathering, disseminating, and issuing published information on culture, science and economy in Germany; - promoting the Korean culture in Germany through various supporting measures. (4) The association is a non-profit organization, profit is not its main objective. (5) Deviations from these rules can only be brought about by making amendments to the bylaws, which have to be decided at the general meeting. (1) Every fully legal competent and natural person who is of Korean origin (desired), holds a permanent job (desired) and who is willing to support the purpose of the association can become a member of the association. (2) The executive board is to decide on the membership upon receiving the membership application form that has to be submitted in written form. In the event of admission the member is bound to the bylaws. The membership takes effect upon the handing over of a written declaration of admission. (1) A person ceases to be a member of the association if the person - resigns membership. The resignation must be in written form and received by one member of the executive board at least 6 months prior to the end of the financial year, - dies, - is expelled from the association by decision of the executive board if the member has refrained from paying the membership dues without reason for at least six months, - is expelled formally by decision of the general assembly. a. the prerequisites for admission are no longer met, b. the member has seriously acted against the objectives or interests of the association on purpose or repeatedly acts against them, c. the member ceases to pay the membership dues. (2) The general assembly can decide on expulsion if The executive board is to notify the member in question about the expulsion via certified mail. The decision is only contestable within two months since receipt. (1) The funds of the association are to be taken from membership dues and donations. The amount of membership dues and the payment mode are decided at the general meeting. (2) The association can, after decided by the expanded executive board and agreed on by the general assembly, also determine a special fee that has to be paid by members or a third party. (3) The funds of the association are to be used solely in pursuance of the objectives as determined in the bylaws. The members are neither to receive profit shares in their function as members nor to receive any financial contribution from the association's funds. (4) No person is to be given preferential treatment by means of expenditures that do not meet the purpose of the association or by excessively high financial contributions. (1) The bodies of the association are - the general assembly, - the executive board, - the advisory committee. (2) The auditors present another body of the association. (1) The annual general meeting is to be convened once a year, if possible in the month of December. If the executive board thinks fit it may decide on a different date. (2) A special general meeting must be convened if required by the interests of the association, if decided by the executive board, or if more than 1/5 of the members calls for it in written form stating purpose and reason. (3) The annual general meeting requires a notice to each member via regular mail or e-mail at least 10 days, the special general meeting at least 5 days prior to the holding of the general meeting specifying the date, place and agenda. (4) At least 1/3 of the members present in person constitute a quorum. If the required quorum is not present the general meeting is to be adjourned in accordance with the rules for convening a new general meeting; at the adjourned meeting the members present (being at least 3) are to constitute a quorum. Decisions are to be made by a simple majority of the members present at the meeting. Each member present is entitled to one vote. The decision to change the bylaws and to dissolve the association require a majority of ¨ú of the members present. (5) The business of a general meeting can especially include the following: - modification of the bylaws - election and approval of the executive board - election of the auditors - confirmation of the annual report on the activities of the association during the last preceding financial year given by the executive board - approval of the budget plan for the following financial year - expulsion of a member - change of membership dues - dissolution of the association. (6) The general meeting is not public. The assembly director can, unless otherwise decided by the general assembly, admit guests. The chairperson or the deputy chair cannot act as assembly director if the negotiations or the business to be decided on affects them in person. (1) The executive board (§ 26 of the German Civil Code) is to consist of the chairperson and no more than 5 other members. (2) The executive board is to control and manage the affairs of the association on an honorary basis and represent it in and outside of court. The chairperson represents the association alone, otherwise the association is represented by two members of the executive board. The chairperson is to be responsible for the implementation of the decisions made at the general meeting. (3) The executive board is to keep minutes of all decisions made by way of voting at the board meetings. Three members of the executive board present, of which one is the chairperson, form a quorum. Questions arising at a meeting are to be determined by a majority of votes of the members of the executive board present. In the event of an equality of votes on any question the chairman may exercise a second or casting vote. (4) The term of office of the members of the executive board is to be 1 year. The members of the executive board are to hold office until the conclusion of the annual general meeting, in which the new executive board is elected, and are eligible for reelection. The term of office of the chairperson ends with the assumption of office of the successor. In the event of an early vacancy of the chairperson's office the advisory committee may appoint a successor to hold office until the conclusion of the next annual general meeting. (1) The advisory committee is to consist of no more than 10 persons who work on an honorary basis and are appointed by the executive board by means of a decision based on a simple majority of votes. (2) The main responsibility of the advisory committee is to give advice to the executive board in all matters of the association. In addition the advisory committee is to be responsible for all tasks assigned to it by the bylaws or the general assembly. (3) The executive board is to send out the invitation to the meeting of the advisory committee together with an agenda at least 10 days prior to the meeting via regular mail or e-mail. In urgent cases the advisory board my be invited via telephone or word of mouth. (1) It is the duty of two auditors to check if correct books and accounts are kept, showing the financial affairs of the association, including full details of all receipts and expenditure connected with the activities of the association. The procedure and the results are to be recorded in a written report, which is to be presented at the annual general meeting. (2) The auditors must be members of the association. However they must not be members of the executive board or the advisory committee. The auditors are to work on an honorary basis. (1) The dissolution of the association can only be decided with the number of votes stated in § 9 section 4 last sentence. (2) If not otherwise decided at the general meeting, the chairperson and another member of the executive board are to be the representatives for liquidation. This rule also applies if the association is dissolved due to other reasons or if it loses its legal capacity. (3) In the event of dissolution of the association or loss of its former purpose the association's funds after implementation and conclusion are to be donated to the Red Cross, preferably in Korea, where they are to be used solely and immediately for purposes for the common good, preferably in Korea (if possible according to the tax law). (1) The executive board is entitled to decide on issues that are not settled in these bylaws according to the German law. These bylaws take effect with the registration of the association in the official register of societies and associations. | |
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