Statutes - Pateka e.V.
Preamble

The association Pateka e.V. aims to support children, adolescents, students, and individuals seeking vocational training, both domestically and abroad. Many of them cannot afford simple necessities such as weather-appropriate clothing in addition to educational materials. The lack of financial resources hinders their participation in education. Governments, especially in developing countries, are often overwhelmed by this situation. The association is committed to enabling equal opportunities and offering a perspective for the future. Therefore, Pateka e.V. seeks to generate monetary and in-kind donations to build a bridge between those in need and those willing to help. Donations are used exclusively for charitable and benevolent purposes

§ 1 Name, Headquarters, Financial Year

1. The association is named “Pateka.” It shall be registered in the association register and then bear the suffix “e.V.”
2. The association is headquartered in Nuremberg and was established on Friday, June 30, 2023.
3. The association’s financial year is the calendar year.

§ 2 Purpose, Tasks, Principles

1. The association exclusively and directly pursues charitable and benevolent purposes within the meaning of the section “Tax-Privileged          Purposes” of     the Tax Code (§§ 52 & 53 AO).
2. The association’s purpose is:
   • The promotion of youth welfare.
   • The promotion of education, popular and vocational training, including student aid.
3.  The purpose of the statutes is realized in particular through the one-time or periodic financial support of the specified target groups. The association operates as a supporting association within the meaning of § 58 (No. 1) of the Tax Code. The realization occurs concretely through:
   • Procurement of school materials.
   • Procurement of clothing for school purposes (e.g., school uniforms, equipment for physical education).
   • Procurement of daily necessities for extracurricular purposes.
   • Payment of contributions or fees.
   • In-kind donations.
   • Payment of daily and extracurricular needs.
4. The association is politically, ethnically, and denominationally neutral.
5. The members of the association’s bodies perform their duties on a voluntary basi

§ 3 Non-Profit Status

1. The association is selflessly active; it does not primarily pursue its own economic purposes.
2. Funds received by the association may only be used for statutory purposes.
3. Members do not receive grants from the association’s funds.
4. No person may be favored by expenses that are alien to the purpose of the association or by disproportionately high remunerations.
5. Volunteers are only entitled to reimbursement of proven expenses.

§ 4 Acquisition of Membership

1. Any natural or legal person can become a member of the association. The founding members of the association are regular members.
2. Membership must be applied for in writing to the board. For minors, the application must be submitted by their legal representatives. The board decides on the membership application at its discretion. The rejection of the application does not need to be justified to the applicant.

3. On the proposal of the board, the general meeting can appoint members or other persons who have rendered outstanding services to the association as honorary members for life

§ 5 Termination of Membership

1. Membership ends by withdrawal, expulsion, or death of the member.
2. Membership ends by the dissolution of the association.
3. Withdrawal must be declared in writing to the board. It is only permissible at the end of the financial year and with a notice period of three months.
4. A member may be expelled from the association:
      • For a significant breach of statutory obligations.
      • For a serious violation of the association’s interests.
      • For damaging the reputation of the association in a severe manner.
5. The board decides on the expulsion. Before the decision, the member must be given the opportunity to comment verbally or in writing; for this purpose, the member must be given at least 14 days’ notice in writing.
6. The decision on expulsion must be justified in writing and sent to the member by registered letter. The decision can be appealed to the general meeting; the appeal must be submitted in writing within three weeks after the decision is sent. The generalmmeeting decides finally. 

7. A member may also be expelled if, despite two written reminders from the board, theyare in arrears with the payment of contributions or levies amounting to more than one annual contribution. The expulsion can only be decided by the board if three months have passed since the second reminder, which must contain the hint of expulsion.

8. Members whose membership has expired have no claim to shares of the
association’s assets. Other claims against the association must be made in writing by
registered letter within six months of the expiration of membership and justified

 

§ 6 Membership Fees

1. Contributions are collected from members. The amount of the annual fee and its due date are determined by the general meeting. The contribution regulations govern further details. They are not part of the statutes.
2. Honorary members can be exempted from the obligation to pay contributions. Exemption is at the board’s discretion.

§ 7 Rights and Duties

1. Members are entitled to participate in the association’s events within the framework of the association’s purpose.
2.Each member is obliged to comply with the statutes and further regulations of the association. All members are required to show mutual consideration and to adhere to common values.
3. Members are obliged to pay contributions.

§ 8 Organs

The organs of the association are:
• The board
• The general meeting

§ 9 Board

1. The board within the meaning of § 26 BGB consists of:
• The first chairman
• The deputy chairman
• The treasurer
2. The chairman, the deputy chairman, and the treasurer represent the association judicially and extrajudicially. Two board members jointly represent the association.
3. The board is responsible for representing the association in accordance with § 26 BGB and managing its affairs. The board makes its decisions unanimously. In case of a tie, the chairman’s vote decides, or in his absence, his deputy’s vote. The board organizes and supervises the activities of the departments; it is authorized to establish committees for specific purposes. The board can issue binding regulations. The board reports to the general meeting on its activities.
4. The board meetings are chaired by the first chairman or, in his absence, the deputy chairman. The board’s resolutions must be recorded for evidence purposes and signed by all present board members. A board resolution can, if necessary, be made in writing or by telephone if all board members agree to the resolution.
5. The combination of several board offices in one person is not permitted.
6. Board tasks can be remunerated based on a service contract or against payment of an expense allowance in accordance with § 3 No. 26a EStG, within the budgetary possibilities and by resolution of the general meeting.
7. The board is authorized to hire full-time employees for managing tasks and running the office, within the budgetary possibilities.
8. Board members and volunteers have a reimbursement claim according to § 670 BGB for expenses incurred through their work for the association. These include, in particular, travel costs, travel expenses, postage, and telephone.

§ 10 Term of Office of the Board

The board is elected by the general meeting for two years. However, it remains in office until a new election takes place. Only ordinary members who are at least 18 years old are eligible for election. Re-election of a board member is permitted.

§ 11 Board Consultation and Resolution

1. The board meets as needed. Meetings are convened by the chairman or, in his absence, by his deputy. The board is quorate if at least two members are present. Resolutions are passed by a majority of the valid votes cast. In the event of a tie, the chairman’s vote decides, or in his absence, his deputy’s vote.
2. Board resolutions must be recorded. The protocol must be signed by the recorder and the chairman, or in his absence, by his deputy or another board member.

A§ 12 General Meeting

1. The ordinary general meeting takes place annually.
2. An extraordinary general meeting takes place if the association’s interest requires it or if one-quarter of the members request it in writing, stating the reasons, to the board.

§ 13 Responsibilities of the Ordinary General Meeting

The ordinary general meeting is particularly responsible for:
• Receiving the board’s reports.
• Receiving the treasurer’s report.
• Discharging and electing the board.
• Electing the treasurer.
• Setting membership fees, levies, and their due date.
• Approving the budget.
• Deciding on amendments to the statutes and the dissolution of the association.
• Deciding on the admission of new members and the exclusion of members in appeal cases.
• Appointing honorary members.
• Deciding on applications.

§ 14 Convening General Meetings

1. The general meeting is convened by the board with a notice period of two weeks, stating the agenda. The notice period begins on the day after the invitation letter is sent. The invitation letter is deemed received by the member if it is addressed to the last address or email address provided to the association. The agenda is set by the board.
2. Applications to the general meeting can be submitted by the board and the members. They must be submitted in writing with reasons one week before the meeting.
3. The general meeting decides on motions to supplement the agenda, which are only submitted during the general meeting, with a majority of three-quarters of the valid votes cast. Amendments to the statutes, the association’s purpose, or the dissolution of the association can only be decided if these motions have already been included in the agenda of the invitation to the general meeting.

§ 15 Resolutions of the General Meeting

1. The general meeting is chaired by the first chairman, in his absence by his deputy, and if both are absent, by an elected chairman.
2. The general meeting is quorate if it has been duly convened.
3. Resolutions are passed by a majority of the valid votes cast. Abstentions are not counted.
4. Amendments to the statutes and the dissolution of the association can only be decided by a majority of three-quarters of the valid votes cast. Amendments to the statutes required by supervisory, judicial, or financial authorities for formal reasons can be implemented by the board without a resolution of the general meeting. These amendments to the statutes must be communicated to the members in writing at the
next general meeting.
5. Voting is generally done by show of hands. At the request of one-third of the members present, voting must be done in writing and secretly.
6. The decisions of the general meeting must be recorded. The protocol must be signed by the chairman of the meeting and the recorder.

§ 16 Elections

1. The election of the board is done by the general meeting by show of hands. At the request of one-third of the members present, the election must be done in writing and secretly. If no candidate achieves a majority of the valid votes cast in the first ballot, a runoff election is held between the candidates with the two highest numbers of votes.
2. The elected candidate must declare his acceptance of the election within one week to the board; otherwise, the election is invalid, and a new election must be held

§ 17 Protocols

1. Resolutions of the board and the general meeting must be recorded in writing.
2. The protocol must be signed by the respective chairman of the meeting and the recorder.

§ 18 Complaints Committee

1. The general meeting elects three members to the complaints committee for twoyears. Members of the complaints committee may not belong to the board.
2. The complaints committee is responsible for mediating internal association disputes and, if necessary, making binding decisions.

§ 19 Dissolution of the Association and Entitlement

1. The dissolution of the association can be decided in an ordinary or extraordinary general meeting with the majority stipulated in § 15. Unless the general meeting decides otherwise, the chairman and the deputy chairman are jointly authorized liquidators (handling the dissolution of the association). The above regulation applies accordingly if the association is dissolved for another reason or loses its legal capacity.
2. In the event of the dissolution of the association or the loss of its tax-privileged purpose, the association’s assets fall to the Förderungsnetzwerk Afrika e.V. in Nuremberg, which must use the assets directly and exclusively for charitable
purposes.

§ 20 Entry into Force

These bylaws were adopted by the general meeting of the association on October 13, 2023, in their present form.

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