Ich stand kürzlich vor der Aufgabe, die Satzung des Datenanfragen.de e. V. für dessen Webseite ins Englische zu übersetzen. Der Verein, in dessen Vorstand ich sitze, hat es sich zur Aufgabe gemacht, der Allgemeinheit bei der Ausübung ihres Rechts auf Datenschutz zu helfen. Da wir uns nicht nur an ein deutsches, sondern ein internationales Publikum richten, wollen wir natürlich eine englische Übersetzung unserer Satzung anbieten.
Wir haben uns bei der Gestaltung der Satzung in großen Teilen an der Mustersatzung für einen eingetragenen Verein vom Landesamt für Steuern Niedersachsen orientiert. Ich stellte jedoch fest, dass bisher noch nicht wirklich eine Musterübersetzung einer solchen Satzung zur Verfügung steht.
Im Folgenden also meine englische Übersetzung der oben genannten Mustersatzung. Mustersatzungen von anderen Stellen sind in der Regel ähnlich, haben aber stellenweise etwas andere Struktur oder Formulierung. Hier sind – ebenso wie bei Abweichungen von der Mustersatzung – ggf. Anpassungen nötig, die sich aber im Rahmen halten sollten.
Die farbig hinterlegten Abschnitte müssen in jedem Fall angepasst werden.
Bei Fehlern oder Verbesserungsvorschlägen freue ich mich über eine Nachricht.
1. Name, registered seat and financial year
1.1 The association is to bear the name “Musterverein zur Förderung des Förderungsgegenstandes e. V.”. It is to be entered into the register of associations of the district court of Musterhausen.
1.2 The association’s registered seat is in Musterhausen, Germany. It has been established on Jan 01, 1970.
1.3 The association is politically, ethnically and confessionally neutral. It is a member of Deutscher Verband der Mustervereine.
1.4 The financial year corresponds to the calendar year.
1.5 The association exclusively and directly pursures public benefit / charitable / religious purposes as per the section “tax-privileged purposes” of the AO (German fiscal code).
2.1 The association’s purpose is to be an example for other associations.
These goals are achieved specifically by providing an English translation of the model constitution for associations.
2.2 The association acts for the common good and does not pursue its goals primarily for the purpose of profit making.
2.3 The association’s means may only be used for the purposes as laid down in this constitution. Its members do not receive payments from the association’s means.
2.4 No one may be favoured through payments which do not serve the association’s purpose or are disproportionally high.
2.5 People acting voluntarily are only entitled to the compensation of their own documented expenses.
3. Acquisition of membership
Any natural person or legal entity may become a member. The board makes the final decision on the membership application.
4. Termination of membership
The membership ends:
a) with the death of the member,
b) by voluntary withdrawal,
c) by removal from the list of members,
d) by exclusion from the association, or
e) in the case of legal entities, by their dissolution.
Voluntary resignation requires a written declaration to a chairperson. It is accepted by the end of a calendar year subject to a cancellation period of three months.
A member may be removed from the list of members by decision of the board if, after two reminders, they are still in arrears with the payment of the membership fee. The member must be informed of the removal in writing.
If a member has grossly violated the interests of the association, they may be excluded from the association by decision of the general assembly. Before a decision is made, the member must be given the opportunity to personally justify themselves. A potential written statement by the affected member must be read out at the general assembly.
5. Membership fees
Membership fees are to be collected from the members. The amount of the annual fee and its terms of payment are determined by the general assembly.
Honorary members are exempt from the obligation to pay membership fees.
6. Organisational bodies of the association
The association is comprised of the following bodies:
a) the board, and
b) the general assembly.
7. The board
The board in the sense of § 26 BGB (Germany) is comprised of:
a) the first chairperson, and
b) the second chairperson, and
c) the recording clerk, and
d) the treasurer.
The association is jointly represented judicially and otherwise by two members of the board.
The combination of multiple board positions in a single person is not permitted.
8. Term of office of the board
The executive board is elected by the general assembly for a period of two years from the day of the election. It will remain in office until the election of a new board.
If a chairperson resigns during the term of office, the executive board elects a substitute chairperson from among the members of the association for the remaining term of office of the resigning chairperson.
9. Decision-making process for the board
In general, the executive board makes its decisions during board meetings, which are summoned by the first or second chairperson in writing by telephone or by telegraph. A notice period of three days must be adhered to in all cases. No prior notification of the agenda is required. The executive board possesses quorum if two board member, including the first or second chairperson, are present. Decisions are taken by a majority of the valid votes cast. In the event of a tie, the vote of the session chair will decide.
At a board meeting, the first chairperson—or, in their absence, the second chairperson—acts as the session chair. The decisions of the board are to be recorded for evidence purposes and signed by the session chair.
A decision of the executive board may also be made in writing or by telephone, if all chairpersons express their approval of the proposed provision.
10. The general assembly
Each member—including honorary members—present has one vote at the general assembly.
The general assembly is responsible in particular for the following matters:
a) accepting the board’s annual report; exonerating the board,
b) setting the amount and terms of the membership fees,
c) electing and dismissing the members of the board, and
d) deciding on potential amendments to the constitution, as well as a potential dissolution of the association, and
e) nominating honorary members.
11. Summoning of the general assembly
The regular general assembly is to take place at least once a year, perferably during the last quarter. It is summoned by the board through written invitation stating the agenda and with a notice period of two weeks. The period begins with the working day following the dispatch of the invitation. The invitation is deemed to have been delivered to the member if it is addressed to the last address the member has made the association aware of in writing. The agenda is set by the board.
12. Decision-making process for the general assembly
The general assembly is led by the first chairperson—or, in their absence, the second chairperson or another board member—who acts as the session chair. If no board member is present, the general assembly appoints a session chair.
The minutes are kept by the recording clerk. If they are absent, the session chair appoints a minute-taker.
The voting method is set by the session chair. The vote has to be carried out in writing if at least one third of the members present and entitled to vote requests so.
The general assembly is not open to the public. The session chair may allow guests. The general assembly decides on the admission of the press, radio and television.
Every duly summoned general assembly possesses quorum regardless of the number of people present.
The general assembly generally passes decisions by a simple majority of the valid votes cast; abstentions are therefore not taken into account. However, a majority of three quarters of the valid votes cast is required to amend the constitution (including the purpose of the association) and a majority of four fifths is required to dissolve the association.
Minutes are to be taken of the decisions of the general assembly. They are to be signed by the respective session chair and minute-taker. The minutes must contain the following information: Date and time of the assembly, the name of the session chair and of the minute-taker, the number of members present, the agenda, the individual voting results and methods. In the case of amendments to the constitution, the provision to be amended must be stated.
13. Later requests for further agenda items
All members may request in writing to the board up to one week before the day of a general assembly that further items be added to the agenda. The session chair has to extend the agenda accordingly at the beginning of the general assembly. The general assembly decides on the requests for additions to the agenda, which are only made at the general assembly. A majority of three quarters of the valid votes cast is required to accept such requests. Changes to the constitution, the dissolution of the association as well as the election and dismissal of board members can only be decided if the motions have been announced to the members with the agenda.
14. Extraordinary general assemblies
The board can summon an extraordinary general assembly at any time. Such an extraordinary assembly must be summoned if the interests of the association so require or if one tenth of all members demand such an assembly in writing, stating the purpose and reasons. Sections 10, 11, 12 and 13 apply accordingly to extraordinary general assemblies.
15. Dissolution of the association and devolution of the assets
15.1 The dissolution of the association can only be decided in a general assembly with the majority of votes specified in section 12. Unless the general assembly decides otherwise, the first and second chairperson are jointly authorized liquidators. The above provisions apply accordingly in the event of the association being dissolved for any other reason or losing its legal capacity.
15.2 If the association is dissolved or is no longer eligible for tax privileges, the assets of the association are transferred to a legal entity under public law or another tax-privileged entity for use in the advancement of the democratic government as per § 52(2)(2.) AO (German fiscal code).
The above constitution was established at the founding assembly on Jan 01, 1970.
Signed by the founding members in Musterhausen on Jan 01, 1970.