The basis of the work of “Anwälte ohne Grenzen (AoG) – Lawyers without Borders (LwB) e.V.“ is the revised Articles of Association of 16 October 2009 in Frankfurt am Main, Germany, unambiguously agreed upon in the General Assembly and entered in the Register of Associations of the District Court Frankfurt am Main, Germany under Register Number VR 14113.
§ 1 Name, Registered Office and Fiscal Year
- The association shall have the name “Anwälte ohne Grenzen (AoG) – Lawyers without Borders (LwB)“ e.V., hereinafter referred to as “LwB“.
- Its registered office is in Frankfurt am Main, Germany and is entered in the Register of Associations.
- The fiscal year is the calendar year.
§ 2 Purpose of the Association
- The general purpose of the association is to prevent and persecute violations of rights of individuals and legal entities as well as associations or partnerships on a cross-border basis.
- The specific purpose of the association is to help people, in particular refugees, expellees and abducted people, that are or were victims of human rights violations and due to this are in danger of or are suffering hardship.
- Another specific purpose of the association is to help lawyers, human rights activists and organisations that, due to their commitment to human rights, are in danger of being or are being discriminated against.
- The association achieves its goals specifically by:
- advice and representation in court, authorities and other institutions,
- process observation,
- establishmentofacross-bordernetworkoflawyers,humanrightsactivistsandorganisations that are committed to the aforementioned purpose of the association,
- cross-border legal knowledge and experience transfer, and by
- public relations.
§ 3 Non-profit Character
- The association exclusively and directly pursues non-profit purposes in accordance with the section “Tax-privileged Purposes” of the German Tax Code. The association works selflessly and does not primarily pursue economic purposes of its own.
- The assets of the association may only be used for its statutory purposes as set forth in these Articles of Association. No member shall receive financial benefits from the assets of the association. If a member resigns, they shall not be entitled to any assets of the association. No person shall benefit from expenses that are not connected with the purposes of the association and/or from disproportionately high remunerations.
§ 4 Becoming a Member, Membership Fees
- Upon written application, each legally competent individual or each legal entity willing to support the purposes of the association, can become a member. The admission is decided upon by the Board.
- An application can be rejected without reason and the rejection shall not be open for appeal.
- Each member is obliged to pay a membership fee in each calendar year. The General Assembly will issue the fee regulations which define the amount and due date of the annual fee.
§ 5 Termination of Membership
- The membership can be terminated by voluntary withdrawal, exclusion from the association or death.
- The withdrawal of membership must be submitted to the Board in writing.
- A member can be excluded from the association with immediate effect, if theinterests of the association are grossly violated or for any other good cause.
§ 6 Bodies of the Association
The bodies of the association are the Board and the General Assembly.
§ 7 Board
- According to Section 26 of the German Civil Code, the Board consists of the Chairman, the Deputy Chairman, the Treasurer, the Secretary and two Assessors.
- The Board members are elected by the General Assembly for a term of two years.Until the election of the next Board, these members shall remain in office.
- The association shall be represented externally by the Chairman, the DeputyChairman and another member of the Board.
- Legal acts of a value starting at 10.000,00 € are only binding for the association, ifthey were concluded with the consent of the General Assembly.
- The Board is particularly responsible for:
- the management of the association,
- the execution of decisions of the General Assembly,
- the preparation of an annual report,
- the convening of the General Assembly.
§ 8 Audit
The General Assembly will elect an auditor, who is not a member of the Board, for a term of two years. At the end of each fiscal year, the auditor will assess the calculated accuracy of the bookkeeping and cash management. The auditor will report to the subsequent regular General Assembly.
§ 9 General Assembly, Competence, Convening
- The General Assembly is responsible for:
- the election and dismissal of the Board members,
- the election of the auditor,
- the acceptance of the annual report and the formal approval of the actions of theBoard,
- the determination of the amount and due date of the annual fee,
- the decision on changes of the Articles of Association and
- the dissolution of the association.
- All members are entitled to participate in the General Assembly. The regular General Assembly shall be held at least once a year. It shall be convened by written invitation by the Board with a notice of two weeks. The invitation may also be submitted electronically. The agenda and the items on which decisions are to be taken must be attached to the invitation. Minutes of the General Assembly have to be taken which are then to be signed by at least two members of the Board and the Secretary.
- Decisions of the General Assembly shall be made by a show of hands and simple majority. Upon request, it shall be voted on by secret ballot. Changes to the Articles of Association require a majority of 3/4 of the votes. The dissolution of the association can only be decided on with a majority of 4/5 of the votes.
§ 10 Extraordinary General Assembly
An extraordinary General Assembly can be convened if this is deemed necessary in the interest of the association or if the convening is requested to a member of the Board by at least 1/10 of the members through a written request stating the respective reasons. In urgent cases, the extraordinary General Assembly may also decide on changes in the Articles of Association.
§ 11 Dissolution of the Association, Liquidators
- In the event of dissolution or suspension of the association or loss of tax-privileged purposes, the assets of the association shall be distributed 1/2 to Amnesty International, Sektion der Bundesrepublik Deutschland e.V. and 1/2 to the Foundation Pro Asyl, which must use them exclusively and directly for non-profit and charitable purposes.
- The Chairman and the Treasurer shall be appointed as liquidators.