BYLAWS

BYLAWS

of the Association Cap Anamur/Deutsche Not-Ärzte e.V.*

[German Emergency Physicians / *Registered Association under German law]

as per version dated 22 September 2012

§1

The name of the Association is

“Cap Anamur/Deutsche Not-Ärzte e.V.”

The Association pursues, both exclusively and directly, such objects as may be held to be non-profitmaking and charitable as defined under Subsection “Tax-privileged objects” of the Revenue Code [Abgabenordnung].

§2

The registered office of the Association is Cologne.

§3

The object of the Association is the promotion of public welfare, the promotion of development aid, the promotion of healthcare and the selfless support of such persons as are dependent on the assistance of others as a consequence of their physical, mental or emotional state or of their pecuniary circumstances. The object of the present Bylaws shall be implemented, in particular, by way of

>>> provision of assistance and support for refugees, persecutees and victims of war and catastrophe,

>>> emergency and disaster relief in war zones and conflict areas,

>>> securing and consolidating primary medical care,

>>> providing charitable aid in the form of medical and economic assistance for persons defined within the meaning of § 53 Subsection 1 Revenue Code [AO],

>>> support in processes of reconstruction and assistance in the implementation of infrastructural improvement (systems of water and energy supply, waste disposal and suchlike).

The Association shall be at liberty to avail itself of auxiliaries as defined within the meaning of §57 (1) Revenue Code [AO].

§4

The Association shall operate on a selfless basis and not for its own commercial gain. We shall conform to the Humanitarian Aid Code of Conduct.

§5

Association resources shall be utilised exclusively in conjunction with those objects designated under the Bylaws. Members of the Association may, in appropriately substantiated cases, receive a reasonable amount of remuneration for work-related performance rendered.

§6

It shall be deemed inadmissible for any person(s) to benefit from such expense as shall be incurred through activity not associated with the object of the Association or from disproportionately high amounts of remuneration.

§7

The assets of the Association shall, in the event of dissolution or termination of the Association or lapse of its previous object, fall to the Deutsche Welthungerhilfe e. V.*  [World Hunger Relief – *Registered Association under German Law], which shall undertake to utilise such assets exclusively and directly for such non-profitmaking and charitable ends as shall be consistent with the ambitions of the Association.

§8

The Association’s members shall consist of ordinary and supporting members.

1.       Ordinary members

a.       Joining
Ordinary members in the Association Cap Anamur / Deutsche Not-Ärzte e.V. shall be anyone who has had their ordinary membership approved in writing. Ordinary members must have received written approval from the Board. If membership is refused, the Board shall notify the applicant in writing. If an application to become an ordinary member is rejected by the Board, the applicant has one month from receipt of the notification letter to appeal the decision. The General Assembly shall decide on the appeal. A decision by the General Assembly in favor of the appeal replaces the need for written approval from the Board.

b.      Membership fees
Ordinary members have to pay an annual membership fee. The amount shall be determined by the General Assembly. Exemption from paying the membership fee may be approved in specific cases.

c.       Rights and responsibilities
Legal rights and responsibilities shall apply to ordinary members.

d.      End of membership
Ordinary membership of the Association Cap Anamur / Deutsche Not-Ärzte e.V. lapses:

>>> if a member resigns from the Association. Resignations of members are to be made in writing.

>>> if the General Assembly votes to expel the member. In this case, the membership ends on the day of the vote.

>>> at death.

The membership fee for the year shall not be refunded.

2.       Supporting members

a.       Joining
Supporting members shall be any natural or legal person that financially supports the Association Cap Anamur / Deutsche Not-Ärzte e.V. in its activities. Applications shall be made in writing. The Association shall confirm its acceptance in writing. The Board may reject or cancel the membership of supporting members if there is due cause.

b.      Membership fees
Supporting members support the aims of the Association by making a regular financial contribution.
Members must pay a fee. They are free to choose the amount. The fee can be paid monthly, quarterly, every six months or annually.

c.       Rights and responsibilities

>>> Supporting members have no voting rights and are ineligible to stand for election.

>>> Supporting members can request to receive regular written information and receive a supporting membership card.

d.      End of membership

Supporting membership of the Association Cap Anamur / Deutsche Not-Ärzte e.V. lapses:

>> if a member chooses to cancel their membership, confirming it in writing.

>> if the membership fee is not paid. Membership ends automatically at the end of the calendar year the last payment was made.

>> by expulsion: A supporting member can be expelled from the Association for illegal behavior, for conduct that is damaging to the Association, for acting in a way that grossly violates the interests of the Association or for any other serious reason.

>> at death.

§9

The Executive Board of the Association “Cap Anamur/Deutsche Not-Ärzte e.V.” shall be made up of two to three persons: the Chairperson, his/her Deputy and the Treasurer.

The Executive Board shall be responsible for the affairs of the Association in so far as the Bylaws shall not stipulate that they be assigned to the General Assembly of Members (see § 12).

All Members of the Executive Board shall be elected individually by the General Assembly of Members in separate ballot-procedures. The period of office of a given member of the Executive Board shall be of duration two years. The individual members of the Executive Board may also be relieved from office on the basis of a resolution of the General Meeting of Members prior to expiration of the period for which originally elected.

The Executive Board shall be at liberty to delegate executive duties. The services of the members of the Executive Board shall be engaged on an honorary basis. It shall be deemed admissible that they receive a reasonable amount of remuneration for performance rendered over and beyond that which ordinarily constitutes an executive duty. Two members of the Executive Board may, together, represent the Association judicially and extra-judicially (§26 German Civil Code [BGB]).

§10

At least one regular General Assembly of Members shall take place per year. The members of the Association shall be invited to attend in writing by the Executive Board. This invitation shall be despatched at least two weeks prior to the General Assembly of Members (postmark). The invitation shall be accompanied by the agenda.

Proceedings of the General Assembly of Members shall be prepared in the form of summary minutes. Said summary minutes shall be compiled and signed by the Chairperson or by his/her Deputy. The Chairperson of the Executive Board shall deliver a report to the General Assembly of Members on the activities of the Association as well as render account in respect of the allocation of funds and present a budget for the following financial period.

The General Assembly of Members shall, in particular, be responsible for adoption of resolution in respect of the following:

>>> decisions pertaining to appeals against rejection on the part of the Executive Board of declarations of membership (§ 8)

>>> exclusion of members from the Association (§§ 10, 13)

>>> election and removal from office of the members of the Executive Board (§ 11)

>>> approval of the actions of the Executive Board

>>> approval of the annual financial statement and of the budget for the following financial period

>>> appointment of the auditor of annual accounts

>>> dissolution of the Association (§ 13)

>>> amendments to the Bylaws (§ 13)

Rulings on the part of the General Assembly of Members shall be rendered on the basis of a simple majority of the votes cast by the members present unless the present Bylaws shall stipulate otherwise.

§11

Resolutions of the General Assembly of Members in respect of amendments to the Bylaws, the exclusion of members and the dissolution of the Association shall require a two-thirds’ majority of the members present.

§ 12

As for the rest, the activities of the Association shall be governed by the provisions of the German Civil Code [Bürgerliches Gesetzbuch].