Amended by resolution of the general assembly on 25 Oct. 2014.
Article 1 NAME, LEGAL FORM, LOCATION
(1) The association bears the name “Korea Verband”, after its entry in the Association Registry, with the addendum “registered association” (German: “e.V.”).
(2) The Korea Verband is located in Berlin. It is registered with the Association Registry of the Amtsgericht Berlin.
(3) The fiscal year of the Korea Verband is the same as the calendar year.
Article 2 NON-PROFIT STATUS
(1) The Korea Verband does not make a profit, and it does not primarily pursue its own financial goals.
(2) It solely and directly pursues objectives of public benefit as set out in article 52 of the German Tax Code.
(3) Its funds may only be used for purposes stipulated in the statutes, taking into consideration the principles of financial activity and sound financial management.
(4) Its members shall not receive any profit shares or contributions from association funds in their capacity as a member. They have no claim to the association’s funds upon leaving the association or the association being dissolved.
(5) No individual may be advantaged by expenditures outside of the association’s objectives or by excessively high fees..
Article 3 OBJECTIVES
3.1 Objectives and attainment of goals
(1) The Korea Verband promotes – with a thematic focus on Korea –
a) Science and research
The statutory objectives are primarily attained through:
aa) scholarly preliminary work and publications as well as information about the scholarly publications of third parties;
ab) events and publications which serve to provide information regarding circumstances and developments on the Korean Peninsula, above all in the areas of politics and society, and to promote a German-Korean dialogue in these areas.
b) international approach, tolerance in all areas of culture and ideas of international understanding
The statutory objectives are primarily attained through:
ba) events and publications suitable for
- Supporting and providing information about the efforts of the Korean people to achieve peace and re-unification;
- Contributing to the adherence to and enforcement of human rights;
- Presenting the effects and consequences of migration in various contexts;
bb) German-Korean dialogue.
c) Art and culture
The statutory objectives are primarily attained through:
ca) events – such as exhibitions, readings, performances – which are suitable for presenting the development of all aspects of Korea’s culture in various contexts and promote German-Korean dialogue on these topics.
(2) In its execution of its activities, the Korea Verband shall be particularly vigilant about publishing the results of its work in a timely manner and making the events that it organizes accessible to the general public.
(3) In its work, the Korea Verband is especially committed to intercultural understanding.
3.2 Fulfillment of objectives
(1) To fulfill its objectives, independent areas of work shall be established. The areas of work are part of the administrative office.
(2) The executive board can appoint a manager for the areas of work. The manager of the areas of work is not required to be a member of the Korea Verband. In exceptional cases, members of the executive board may manage areas of work.
(3) Further details are set out in article 7 to article 10 of these statutes.
3.3 Attainment of objectives
(1) The objectives are attained by the direct work of the association as set out in article 57, section 1 of the tax code.
(2) Should the association not take on this duty itself, it will appoint a third party to fulfill its duties as set out in article 57, paragraph 1, sentence 2 of the tax code.
(3) The association can also assign funds to other tax-privileged bodies or public corporations as set out in article 58 clause 2 of the tax code to promote their tax-privileged purposes.
Article 4 BODIES
(1) The bodies of the association are:
a) the general assembly,
b) the executive board,
c) the advisory board.
Article 5 MEMBERS
(1) The association is comprised of full members and sponsoring members.
(2) Full members may include:
a) legal entities,
b) unincorporated associations,
c) individuals – provided they have reached their 18th year of age – who support the goals of the Korea Verband.
(3) Any legal entity or individual can become a sponsoring member.
5.1 Accepting new members
(1) Applications for acceptance must include the name, age and address of the applicant. Upon application, the candidate accepts the statutes in the event of her acceptance. The executive board decides the acceptance of new members and is not obliged to give any reason for rejection.
(2) Full and sponsoring members commit to paying annual membership fees, which amount is determined by the general assembly.
(3) Honorary members can be selected upon nomination of the executive board by a simple majority of the general assembly.
5.2 Termination of membership
(1) Membership ends with the death of the member (or the dissolution of legal entities and termination of unincorporated associations), through expulsion or leaving the association.
(2) A declaration of leaving must be submitted in writing to the executive board by the 31st of October of a given year for it to go into effect for the following calendar year.
(3) In the event of serious damage to the association’s reputation or violation of the association’s objectives, expulsion can be affected by a majority with voting power in the general assembly. Prior to passing a resolution, the member is to be given an opportunity within a reasonable time period to justify his or her actions in person or in writing.
A written explanation shall be read out during the general assembly prior to passing a resolution.
(4) Any member who is two years in arrears with his or her membership dues and has been notified of being in default of payment can be expelled from the association by resolution of the executive board.
Article 6 GENERAL ASSEMBLY
6.1 Regular general assembly
(1) A regular general assembly shall be held annually.
(2) The executive board calls the general assembly via email or another written form with details of a suggested agenda at least 4 weeks in advance. The time period begins the day following the date upon which the invitation is sent out. The invitation is considered to have been delivered to the member if it is sent to the last address provided by the member in writing to the association.
(3) A general assembly shall be called when the financial report for the past year is ready.
(4) The assembly is competent when members have been duly invited.
(5) All full members are eligible to vote.
(6) Each member who is eligible to vote has one vote in the assembly. The transfer of a voting right is permissible provided it is done in writing. No more than one additional voting right can be transferred to a person who is eligible to vote. The proxy shall be issued for each general assembly.
(7) The general assembly shall be conducted by the chairperson or, if unavailable, the deputy chairperson or another member of the executive board. If no member of the executive board is present, the assembly shall appoint a person to run the meeting.
(8) The assembly director shall appoint a secretary to take minutes of the meeting.
(9) The method of voting shall be determined by the assembly director. Voting must take place by written ballot should it be requested by a third of the members present who are eligible to vote.
(10) The general assembly is not open to the public. The general assembly can admit guests. The general assembly shall decide whether to admit the press, radio and television.
(11) Resolutions are passed by a simple majority of submitted valid votes and transferred votes. Statute amendments require a two-thirds majority of submitted valid votes and transferred votes. A resolution determining the dissolution of the Korea Verband requires a three-quarters majority of the submitted valid votes and transferred votes. Abstentions shall not be considered.
(12) Minutes of the results of the general assembly are to be taken and signed by one member of the executive board and the director of the meeting. The minutes should include:
The time and place of the meeting, the name of the director of the meeting and the person taking the minutes, the number of members present, the agenda, the outcome of each vote, and the method of voting.
When statutes are to be amended, the precise wording is to be given.
6.2 Duties of the general assembly
The general assembly has, among other things, the following duties:
a) Pass resolutions on the objectives of the association;
b) Consult on the budget and determine the membership fees;
c) Approve the budget decided by the executive board;
d) Accept reports from the executive board;
e) Review and approve the annual accounts;
f) Discharge of the executive board;
g) Elect the chairperson and the other members of the executive board;
h) Deselect individual executive board members;
i) Elect the cash auditor;
j) Confirm the election of advisory board members;
k) Decide on the expulsion of members;
l) Pass resolutions on amendments to the statutes;
m) Pass resolutions on the dissolution of the Korea Verband;
n) Appoint honorary members put forth by the executive board.
6.3 Extraordinary general assembly
(1) The chairperson must call an extraordinary general assembly within 6 weeks upon written request by more than one quarter of the members. The meeting must take place 12 weeks after the request at the latest.
(2) An extraordinary general assembly can also be called upon decision of the executive board.
(3) Otherwise the rules for a regular general assembly apply.
Article 7 EXECUTIVE BOARD
(1) The executive board is elected by the general assembly for a 3-year term. Only association members can be elected to the board. The general assembly may reappoint the members or remove them for important reasons before their term ends.
(2) The executive board contains an odd number of at least three voting members, and they comprise the executive board according to article 26 of the German Civil Code (BGB).
(3) The election of the chairperson and deputy chairperson takes place with a secret ballot; the general assembly can forego the secret ballot if no members object.
(4) The executive board represents the association before court and out of court. It holds the position of legal representative. It governs the association’s affairs in accordance with these statutes under its own responsibility.
(5) The executive board acts through two of its members, one of whom must be the chairperson or deputy chairperson.
(6) Should an executive board member step down, he or she shall remain in office in a managerial capacity until new elections. The new election must take place at the next regular general assembly at the latest.
(7) Should the entire executive board step down, it shall remain in office in a managerial capacity until new elections.
(8) As the managing executive board pursuant to section (7), it must call an extraordinary general assembly within six weeks in accordance with section 6.3.
(9) The executive board can give itself rules of procedure.
7.1 The passing of resolutions by the executive board
(1) The executive board passes its resolutions during meetings or by written vote.
(2) The chairperson or deputy chairperson invites all executive board members to a meeting in writing with an agenda or asks them to vote in writing.
(3) Periods for an invitation and number of annual meetings can be set out in the rules of procedure.
(4) The main chairperson shall run the meeting of the executive board, or, if he or she is prevented, the deputy chairperson shall do so. Minutes are to be kept on the meetings of the executive board and are to be signed by the meeting chairperson. The exact wording of resolutions shall be written down. The minutes shall note the place and time of the executive board meeting, the names of the participants, the resolutions passed, and the voting results.
(5) The executive board has a quorum if the majority of its members are present at the meeting.
(6) It is excluded that one executive board member serves as another executive board member’s proxy for voting purposes, even with written proxy authorization.
(7) The majority of executive board members must take part in a written vote.
(8) Resolutions are passed with a simple majority of the votes cast by those present or members participating in a written ballot, insofar as the statutes do not set out other stipulations. In the event of a tied vote, the chairperson’s vote decides.
(9) Executive board members are obligated to conscientious and economical management of the association’s assets and all other funds.
(10) The members of the executive board perform their work on a voluntary basis without payment. They may, however, claim reimbursement for necessary expenses, insofar as the association’s income is able to cover them.
7.2 Duties of the executive board
(1) The duties of the executive board include, among others:
a) Passing a resolution to approve the annual report with an annual account of the association’s income and expenditures and of its assets;
b) Passing a resolution on the use of income from the association’s assets and grants that do not transfer to its assets and on the work schedules and budgets of individual areas of work;
c) Reporting and passing a resolution on the fulfillment of the association’s objectives;
d) Appointing and dismissing the members of management;
e) Deciding on the work of the administrative office and management;
f) Appointing and dismissing the directors of the areas of work;
g) Hiring and dismissing additional staff members;
h) Deciding on further areas of work in accordance with article 10 (4) of these statutes;
i) Deciding on the acceptance of new members;
j) Preparing and calling a general assembly;
k) Carrying out the resolutions of the general assembly;
l) Preparing and calling advisory board meetings.
(2) Budgets of the administrative office and the areas of work, as well as their updates, require the signature of the chairperson or the deputy chairperson of the executive board pursuant to section 8.2, letter (e) and section 11.1, letter (b) respectively.
(3) Insofar as the executive board has not appointed a management team in accordance with article 8, the executive board also assumes the management responsibilities set out in section 8.2.
Article 8 MANAGEMENT
(1) The executive board can appoint and dismiss a manager. A person can be appointed manager who is not a member of the association.
(2) Insofar as no manager has been appointed, the executive board acts as managing executive board without any remuneration.
(3) A manager who is not a member of the executive board can be granted compensation insofar as the association’s income allows.
(4) The job description and the form of the manager’s work contract are subject solely to the decision of the executive board and have to be justified by the executive board to the general assembly.
(5) The manager is obligated to promote the goals and objective of the association. Concurrent membership by the manager in the bodies of the association is excluded.
(6) Should the association have a manager, the executive board can decide to authorize the manager to represent the association in business transactions for ongoing management and in legal communication and to define the legal sphere concerning this matter. The manager is then special representative of the association as set out in article 30 of German Civil Code.
8.2 Duties of the management
The duties of the manager include, among others:
a) Operational management of the association;
b) Representation of the association, where applicable with authorization to conduct legal communication within clearly defined legal domains;
c) Set up and management of the association’s administrative office;
d) Assumption of the duties of administrative office, insofar as they cannot be carried out or are not yet carried out by the administrative office;
e) Budget planning:
- Drafting and updating the work schedule and budget of the administrative office,
- Monitoring the work schedules and budgets of the areas of work,
- Drafting and updating the overall work schedule and budget;
f) Drafting the annual report with an annual account of the association’s income and expenditures and of its assets;
g) Coordination of the areas of work;
h) Publicity and lobbying work as well as planning and carrying out campaigns and events;
i) Reporting to the executive board.
Article 9 ADMINISTRATIVE OFFICE
(1) The Korea Verband shall set up an administrative office within the scope of its financial means. The executive board makes decisions about this.
(2) The administrative office runs the business transactions for the ongoing administration of the association under the direction of the manager and on behalf of and according to instruction by the executive board.
(3) The manager supports the work of the areas of work, is responsible for administration of the membership and donations and serves as an information center for members, the executive board, the advisory board and interested third parties.
(4) The administrative office provides itself with rules of procedure which delineate its duties and must be approved by the executive board.
Article 10 AREAS OF WORK
(1) To fulfill its objective as set out in section 3.2, the executive board can set up independent areas of work:
a) Area of work 1: Communication and research center
b) Area of work 2: Social and political initiatives
c) Area of work 3: Cultural initiatives
The executive board makes all decisions in this matter and must justify them to the general assembly.
(3) The areas of work are part of the administrative office and are subordinate to the manager.
(4) The duties of and collaboration between the areas of work are regulated by the rules of procedure of the administrative office pursuant to section 9 (4).
(5) Provisions for further areas of work are subject to decision by the executive board who must justify them to the general assembly.
Article 11 MANAGEMENT OF THE AREAS OF WORK
(1) The executive board can appoint directors to manage the areas of work. This can be a person who is not a member of the association.
(2) The directors of the areas of work can be granted remuneration as long as the income of the respective areas of work permits this.
(3) The directors of the areas of work may act as an agent of the association without authority within their area of work.
(4) The job description and the form of the work contracts for the directors of the areas of work are subject solely to the decision of the executive board and have to be justified by the executive board to the general assembly.
(5) The directors of the areas of work are obligated to promote the goals and objectives of the association.
The duties of the directors of the areas of work include, among others:
a) Operational management of their areas of work;
b) Drafting and updating the work schedules and budgets for their area of work;
c) Conceptual and independent project planning, project acquisition and execution;
d) Acquisition of third-party funds, but only in consultation with the executive manager or the executive board;
e) Preparing project proposals and grant applications;
f) Reporting to the executive manager;
g) Providing supporting documentation and reason for payment for accounting by the administrative office.
Article 12 ADVISORY BOARD
(1) The advisory board is comprised of at least three members. The members of the advisory board should be persons who by virtue of their profession are especially suited to promote the tasks and objectives of the association.
(2) The executive board elects the members of the advisory board. Only natural persons can be elected.
(3) Advisory board members are elected for a five-year term. The election must be confirmed by the general assembly.
(4) Membership in the advisory board can end prior to the expiration of the term of office through death, withdrawal or expulsion by the general assembly. A declaration of withdrawal must be submitted in writing. It must be submitted to the executive board by 31 July, at the latest, of one year for it to go into effect the following calendar year.
(5) An advisory board member can be eliminated by a majority of the general assembly if that person violates the goals of the statutes or harms the association.
12.1 Duties of the advisory board
(1) The advisory board advises the executive board on important factual issues.
(2) The advisory board should meet bi-annually at the minimum. A meeting of the advisory board shall be called by the chairperson or deputy chairperson of the association in writing, by telephone or via e-mail with at least four weeks’ notice. Notification of an agenda is not required.
(3) The advisory board must be called to meeting if at least two advisory board members ask the executive board in writing to call a meeting. Should the request not be met within a period of two weeks, the advisory board members who asked the executive board to call the meeting are themselves entitled to call a meeting of the advisory board.
(4) All members of the executive board have access to the meetings of the advisory board and have the right to participate in the discussion, but they are not allowed to vote. The members of the executive board are to be notified of advisory board meetings.
(5) Advisory board meetings shall be run by the chairperson or, if he or she is prevented, by the deputy chairperson of the association. Should the deputy chairperson also be prevented from attending, the advisory board members who are present shall designate a person to run the meeting.
(6) The advisory board forms an opinion by passing a resolution. The majority of the valid ballots submitted decide on passing a resolution. Minutes shall be kept as evidence of the resolutions of the advisory board. The minutes are to be signed by the respective chairperson of the meeting.
(7) Furthermore, the executive board can assign the advisory board special duties.
Article 13 DISSOLUTION OF THE KOREA VERBAND
(1) Should the Korea Verband be dissolved, the executive board shall conclude the operations.
(2) In the event of the dissolution or abolition of the association or the lapse of its objectives, the association’s assets shall devolve to a legal entity governed by public law or to another tax-privileged corporation for the purpose of supporting international views and tolerance in all areas of culture and understanding among nations and/or the promotion of development cooperation.
(3) Resolutions regarding the future use of assets can only be carried out after the tax office has given its consent.