§ 1 Name and Purpose
The organisation is called „LemonAid and ChariTea e.V.“, and has its headquarters in Hamburg. The organisation is to be listed on the register of organisations at the relevant court in Hamburg. The Organisation’s sole and direct purpose is charitable and benevolent activities within the meaning of “tax-exempt purposes” in German tax law.
The purpose of the organisation is the provision of means for the support of people in need of assistance, promotion of healthcare, art and culture, development work and international friendship, and the promotion of development activity.
The constitutional purpose is served particularly by directing funds to other charitable bodies or legal bodies which use these funds for tax-exempt purposes. In particular:
- The financial support of existing social, medical, cultural, agricultural and peace projects in countries like Sri Lanka, South Africa, India and Brazil
- The financial support of social, medical, cultural, agricultural and peace projects we plan and carry out ourselves in countries like Sri Lanka, South Africa, India and Brazil
- The planning and execution of information and fundraising events with a view to financing our own and already-established social, medical, cultural, agricultural and peace projects in countries like Sri Lanka, South Africa, India and Brazil
Funds are only forwarded to foreign institutions or auxiliary individuals if the recipient commits themselves to producing a detailed written report about how the funds they received from the organisation were used. This must be received before four months after the end of the relevant business year.
If this report indications that the funds were not exclusively used for the stated purposes of the organisation, or if the report is not received, funding is stopped with immediate effect.
§ 2 Altruism
The organisation is altruistic; it does not primarily serve its own financial purposes.
§ 3 Funds
The organisation’s funds may only be used for their designated purpose. The members may not receive any of the organisation’s funds.
§ 4 Disproportionate payments
No-one may benefit from payments that do not serve the organisation’s designated purpose, or from disproportionately high payments.
§ 5 Membership
Both natural and legal persons can be members of the organisation. Applications for membership must be made in writing. The executive committee decides whether the membership application should be approved. The membership is terminated when the member leaves the organisation, dies, or ceases to be a legal person. A member may terminate his membership by giving three months’ written notice at the end of any business year.
Grounds for the termination of membership are:
- Sustained dereliction of the duties of a member of the organisation
- Substantial endangerment of the organisation’s reputation, or the fulfilment of its aims
The executive committee of the organisation decide whether to terminate a membership. A general meeting of the membership may be called within one month in order to appeal against this decision. If this is the case, the person in question will have their membership suspended until the decision of the general meeting, which is decisive.
Members of the organisation are not to benefit from its funds. No-one may benefit from money spent on purposes that do not accord with the organisations general purpose, or from disproportionately large payments.
§ 6 Subscriptions
The organisation may impose a subscription charge on its members. Whether there is such a charge, and how much, is to be determined by a general meeting of members.
§ 7 General meeting of members
The task of the general meeting is particularly to:
- Elect the treasurer
- Elect the honorary committee
- Make decisions about constitutional changes
- Make decisions about winding up the organisation
- Decide when the organisation’s year ends
An ordinary general meeting of the membership will take place annually in the first half of the organisation’s year. The executive committee is responsible for inviting the membership. The official notice must be given two weeks in advance of the meeting, along with the agenda, either by post or electronically.
An extraordinary meeting of the organisation can be called by a third of the ordinary members or by three members of the executive committee. Article 2 remains valid.
The chairman has full chairing rights at the general meeting. The meeting, including any decisions taken, must be minuted. The minutes of the meeting are to be signed by the minute-taker and the chairman or deputy chairman.
Decisions of the general meeting are by a majority vote of those present. Constitutional changes must be approved by a two-thirds majority of those present. The decision to wind down the organisation must be approved by a two-thirds majority of those present, and a majority of all members.
The general meeting can elect an honorary committee of two members. Their role is to advise, moderate and facilitate communication in cases where conflict occurs.
§ 8 Executive committee
The executive committee of the organisation consists of up to three members. Of these members, Jakob Berndt is the chairman, Felix Langguth the deputy chairman and treasurer. These members hold their positions for life and can only be removed by a general meeting of members due to grave or urgent cause. If a member of the executive resigns, new member(s) can be appointed by the other executive members from the other members of the organisation until the next election.
The executive reaches decisions by simple majority. Each meeting of the executive committee must be minuted.
The executive committee leads the organisation according to the decisions made by the general meeting, and is responsible for the business affairs of the organisation. In particular, it is responsible for the organisation’s financial administration and for the use of funds according to paragraphs 52, 55, 56, 57 and 58 of the German Fiscal Code. It is responsible for giving a detailed account of its activities to the general meeting and membership of the organisation.
The executive for the purposes of paragraph 26 of the German Legal Code are the members as described in section 1 of this constitution. The chairman and his deputy have full executive powers. The treasurer and any other member of the executive have partial executive powers. In this context, this means that the treasurer and any other member of the executive have executive powers in combination with the chairman and deputy chairman. Any other member of the executive has partial executive powers. It will be determined intra-organisationally that a deputy will represent the organisation when the chairman is unable to do so. The other member of the executive will then deputise for the deputy.
§ 9 Auditing
The general meeting will choose two auditors who will be in place for two years. The auditors will inspect the financial running of the organisation. The auditors will report their findings to the general meeting. The auditors can require the chairman to call an extraordinary general meeting according to section 5, paragraph 3 of the constitution, in order to prevent financial harm or loss to the organisation. If the chairman does not call this meeting within one month, the auditors must call the extraordinary general meeting themselves.
§ 10 Winding up the organisation
If the organisation is wound up, ceases to exist or its fiscal charitable purposes cease to exist, the entirety of any funds held by the organisation are to pass to the German chapter f “Doctors without Borders”, who must use it directly and exclusively for charitable or church-based purposes.
This constitution takes effect with the organisation is entered into the Register of Organisations at the local court in Hamburg.