STATUTE
§1 name, seat
The association bears the name "Anti Public Shelter Club"; it is based in 10585 Berlin.
After entry in the register of associations, it has the addition of "registered association" in the abbreviated form "eV".
§2 fiscal year
The fiscal year is the calendar year
§3 purpose of the association
The purpose of the association is the promotion of animal welfare at home and abroad as well as the rescue of animals that are threatened by behavior that contradicts §1 TierSchG and Article 13 of the contract on the functioning of the European Union.
The purpose of the statutes is achieved in particular through:
Rescuing and placing needy, abandoned and endangered animals, especially from public animal shelters, so-called killing stations in various European countries, to people and locations who offer species-appropriate and animal welfare-conscious husbandry for these animals and who can credibly identify this.
the organization and financing of neutering campaigns in different countries to reduce the population of street dogs.
The construction and operation of rescue centers for injured, old, abandoned animals in European countries.
the establishment of foster homes in Europe for admitted animals for species-appropriate care, care and placement in a permanent home
Initiative to improve the living conditions of stray animals.
Dissemination and promotion of the idea of animal welfare
§4 non-profit status
The association pursues exclusively and directly charitable purposes within the meaning of the section “tax-privileged purposes” of the tax code.
The purpose of the association is to promote animal welfare at home and abroad. The association is active in animal welfare.
The association is selflessly active; it does not primarily pursue its own economic purposes. The association's funds may only be used for statutory purposes. The members do not receive payments from the association. No person may be favored by expenses that are alien to the purpose of the association or by disproportionately high remuneration.
The members do not receive any profit shares and, in their capacity as members, no other benefits from the resources of the animal welfare association, with the exception of benefits that can be granted to members of the board in accordance with the resolutions of the board of directors or the general meeting.
Every resolution on the amendment of the articles of association, insofar as it may be of significance for tax treatment, must be submitted to the responsible tax office for approval prior to registration at the registry court.
§5 membership
Any natural or legal person of legal age can become an active member of the association.
Any adult natural or legal person who wants to support and promote the activities of the association and its members, in particular through monetary donations and donations in kind, can become a sponsoring member. Supporting members are not entitled to vote in the general meeting.
Membership must be applied for in writing to the board of directors. It must also be stated whether an active membership or a sustaining membership is requested. The board of directors makes a final decision on the written application for admission. The board of directors is not obliged to inform the applicant of reasons for rejection.
Membership expires
with the death of the member
by means of a written declaration of resignation addressed to a board member.
by exclusion from the association. The exclusion takes place by resolution of the board in the case of non-payment of the membership fee or in the case of culpable violation of the statutes or the interests of the association or in the event of damage to the reputation of the association.
Each member has to pay a minimum contribution, the amount of which is decided by the Board of Directors for the following financial year.
The executive board is authorized to waive the membership fee in whole or in part in individual cases.
Communication within the association (including invitations to the general meeting) takes place by email. The members are obliged to inform the association of their e-mail address as well as its change.
§6 organs of the association
The organs of the association are
the board
The general meeting
§7 Board of Directors
The board of directors according to §26 BGB of the association consists of the
1st chairman
who represents the association in and out of court. He has sole power of representation.
The executive board is responsible for the proper administration and implementation of all club activities. He conducts the business of the association in compliance with the law, the statutes, the resolutions of the general meeting and with due diligence on his own responsibility.
Furthermore, the association consists of the extended board, which consists of
the treasurer
the secretary
The board members are elected by the general assembly for an indefinite period.
Thereafter, the board or the general assembly decides on the necessary new / supplementary elections.
Board membership ends with:
voluntary resignation
death
Deselect or
Resignation from the club
The vacated extended board office falls to the first chairman until the new election.
The board itself regulates the distribution of tasks for the board of directors; this is to be reported in the general meeting.
In order to carry out the management tasks and to run the office, the executive board is authorized to employ full-time employees for the administration within the framework of budgetary activities.
The executive board has the authority to direct under labor law.
§8 General Assembly
The general meeting should be called by the board at least once a year. An online general meeting is permitted, provided that only the members of the association have access to the meeting. The chairman of the board is responsible for leading the meeting.
The following is decided in the general meeting
Discharge of the board of directors
Receipt of the management board's annual report
Amendment of the statutes
Dissolution of the association
New and replacement options
Determination of membership fees
The convocation must be made in writing by e-mail and with a notice period of two weeks with the announcement of the agenda by the board of directors.
Every properly convened general meeting has a quorum. Unless otherwise stipulated in the statutes, the general assembly decides with a simple majority of the votes cast. Abstentions are disregarded. Each full member has one vote. Supporting members are not entitled to vote.
Exceptions:
A 3/4 majority of the valid votes cast is required for amendments to the statutes
the dissolution of the association can only take place with a majority of 4/5 of the valid votes cast.
The extraordinary general meeting can decide with a simple majority by waiving formal and deadline regulations by way of a written circular resolution, by e-mail or internet service.
The minutes of the meeting must be signed by the secretary. A protocol of the results is to be kept, not a progress protocol or a verbatim protocol.
The proper book and cash auditing of the association is regularly checked by a cash auditor elected by the general meeting. The examination must take place in good time so that an oral report on the financial situation of the association can be made at the general meeting. The auditor can inspect the financial situation of the association at any time. He is not allowed to be a member of the board.
§9 sponsorships
Natural or legal persons have the opportunity to sponsor animals that are in the care of the association. Sponsorships do not require membership. Sponsorships are accepted in the form of material or non-material services by the sponsor for the respective animal (s) without any permanent or legal obligation.
§10 honorary office
Furthermore, natural or legal persons have the option of volunteer membership. Honorary members are made free of charge. You are not entitled to vote in the general meeting.
§11 dissolution of the association
If the association is dissolved or the tax-privileged purposes no longer apply, the association's assets go to the Tierschutzverein für Berlin eV, Hausvaterweg 39, 13057 Berlin, which has to use them exclusively for animal welfare.
§12 liability
The association is only liable for damage of any kind incurred by a member of the association from participating in events or through the use of the association's facilities if a member of the executive body or another person for whom the association is responsible according to the provisions of civil law, intent or gross negligence. The association's liability is limited to the association's assets. In the event of damage, the board is only liable for intent and / or gross negligence.
§13 data protection
The association collects, processes and uses personal data of its members (individual details about personal and factual circumstances) using data processing systems (EDP) to fulfill the purposes and tasks permitted according to these statutes, for example in the context of member administration.
In particular, this concerns the following member data: name and address, date of birth, telephone numbers as well as e-mail address and bank details. There is no obligation on the part of the association to pass this data on to individual association members or third parties.
In connection with its purpose-based operation and other statutory events, the association may publish personal data and photos of its members in its association newspaper and on its homepage and transmit data and photos for publication, if necessary, to print and telemedia and electronic media.
A member can object to the publication of individual photos of his person or his animal at any time to the board of directors. As soon as the objection is received, the publication / transmission will cease and the association will remove existing photos from its homepage.
Through their membership and the associated recognition of these statutes, the members consent to the collection, processing (storage, modification, transmission) and use of their personal data to the extent and scope mentioned above. Any other use of data beyond the fulfillment of its statutory tasks and purposes is only permitted to the association if it is obliged to do so for legal reasons. Selling data is not permitted.
Within the framework of the statutory provisions of the Federal Data Protection Act (in particular §§ 34, 35), each member has the right to information about the data stored about him, its recipients and the purpose of storage as well as to correction, deletion or blocking of his data.
§ 14 Severability Clause
The general assembly authorizes the board of directors to independently make changes to the statutes, which become necessary due to objections from the competent registry court or the tax office and which do not affect the core content of a previously decided amendment to the statutes. The board of directors has to resolve the text change with a unanimous majority. In the general assembly following the decision, the members are to be informed of this change in the statutes.
As of 02/14/2021