Statute

§ 1 Name and registration address, fiscal year

1. Name of the organization: EQUAL PostOst e.V. (European Queer Alliance of PostOst Community). It must be entered into the register of organizations followed by «e.V.».

2. The registration address of the organization is in Berlin

3. Fiscal year is the calendar year.

§ 2 Objectives, Non-Profit status of the organization

1. The objectives of the activity of the organization are:

1. The support of lesbians, gays, bisexuals, trans- and queer people and their relatives (LGBTQ) by counseling and facilitation of self-help in dealing with both everyday and their specific problems, while simultaneously speaking out and working against their discrimination, as well as for their emancipation and integration.

2. The charitable purpose of supporting those in need under Section 53 № 1 of the Code of Tax Administration (AO) through counseling services and self-help assistance in dealing with psychosocial problems.

3. Supporting individuals in need of help due to their mental or emotional state, that are dependent on the help of others in solving their special problems.

4. The demand for universally accessible healthcare.

5. Cooperation, support, and counseling for other initiatives, organizations, and public authorities in Germany and the EU promoting the interests of LGBTQ people from the former Eastern bloc.

6. Monitoring of discrimination of LGBTQ people in the countries of the former Eastern bloc on the basis of their sexual orientation and/or gender identity and the spread of information in Germany and the EU.

7. The assistance in the protection of LGBTQ families, who have fled the countries of the former Eastern bloc to Germany and the EU.

In this case, people in need of assistance are always individuals within the scope of the §53 AO; 

2. The following objective of the Organization is being implemented in particular:

1. through organization of or participation in mass events,

2. through speaking out on social science, as well as pedagogical, theological, social, legal, and political affairs affecting the LGBTQ community

3. through collaboration with foreign associations and unions with similar objectives, as well as participation in international organizations

4. through counseling centers, offering a wide range of professional information, consultations, and help to the persons concerned and simultaneously cooperating with other non-profit organizations, involved in the psychosocial sphere; organizations concerned with social welfare, recognized as deserving of special support and with government agencies

5. through the building of a corresponding pan-European contact network

6. through organizing exhibitions, conferences, discussion forums, and similar events

7. through outreach work, public relations work, public campaigns, etc.

3. The organization has solely and directly non-profit/charitable objectives within the framework of “Tax Exempt Purposes” section of the Code of Tax Administration.

1. The Organization’s activities are void of any personal interest; the objectives of self-financing are not a priority of the Organization The funds of the organizations can be used for statutory purposes only. Members of the Organization cannot receive any shares of profit or other contributions from the funds of the Organization. Upon withdrawal from the Organization, dissolution of the Organization, or in case of termination of tax benefits members shall be refunded not more than their paid shares of the capital and the total value of all property contributions made by them.

2. The Organization shall not favor any individual through expenses that are alien to the Objectives of the Organization or through the disproportionately high renumeration.

§ 3 Acquisition of Membership

1. Any legal adult, natural or legal entity, groups and organizations, that the Board making decisions regarding the admissions deems appropriate and who agrees to pay the annual fee/expenses can be a member. The Board makes the decision regarding admission based on an application, made in writing or in text form (e.g. by e-mail). The membership begins upon the receipt of the decision regarding admission. An appeal against a negative decision is not possible. No right of admission is present and does not have to be justified by the applicant. Membership begins when a decision on admission is received..

2. For minors, the application for admission must be submitted by their legal representative. The Board makes the decision regarding the membership at its own discretion. The rejection of the application must not be justified to the applicant.  

3. There are three forms of Membership:

1. Active members take part in the volunteer work of the Organization, help determine the Objections of the Organization and represent the Organization externally – have voting rights.

2. Supporting members – individuals  supporting the Organization financially through an annual fee – have a → the right for an advisory vote.

3. Groups, organizations and legal entities may join the Organization as corporate members – have one vote per group/organization.

§ 4 Termination of Membership

1. The membership is terminated upon death (in the case of legal entities – upon termination of their activities), withdrawal or expulsion from the Organization.

2. The statement of withdrawal from the Organization must be submitted to the Board in writing. The application for withdrawal is only possible up to three months before the end of a fiscal year.

3. A member can be expelled from the Organization by the decision of the Assembly of members if they:

a) by culpable action cause serious damage to the reputation or the interests of the Organization or

b) have a debt of more than three months of payment of the admission or membership fees, despite receiving a written reminder under a threat of expulsion. A member must be provided with an opportunity to voice their opinion regarding the reasons for expulsion in the Assembly of members. Those reasons must be clearly communicated to them in advance no later than 2 weeks in advance.

§ 5 Rights and Responsibilities of Members

1. Every member of the organization has a right to use the facilities of the Organization and take part in joint activities. Every member has an equal right to vote and participate in the elections during the Assembly of members.

2. Every member of the organization is obligated to promote the interests of the Organization in particular: pay membership fees on a regular basis, and, as far as they are able, support the activities of the organization by their participation.

§ 6 Admission and membership fees

1. Every member of the Organization, as well as supporting and corporate members, must pay an annual membership fee, payable in advance.

2. The amount of the admission and membership fees in determined by the Assembly of members.

§ 7 Bodies of the Organization

The bodies of the Organization are the Board and the Assembly of members.

§ 8 Board

1. The Board consists of five co-chairs equal in their rights.

2. Every co-chairperson separately represents the Organization.

3. Members of the Board may receive royalties or another remuneration from the Organization/ work in the Organization.

4. The Treasurer and the IT Services Coordinator cannot be on the Board and must nbe appointed by the Board.

§ 9 Tasks of the Board 

The responsibilities of the Board of the Organization include representing the Organization under Section 26 of the German Civil Code and the conduct of its business. In particular, it has the following tasks:

a) convocation and preparation of the Assembly of members, including the preparation of an Agenda

b) execution of the decisions of the Assembly of members

c) management of the property of the Organization and the preparation of an annual report

d) admission of new members

§ 10 Appointment of the Board

1. Every member of the Board is elected individually by the Assembly of members for a period of one year. Only members of the Organization can be the members of the Board With the termination of membership in the Organization terminates the membership on the Board, as well. A member can be re-elected or dismissed early from the position in the Board by the decision of the Assembly of members. A member remains in the office at the end of their regular term until a successor is elected

2. If a member resigns from the Board early, the remaining members of the Board are entitled to be elected as members of the Board until a successor is elected by the Assembly of members..

§ 11 Consultations and decision-making by the board

1. Board meetings are held when necessary. The Board is competent to pass a resolution, if no less than 3 members are present. The decision-making process is determined by the majority of the valuable votes cast.

2. The decisions of the Board must be minuted.

§ 12 Tasks of the Assembly of Members

The Assembly of members is responsible for marking the decisions of the following matters:

a) Modifications of the Statute

b) Setting an amount of the admission and membership fees

c) election and dismissal of Board members

d) adoption of the annual report and dissolution of the Board  

e) dissolution of the Organization

§ 13 Convocation of the Assembly of Members

1. A regular Assembly of members is convened by the Board at least once a year. The convocation is done by email with two weeks’ notice and an indication of the agenda.  

2. The agenda is determined by the Board. No later than one week prior to the Assembly of members any member can request in writing to the Board an addition to the Agenda. The decision on the request is made by the Board. Decisions regarding the additions to the Agenda, which have not been approved by the Board or have been put forward for the first time during the Assembly of Members are made by the majority of the votes of the members present in the Assembly. This does not apply to the request regarding the changes in the Statute, the membership fees or the dissolution of the Organization.  

3. The Board must call an extraordinary Assembly of Members if so require the interests of the Organization or if at least one third of the members made written requests indicating the reasons and purpose.

§ 14 Decision Making by the Assembly of Members

1. The Assembly of members is chaired by one member of the Board. If they are absent, one leader of the Assembly, elected by the Assembly of members, takes their place.

2. The Assembly of members is competent to pass a resolution if no less than a quarter of all members of the Organization are present. In the absence of a quorum, the Board must covene a second Assembly of members with the same agenda withing four weeks. The second Assembly is competent to pass a resolution regardless of the number of members present. This should be indicated in the invitation.

3. The Assembly of members makes decisions by open or closed ballot by a majority of the votes of members present. If no candidate can obtain a majority of the votes of the members present, the one, who obtains the majority of the valid votes cast is elected. A second election must be held between several candidates. Decisions regarding the amendments to the Statute are made by a majority of the votes. Decisions regarding the changes to the Objectives – by a three-quarter vote, and the decisions regarding the dissolution of the Organization – nine-tenths vote of the members present.

4. The course of the Assembly of the members and the decisions made must be minuted. The minutes must be signed by the moderator of the Assembly and the recorder

.

§ 15 Dissolution of the Organization, termination for other reasons, termination of tax benefits

1. In case of the dissolution of the Organization, all members of the Board are jointly authorized liquidators, unless the Assembly of Members appoints another individual.

2. In the event of dissolution or liquidation of the Organization, or the termination of tax benefits, the Organization’s property shall be transferred to a legal entity of public law or another entity with tax benefits for its use by the organization Quarteera e. V.  

3. The above provision shall apply accordingly, in the event that the legal capacity of the Organization has been revoked.

§ 16 Online-Assembly of members and written resolutions

1. In contrast to § 32, paragraph. 1, p. 1 of the German Civil Code (BGB) the Board may decide at its discretion and announce it in the invitation, that all members of the Assembly must participate in the Assembly without being physically present at the meeting location and exercise their membership rights via electronic communication. (Online-Assembly of Members)

2. The invitation shall include the instructions for technical access and authentication. The access data must be provided to the members in advance of the Assembly of members. Members undertake to use the access and authentication data for electronic communication exclusively for the purpose of authorized participation in the Assembly of members and do not pass them to third parties. It must be technically possible for the members to exercise their rights according to the Statute (the rights to speak, make proposals, and vote) during the Assembly. The validity of decisions and elections is not affected by the fact that technical faults negatively affect the participation of individual members or the exercise of their rights via electronic communication.  The decision-making, including elections, can be done through electronic voting systems. The electronic system must be state-of-the-art technologically and allow for secret voting and elections.   

3. In contrast to § 32, paragraph. 2 BGB the decision is valid without the Assembly of members also if

• all members took part in text format

• at least half of the members cast their votes in text form prior to the date set by the Board

• the decision was adopted by the necessary majority

4. The provision of this paragraph shall apply to all organs and committees of the Organization accordingly unless otherwise regulated anywhere else in the Statute.

Berlin, 20.04.2023