{"id":988168,"date":"2022-02-12T19:36:36","date_gmt":"2022-02-12T19:36:36","guid":{"rendered":"https:\/\/tba.rp-web.de\/?page_id=988168"},"modified":"2026-05-13T14:21:47","modified_gmt":"2026-05-13T12:21:47","slug":"statutes","status":"publish","type":"page","link":"https:\/\/the-bay-areas.de\/en\/satzung\/","title":{"rendered":"Articles of Association"},"content":{"rendered":"
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Articles of Association<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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The Bay Areas e.v.<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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Table of contents<\/h2>

\u00a7 1 Name, registered office, financial year<\/a><\/p>

\u00a7 2 Purpose<\/a><\/p>

\u00a7 3 Acquisition of membership<\/a><\/p>

\u00a7 4 Termination of membership<\/a><\/p>

\u00a7 5 Membership fees<\/a><\/p>

\u00a7 6 Organs of the association<\/a><\/p>

\u00a7 7 Executive Board<\/a><\/p>

\u00a7 8 Responsibility of the Management Board<\/a><\/p>

\u00a7 9 Election and term of office of the Executive Board<\/a><\/p>

\u00a7 10 Meetings and resolutions of the Executive Board<\/a><\/p>

\u00a7 11 Advisory Board<\/a><\/p>

\u00a7 12 General Meeting<\/a><\/p>

\u00a7 13 Convening of the General Meeting<\/a><\/p>

\u00a7 14 Extraordinary General Meeting<\/a><\/p>

\u00a7 15 Adoption of resolutions by the General Meeting<\/a><\/p>

\u00a7 16 Committees<\/a><\/p>

\u00a7 17 Dissolution of the Association<\/a><\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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Preamble<\/h5><\/p>\nAll terms that appear in the Articles of Association in the masculine or feminine form are meant to be gender-neutral (e.g. Chairman, Managing Director).\n\nIn today's world, almost every country in the world is interconnected. Conflicts that take place thousands of kilometers away can have a direct impact on the lives of people in Schleswig-Holstein. Phenomena such as climate change cause problems across all borders. Current challenges show that cross-border challenges can only be overcome together: Cross-border cooperation is therefore more important today than ever before. The Bay Areas e. V. makes a contribution to this, which is intended to strengthen the common good by promoting a common spirit through personal contacts and mutual knowledge.\n\nTo this end, The Bay Areas e. V. has adopted the following statutes:\n\n<\/div>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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\u00a7 1 Name, registered office, financial year<\/h5>

(1) The association bears the name \"The Bay Areas e. V.\".<\/p>

(2) The association shall be entered in the register of associations.<\/p>

(3) The Association has its registered office in Kiel.<\/p>

(4) The Association's financial year is the calendar year.<\/p><\/div>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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\u00a7 2 Purpose<\/h5>

(1) The purpose of the association is to promote international exchange between the regions of San Francisco (USA), Kiel and Schleswig-Holstein and its citizens at all levels of society, tolerance and international understanding.<\/p>

This statutory purpose is realized in particular through projects, events and network meetings at all social levels to understand, get to know and exchange with people from both regions. The association participates with program items and contacts in delegation, study and exchange trips to the San Francisco region and acts as a host, organizer or meeting point for foreign guests in Schleswig-Holstein.<\/p>

(2) The association is selflessly active. It does not primarily pursue its own economic purposes.<\/p>

(3) The Association's funds may only be used for the purposes set out in the Articles of Association. Members shall not receive any benefits from the Association's funds. This does not affect the reimbursement of expenses.<\/p>

(4) No person may benefit from expenses that are alien to the purpose of the association or from disproportionately high remuneration.<\/p>

(5) If the association is dissolved or if tax-privileged purposes cease to exist, the assets shall revert to the City of Kiel, which shall use them directly for charitable purposes.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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\u00a7 3 Acquisition of membership<\/h5>\n(1) Any natural person, legal entity or partnership, including associations and local authorities, may become a member of the Association. The following membership options are available:\n
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\na) Ordinary members: Ordinary members are part of the General Assembly and have voting rights.\n
\nb) Non-regular members (supporting members): Members who wish to support the association as non-regular members receive the status of supporting member. They are invited to General Meetings, but do not have their own voting rights.\n
\nc) Honorary members: Anyone who has made an outstanding contribution to the objectives of the association can be appointed as an honorary member for life. The Board of Directors decides on the appointment. The General Meeting may propose honorary members.\n
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\n(2) The prerequisite for acquiring membership is a written application for membership, which must be addressed to the Board of Directors and must specify the type of membership desired. In the case of minors, the application must also be signed by the legal representatives. They must undertake to pay the membership fees for the minor by means of separate written declarations.\n
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\n(3) The Executive Board shall decide on the application for membership at its own discretion by a simple majority decision of the Executive Board. If the application is rejected, the Board is not obliged to inform the applicant of the reasons for the rejection.\n
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\n(4) Membership of the association is completed when the membership fee is credited to the association's account for the first time.\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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\u00a7 4 Termination of membership<\/h5>\n(1) Membership ends through death, exclusion, removal from the membership list or resignation from the association.\n
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\n(2) Resignation is effected by written declaration to a member of the Executive Board. In the case of minors, the declaration of resignation must be submitted by their legal representatives. Resignation can only be declared at the end of a financial year, whereby a notice period of three months must be observed.\n
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\n(3) A member can be removed from the membership list by a simple majority decision of the Executive Board if it is in arrears with the payment of membership fees or contributions despite two written reminders. The removal may only be decided if two months have elapsed since the second reminder was sent and the removal was threatened in this reminder. The member must be notified of the Board's decision to cancel the membership.\n
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\n(4) A member can be expelled from the association by a simple majority decision of the Board of Directors if he or she culpably violates the interests of the association in a gross manner. Before passing a resolution, the Executive Board must give the member the opportunity to make a written or oral statement. The Board's decision must be justified in writing and sent to the member. The member may appeal against the decision to the General Meeting. The appeal must be lodged with the Executive Board within one month of receipt of the resolution. Within one month of the appeal being lodged in due time, the Board of Directors shall convene a General Meeting, which shall make a final decision on the exclusion by simple majority.\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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\u00a7 5 Membership fees<\/h5>\nMembers may be charged fees and contributions. The amount of these payments, the due date and the manner in which they are to be made are regulated by a membership fee schedule, which is decided by the General Meeting. The membership fee regulations are not part of the articles of association. It shall be made known to the members in the respective valid version in an appropriate manner.\n\n<\/div>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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\u00a7 6 Organs of the association<\/h5>\nThe bodies of the association are the Executive Board, the General Meeting and the Advisory Board.\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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\u00a7 7 Executive Board<\/h5>\n(1) The Executive Board of the Association within the meaning of \u00a7 26 BGB shall consist of at least 3 persons, namely the Chairman, the Deputy Chairman and the Treasurer.\n
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\n(2) The Association is represented by the Chairman, the Deputy Chairman of the Board of Directors or the Treasurer. They are each authorized to represent the association alone.\n
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\n(3) Amendments to the Articles of Association that are required by supervisory, judicial and financial authorities or charitable umbrella organizations for formal reasons may be made by the Board of Directors on its own initiative. The members must be informed of such changes as soon as possible.\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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\u00a7 8 Responsibility of the Management Board<\/h5>\nThe Board of Directors is responsible for all matters of the association, unless they are assigned to another body of the association by the Articles of Association. It has the following tasks in particular:\n
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\na) Preparing and convening the General Meeting and drawing up the agenda;\n
\nb) Implementation of resolutions of the General Meeting;\n
\nc) Preparation of the budget, bookkeeping, preparation of the annual report;\n
\nd) Passing resolutions on the admission and exclusion of members.\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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\u00a7 9 Election and term of office of the Executive Board<\/h5>\n(1) The Board of Directors is elected by the General Meeting for a term of three years. Re-election is possible. If possible, members of the association (natural persons or representative bodies of legal entities or partnerships) should be elected as members of the Executive Board.\n
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\n(2) If a member of the Management Board resigns prematurely, the Management Board shall consist of the remaining members until a new Management Board is elected. The remaining members of the Board of Directors may complete themselves by co-option. Co-opted Board members require confirmation by the next General Meeting.\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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\u00a7 10 Meetings and resolutions of the Executive Board<\/h5>\n(1) The Board of Directors shall adopt resolutions at meetings convened by the Chairman or, in his absence, by the Deputy Chairman; the agenda need not be announced. The notice period is 10 days. The period begins on the day following dispatch.\n
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\n(2) The Board of Directors shall constitute a quorum if at least half of its members are present. Resolutions shall be passed by a simple majority of the valid votes cast; in the event of a tie, the Chairman shall have the casting vote or, in his absence, the Deputy Chairman.\n
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\n(3) Resolutions of the Board of Directors may also be passed outside of meetings in any way, in particular by telephone or in writing, provided that all members of the Board of Directors agree to the resolution on the subject matter.\n
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\n(4) Minutes shall be taken of the resolutions by the secretary. The minutes should include the time and place of the Board meeting, the names of the participants, the resolutions and the result of the vote.\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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\u00a7 11 Advisory Board<\/h5>\n(1) The Advisory Board, which consists of up to ten members, is appointed and dismissed by resolution of the Board of Directors in accordance with Section 10 (2). Any proposals made by members of the Association shall be taken into account when appointing members. Dismissal is only permissible in the event of a gross violation of the Association's interests. The advisory board members may, but need not, be members of the association.\n
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\n(2) The term of office of a member of the Advisory Board is three years. Reappointment is possible.\n
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\n(3) The Advisory Board elects a spokesperson from among its members. The spokesperson of the advisory board has the right to participate in the board meetings. He is not entitled to vote.\n
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\n(4) The members of the Advisory Board have the right to participate in the General Meetings. They are not entitled to vote unless they are full members.\n
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\n(5) The tasks of the Advisory Board are:\n
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  • The Advisory Board advises the Executive Board on all important issues relating to the association.<\/li>\n \t
  • The advisory board promotes the ideas and goals of the association to the public.<\/li>\n \t
  • The Advisory Board has the right to submit proposals and motions to the General Meeting.<\/li>\n<\/ul>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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    \u00a7 12 General Meeting<\/h5>\n(1) Each ordinary member (in the case of natural persons over the age of majority) has one vote at the General Meeting. Another member may be authorized in writing to exercise the right to vote. In addition to his own vote, a member may have a maximum of two further votes transferred to him in writing.\n
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    \n(2) If a member company\/member organization is not represented at the General Meeting by its management\/representative, the management\/representative must designate a representative by name in writing to the Association using the attached registration form and complete and sign the power of attorney accordingly.\n
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    \n(3) The General Meeting is responsible for the following matters:\n
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    • Approval of the budget for the next financial year.<\/li>\n \t
    • Acceptance of the annual report of the Board of Directors.<\/li>\n \t
    • Discharge of the Management Board.<\/li>\n \t
    • Determination of admission fees and membership fees.<\/li>\n \t
    • Election and dismissal of members of the Executive Board.<\/li>\n \t
    • Resolution on amendments to the Articles of Association and on the dissolution of the Association.<\/li>\n \t
    • Resolution on the appeal against an exclusion resolution.<\/li>\n \t
    • Appointment of honorary members.<\/li>\n \t
    • Changes to the contribution regulations.<\/li>\n<\/ul>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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      \u00a7 13 Convening of the General Meeting<\/h5>

      (1) The Annual General Meeting shall take place once a year, if possible by June 30. It shall be convened by the Board of Directors in writing or by e-mail with two weeks' notice, stating the agenda. The notice period begins on the day following the dispatch of the invitation. A letter of invitation is deemed to have been received by the member if it is sent to the last address (postal or e-mail address) provided to the association by the member. The agenda is set by the Executive Board.<\/p>

      (2) Each member may request an addition to the agenda from the Executive Board in writing or by email no later than one week before a General Meeting. An addition to the agenda must be announced to the members without delay.<\/p>

      (3) The General Meeting may only pass resolutions on motions to add items to the agenda that are submitted at General Meetings if all members are present or duly represented. Excluded from the plenary meeting requirement are motions in which a resolution is only to be passed on the addition or amendment of a topic specified in the invitation.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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      \u00a7 14 Extraordinary General Meeting<\/h5>

      An Extraordinary General Meeting shall be convened by the Executive Board if the interests of the Association so require or if more than 1\/3 of the members submit a written request to the Executive Board, stating the purpose and reasons.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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      \u00a7 15 Adoption of resolutions by the General Meeting<\/h5>

      (1) The General Meeting shall be chaired by the Chairman or, if he is unable to attend, by the Deputy Chairman. If no member of the Board of Directors is present, the meeting shall appoint the chairman of the meeting. The chairman of the meeting shall appoint a secretary.<\/p>

      (2) The type of voting shall be determined by the chairman of the meeting. The vote must be conducted in writing if one third of the voting members present request this.<\/p>

      (3) The General Meeting shall constitute a quorum if at least one eighth of all Association members are present. If there is no quorum, the Board of Directors is obliged to convene a second General Meeting with the same agenda within two weeks; this shall constitute a quorum regardless of the number of members present. This must be indicated in the invitation.<\/p>

      (4) The General Meeting passes resolutions with a simple majority of the valid votes cast. A qualified majority of more than 75 % of the votes cast is required for resolutions on (i) the amendment of the Articles of Association, (ii) the dissolution of the Association and (iii) a change in the purpose of the Association.<\/p>

      (5) In elections, the person who has received more than half of the valid votes cast is elected. If no one has received more than half of the valid votes cast, a run-off election shall be held between the two candidates who have received the most votes. The candidate who has received the most votes is then elected. In the event of an equal number of votes, the lot to be drawn by the chairman of the meeting shall decide.<\/p>

      (6) Minutes of the General Meeting shall be prepared and signed by the secretary. The minutes should include the time and place of the General Meeting, the number of members present, the resolutions and the voting results.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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      \u00a7 16 Committees<\/h5>

      (1) The Executive Board or the General Meeting may set up committees to achieve the purposes set out in the Articles of Association and to prepare and implement individual measures. The committees may include ordinary and non-ordinary members, board members and advisory boards.<\/p>

      (2) In the committees, the members develop work priorities and options for action for the association. The committees' public relations work requires the approval and coordination of the Executive Board.<\/p>

      (3) Separate committees can be set up to focus on promoting the purpose of the association in the areas of culture, science, business, education, politics and sport.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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      \u00a7 17 Dissolution of the Association<\/h5>\n(1) The dissolution of the Association is subject to the resolution requirements of \u00a7 15 para. 4.\n
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      \n(2) Unless the General Meeting decides otherwise, the Chairman and the Deputy Chairman are jointly authorized liquidators.\n
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      \n(3) If the corporation is dissolved or abolished or if tax-privileged purposes cease to exist, the assets of the corporation shall pass to the City of Kiel, which shall use them directly and exclusively for charitable, benevolent or ecclesiastical purposes.\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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      Satzung The Bay Areas e.v. 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