Articles of Association

Version from 14/12/2011

P. 1  Name, Seat and Fiscal Year

1.         The Association bears the name “Friends of the Candy Bomber,   Registered Association” (Förderverein Rosinenbomber e.V.) (hereafter referred to as “the Association”).

2.         The Association is recorded in the Associations Registry in the jurisdiction of Potsdam under the number VR 7614 P.  The seat of the Association is Schönefeld.

3.         The jurisdiction of the Association is Potsdam.

4.         The fiscal year is the same as the calendar year.

P. 2  Purpose of the Association

1.         The purposes of the Association are: the advancement and rebuilding of the only licensed, passenger-carrying DC-3 (“Candy Bomber”) airplane remaining in Europe, with the goal of returning it to flyable condition to be used in national and international presentations; to definitively preserve the Candy Bomber as a flying legend, a memorial, and reminder of and witness to history, above all to the time of the Berlin Airlift and the rescue of the city of Berlin.

These stated goals will be realized especially with the idea of resuming and supporting further flight demonstrations in the tradition of “time travels”, and the presentation of the Candy Bomber at large showcases and other media events.

P. 3  Charitable Status

1.         The Association may only pursue exclusively and unquestionably charitable (i.e., non-profit) goals in the sense of the definition stated in section “Tax-Deductible Functions” of the German General Tax Code.

2.         The Association does not  exist for its own gain; it is primarily a non-profit           organization.

3.         The resources of the Association may only be used for the purposes consistent with the articles of association.

4.         No person may profit from investments or expenditures that do not directly benefit the purposes of the Association, nor be disproportionally highly remunerated.

P. 4     Membership

1.         Any natural or legal person who supports the goals of the Association may        become a member.

2.         The Association is made up of: a) regular voting-entitled members. These are people admitted through submission of the application form who are at least 18 years old. b) regular voting-entitled and supporting, non-voting members, namely all that commit themselves to supporting the Association in a manner deemed suitable by the applicant to be determined by the executive board. c) honorary, non-voting members who are personalities especially advantageous to the furthering of the Association, namely individuals proposed by the executive board and named by the membership in a members’ assembly. d) non-voting,      exceptional members, namely youths younger than 18 years old. e) other voting-entitled legal persons.

3.         The admission of members follows written application.  Written applications accepted by the executive board will lead to membership after payment of the application and membership fees has been received.

4.         The membership ends: a) with the death of the member; b) with the expiration of the legal personality; c) through revocation of membership, which must be indicated to the administration in writing.  This written revocation must be received by at least three (3) months before the end of the fiscal year. d) through the decision of the executive board, if the  member has not fulfilled his financial commitment to the Association as stated in the legal statement. e) through expulsion, if the member profoundly disrupts or works against the goals and interests of the Association. The decision to expel is made by the members’ assembly by a simple majority.

P. 5     Rights and Responsibilities of Members

1.         The members have the right to: a) participate in all of the Association’s events; b) exercise their right to vote; c) exercise their right to vote in elections of the Association.

The members are required to cooperate in the efforts of the Association required for the attainment of its goals.

P. 6     Institutions of the Association

1.         The institutions of the Association consist of: a) the members’ assembly; b) the executive board.

P. 7     Members’ Assembly

1.         The members’ assembly is the highest institution of the society.  It is responsible for the following concerns: a) election of the executive board; b) discharging of the executive board; c) changes made to the articles of the Association; d) the mission statement of the purpose and goal of the Association; e) disbandment of the Association; f) naming of honorary members; g) removal of members for substantiated reasons.

2.         The members’ assembly will take place twice a year.  An assembly can be          summoned at any time by the determination of the executive board.  It must also be summoned if at least a quarter of all voting-entitled members request this with the stated purpose in writing.

3.         The members’ assembly will be announced in writing with a three (3) – week notice either in the postal mail, by e-mail or fax, indicating the agenda.  Changes in the agenda may be effected by an expressed simple majority of the members’ assembly. Changes in the articles of association, elections and dissolution of the Association may not be subject to a change in the agenda.

4.         The members’ assembly will be lead by the chairman or vice-chairman, or else another member of the executive board, or else a member to be chosen by the members’ assembly.

5.         Every voting-entitled member has a right to vote. Only members who are present may exercise their right  to vote.  Even in the case of a justified absence, a member cannot transfer their vote to another member.

6.         Every assembly that has been summoned according to the stated rules constitutes a quorum if at least 30% of the members are present.  Their resolutions will be decided by a simple majority of the present, voting-entitled members, with the exception of making changes to the articles of association, or of disbanding the association, which would require a three-quarter’s majority; changing the purposes of the Association would require the unanimity of the members.

7.         Voting will take place by acclamation or in secret by request. Proposals for measures to be voted on are to be submitted at least four (4) weeks in advance in writing to the executive board.

8.         A record of the members’ assembly minutes will be kept, which will be validated by the leader of the meeting and the protocol leader.

9.         Membership dues will be determined yearly by the members’ assembly.

10.      Every member has the right to annul their membership, as stated in the German Civil Code, Section 39.

P. 8     Executive Board

1.         The executive board leads the Association and manages the assets of the         Association.  In the fulfillment of its tasks, its decisions must be in accordance both implicitly and explicitly in accordance with the spirit and the letter of the Association.  It consists of: a) the honorary chairman; b) the chairman/ president of the Association; c) vice-chairman/ secretary; d) second vice-chairman/ treasurer; e) three (3) further members of the board.

2.         As defined in the German Civil Code, Section 26, any two of the three     ordinary board members are permitted to simultaneously serve as substitute functionaries, both as external representatives as well as in judicial disputes.

3.         The executive board reaches its decisions at board meetings or through a          written circulation procedure by letter, fax, or e-mail.  The executive board constitutes a quorum under the following conditions: a) every board member is entitled to vote and has a vote; b) the board reaches its decision by simple majority.  The following rules apply to the executive    board’s meetings: a) the chairman of the board leads the board meeting; if he is indisposed the vice-chairman leads; if both the chairman and vice-chairman are indisposed, the second vice-chairman shall lead.  If  a vote is tied, the three chairmen shall determine the outcome of the vote.  The following rules apply to circulation procedures: a) the leader of the   circulation procedure is the chairman; if he is indisposed the vicechairman leads; if both the chairman and vice-chairman are indisposed, the second vice-chairman shall lead. b) a decision shall be considered valid, if three votes of equal weight have been cast by the board and have been received by the chairman. c) votes cast that are not within 10 business days of a resolution being made shall be considered as having abstained from voting.

4.         The executive board will be elected every two (2) years.  The re-election of the presiding board members is permissible.

5.         The board shall remain as functionaries until the new election.

6.         The members’ assembly shall resolve once a year after the presentation of the yearly report about the discharging of the executive board. The date of the discharge shall be resolved in the first ordinary members’ assembly of the calendar year.

7.         At the behest of the executive board, members from the members’ assembly can be chosen to be advisors in unlimited number.

P. 9     Finances

1.         The annual report of the Association is, at the prompting of the executive board, to be reviewed by the members’ assembly in a timely manner. The executive board will appoint a comptroller for this function.

2.         The report of the comptroller must be presented to and confirmed by the members’ assembly.

3.         The office holders of the Association shall receive no compensation for their activities, but may, upon resolution of the executive board, claim a flat honorarium in accordance with Paragraph 3, Number 26a of the German Internal Revenue Code.

4.         Every member of the Association may claim restitution of proven personal          expenditures that were made within the bounds of his or her activities for the Association.  Claims can be made within a year after the expenditures arose. The details of P.9 shall be regulated by the financial code of the Association.

P. 10   Changes to the Articles of Association

1.         Changes to the articles of association can only be made by a members’ assembly, resolved by a three-quarters’ majority of voting-entitled, present members.

P. 11   Disbandment of the Association

1.         The members’ assembly can resolve to disband the Association.  This must be resolved by a three-quarters’ majority of voting-entitled, present members.  The assembly only constitutes a quorum when at least three-quarters of the members are present.  If this condition is not met, the decision to disband will be made by a members’ assembly that will be summoned in writing by the executive board at the earliest four (4) weeks later.  At this assembly, a three-quarters’ majority of voting-entitled, present members is also required for disbandment.

2.         At the disbandment or suspension of the Association or at the loss of its non-profit status, assets of the Association will fall to a legal representative of a public institution or another non-profit body, who may use its funds exclusively for charitable ends.

Resolved on the 14th of December, 2011 in 12529 Schönefeld.  Effected on the 14th of December, 2011 in 12529 Schönefeld.  Fourth review/ changes made on the 14th of December, 2011 in 12529 Schönefeld.

Chairman/ President, Frank Hellberg
Vice-Chairman, Gerd Gebhardt

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