Constitution

Statute of the Association „Network of Kurdish Professionals“
 
Chapter 1: Name, Area and Fiscal Year
(1) The association operates under the name „Network of Kurdish Professionals“ (Tora Akademîsyenên Kurd), using the abbreviation “Kurd-Akad”. Upon the intended registration into the register of associates, it will carry the addendum e.V. (registered association).
 
(2) The seat of the association is Dortmund/Germany.
 
(3) The fiscal year is the calendar year.
 
Chapter 2 : Objectives
(1)   The association aims to
Encourage professional and intercultural exchange of knowledge and experience by establishing co-operations with other associations of professionals
Promote and further academic discussions on socio-political, social and cultural facets of migration
Bundle and specifically target resources of education as well as to develop the general potential of education
Represent the interests of Kurdish migrants and to promote the process of integration as well as to spread the idea of international understanding
Support social projects, specifically those aiming at empowering women and children in the field of education
 
(2) To achieve the objectives referred to above, the association aims at acting jointly with other associations and organisations as far as this serves the objectives. Thereby, it pursues no ideological, religious or political ends.
 
(3) The association shall carry out, participate in and contribute to study tours, educational trips, conferences, academic seminars, congresses and  panel discussions with academics and politicians.
 
Chapter 3: Status of charitable association

(1) The association pursues directly and exclusively charitable objectives according to the chapter of the German Fiscal Code (§§ 51 ff. AO) in its relevant and effectual version.
 
(2) The association acts selflessly and does not work for its own profit.
 
(3) The means of the associations are to be used only for the statutory objectives.
 
(4) The members of the associations do not obtain any benefits from association’s funds.
 
(5) The association may not benefit any persons by expenditures contrary to the statutory objectives or by disproportionally high remuneration.
 
Chapter 4: Membership
(1) Members of the Association may be any graduates of higher education institutions who support the statutory objectives. The membership application is to be submitted in writing. The Executive Board shall decide on the admission of a member.
 
(2) The refusal of admission to membership may be appealed within a month after its receipt. The meeting of members shall decide on the appeal. The decision on the appeal shall be made in writing.
 
(3) There is no right to membership.
 
(4) Beyond membership, there is a possibility of honorary and sponsoring membership.
a) Honorary members shall be appointed by the member meeting on a proposal of the Executive Board.
b) Sponsoring members may be individuals or legal entities who are willing to adopt the statutory objectives and to support the Association by paying the minimum contribution pursuant Chapter 6 paragraph 1 of the Statute. For the adoption, a declaration of joining addressed to the Executive Board is sufficient.
 
(5) The membership terminates
a) with the death of the member
b) with resignation
c) with exclusion from the association.
 
(6) The written resignation is to submit three months before the end of the calendar year to at least one member of the Executive Board.
 
(7) A member can be excluded from membership due to serious violations of statutory objectives of the Association, especially by not paying premiums for a period of six months.
 
(8) The meeting of members shall decide on the exclusion upon a proposal of the Executive Board with a 2/3 majority. The Executive Board must send a copy of the exclusion proposal including the reasons, six months before the meeting of members to the member concerned. A written statement of the member concerned must be submitted to the meeting of members. The decision on the exclusion shall be transmitted to the member concerned in writing and shall become effective on its receipt.
 
Chapter 5: Rights and duties of members
(1) The members are obliged to promote aspirations and objectives of the association mentioned in chapter 2 in any way and to comply with resolutions made under this statute.
 
(2) The members are obliged to pay the membership fees fixed by the meeting of the members.
 
(3) The members are entitled to take part in the meetings of the members, to file an application and to exercise their right to vote. Every member has a vote only to be cast personally.
 
(4) The honorary members have all rights and duties of a well-arranged member, however, are exempt from membership fee.
 
(5) The sponsoring members have no right to vote. They have a right to be informed and a comprehensive right to make proposal concerning all matters of the association.
 
Chapter 6: Membership fees
(1)   The association finances itself by donations and membership fees. The meeting of the members decides on the amount and the due date of the fee with effect for the next business year. The monthly fee amounts to at least 10 € while unemployed members pay half the fee.
 
(2) The honorary members are exempt from membership fee
Chapter 7: Bodies
(1) Bodies of the association are:
1. the Executive Board
2. the Meeting of the Members
 
(2) The meeting of the members may create further association bodies or committees.
 
Chapter 8: The Executive Board
(1)   The Executive Board consists of 5 persons (a chairperson, two deputies, a treasurer and a secretary) and 2 substitute members.
(2)   The chairperson and the deputies constitute the representative body of the Executive Board according to the paragraph 26 of the German Civil Code. In judicial and extrajudicial matters, the association is represented by the chairperson or one of the deputies.
 
(3) Members of the representative body of the Executive Board may not be employees of the association.
 
(4)The Executive Board is elected by the meeting of the members for a term of one year and remains in office until a new board is elected. Members of the Executive Board may be re-elected.
 
(5) If a member retires during the term in office, the substitute member who pulls in most of the votes joins the board for the remaining term of office. In case of two members of the board retiring, a new Executive Board must be elected by an extraordinary meeting of the members. More details concerning the extraordinary meeting of the members are set out in chapter 9 of this statute.
 
(6) The Executive Board leads the business of the association including its administrative tasks as far as they are not assigned to another body by the statute or law. In particular, the Executive Board has the following duties:
a) implementing the decisions of the meeting of the members
b) calling and preparing the meeting of the members. The meeting of the members is led by the chairperson or one of the deputies.
c) installing the budget for every business year, keeping the account and issuing the annual report.
d) admitting members and co-operating in case of the exclusion of members.
e) concluding and terminating employment contracts.
 
(7) The Executive Board constitutes a quorum in its meetings only if all members are invited. The invitation must be sent by the chairperson or, if the chairperson is unable to act as well as in case of emergency, by one if his/her deputies in writing and at least one week before the meeting.
 
(8) The Executive Board takes decisions by a simple majority vote of the valid votes. In the event of a tie, the vote of the chairperson or in his/her absence of one of the deputies leading the meeting shall be decisive.
 
(9) The decisions are to be recorded in a protocol book and to sign by the meeting chairman, the records must include:
– venue and time of the meeting,
– the names of the participants and the meeting chairman,
– the decisions taken and the results of the poll
 
(10) Decisions of the Executive Board must be in writing. Documents on the decisions are to be kept as an annex to the protocol book. The Executive Board may establish its own rules of procedure.
 
 
Chapter 9: Meeting of the members
 
(1)   The meeting of the members performs all duties, as far as the Executive Board or other association bodies are not responsible. She is exclusively responsible for the following matters:
a)     approving the budget plan set up by the Executive Board for the following business year,
b)     accepting the yearly report of the Executive Board, the financial audit report (discharge of the Executive Board)
c)     setting the amount and timing of the membership fee
d)     electing and dismissing the member of the Executive Board and members of bodies to be set up,
e)     amending the statute,
f)     dissolving of the association,
g)     deciding on complaints against membership the refusal of an application for admission,
h)     excluding association members,
i)      appointing honorary members.
(2) The ordinary general meeting of the members takes place once a year. An extraordinary meeting of the members is to be called up, if
the Executive Board convenes it for urgent important reasons,
a tenth of the members requires for it addressing the Executive Board in writing stating the reasons for doing so,
the Executive Board consists of less than 5 members (incl. substitute members).
 
(3) The meeting of the members will be convened from the chairman of the Executive board or an acting chairperson in writing including the agenda at least within two weeks before the meeting. The deadline begins the day following the sending of the letter of invitation. The letter of invitation counts as received by the member if it was addressed to the address at last announced to the Executive Board.
 
(4) Every member may request the agenda to be supplemented at the latest a week before the meeting in writing. Any requests to supplement the agenda put forward afterwords or on the meeting requires a 2/3 majority of the meeting of the members.
 
(5) The meeting of the members shall be chaired by the chairman of the Executive board, if prevented by an acting chairperson by whose prevention by another member of the Executive board. If no board member is present, the meeting shall elect a chairman. In order to realise the election of the executive board, the meeting of the members shall elect an election committee.
 
(6) The election of the Executive board shall be through written confidential vote. The meeting of the members has a quorum if at least 1/3 of the members authorised to vote, in case of changing the objectives of the association or of its dissolution at least 1/2.
 
(7) In case of the absence of quorum, the chairperson must convene a new meeting of the members with the same agenda within four weeks which has a quorum regardless of the number of the present members. The invitation must point out to that.
 
(8) Every member has a vote. Transferring a vote is not allowed. Decisions shall be made by a simple majority of the given valid votes. Abstentions do not count.
 
(9) Amendments of the statute need a 3/4 majority of the given valid votes, the change of the association objectives and its dissolution 4/5 majority. Decisions on the change of the association objectives and the dissolution can only be made if they are announced in the invitation on time.
 
(10) The members of the Executive board are elected individually. The Executive board itself elects the chairperson, the deputy and the other members. A candidate is elected if s/he receives more than half of the given valid votes. If this quorum has not been reached, a runoff election shall take place between the two candidates who have received most of the votes. In case of vote equality, the chairperson of the meeting decides by drawing a lot.
 
Chapter 10: registration of decisions
 
Decisions taken on meetings of the executive board or of the members must be laid down in writing and signed by the acting chairperson of the meeting and the secretary. It must include:
– Place and time of the meeting
– Name of the chairperson of the meeting and the secretary
– Number of the present members
– Statement of the proper call of meeting and quorum
– the agenda
– the applications made, the results of the poll (number of the votes in favor and against, abstentions, invalid voices), the kind of the voting
– applications geared at amending the statute and the association objectives
– decisions that need to be taken down literally.
 
Chapter 11: Dissolution of the association
The Dissolution of the association can only be decided by the meeting of the members with the majority of the votes laid down in Chapter 9 paragraph 9. Provided, the meeting of the members decides nothing else, the chairperson shall have the role of the liquidator entitled to representation together with the acting chairpersons. The regulations set above apply also in case the association is dissolved for other reasons or loses its legal capacity.
In case of dissolution or with discontinuation of tax-preferred purposes, the property of the association goes to „Kinderhilfe Mesopotamien e.V.“ that has to use it exclusively for tax-preferred or charitable purposes.