Statutes of the non-profit association European Utopia e.V.

The association European Utopia was founded in Munich on 1 August 2019, entered in the register of associations on 22 April 2020 and recognised as a non-profit organisation on 20 October 2020. These are the currently valid statutes of the association, adopted on 14 February 2020 by the general meeting.

Preamble

Courageous, people-friendly ideas are needed to solve the global social, economic and ecological problems of our time. The association “European Utopia” is committed to the European tradition of enlightenment and avant-garde thinking. Its vision is that in the future people in Europe and the world will live together transnationally in freedom, equality, sisterhood and brotherhood. The Association shall work in the public sphere to encourage people to dare more utopia and to shape the future positively.

§1. Name and seat

  1. The name of the association shall be European Utopia.
  2. It shall be entered in the register of associations and thereafter bear the suffix "e.V."
  3. The seat of the association shall be Munich.

§2 Purpose of the Association

  1. The Association shall exclusively and directly pursue charitable purposes within the meaning of the section "tax-privileged purposes" of the German Tax Code.
  2. The purpose of the Association is the promotion of research, education, art and culture. This purpose shall be realised by
    1. the organisation of symposia, cultural, discussion and educational events, in particular on topics relating to the future coexistence of people in Europe and the world in freedom, equality and solidarity;
    2. the publication of a journal;
    3. the promotion of charitable purposes of other associations and universities (such as projects and doctorates in basic research) which are corporations under public law or corporations within the meaning of §58 No. 1 AO.

§3 Selflessness; Use of Funds

  1. The Association shall act selflessly. It does not primarily pursue its own economic purposes.
  2. The funds of the Association may only be used for its statutory purposes. Members shall not receive any benefits from the Association's funds.
  3. No person may be favoured by expenses which are alien to the purpose of the association or by disproportionately high remuneration.

§4 Commitment of assets

  1. In the event of the dissolution of the Association or the cessation of its tax-privileged purposes, the assets of the Association shall pass to a legal person under public law or to another tax-privileged body for the purpose of promoting aid for those persecuted on political, racial or religious grounds.
  2. Resolutions on the amendment of this paragraph may only be carried out in agreement with the competent tax office.

§5. Business year

  1. The association is founded for an indefinite period.
  2. The financial year is the calendar year.

§6 Membership

  1. Any natural person who fulfils the following requirements may be a member of the association: Interest in promoting progressive projects and ideas that show ways in which people in Europe and the world can live together transnationally in freedom, equality and solidarity in the future.
  2. Upon proposal of the Executive Board, extraordinary members may also be admitted by resolution of the General Assembly. Furthermore, in special cases, personalities who have rendered outstanding services in the sense of the Association's purpose may become honorary members.
  3. Application for membership of the Association shall be made in writing. The Executive Committee shall decide on the application at its own discretion. In the event of rejection, it shall not be obliged to inform the applicant of the reasons therefor. In the case of minors, the application for membership shall be submitted by their legal representatives.

§7 Sustaining members

  1. Natural and legal persons may become sustaining members of the Association. For the acquisition of supporting membership, §6 (1.) and (3.) shall apply accordingly.
  2. Sustaining members have the right to speak at the general meeting, but no right to propose motions, no right to vote and no active and passive right to vote.

§8 Termination of membership

  1. Die Mitgliedschaft endet durch Tod, Ausschluss, Streichung von der Mitgliederliste oder Austritt aus dem Verein bzw. durch Liquidation einer juristischen Person.
  2. Der Austritt erfolgt durch schriftliche Erklärung gegenüber dem Vorstand. Er kann nur zum Ende eines Jahres erklärt werden, wobei eine Kündigungsfrist von zwei Monaten eingehalten werden muss.
  3. Ein Mitglied kann durch Beschluss des Vorstandes von der Mitgliederliste gestrichen werden, wenn es trotz schriftlicher Mahnung mit der Bezahlung von Mitgliedsbeiträgen oder von Umlagen im Rückstand ist. Diese Streichung befreit das Mitglied nicht von der Begleichung rückständiger Beiträge und Umlagen.
  4. Ein Mitglied kann ausgeschlossen werden, wenn es schuldhaft in grober Weise die Interessen des Vereins verletzt. Der Ausschluss erfolgt durch Beschluss des Vorstandes. Vor der Beschlussfassung muss dem Mitglied Gelegenheit zur mündlichen oder schriftlichen Stellungnahme gegeben werden. Der Beschluss ist schriftlich zu begründen und dem Mitglied mitzuteilen. Hiergegen kann innerhalb eines Monats nach Zugang des Beschlusses beim Vorstand Widerspruch eingelegt werden. Über diesen Widerspruch entscheidet die nächste Mitgliederversammlung endgültig.

§9 Admission Fee; Membership Fee

  1. Annual membership fees shall be charged to members and sustaining members. Contributions may be levied to finance special projects.
  2. The amount and due date of annual subscriptions and contributions shall be determined by the General Assembly.
  3. The Executive Committee may, in appropriate cases, waive or defer fees, contributions and levies in whole or in part.

§10 Executive Committee

  1. The Association shall have a Board. The Executive Committee shall consist of three members. It is the representative body of the Association in the sense of § 26 BGB.
  2. Members of the Executive Committee shall be elected by the General Assembly for a period of two years. However, the members of the Executive Committee shall remain in office until the valid election of new members, even after the expiry of their term of office. The General Assembly shall elect a Chairperson, a Vice-Chairperson and a Treasurer.
  3. Only members of the Association may be elected to the Executive Committee. Each member of the Executive Committee shall be elected individually. The principles of secret and equal voting shall apply. The person who receives the majority of the valid votes shall be elected. Re-election is permitted without limitation.
  4. If a member of the Executive Committee retires prematurely, the Executive Committee may elect a successor for the remaining term of office of the retiring member.
  5. The Executive Committee shall convene its meetings with 10 days' notice. The meeting shall be convened by the Chairperson and shall be sent to each member of the Board [in writing (including electronically)]. Each member of the Executive Board is entitled to register items for the agenda. The registration has to take place at least 2 days before the respective meeting and has to be sent by the chairman to all board members after the end of the last day of the period.
  6. The Board shall take its decisions by simple majority. The Chairman of the Board shall have the casting vote. Should the Chairman of the Board be excluded from the decision-making process or be unable to participate in it for any other reason, his deputy shall have the casting vote. Exceptionally, the Executive Board shall also have a quorum if one or more of its members cannot participate in the passing of a resolution due to illness, unconsciousness or death. In this case, the members of the Executive Board with a quorum shall be deemed to be "the Executive Board" within the meaning of these Statutes. If a member of the Executive Board is permanently disqualified from acting as a member of the Executive Board, the Executive Board shall convene the General Assembly to elect a new member to the Executive Board in accordance with paragraphs 2 and 3.
  7. The Executive Committee may adopt resolutions by written procedure if all members of the Executive Committee agree.
  8. The Executive Committee shall be responsible for all matters of the Association, unless they are assigned by the Statutes to another organ of the Association. It shall in particular have the following duties:
    • Preparing and convening the General Assembly and setting the agenda;
    • Preparation and convening of the General Assembly of Members as well as drawing up the agenda;
    • Execution of resolutions of the General Assembly of Members;
    • keeping the accounts and preparing the annual report;
    • passing resolutions on the admission of members.
  9. The Executive Committee may, with the consent of the General Assembly, employ a Managing Director to discharge the Executive Committee from its duties.
  10. The Executive Committee may appoint committees to deal with specific tasks. These may also be staffed with persons outside the Executive Board as well as external experts.

§11 General Assembly

  1. The Chairman of the Board shall convene an ordinary General Assembly of Members within six months of the end of each financial year by ordinary letter or electronic mail (e-mail), giving 14 days' notice and stating the agenda. The period shall commence on the day following the dispatch of the letter of invitation. The letter of invitation shall be deemed to have been received by the member if it is addressed to the last address given in writing by the member to the Association.
  2. The agenda shall be set by the Executive Committee. The General Assembly shall decide on motions for additions to the agenda that are submitted at General Assemblies.
  3. At the ordinary general meeting, the treasurer shall render accounts and have the accounts approved. In addition, the Executive Board or, if available, the Managing Director shall give the annual report.
  4. The General Assembly shall be chaired by the President of the Executive Board. If he is not present, it shall be chaired by his deputy or, if the deputy is also not present, by another member of the Executive Committee. If no Executive Committee is present, the General Assembly shall elect a chairperson from among its members.
  5. The General Assembly shall be responsible for the following matters:
    • Election of the Executive Committee;
    • Election of the auditors;
    • Adoption of resolutions on the annual report of the Executive Board;
    • Discharge of the Executive Board;
    • Adoption of resolutions on the budget;
    • Determination of membership fees and apportionments;
    • Adoption of a resolution on the objection against a reason for exclusion of the Executive Board;
    • Amendments to the Statutes;
    • dissolution of the Association;
  6. Resolutions shall be passed by simple majority; only resolutions on amendments to the Statutes shall require a majority of ¾ of the members present or duly represented. The manner of voting shall be determined by the chairman of the meeting. A vote shall be taken in writing if requested by 1/3 of the members present.
  7. An extraordinary general meeting shall be convened by the executive committee if at least 1/3 of the members request this in writing or if the executive committee considers this necessary on its own initiative.
  8. Any General Assembly duly convened shall constitute a quorum irrespective of the number of participants; only resolutions on amendments to the Statutes or on the dissolution of the Association shall require the presence of at least 1/3 of the members. Members may be represented by proxy in writing.
  9. The General Assembly shall elect at least two auditors who shall not be members of the Executive Committee. The auditors shall be elected for a period of two years. Re-election is not possible.

§12 Reports of meetings

  1. Minutes shall be kept of the meetings of the Executive Committee and of the General Meetings.
  2. Minutes of meetings of the Executive Committee shall be signed by the Chairman or, if the Chairman is prevented from attending, by the Vice-Chairman; minutes of meetings of the General Assembly shall be signed by the Secretary and the Chairman of the meeting.

§13 Dissolution

  1. The dissolution of the association can only be decided at a general meeting with a majority of ¾ of the members present.
  2. Unless the general meeting decides otherwise, the chairman of the board and his deputy shall be jointly authorised liquidators.