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For the association and its members

Our Articles of Association

As of June 9, 2016

§ 1 Name and registered office

  1. The association bears the name CarSharing Erlangen e.V.
  2. The association has its registered office in Erlangen.
  3. The association shall be entered in the register of associations.

§ 2 Objectives and tasks

  1. The association promotes environmentally friendly mobility through the shared use of vehicles. In doing so, it contributes to the conservation of raw materials, reduces pollution and waste, and minimizes or prevents environmental damage. Furthermore, it counteracts the space constraints caused by stationary traffic.

§ 3 Non-profit status

  1. The association is a non-profit organization. It does not primarily pursue its own economic goals.
  2. The association's funds may only be used for the purposes set out in the statutes.
  3. Members of the executive committee and other members with fixed areas of responsibility may receive remuneration for their activities within the scope of the honorary allowance pursuant to § 3 No. 26a EStG (German Income Tax Act). Beyond this, members shall not receive any payments from the association's funds. This shall not affect the right to reimbursement of expenses incurred in the course of activities for the association (§ 670 BGB (German Civil Code)).
  4. Members shall receive their contributions back upon leaving the association. They shall not receive any shares of the association's assets.

§ 4 Membership

  1. Any natural or legal person may become a member of the association. The prerequisite is the recognition and promotion of the association's objectives (§ 2).
  2. The prerequisite for membership is a written application for admission to the association. The executive committee shall decide on admission.
  3. The application may be rejected. The executive committee shall give reasons for any rejection. The person concerned may appeal against the refusal of admission to the association in writing within one month. The general meeting shall decide on the appeal.
  4. Membership shall expire upon death, resignation, or expulsion; in the case of legal entities, also upon their dissolution.
  5. Members may resign by giving four weeks' written notice to the executive committee. Resignation takes effect at the end of the quarter following the expiry of the notice period; there is no pro rata refund of the annual membership fee. The refund of any deposit is governed by the membership fee regulations.
  6. In the event of serious violations by a member of the objectives and interests of the association, the executive committee may propose the expulsion of the member at the general meeting.
  7. In addition, measures against the member may be specified in the membership fee and usage regulations and other rules of the association in the event that the member violates the respective regulations. These measures may be taken by the executive committee.
  8. A violation also occurs if a member fails to pay their membership fee. In the event of violations of the association's rules and regulations, the executive committee may suspend the member's membership until the executive committee or the general meeting has made a decision.
  9. In any case, however, the member has the right to appeal and to be heard by the general meeting.

§ 5 Contributions

  1. Members pay a one-time admission fee and an annual contribution, the amount and due date of which are specified in the contribution regulations.
  2. The contribution regulations govern special forms of membership, such as passive membership, trial membership, and discounts.
  3. Members who are authorized to use the association's facilities pay a deposit. This primarily serves as liability capital. In addition, the deposit is invested in the purchase of the first vehicles and their equipment. Surplus deposits or reserves are invested in a manner that is safe and secure. The amount of the deposit for members is specified in the membership fee regulations.

§ 6 Rights and obligations of members

  1. Active members are entitled to use the vehicles in accordance with the association's rules of use.
  2. Membership entitles members to participate in decision-making within the association through the general meeting. Voting rights cannot be transferred.
  3. Members who are legal entities may not hold office within the association.
  4. Members undertake to recognize and support the objectives set out in § 2 of the statutes.

§ 7 Organs of the association

  1. The organs of the association are the general meeting and the executive committee.

§ 8 General meeting (GM)

  1. The ordinary GM takes place once a year.
  2. An extraordinary GM takes place if the executive committee deems it necessary in the interests of the association or if 10% of the members request the executive committee to convene a GM, stating their reasons.
  3. The convening shall be carried out by the executive committee, stating the place, time, and agenda, at least 14 days before the date of the meeting by e-mail, unless the member expressly requests otherwise and informs the association.
  4. The GM shall constitute a quorum if at least seven members are present. If a quorum is not reached, a second GM shall be convened, which shall constitute a quorum regardless of the number of members present. This shall be indicated in the invitation.
  5. The GM shall be chaired by a member of the Executive Board.
  6. The General Meeting is responsible in particular
    • for the election of the Executive Board;
    • for accepting the written activity and accountability report as well as the annual financial statement of the Executive Board;
    • for discharging the Executive Board
    • for electing two auditors who may not be members of the Executive Board.
  7. The General Meeting also decides on
    • the budget of the association
    • the membership fee regulations
    • the exclusion of a member
    • amendments to the Articles of Association
    • the dissolution of the association
  8. All natural and legal persons who are members of the association have one vote each and equal voting rights, regardless of their contribution. The General Meeting passes its resolutions by a majority of the valid votes cast, unless the law or the Articles of Association stipulate a different majority.
  9. Votes are taken by a show of hands. The election of the members of the Executive Board and the auditors is conducted by secret ballot if at least one member so requests.

§ 9 Executive Board

  1. The Executive Board consists of:
    • the Chair
    • the Deputy Chair
  2. These two persons form the Executive Board in accordance with § 26 BGB (German Civil Code). The Chair and Deputy Chair represent the association in and out of court. Both are authorized to represent the association individually.
  3. The extended Executive Board consists of at least two and at most six assessors.
  4. The Executive Board is elected by the General Meeting by a simple majority of votes for a term of two years. Re-election is possible. The current members of the Executive Board remain in office after the end of their term until their successors are elected.
  5. Members of the Executive Board may also be voted out of office by the General Meeting before the end of their regular term by a two-thirds majority of the members present. This requires an extraordinary General Meeting. A new member of the Executive Board must be elected at this General Meeting.
  6. The Executive Board shall adopt its own rules of procedure.
  7. The Executive Board shall be bound in its activities by the resolutions of the General Meeting. It shall be responsible for the management of day-to-day business. Its tasks shall include, in particular
  8. the establishment or amendment of the user regulations
    • the convening and chairing of General Meetings and the setting of the agenda
    • the annual submission of the written activity and accountability report
    • the coordination of public relations work
    • cooperation with other associations
    • the application for grants and subsidies
    • the admission and exclusion of members
    • the assignment and remuneration of needs-based activities on a fee basis to fulfill the association's objectives, in particular the maintenance and care of the vehicles
    • Other tasks as decided by the general meeting

§ 10 Amendments to the statutes

  1. Resolutions aimed at amending the statutes require a two-thirds majority of the voting members present at the general meeting. The resolution can only be passed if it is announced in good time in the invitation to the general meeting.

§ 11 Recording of resolutions

  1. The resolutions passed at board meetings and general meetings must be recorded in writing and signed by the respective chair of the meeting and the secretary. In urgent cases, resolutions of the board may also be passed by e-mail or telephone if no member of the board objects.

§ 12 Financial year

  1. The financial year is the calendar year.

§ 13 Dissolution of the association and use of the association's assets

  1. A three-quarters majority of the voting members present at the general meeting is required to pass a resolution to dissolve the association. The resolution can only be passed if it is announced in good time in the invitation to the general meeting.
  2. Upon dissolution of the association, after deduction of all outstanding debts of the association, the members' contributions shall be repaid to them as a residual amount or in full and in accordance with the contribution regulations.
  3. The general meeting shall decide on the use of the surplus, which shall be used directly and exclusively for charitable purposes.

Erlangen, June 9, 2016