By-laws
Disclaimer: The BORA e.V. by-laws are included in the English website for
information purposes only. Legal claims can only be made on the basis of the
German-language BORA "Satzung".
Preamble
Name and Location of Office
Purpose, Goals, and Tasks
Charitable Nature and Assets
Membership
Rights and Duties of Members
Membership Fees
Termination of Membership
Bodies of the Organization
Members' Meeting
Voting Procedures of Members' Meeting
Board of Directors
Dissolution of the Organization
Diakonie means mutual aid in situations of spiritual, physical, social, and individual suffering. Diakonie searches for the reasons for suffering and works to put an end to it. These are the fundamental guiding principles for everyone working for the Diakonisches Werk and its many establishments.
Staff working full-time should agree to this major purpose and the ensuing goals of diaconate work.
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Business year is the calendar year.
The official address of BORA e.V. is: Berliner Allee 130, D-13088 Berlin, Germany.
The organization is registered as No. 15481 Nz at the Register of Associations ["Vereinsregister"].
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3.2. The organization is not established for the purpose of making a profit; it has non-profit status.
3.3. Means and assets of the organization can only be used for purposes outlined in the by-laws. Members shall not receive allowances or bequests from BORA e.V. unless they are working for BORA e.V. or are in some kind of relation to BORA e.V. other than just being members.
3.4. Nobody shall receive payments for purposes not directly related to the work of BORA e.V. or benefit from disproportionately high salaries or other compensation.
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The Members' Meeting decides who becomes a member. Applications for membership must be submitted in written form.
No explanation need to be given for the refusal of membership.
Membership in BORA e.V. can also take the form of sponsor or honorary member.
Only well-deserved members of long standing can be elected honorary members. They are exempt from membership fees.
Sponsors support the organization either financially or non-financially without claiming membership rights.
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The Board of Directors has to inform members and sponsors about BORA's work on a regular basis.
Sponsors have speaking privileges at Members' Meetings to which they are invited.
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This decision can only be passed when three quarters of the attending members agree.
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Notice of resignation has to be submitted to the Board of Directors in written form. It becomes final and absolute on the day of delivery.
Members can be expelled from BORA e.V. when they seriously violate the organization's basic goals and resolutions.
Resigned or expelled members have no claims to the organization's assets.
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9.2. Extraordinary Members' Meetings have to be called by the Board of Directors when at least one third of the members demands such a meeting, or when the Board of Directors hold that such a meeting is necessary.
9.3. The tasks of the Members' Meeting are:
1) Adoption of resolutions on basic goals and purposes of the organization.
2) Decisions on by-laws, voting and business procedures, fee structure, and financial and wealth [tax] directives.
Decisions on changes of the by-laws must not infringe on the organization's membership in the Diakonisches Werk Berlin-Brandenburg e.V.. Such decisions can only be passed with the vote of two thirds of the members present.
3) Election of the Board of Directors for a term of three years. If one of the directors resigns within that period the Members' Meeting elects a new director for the remainder of the term.
4) One third of the Members' Meeting is necessary to carry a motion of non-confidence against the directors. Reasons for the no-confidence vote must be given. Directors can be voted out of office only with a majority of two thirds of the members. If less than two thirds of the members are present, a new Members' Meeting has to be called.
This meeting is qualified to decide by vote no matter how many members are present.
5) Receiving the Board of Directors' annual report, giving formal approval to the actions of the Board of Directors.
6) Receiving the financial statement, the report on assets and liabilities, and the report on fees.
These reports need to be officially approved of by the Members' Meeting.
The Members' Meeting engages two women auditors to control the aggregation of fortune and wealth formation.
7) Decisions on who becomes a member and who is expelled from the organization.
For these decisions a majority of two third of the members present at the Members' Meeting is necessary.
8) The Members' Meeting's decisions and resolutions have to be recorded in the exact wording, minutes have to be signed by one of the directors.
Open vote is the rule.
A member can motion for a secret vote if decisions concern questions of personnel.
The Board of Directors has to be elected by an absolute majority. In case of a tie or when the absolute majority is missed by all candidates a second ballot has to take place. Then a simple majority decides. If the second ballot also brings no clear vote the decision is reached by lot.
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The organization is represented in and out of court by two Directors. For certain business the Board of Directors can transfer contractual authority to individual women representatives according to § 30 BGB (=German Civil Code). The details of this transfer have to be set down in the Board's proceedings. The Board is bound to the decisions of the Members' Meeting.
Directors remain in office until a new Board is elected.
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12.2. In case of dissolution or disestablishment of BORA e.V., or when the purpose of its work ceases to exist, the organization's fortune and assets go to the Diakonisches Werk Berlin-Brandenburg e.V.. These funds are earmarked for the specific purpose of directly and solely supporting women's projects.
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information purposes only. Legal claims can only be made on the basis of the
German-language BORA "Satzung".
Preamble
Name and Location of Office
Purpose, Goals, and Tasks
Charitable Nature and Assets
Membership
Rights and Duties of Members
Membership Fees
Termination of Membership
Bodies of the Organization
Members' Meeting
Voting Procedures of Members' Meeting
Board of Directors
Dissolution of the Organization
Preamble
In its words and deeds Diakonie is an expression of the life and character of the church in Jesus Christ.Diakonie means mutual aid in situations of spiritual, physical, social, and individual suffering. Diakonie searches for the reasons for suffering and works to put an end to it. These are the fundamental guiding principles for everyone working for the Diakonisches Werk and its many establishments.
Staff working full-time should agree to this major purpose and the ensuing goals of diaconate work.
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§ 1 Name and Location of Office
The organization is called "BORA e.V.". The office is located in Berlin.Business year is the calendar year.
The official address of BORA e.V. is: Berliner Allee 130, D-13088 Berlin, Germany.
The organization is registered as No. 15481 Nz at the Register of Associations ["Vereinsregister"].
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§ 2 Purpose, Goals, and Tasks
2.1. Main goals of the organization:
- BORA e.V. provides shelter for women and children who are immediately threatened by violence or suffered from violence in the past. BORA e.V. helps these women get their rights in all ways possible.
- BORA e.V. assists women and children in creating new perspectives for their lives.
- BORA e.V. educates the public about the social and political preconditions for violence against women.
- BORA e.V. fights against all forms of violence against women.
2.2. In accordance with these goals the organization works on specific tasks:
- BORA e.V. runs shelters for women and children, several follow-up programs, a counseling center and a coordinating office. These services provide professional counseling and assistance for women and children who have to deal with the physical, psychological, social, and economic consequences of violence. "Aid to Self-aid" and feminist advocacy are fundamental guide-lines of all BORA programs.
- BORA e.V. educates the public about all forms of violence.
- BORA e.V. creates networks with projects, organizations, and groups who work for similar goals.
- BORA e.V. educates government agencies and public institutions on how to be better able to fight for the rights of women and children suffering from violence.
2.3.The organization is a member of the Diakonisches Werk Berlin-Brandenburg e.V. and thus affiliated to the Diakonisches Werk of the Protestant Church of Germany.
top§ 3 Charitable Nature and Assets
3.1. The organization pursues charitable and church purposes for the public benefit within the meaning of the paragraph on "Tax-Privileged Purposes" of the German Tax Code.3.2. The organization is not established for the purpose of making a profit; it has non-profit status.
3.3. Means and assets of the organization can only be used for purposes outlined in the by-laws. Members shall not receive allowances or bequests from BORA e.V. unless they are working for BORA e.V. or are in some kind of relation to BORA e.V. other than just being members.
3.4. Nobody shall receive payments for purposes not directly related to the work of BORA e.V. or benefit from disproportionately high salaries or other compensation.
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§ 4 Membership
Every natural or juridical person of full age can join BORA e.V.. She or he must know and support the by-laws.The Members' Meeting decides who becomes a member. Applications for membership must be submitted in written form.
No explanation need to be given for the refusal of membership.
Membership in BORA e.V. can also take the form of sponsor or honorary member.
Only well-deserved members of long standing can be elected honorary members. They are exempt from membership fees.
Sponsors support the organization either financially or non-financially without claiming membership rights.
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§ 5 Rights and Duties of Members
Members are bound to promote the organization's goals and support its work.The Board of Directors has to inform members and sponsors about BORA's work on a regular basis.
Sponsors have speaking privileges at Members' Meetings to which they are invited.
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§ 6 Membership Fees
The Members' Meeting decides on fee structure and the exact amount of fees.This decision can only be passed when three quarters of the attending members agree.
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§ 7 Termination of Membership
Membership is terminated by resignation or expulsion.Notice of resignation has to be submitted to the Board of Directors in written form. It becomes final and absolute on the day of delivery.
Members can be expelled from BORA e.V. when they seriously violate the organization's basic goals and resolutions.
Resigned or expelled members have no claims to the organization's assets.
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§ 8 Bodies of the Organization
The legal bodies of BORA e.V. are:- the Members' Meeting,
- the Board of Directors.
§ 9 Members' Meeting
9.1. Ordinary Members' Meetings have to be called at least once a year by the Board of Directors. At least one month in advance all members have to be invited to the meeting with a letter detailing the meeting's agenda. If the meeting was called correctly the Members' Meeting is qualified to decide by vote no matter how many or how few members are present.9.2. Extraordinary Members' Meetings have to be called by the Board of Directors when at least one third of the members demands such a meeting, or when the Board of Directors hold that such a meeting is necessary.
9.3. The tasks of the Members' Meeting are:
1) Adoption of resolutions on basic goals and purposes of the organization.
2) Decisions on by-laws, voting and business procedures, fee structure, and financial and wealth [tax] directives.
Decisions on changes of the by-laws must not infringe on the organization's membership in the Diakonisches Werk Berlin-Brandenburg e.V.. Such decisions can only be passed with the vote of two thirds of the members present.
3) Election of the Board of Directors for a term of three years. If one of the directors resigns within that period the Members' Meeting elects a new director for the remainder of the term.
4) One third of the Members' Meeting is necessary to carry a motion of non-confidence against the directors. Reasons for the no-confidence vote must be given. Directors can be voted out of office only with a majority of two thirds of the members. If less than two thirds of the members are present, a new Members' Meeting has to be called.
This meeting is qualified to decide by vote no matter how many members are present.
5) Receiving the Board of Directors' annual report, giving formal approval to the actions of the Board of Directors.
6) Receiving the financial statement, the report on assets and liabilities, and the report on fees.
These reports need to be officially approved of by the Members' Meeting.
The Members' Meeting engages two women auditors to control the aggregation of fortune and wealth formation.
7) Decisions on who becomes a member and who is expelled from the organization.
For these decisions a majority of two third of the members present at the Members' Meeting is necessary.
8) The Members' Meeting's decisions and resolutions have to be recorded in the exact wording, minutes have to be signed by one of the directors.
§ 10 Voting Procedures of Members' Meeting
Decisions are passed by majority vote if no other procedures are laid out in the by-laws.Open vote is the rule.
A member can motion for a secret vote if decisions concern questions of personnel.
The Board of Directors has to be elected by an absolute majority. In case of a tie or when the absolute majority is missed by all candidates a second ballot has to take place. Then a simple majority decides. If the second ballot also brings no clear vote the decision is reached by lot.
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§ 11 Board of Directors
The Board of Directors must consist of at least three women.The organization is represented in and out of court by two Directors. For certain business the Board of Directors can transfer contractual authority to individual women representatives according to § 30 BGB (=German Civil Code). The details of this transfer have to be set down in the Board's proceedings. The Board is bound to the decisions of the Members' Meeting.
Directors remain in office until a new Board is elected.
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§ 12 Dissolution of the Organization
12.1. The decision to dissolve the organization can only be passed when at least two thirds of the members agree. This decision requires the consent of the Diakonischen Werks Berlin-Brandenburg e.V.12.2. In case of dissolution or disestablishment of BORA e.V., or when the purpose of its work ceases to exist, the organization's fortune and assets go to the Diakonisches Werk Berlin-Brandenburg e.V.. These funds are earmarked for the specific purpose of directly and solely supporting women's projects.
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