Kinderwelt /

WITH HEART FOR CHILDREN AND FAMILIES

Our bylaws

This English version is provided for orientation. The German bylaws are authoritative.

§1 Name, seat
The association is called "Kinderwelt e.V. Berlin". It is based in Berlin and is registered in the association register of the Charlottenburg District Court of Berlin.

§2 Purpose of the Association
The purpose of the association is to promote physical and mental development as well as social behaviour, self-initiative and the independence of children. A party-political, racist or confessional influence of the children by members, board members, representatives and employees of the association as well as non-associated guardians whose children attend the kindergarten is excluded. The statutory purpose is achieved in particular by the establishment and maintenance of a child daycare centre operated in cooperation with parents (parent initiative daycare centre).

§3 Charity
The association pursues exclusively and directly charitable welfare purposes in the sense of Section "Tax-exempt purposes" of the Tax Code 1977 in the respective valid version. The association acts selflessly; it does not primarily pursue self-sustaining purposes. Funds of the association may only be used for the purposes stipulated in the constitution. Members of the association may not receive donations from the corporation's funds in their capacity as members. The association may not benefit any person through expenditures that are contrary to the purpose of the association or through disproportionately high remuneration.
Members of the association do not receive any share of the association's assets when they resign or when the association is dissolved or cancelled, insofar as it does not involve amounts paid out.

§4 Start of membership
There are two different ways to belong to the association:
Supporting members
Support members can be natural and legal persons who affirm the purpose of the association. They support and promote the goals of the association. Membership begins with acceptance by the board. Prerequisite for admission to the association is a request for admission addressed to the board. Support members can determine the amount of their contribution payments to the association itself. Employees of the association are supporting members without contribution payments, an election to the board is excluded for employees. The resignation takes place informally and in writing to the Executive Board.
Ordinary members
By concluding a care contract, the parents simultaneously declare their membership as a member of the association and recognize the statutes. The association accepts membership.
Membership in the association is bound by the existence of the care contract. It ends automatically upon termination of the contract. A termination of the contract shall at the same time be considered a declaration of withdrawal of the member from the association at the end of the termination period. When spouses join the association, both spouses become members of the association. Voting rights, association contributions and other payments are treated as for individual members.

§5 Rights of Members
Upon completion of 18. Each member, provided that his or her legal capacity is not restricted, has active and passive right to vote in the association meetings.
According to §34 BGB, however, a member is excluded from the votes in which a decision is to be made on the conduct of a legal transaction with him or the initiation or settlement of a legal dispute between him and the association.

§6 Duties of Members
All members are obliged to observe the bylaws and the resolutions and to actively contribute to achieving the purpose of the association. Members pay a monthly contribution, which is to be determined annually by the general meeting. Those who are more than three months in arrears with their contributions and do not pay despite two reminders may be excluded from the association by the decision of the board of directors.
Assumed tasks are in principle voluntary, but depending on the effort, the board can be granted a fee for volunteer work. The amount of the expense allowance (according to §3 no. 26a EStG) is determined by the Executive Board taking into account the financial budget situation.
For each membership, the mandatory hours set annually by the board must be completed. The amount stipulated in the care contract shall be paid for each non-completed hour. Duty hours of the board are compensated by the board work.

§7 End of membership, exclusion procedures
Membership ends by death, withdrawal or exclusion. The prerequisite for the withdrawal is a written declaration to the board. The withdrawal of ordinary members is only allowed at the end of each quarter and must be declared at least six weeks before the end of the quarter; except for the enrolment years, in which case the membership ends automatically on 31.07. of the current calendar year. The withdrawal of support members is possible with a period of 4 weeks at the end of the month, for support members who are also employees of the association, the statutory notice periods apply.
An exclusion procedure may be initiated against a member who has breached the Statutes or a decision of the bodies. The Board or a group of at least 20 % of the members shall be entitled to apply for the procedure. The exclusion shall be decided by secret ballot by a majority of 2/3 of the members present. Before taking such a decision, the person concerned shall be given the opportunity to submit his observations.

§8 The organs and their tasks
The organs of the association are the general assembly and the board of directors. The general assembly takes place once a year. The general assembly approves the minutes of the general assemblies and adopts the decisions of the association, unless the board of directors is responsible for this. A minutes must be drawn up from each assembly. At the annual general meeting, which must be held within the first six months of the current calendar year, the annual report and the financial report must be presented, the remuneration of the board of directors including the treasurer must be decided, the tasks and achievements of the members must be defined and the elections scheduled in accordance with §10 para. 3 must be held.
The board of directors manages the ongoing business of the association. It consists of the chairman, the deputy chairman, the treasurer and the secretary. The general meeting of members can establish the function of the board of directors by a simple resolution. All four persons form the board of directors within the meaning of § 26 BGB, with each two board members being entitled to represent.
Extraordinary general meetings may be called if at least 20% of the members request it, stating the purpose and reasons, or if requested by the board of directors. The invitation must have been received by the members at least 7 days before the meeting.
The invitation to the regular and extraordinary general meeting of members can be made in writing or by e-mail.

§9 Tasks and powers of the Executive Board
The board of directors has the task of representing the association externally, implementing decisions of the assemblies, ensuring the ongoing administration of the association, formally notifying the statutory assemblies in accordance with §8 para. 2 at least two weeks in advance of the respective date with an agenda, managing the association's assets and reporting on the individual activities. Two board members are always authorized to sign together.
The chairman of the board represents and represents the association externally in contact with authorities, companies, associations or other associations. He takes over the preparation and leadership of general assemblies and board meetings. He is responsible for the overview of all association affairs.
The Deputy Chairman represents the Chairman of the Board of Directors and oversees all personnel matters.
The secretary carries out the ongoing correspondence of the club, keeps the minutes of the member assemblies and the board meetings and has them signed, drafts invitations to member assemblies and undertakes further tasks as needed on behalf of the 1st chairman.
The cashier manages the cash register and oversees the entire financial affairs. He monitors the revenues and expenditures for their economic viability and ensures proper accounting. He is authorized to accept money and settle liabilities. The cashier also oversees the payment of monthly contributions by the members and may make applications for financing of out-of-budget services if necessary.
The accounts are checked by two auditors of the accounts, who are elected at the annual general meeting. They may not belong to the board of directors or any committee appointed by it, nor may they be employees of the association.
By resolution of the General Assembly, every member of the Board of Management for an important reason acc. §27 BGB of his office. This requires a 3/4 majority of the members present; It is immediately necessary to elect a successor. The board can also ask the question of confidence on its own initiative and then be confirmed or voted out by a simple majority. In the event of an early resignation of a board member, a successor shall be elected at the next general meeting.
The board of directors is authorized to warn the appropriate person and exclude them from the association in the event of violations of the bylaws or the resolutions of the assemblies; in the event of serious moral and/or criminal offenses, the board of directors may decide to exclude the member or terminate existing employment and service relationships with immediate effect, taking into account existing employment rights. The member must be given an opportunity to justify their actions. In addition, the board of directors is authorized to issue house bans.

§10 Election and resolution regulations
At duly convened annual general meetings (member assemblies), the members present are decision-making. Decisions of the member assemblies and the board of directors are generally made by simple majority. The transfer of voting rights from non-present club members to regular club members is possible upon presentation of a written power of attorney. The transfer of voting rights is limited to a maximum of two power of attorneys per club member.
The power of attorney shall be limited to items on the agenda for the Assembly of Members. The represented member cannot influence the content of the vote. With the granting of the power of attorney, the authorised representative can freely dispose of the right of membership assigned to him. The power of attorney to exercise voting rights also empowers the holder of the power of attorney to exercise the right of speech, request and access.
At the annual general meeting, the board of directors is re-elected for a period of two years by a simple majority of votes based on proposals. Re-election is allowed. Only members of the association may be elected to the board of directors. The board of directors remains in office until the successors are elected. The auditors are elected annually by the general assembly at the annual general meeting in advance; they must be changed annually.

§11 Financial year
The fiscal year is the calendar year from January 1 to December 31. The kindergarten year is the period from August 1 to July 31 of the current year.

§12 Amendment to the Statutes
The statutes of the Association can be amended by a majority of 2/3 of the votes of the members present in the General Assembly. The invitation to the Assembly must indicate the upcoming change, including the old and the new form.

§13 Dissolution of the Association
The association will be dissolved by a decision of the general meeting of members. A majority of 3/4 of the members present is required for this.

§14 Association assets in case of dissolution
In the event of the dissolution of the association or the discontinuation of its tax-advantaged purpose, its assets accrue to a charitable institution. This property may be provided exclusively and directly only for charitable purposes.