1 (Name and registered seat)
The association has the name „RetrieverHealth e.V.”
It was founded on March 28, 2015 and is to be registered in the register of associations at the District Court of Cologne. The club is based in Bergheim.
(Remark: the club was registered with the number VR 18548 at the District Court of Cologne at May 28, 2015)
The association only follows solely and immediately non-profit purposes in sense of the chapter “tax-privileged purposes” of the revenue code (Abgabenordnung).
Accounting year is the calendar year.
2 (Purpose of the association)
Purpose of the association is sponsorship of the health in the controlled breeding of dogs, especially of Retrievers. According to that the association sponsored the ambitions serving des fulfilment of these purposes.
The purpose of the constitution is realized especially by the accomplishment of scientific events and research projects, placing of research assignments, the sponsoring of research projects with funding’s as well as the public promotion of corresponding purposes.
3 (Selfless activity)
The activity of the association is selfless; in first line he doesn’t follows self-financing purposes. The members receive no donations from the resources of the association.
4 (Use of the funds)
The funds of the association may only be used following the articles of the association.
5 (Prohibition of favouring)
The members receive no profit shares and in her character as member also no other donation of the funds of the association. Also no person may be favoured expenditure, that are different to the purposes of the association or by disproportionate high remuneration. Retiring from the association members doesn’t have an entitlement on the funds of the association. The association officers are active unsalaried.
6 (Acquisition of membership)
Any natural or legal person can become member of the RetrieverHealth e.V. that have the readiness to promote the purposes of the association. The membership application must be made in writing. The Board decides about the membership application.
Minors require the written consent of their legal representatives. For purposes of determining the age of majority of member agencies is required. Members are entitled to vote from the age of 16. A delegation of vote is not permitted.
The Member agrees to promote the efforts of the association and comply with the conditions laid down in the articles of association, and to comply with, in particular, the decisions of the organs.
With the application of membership, in case of his admission, the applicant acknowledges to the Articles of Association; it waives claims for damages against the Association and its organs that may result from slight negligence.
With the application for membership, each member agrees that his personal data stored by Retriever Health eV, can be processed, used and related to decisions of the Executive Board or other bodies of the association or to other internal association purposes be published on the homepage of the association on the internet.
Excluded from membership, without exception, are:
- Applicants who do not meet the requirement of ordinary breeder and holder, depending on the residence in the sense of ,Fédération Cynologique Internationale’, the American Kennel Club’ or ,The Kennel Club’.
- Applicants who have been convicted for violating the Animal Welfare Act and / or the animal protection dog regulations or against the breach of the Animal Welfare Act and / or the animal protection dog regulations an investigation is pending.
- Applicants, for whom the administrative authority has a ban on keeping dogs or breeding dogs ha pronounced.
People, from whom it becomes known only after their accession, that they either already belong to the excluded group of people or have been added afterwards, subsequently must be removed after written consultation by removal from the membership.
In addition to membership in the association a non-voting associate membership is possible. The associate members support the activities of the association actively or financially. They are not entitled to vote. The aforementioned regulations for membership shall apply mutatis mutandis.
7 (Termination of membership)
Membership is terminated by resignation, expulsion, death or dissolution of the legal person.
The withdrawal is made via written declaration to a duly authorized member of the board. The written resignation must be explained by a period of one month as of the end of the fiscal year to the Board.
Exclusion can only be for an important cause. An important cause includes a destructive behaviour to the goals of the association, violating statutory duties or arrears of membership fee of at least three months. An exclusion follows the loss of all club offices. The exclusion is decided by the Board after consultation of the member.
Against the exclusion the member has the right to appeal to the General Assembly, which must be sent in writing within one month to the board. The General Assembly makes decisions at the association definitely.
8 (Membership fees)
Of the members contributions are levied. The amount of the contributions and their due dates are determined by the General Assembly.
9 (Organe des Vereins)
Bodies of the Association are
- the General Meeting
- the Board.
The General Assembly may decide to form additional association bodies e.g. such as the formation of a Scientific Advisory Board.
The members of a Scientific Advisory Board are appointed by the Board. The Scientific Advisory Board advises the Board with respect to the scientific evaluation the by the club to be funded research activities. The Scientific Advisory Board may adopt its rules of procedure.
10 (General Assembly)
The General Assembly is the supreme organ of the association, it is in principle not public. Their tasks include in particular the selection and dismissal of the Board, discharge of the Board, receiving reports of the Board, fixing of contributions and their due dates, resolution of the amendment of the constitution of the association, resolution of the dissolution of the association and other objects, as long as these are from the constitution or arising under the law.
In the first quarter of each fiscal year an ordinary General Assembly takes place.
The Board has to convene an extraordinary General Assembly, if at least one third of the members request this in writing, stating the reasons. He is even entitled to convene an extraordinary General Assembly, if a corresponding Board decision is taken about this. An extraordinary General Assembly shall meet one month after receipt of the application on written notice at the latest.
The general meeting is convened by the Board, subject to a period of one month in writing, stating the agenda. The period begins on the day following the sending of the invitation letter. The invitation letter is considered to be received by the members, if it was sent to the last known address of the association. However, for an extraordinary General Assembly the Board could invite with a period of 14 days. The remaining provisions concerning a General Assembly, however, remain in full.
The invitation is also be deemed as delivered, if it is sent electronically to an email address that the club is given by the member in advance or for which the member has communicated. Alternatively, the invitation can take place by publication on the website of the association.
The general meeting may take place either real or virtual (online method) in a members-only area, with their legitimacy and a separate data access password.
In the online process the only for the current meeting valid password is given with a separate email just prior to the meeting, at maximum 3 hours before. Sufficient is the proper dispatch of the email to the final the Board announced e-mail address of each member. Members who do not have e-mail address, get the password by mail to the last known address given to the Board. Sufficient is the proper dispatch of the letter two days before the general meeting. All members are required to make their legitimacy data and the password not accessible to third parties and to keep strictly under lock. The details for a virtual meeting must be well defined with the appropriate instructions and procedures in the invitation.
The agenda shall be supplemented, if a member requested in writing one week before the scheduled date latest. The supplement shall be published at the beginning of the Assembly.
Applications made for the dismissal of the Board, for the amendment of the constitution of the association and the dissolution of the association, who are not already submitted to the members with the invitation to the General Assembly, may be decided only at the next General Assembly.
The General Assembly has a quorum regardless of the number of members present. The General Assembly is chaired by a Board member. At the beginning of the General Assembly a secretary is to choose. A replay of the Assembly with electronic media is permitted. Each member has one vote. Voting rights may only be exercised personally.
In voting the simple majority of votes cast shall decide. Amendments and dissolution of the association can only be decided by a majority of 2/3 of the members present. Abstentions and invalid votes shall not be considered.
Even without General Assembly resolutions may be passed if the majority of the club members expressed their approval of the decision in writing and cast their vote for the attention of the Board. A unanimous vote does not have to be given. The draft resolution and a letter specifying the reasons will be sent to all members.
The written procedure must be performed by the board if it is requested in writing by a quarter of the members, stating the reasons and the specific event. In this case, the proposed resolution will be sent not later than one month after receipt by the Chairman to all members. Votes on draft resolutions in a written procedure shall be valid only if they are returned within two weeks after the sending to the Board. The limitation period is clearly to be emphasized in the letter. Decisions are made by a simple majority of members. The counting of the poll is carried out by the Board. By a written procedure all decisions can be brought which fall within the competence of the General Assembly except for the dissolution or merger of the association. A written declaration may also be given electronically, for example be submitted by e-mail. A written decision by state must be held by the Board and communicated to all members of the association.
For the decisions of the General Assembly a protocol shall be drawn up, which must be signed by the chairman and the secretary. The signature can be done by electronic signature.
The Board within the meaning of § 26 BGB consists of the 1st and 2nd chairman and the Treasurer. They represent the association judicially and extrajudicially. Each board member represents the association alone.
The Board is elected by the General Assembly for a term of two years. Until a new election the Board remains in office. If a Board member resigns during his term of office, the remaining Board may select a replacement member for the remaining term of office of the retiring member. Board members can only be members of the association. The re-election is allowed.
The Board shall take its decisions by a simple majority. Board meetings have a quorum when at least two board members are present. Decisions of the Board may also be passed in writing or by telephone. They shall be recorded and signed by the chairman. These protocols must be approved at the next meeting.
In order to promote the association’s purpose and to advise and assist the Board in carrying out its duties, the Board may set up committees or appoint an advisory board. The members of committees or the advisory board could also be non-board members.
The Board may adopt its rules of procedure.
12 (Dissolution of the association)
Upon dissolution or termination of the association or loss of tax-privileged purposes the association’s assets falls – subject to the approval of the tax authority – to the GKF (society of canine research) which has to use it directly and exclusively for charitable purposes.
(Unautohorized translation. Valid is only the German-language version)