Statutes of the association
ADABU FOUNDATION
with headquarters in Hamburg
Preamble
Music is a universal language that crosses social, ethnic and health boundaries and allows people of different backgrounds to communicate. Declared goal of the Adabu Foundation is to promote this communication, to break down prejudices, to initiate processes of cultural education and provide solidary and financial support to improve the lives of older people, especially elderly musicians.
§1 Name, seat, financial year
(1) The name of the association shall be Adabu Foundation. It shall be registered in Hamburg.
(2) The association has its headquarters in Hamburg.
(3) The financial year of the association is the calendar year.
§2 Objectives
(1) The objectives of the association are as follows:
a. to provide assistance to people in need
b. the support of international children, youth and elderly community work
c. the promotion of art and culture
(2) Difficulties caused by old age, illness, poverty and loneliness are to be overcome by assistance to give the affected people the opportunity to participate actively in community life.
(3) These aims are achieved by its members, who act as supporting persons. In so doing, they are liable to the directives of the association.
(4) The association aims to be a platform for people engaged in the cultural sector. It will develop individual measures of promotion for different forms of arts and culture.
(5) The association is politically neutral and not tied to any religious belief.
(6) The association’s objectives are particularly realized by:
- providing visits and escorts for people in need of help, providing assistance in housekeeping and repairs during sickness or recovery, providing financial support as well as health preventive or therapeutic measures to people in need of help, improve the quality of their lives as well as taking measures to ensure their emotional and mental health
- organizing information- and training-events for the young and the old, promote mutual assistance and provide rooms for abidance and encounter which also offer meals
- initiate artistic projects, create the infrastructure needed for their implementation (e.g. provide rooms, computers, telephones, internet access, materials etc.) as well as promoting the public presentation of the results of these projects (e.g. through exhibitions, readings, performances or concerts).
§3 Non-profit
(1) The association pursues exclusively and directly charitable and benevolent objectives.
(2) The association does not pursue its own economic purposes.
(3) The financial means of the association may only be used for statutory purposes. The members do not receive payments from the association. However, members may be reimbursed for expenditures incurred in connection with assuring the association’s objectives.
(4) No person may be favoured by expenditures that run against the purpose of the association, or by receiving disproportionately high remunerations.
§4 Members
(1) Any person who is 18 years and older is eligible to become a member of the association. The application for membership has to be presented in written form.
(2) The admission of new members is decided by the managing board.
(3) In case the membership application is refused, the applicant may appeal against the decision of the managing board during the next Annual General Meeting; this will decide finally.
§5 Resignation and expulsion of members
(1) The membership ends with resignation, expulsion, death or dissolution of the legal entity.
(2) A member may resign by giving written notice to a member of the managing board. The notice period is four weeks to month’s end.
(3) A member may be expelled from the association if it violates the interests of the
association. The managing board decides on the expulsion. The member has the right to appeal to the Annual General Meeting, which will decide on the case finally.
§6 Membership Fees
(1) The amount and due date of membership fees and contributions are determined by the Annual General Meeting.
(2) The managing board may excuse members from charges, fees and contributions partially or completely.
§7 Board
(1) The managing board consists of at least two members. They represent the association judicially and extra-judicially. Each member of the managing board is authorized to represent the association alone.
(2) Only members of the association may become board members. Upon termination of the membership of the association, the office as board member ends as well.
(3) The managing board is elected by the Annual General Meeting for a period of two years; it however remains in office after the expiry of this term until new elections are held.
(4) Re-election is permitted.
(5) The management board may be remunerated for their activities.
§8 Cash Auditor
(1) The General Assembly elects a cash auditor for a period of one year. He or she must not be a member of the management board.
(2) The cash auditor may be re-elected.
$9 Annual General Meetings
(1) The Annual General Meeting is the supreme organ of the association. Its tasks include the election of the management board, the reception of the yearly and financial reports, election of the cash auditor, determination of contributions and their due dates, resolution on the budget, adoption of changes to the statutes, resolution on the dissolution of the association, decision on admission and exclusion of members in appeal cases and other tasks as prescribed by the statute or by law.
(2) The Annual General Meeting is held once a year.
(3) The Annual General Meetings shall be convened by one of the members of the managing board. In so doing, the agenda as determined by the managing board has to be attached. The notice period is four weeks.
(4) The board is to convene an extraordinary general meeting committed if at least one third of the members so request in writing, stating the reasons.
(5) The General Meeting shall be quorate without regard to the number of members present.
(6) The Annual General Meeting is chaired by one of the managing board members. At the beginning of the General Meeting, a secretary must be elected.
(7) Each member has one vote in the General Meeting. Another member may be authorized in written form to exercise the right to vote.
(8) The General Meeting shall pass resolutions by a simple majority of the members present.
(9) Amendments to the statutes and the dissolution of the association can only be decided by a majority of 2/3 of the members present. Abstentions and invalid votes are not considered.
(10) Resolutions must be recorded in a protocol indicating the results of the votes as well as place and time of the General Meeting. The protocol shall be signed by an elected secretary.
§10 Dissolution of the Association
(1) Upon dissolution or termination of the association or loss of its tax-privileged purpose, the association’s assets falls to the Help Jamaica Foundation, which ensures the use of any remaining assets for exclusively charitable purposes according to this statute. Decisions on the future use of the association’s assets may only be taken after the approval of the tax authorities.
§11 Legal Validity
(1) This Statute shall take effect with the entry into the register.
The above statutes were established on July 3rd, 2016.