Constitution

Preamble

NETZ stands up for human dignity and against hunger in Bangladesh and other Asian countries. Therefore NETZ establishes ties between people and groups which contribute to overcome poverty and injustice.

Based on partnership NETZ professionally supports self help in Bangladesh – for food security, education and human rights.

Common learning and exchange of experiences are essential elements for NETZ. The association attempts to promote the dissemination of a non-violent spirit and an interreligious dialogue.

I. Name and headquarters of the association

  1. The association has the name “NETZ Partnerschaft für Entwicklung und Gerechtigkeit e.V.” (in English: NETZ Partnership for Development and Justice e.V.) and is registered at the Magistrate Court Wetzlar, Germany with the number VR 1790.

  2. The legal seat of the association is in Wetzlar, Germany.

  3. The financial year is the calendar year.

II. Goal and purpose of the association

1. The goal and purpose of NETZ Partnership for Development and Justice e.V. (short form: NETZ) is to contribute to the promotion of international solidarity and tolerance in all spheres of culture and international understanding.

2. This includes

  • to undertake actions in solidarity with poor people in Asia, particularly in Bangladesh;

  • to promote development aid and development cooperation, especially approaches of self-  help initiatives and strategies to meet basic human needs;

  • to promote education of children and adults and vocational training;

  • to promote young people;

  • to provide humanitarian aid;

  • to promote inter-religious and intercultural dialogue through exchange visits, voluntary social service for peace, educational events, publications and the provision of suitable venues for events;

  • to provide and take up impulses and orientation for the promotion of human rights issues and the development of a culture of sharing.

3. The goals of the association shall be realised in the spirit of active non-violence.

III. Non-profit character

  1. The association solely serves non-profit and charitable purposes in accordance with the section „tax-deductible purposes“ of the German Fiscal Code.

  2. The association works free from self-interest; it does not pursue individual economic purposes. 

  3. The resources of the association have to be used only for the purposes outlined in its constitution. Members will receive no monetary support from the resources of the association. Members can receive remuneration for contractually agreed services in accordance with the charitable character of the association. By approval of the Annual General Meeting the association can pay allowances to members of the Executive Committee and other bodies and those who hold special functions in accordance to § 3 Paragraph 26a German Income Tax Act (Honorary Post Allowance) up to the maximum amount mentioned there.

  4. No individual can be benefited through expenditures, which do not conform to the constitution, or through disproportionately high remunerations.

IV. Membership

  1. Any natural or judicial person can become a member.

  2. The membership is acquired through written application and subsequent approval through the Executive Committee. In case of rejection of an application by the Executive Committee the applicant can appeal against the decision for the duration of four weeks after disclosure of the decision of the Executive Committee. In this case the General Meeting decides on the application.

  3. The membership is inactive during an employment by NETZ.

    • by death;
    • by a written resignation;
    • by expulsion

4. A disqualification requires a resolution of the Executive Committee after a hearing with the member, and if the member appeals, the Annual General Meeting needs to confirm that.

5. The written resignation needs to be addressed to the Executive Committee and will be effected with a notice period of 3 months up to the end of a calender year.

6. An expulsion requires a resolution of the Executive Committee after a hearing of the member and in case the member appeals against this decision the approval of the General Meeting.

V. Funds of the association

In order to pursue its goals the association raises its funds through membership fees, which are fixed by the General Meeting, and through donations and grants.

VI. General Meeting

1. An ordinary General Meeting of the members of association takes place once a year, called Annual General Meeting.

2. An extraordinary General Meeting can be called by the Chairperson of the Executive Committee if necessary according to the interests of the association or if at least 1/10 of the members of the association request for such a meeting with a written justification.

3. The General Meeting is convened in written form including the agenda by the Chairperson of the Executive Committee and presided by her/ him. The invitation is sent by postal service to the last to the Executive Committee known address of the members and must be sent latest two weeks in advance of the proposed date of the meeting.

4. In particular the General Meeting is authorised:

  • to elect the Executive Committee;
  • to elect one or two voluntary auditors, who are not members of the Executive Committee;
  • to elect honorary members;
  • to approve the annual reports of the Executive Committee and its members;
  • to elect an independent chartered accountant to audit the annual financial statement;
  • to discharge the Executive Committee;
  • to fix membership fees;
  • to change the constitution and to dissolve the association.

5. The General Meeting decides by simple majority vote of the members present. Abstentions do not count as votes cast. In case of a tie in the voting the vote of the Chairperson decides.

 6. A 2/3 majority of the members present is required for changes of articles of the constitution or the dissolution of the association.

7. Resolutions of the General Meeting shall be documented in written form, which shall be signed by the minute keeper and the chairperson.

VII. Executive Committee

  1. The Executive Committee consists of at least four and maximum seven persons (the Chairperson, up to two Vice-Chairpersons and up to five members). One member of the Executive Committee is responsible for finances. To decide on further responsibilities is incumbent to the Executive Committee.

  2. The Chairperson and the Vice-Chairperson/s are entitled to represent, each for her- or himself, the association in judicial and non-judicial matters (§ 26 German Civil Code).

  3. The tenure of the Executive Committee is two years. If a member resigns earlier, the Executive Committee is authorised to replace her/ him by co-opting until the next General Meeting. If the Chairperson or a Vice-Chairperson resigns earlier, the other members have to elect a successor from the group of the remaining Executive Committee members. The election needs to be confirmed at the next General Meeting.

  4. The Executive Committee administers the resources of the association and decides on the annual budget as well as on expenditures in accordance with the constitution and the annual budget. It can delegate the day-to-day administration to one or two Executive Director/s.

  5. The Chairperson convenes meetings of the Executive Committee in accordance to the requirements of the association.

  6. The Executive Committee determines its own rules of procedures, including a regulation for the processes of decision-making.

  7. The Executive Committee can provide a representation authority to a member of the Executive Board.

VIII. Representation in Bangladesh

The Executive Committee is authorised to appoint a natural person or an organisation in Bangladesh to execute matters of the association. The assignment includes quality monitoring and finance management of projects, cooperation with partner organisations, communication with other actors in the development sector in Bangladesh and coordination of exchange visits from Germany. This assignment has to be provided in written form by the Executive Board of the association.

IX. Dissolution of the Association

  1. The association can only be dissolved by a General Meeting convened solely for this purpose with a 2/3 majority of the valid votes cast.

  2. In case of dissolution of the association or loss of tax deductible purposes, the funds of the association are to be passed on to:

Bischöfliches Hilfswerk
MISEREOR e.V.
Mozartstr. 9
52064 Aachen, Germany

with the obligation to use these funds for the promotion of self-help projects in Bangladesh.

The constitution was accepted at the Foundation General Meeting on 3 December 1989.
Last amendment to the constitution: Approved by the Annual General Meeting on 24 May 2014.