“Gesundheit und Bildung für afghanische Kinder“ e.V. (Health and Education for Afghan children) – registered at the Local Court in Düsseldorf /Sheet VR 10402
„Amyal – Gesundheit und Bildung für afghanische Kinder“ e.V.
(hereinafter Amyal) is intended to be a stricly humanitarian aid organization with the objective to provide sustainable support in order to enhance life circumstances of Afghan children.
Amyal does not pursue any regligious or political interests but stands for unconditional help and international understanding.
Amyal is a non-governmental organization (NGO) and works independently from other organizations.
§1 Name, Registered Office and Financial Year
The name of the association is „Amyal – Gesundheit und Bildung für afghanische Kinder“
The association has its registered office in Duesseldorf.
It shall be entered into the Association Register; after registration the association shall use the addendum “e.V.” (english translation: registered association).
The fiscal year corresponds to the calendar year.
§2 Purpose of the association
The Association acts altruistically and does not pursue activities solely for its own economic advantage. The members shall not receive any allocations from the society’s funds; they work on an honorary basis.
The purpose of the association shall be to foster public health, youth welfare, education of children, national education and professional training.
The association provides humanitary assistance to Afghan children and young adults in the areas of medicine, education and sustainable and lasting care, especially in the home country, but also in Germany.
The association’s purpose is realized through:
a) medical examination and treatment of Afghan children both in their home country and in Germany,
b) the continuing care of the children in their home country
c) enabling both school and professional education
d) medical supervision of treatment results
e) support and implementation of school and care projects
f) establishment of a residential home (boarding school ) for the accomodation of needy children and young adults, who do not have a possibility to attend school at their place of residence
g) establishment of an orthopaedic workshop for the prosthetic restoration of children after limb amputation
h) training and education of Afghan young adults both in the workshop in Kabul and in Germany
i) invitation of children to attend schools in Germany during the school vacation in Afghanistan (due to the security situation a student exchange is currently not possible)
j) support of schools for underpriviliged children (donation of school materials),
k) particular attention shall be devoted to sustainable assistance. This shall be achieved through the control of school performance, the contact with schools and training centers, and the establishment of outpatient clinics (e.g. emergency room and heart emergency)
l) Procurement of the necessary funds for the realization of these tasks.
Furthermore the association promotes the education and formation of Afghan medical doctors, provides medical instruments for Afghan clinics and doctors and other medical devices and medical aid products.
The association’s dedication is to promote inter-cultural understanding. For the association, inter-cultural understanding is to raise the awareness of the German population of the medical conditions in Afghanistan, and to promote the knowledge transfer of medical and technical advances of the Western world to Afghanistan.
The relevance of preventive medicine in the sense of enhancing hygienic conditions in medical institutions and in domestic settings shall be demonstrated through presentations and one-on-one talks in clinics.
In addition to that, the importance of vaccinations as prophylaxis against infectious diseases, also by demonstrating actual vaccinations, shall be made entirely clear and emphatic.
It is another aim of the association to raise the awareness of the Afghan population with regard to the importance of a school education and the hands-on preparation of children and young adults for the requirements of the working life. By means of the German vocational training system (aprrenticeship, trainees) it shall be made understandable, that an in-job training e.g. in the technical field has to be accompanied by a corresponding theoretical training. In order to realize that aim, German professionals such as orthopaedic technicians and electricians shall be brought to Kabul. Furthermore, Afghan young adults shall be brought to Germany for a limited time (6 to 12 months).
The German population shall be made aware of the keen interest and learning ability of Afghan children and young adults through presentations and film screenings.
The children shall be installed in a school in Kabul, where „German“ is tought as the first foreign language (Amani-School). The aim is to acquaint Afghan children and young adults with German culture and literature without neglecting the Afghan culture. Furthermore the children and young adults shall be instructed in the computer and internet system.
The medical aims of the association are realized in particular through the dispatch of medical specialists and care and support staff for the examination and the treatment of children. In case there is no possibility to treat the children locally, an effort is made to treat the children in Germany.
After successful treatment a sustainable after-treatment in Afghanistan has to be ensured.
§3 Non-profit status
The association shall exclusively and directly uphold public interest in the sense of the section „tax-privileged purposes“ according to the current version of the German tax code. In particular, § 52 sect. 2 No. 3, and No. 4 and 7 AO (tax code) are pursued.
The association is non-profit; it does not primarily pursue economic purposes of its own.
The association funds may be used only for statutable purposes. There will be no distribution of profits to members of the association or to third parties. The members shall not receive any allocations from the society’s funds.
No individual may be favoured by way of disproportionally high remunerations or expenses foreign to the foundation’s purpose.
The reimbursement of expenses shall be regulated according to Germany’s Federal Travel Costs Law unless other legal regulations apply.
Assets transferred to the association shall not be reimbursed when a member leaves the association or in the event that the association is dissolved.
The association’s purpose may be modified only if the future purpose is entirely non-profit in accordance with §3 sect. 1.
§4 Acquisition of membership, fees
Members of the association can become all natural persons having attained the age of eighteen as well as legal persons, willing to provide non-monetary or material support to the aims and purposes of the association as under §2. The number of members is unlimited.
The prerequisite for obtaining membership is a written application for membership. The executive committee decides upon the admission of new members. A complaint can be made against the refusal of acceptance, which does not require any justification; the next Members Assembly will pass judgement on the complaint.
The members will be charged fees, the amount of which shall be determined by the Members Assembly. In the foundation year the member fee is 50.00 Euros per year.
The fee falls due within four weeks after the acceptance of a member and subsequently in the first quarter of a fiscal year.
§5 End of membership
Membership of the Association ceases with resignation, exclusion or death, (for legal persons on losing their legal status).
Resignation of membership is only possible at the end of a year (31 december). Cancellation of membership is made via written declaration vis-a-vis an executive committee with sole representation right, subject to a one-month notice period as of the end of the year.
An expulsion of a member can be effected for good cause only. Good cause shall be deemed in particular misconduct that injures the association’s purpose, the breach of obligations under the rules of the association, contributions in arrears for more than one year and misconduct within the meaning of the Penal Code.
The executive committee decides on the expulsion.
An appeal to the executive committee against the expulsion is permissible and has to be directed to the committee in writing within one month.
The Members Assembly takes a final decision by simple majority vote within the framework of the association. The member has the possibility of instigating legal proceedings with regard to the expulsion. Recourse to the courts has suspensive effect until the judicial decision has become final.
§6 Bodies of the association
The bodies of the association are
a) the Members Assembly
b) the executive committee
§7 The Members Assembly
The Members’s Assembly includes all members; each member shall have a single vote. In case of votes or elections a member may only transfer one vote to another member in writing.
An ordinary members’s assembly shall take place once every business year.
The Members Assembly shall be convened by the executive committee, with details of the agenda being given. At least 2 weeks notice must be given when calling this Members Assembly. The period begins with day following the sending of the invitation letter, postmarked no later than the closing date for registration. The invitation is considered to be received by the member, if the invitation has been dispatched to the latest address stated by the member in writing.
In special situations, especially if the interests of the association demand so, an extraordinary annual meeting may be called in. If at least one third (1/3) of the members apply for it in writing, the executive committee shall convene an extraordinary meeting within two weeks. The application of the members should state the desired items on the agenda.
The Members Assembly is resolutionable, if it was duly called up and at least the majority of all members is present or represented by members present.
The Group shall elect a chairman from among its members.
Decisions are passed by a show of hands by single majority of votes provided that the assembly does not decide something else.
In the event of a tied vote, a motion shall be regarded as rejected.
In derogation of Sect. 7.4 amendments of the articles of association and the termination of the association require at least the majority of the votes.
The decisions of the Members’ Assembly shall be recorded as minutes and signed by the Chairperson and the person taking the minutes.
A copy of the minutes shall be distributed to the members.
In individual cases a resolution may also be passed in writing (§32 sect. 2 DGB). The executive committee shall inform all members in writing of the resolution with proof of receipt and require them to either pratice their right to vote or to inform them of their consent regarding the resolution in writing within one week of receipt.
Written votes may only be used, if at least half of the total number of members (in case of amendments to the Articles of Association three-quarters of the members) give their consent resp. exercise their vote.
If a response is issued by vote or by mere announcement of the consent and does not constitute the necessary majority, this writtten vote is inadmissable and the executive committee shall have to convene a members meeting with regard to the pending resolution.
The result has to be distributed to all members within one week by the chairman.
§8 Duties of the Members Assembly
The Members Assembly as decision-making body is responsible for all taks, unless they have been explicitly transferred to another member pursuant to the Articles of Association.
The Members Assembly selects the members of the executive committee among themselves. Those persons shall be elected who receive the highest number of votes.
The election shall be held by secret vote or by a show of hands; this has to be agreed upon beforehand.
The Members Assembly may vote members of the executive committee out of power. For this purpose the majority of the votes of all members is required.
The Members Assembly can decide about objections raised by members, who are to be expelled by a executive committee resolution.
The Members Assembly shall approve the annual report of the executive committee and the audit report of the cash auditor.
The Members Assembly decides on the budget of the association to be presented by the executive committee on an annual basis.
The Members Assembly decides on amendments to the statutes and the decision to dissolve the foundation.
In particular the Members Assembly shall receive the annual settlement and the adoption of the resolution regarding the approval of actions of the executive committee in writing.
Furthermore the Members Assembly decides over following matters:
additional tasks of the association
amendments to the statutes
Exemption from fees for particular members
Purchase and sale of association’s assets
Encumbrance of association’s assets and real estate
investment in companies
Taking out loans of 10 000,00 EUR and up
Authorization of all rules of procedure
dissolution of the association
further issues upon presentation by the executive committee
§9 Executive Committee
The executive committee consists of the Chairman and the Vice Chairman, the Treasurer and two more persons.
The executive committee must include at least one medical doctor as contact for medical questions. He constitutes the Medical executive committee of the Association.
The term of office is two years. Only members of the Association can be nominated and elected as members of the executive committee. Re-election is permitted. The executive committee members shall remain in office after the expiry of their term in office, until their followers have been elected.
All executive committee members shall be elected by the Members Assembly in a separate ballot.
The executive committee shall decide over all association matters, unless they require a resolution passed by the Members Assembly. The executive committee implements the decicions of the Members Assembly.
An executive committee meeting shall be held when requested by at least one executive committee member upon consultation with other executive committee members or/and upon invitation by the Chairman in writing, keeping a term of invitation of at least 10 days.
Generally, it is possible to hold an executive committee meeting via telecommunication (teleconference).
The executive committee shall be quorate with a presence of the majority of executive committee members. Decisions are passed by single majority of votes. In the event of a tied vote, a motion shall be regarded as rejected. For urgent cases resolutions of the executive committee can be taken by postal or telephone vote, if all executive committee members state their agreemente in writing or by telephone. Resolutions taken by postal or telephone vote shall be recorded in writing and are to be signed by the executive committee.
The association shall be represented in court and out of court by the Chairman and the Vice Chairman, whereas each of them has sole representation right.
Accounts can only be accessed by the Chairman, the Vice Chairman or the Treasurer.
The executive committee can appoint by resolution as special representative according to §30 BGB (German Civil Code) a full time Executive Director who shall conduct the day-to-day business of the association. Where full-time association employees have been appointed the Executive Director shall be their superior.
The executive committee shall have the sole capacity to decide on employment contracts, terminations and the treatment of association members.
The full time Executive Director shall be present at a Members Assembly. He may attend executive committee meetings and he is even obliged to attend if the executive committee requires him to do so. He shall have a right of speech in all meetings and is accountable to the executive bodies of the association.
Changes to the statutes which are due to formal demands by regulatory, judicial, or revenue authorities may be taken by the executive committee alone. These amendments shall be communicated to the next Members Assembly.
§10 Cash Audit
The cash audit is carried out continously by a person to be designated on behalf of the Members Assembly (cash auditor). The cash auditor shall report at least once a year to the executive committee and to all members at the Members Assembly.
§11 Financing of the association, dissolution
The financing of the association can be done with financial or material resources. This includes membership contributions, donations, subsidies from public or private institutes and operators or donations of third parties.
Membership contributions shall be levied in accordance with a resolution of the Members Assembly.
A simple majority of all present eligible votes in a Members Assembly shall be required for the establishment of the level and the due date of the contributions.
In the case of dissolution and/or abolition of the association or with omission of tax-privileged purposes the fortune of the association goes to the Federal Republic of Germany (Ministry of Health), which must use these assets directly and exclusively for non-profit-making, charitable or ecclesiastical purposes.
The statutes shall take effect upon being entered in the Register of Associations