Article 1 – (Name and Registered Office)
The name of the Association shall be “Sharing the Presence”. It shall be entered in the register of associations and then be tagged by the addition “e. V.” [registered association].
The Association shall have its registered office at Wardenburg, Germany.
Article 2 – (Business Year)
The business year shall be the calendar year.
Article 3 (Purpose of the Association)
- The Association shall solely and directly pursue charitable purposes in terms of the Section “Tax-advantaged Purposes” of the German General Tax Code [AO].
- The promotion of science and research.
- The promotion of general and national education and vocational training, including without being limited to the promotion of understanding and acceptance of the liberal state under the rule of law, of awareness of the political and societal responsibility of the individual, and the transfer of skills and experiences that go to facilitate the assuming of any such responsibility.
- The promotion of an international attitude and tolerance in all spheres of culture and the thought of understanding among nations, including without being limited to the promotion of a peaceful and respectful coexistence.
- The promotion of civil commitment in order to further non-profit and charitable purposes.
- The purpose of the Association shall be specifically achieved by the following:
- Concerning item 1: Organising and supporting scientific events and research projects in the fields of communication, trauma management, conflict management, meditation, consciousness research and brain research.
- Concerning item 1: Organising, supporting and scientifically evaluating globally networked meditations in order to further an awareness shared by a maximum number of individuals regardless of nationality, race, standing and religion.
- Concerning item 1: Documenting and publishing of research results from the aforementioned fields.
- Concerning item 2: Organising meetings, trips, symposia, festivals, lectures and seminars highlighting the importance of presence, compassion, communication, awareness and independent action.
- Concerning item 2: Promoting the spiritual growth and development of awareness through seminars, symposia, meetings, festivals and conventions. By spiritual growth we understand for instance the development of a joint awareness of the global and individual crises of our time. By meditation and linked communication, new solution approaches for overcoming the said crises (such as climate crisis, awareness crisis, financial crisis, etc.) may be developed.
- Concerning item 2: Organising interdisciplinary symposia, meetings and conventions dealing with issues of a regional and globally ecological, social, inclusive and sustainable economy.
- Concerning item 2: Acquiring or leasing land, buildings and premises in order to create community centres, in which the practical solution of interpersonal conflicts is tried out and lived by personal presence and sincere communication.
- Concerning item 3: Organising encounters of youths and adults at home and abroad, for instance in Findhorn, Scotland, England, Switzerland, Israel, Palestine and Germany, and others.
- Concerning item 3: Organising events at home and abroad that are apt to promote understanding among nations, for instance by events of reconciliation and integration between Jewish Israelis and Germans. These should focus on coming to terms with traumas sating back to the Nazi period.
- Concerning item 3: Organising international, interdisciplinary, interreligious and interdenominational events aiming at the promotion of mutual understanding and thus contributing to the understanding among nations and to the solution of global crises.
- Concerning item 4: Initiating and supporting public utility projects in the Third World, such as “Hands with Hands”, “Peace Direct”, and others.
- Concerning item 4: Organising and staging cultural and music events related to meditation serving purposes of experiencing common awareness and solidarity.
- Concerning item 4: Sharing funds of the Association with bodies of public utilities committed to charitable purposes all over the world or pursuing purposes similar to those of the Association, including without being limited to the raising of funds by donations for setting up a “Sharing the Presence” foundation.
- Concerning item 4: Building networks and communities for disseminating the purposes of the Association.
- Concerning item 4: Cooperating with organisations, associations and institutions pursuing objectives that are similar to those pursued by the “Sharing the Presence” Association.
Article 4 – (Disinterested Activity)
The Association’s activity shall be disinterested; it shall not primarily pursue its own economic purposes.
Article 5 – (Use of Funds)
The Association’s funds may only be used for purposes in keeping with the Articles of Association. Members in their capacity as members of the Association shall not receive any consideration out of the Association’s funds.
Article 6 – (No Undue Benefits)
No person shall benefit from any expenses other than in line with the purpose of the body or from any disproportionately high considerations.
Article 7 – (Acquisition of Membership)
Any physical person or legal entity shall be eligible to become a member of the Association. The application for admission must be submitted in writing. The decision on the application for admission shall be made by the Executive Board. If the application is turned down, which may be done without stating any reasons, the applicant shall have the right to appeal to the Members’ Meeting, which shall then make a final and binding decision.
Article 8 – (Termination of Membership)
Membership shall come to an end by withdrawal, expulsion, death or dissolution of the legal entity. A withdrawal must be declared in writing to any member of the Executive Board authorised to represent. The written declaration of withdrawal must be addressed and sent to the Executive Board with one month’s notice and shall take effect as of the end of the relevant business year.
No decision of expulsion shall be made other than for cause. Cause in terms hereof shall include without being limited to any conduct that is detrimental to the objectives of the Association, failure to meet any of the obligations as provided under the Articles of Association or contribution arrears exceeding one year. Any decision of expulsion shall be made by the Executive Board. Against exclusion, the member concerned may submit an appeal to the Members’ Meeting, to be addressed in writing to the Executive Board within one month. On the Association level, the Members’ Meeting’s decision shall be final and binding. The member may have the action review by reference to any ordinary court. Reference to any ordinary court shall have a suspensory effect until such time as the court decision becomes final.
Article 9 – (Contributions)
There shall be no contributions for members.
Article 10 – (Organs of the Association)
The organs of the Association shall be
the Members’ Meeting
the Executive Board.
Article 11 – (Members’ Meeting)
The Members’ Meeting shall be the supreme organ of the Association. Its functions shall include without being limited to electing and dismissing the Executive Board, discharging the Executive Board, receiving the reports of the Executive Board, election of the cash auditors, determination of contributions and their due date, adopting resolutions as to amendment of the Articles of Association, adopting resolutions as to dissolution of the Association, decision on the admission and expulsion of members in cases of appeal as well as further tasks if any such tasks arise under the Articles of Association or by law.
An ordinary Members’ Meeting shall be called one every year. The Executive Board shall be bound to call an extraordinary Members’ Meeting if at least one third of all members request it to do so in writing stating their reasons.
The Executive Board shall call a Members’ Meeting by letter of convocation with at least one week’s notice accompanied by the agenda. The time limit shall be deemed to commence as of the day following the date of sending the letter of convocation. The letter of convocation shall be deemed to have been received by the members if sent to the last address known to the Association. The agenda shall be amended if requested in writing by any member by no later than one week prior to the date fixed for the meeting. Any such amendment shall be notified at the beginning of the meeting.
Any motions for dismissal of the Executive Board, for amendment of the Articles of Association and for dissolution of the Association not already received by the members with the letter of convocation of the Members’ Meeting may only be resolved upon at the following Members’ Meeting.
The Members’ Meeting shall have a quorum regardless of the number of the members present. The Members’ Meeting shall be chaired by a member of the Executive Board. At the beginning of a Members’ Meeting, a secretary shall be elected. Each member shall have one vote. The right to vote may only be exercised in person. Any voting shall be decided by simple majority of all votes cast. Amendments of the Articles of Association and the dissolution of the Association may only be voted with a majority of two thirds of all members present. Abstentions and invalid votes shall not be taken into account.
All Members’ Meeting’s resolutions shall be recorded in minutes to be signed by the chairman of the meeting and the secretary.
Article 12 – (Executive Board)
The Executive Board in terms of Section 26 of the German Civil Code [BGB] shall be made up by up to five persons, one of which shall be the chairperson. These persons shall represent the Association in court and out of court. Each member of the Executive Board shall have the power of sole representation.
Members of the Executive Board may be paid a reasonable compensation or an overall remuneration for their service. The Executive Board may appoint or employ an Association Manager, whose service may be reasonably compensated. The Executive Board shall make its own rules of procedure.
The Executive Board shall be elected by the Members’ Meeting for a period of two years. Only members of the Association shall be eligible to be elected as members of the Executive Board. Re-election shall be admissible. The Executive Board shall remain in office until such time as a new Executive Board has been elected. Termination of membership of the Association shall also terminate the position as member of the Executive Board.
Article 13 – (Cash Audit)
The Members’ Meeting shall elect a cash auditor for a period of one year. The cash auditor may not be a member of the Executive Board. Re-election shall be admissible.
Article 14 – (Dissolution of the Association)
Upon dissolution or breakup of the Association or in case any of the tax-advantaged purposes should cease to exist, the Association’s assets shall go to a legal entity under public law or any other tax-advantaged body to be used for research and science.
We warrant that these Articles are correct and complete in compliance with Section 71 subsection 1 clause 4 of the German Civil Code [BGB].
Berlin, July 21, 2010
Thomas Hübl, Ute Kostanjevec
The preceding Articles of Association were amended by resolution dated December 30, 2014.