Aktives MuseumConstitution

Constitution

§ 1 Name and Seat

The Society is listed under the name “Aktives Museum Faschismus und Widerstand in Berlin e.V.”, seat in Berlin, in the Register of Associations.

§ 2 Objects

The object of the Society is to

Provide information and education on the history of Germany, and especially Berlin, during the Nazi era and the developments in German history that enabled the National Socialists to assume power as well as the consequences and continuities after 1945. Hence the Society performs work in the field of public instruction.

In order to advance the education of the populace, and in particular the youth, the Society seeks to

  1. establish and promote an active museum dedicated to Fascism and resistance in Berlin,
  1. promote the cooperation of those active in this field
  1. promote  public information and discussion on this topic
  1. actively participate in the relevant initiatives and administrative planning.

§ 3 Charitable Nature of the Society

The Society pursues exclusively charitable purposes within the meaning of the section “tax-aided purposes” of the fiscal code. The Society works altruistically; it does not primarily pursue the viability of a public enterprise. No persons may receive preferential treatment in the form of outlays alien to the purpose of the body or disproportionately high payments.

§ 4 Financial Year

The financial year is aligned to the calendar year.

§ 5 Membership

Any natural person or corporate entity can become a member of the Society.    

§ 6 Extinction of Membership

Membership extinguishes when a member dies, resigns, is expelled or when the Society is dissolved. Notices of resignation must be submitted in writing to the Society’s Board of Management. Resignation does not entitle the former member to claim refunds on annual contributions.

Members can only be expelled for a serious cause. The Society’s Board of Management shall rule on a member’s expulsion on submission of a well-founded written petition by at least ten members. The potential expellee can raise a written objection to the ruling within one month, addressed to the Board. The objection will be presented to the general meeting of the Society, the opinion of the Board given, and a vote taken. A 2/3 majority is necessary for the ruling of the general meeting to be valid.

Membership extinguishes if members are two years in arrears with their annual contributions and fail to pay, or to request a reduction or waiver from the Society’s Board of Management, after three reminders. 

§ 7 Voting rights

Members’ voting rights are regulated as follows: Corporate entities have three votes, individuals and honorary members have one vote.

§ 8 Delegates of Member Organisations

Every corporate entity that is a member of the Society can send three delegates to the general meeting. Delegates must be appointed in writing and, insofar as the delegating organisation does not determine otherwise, for the duration of a three-year term of office of the Board. If delegates are prevented from taking part in a general meeting they can transfer their vote to another delegate from their organisation. Notification of transferral must be given to the Board in writing no later than at the start of the general meeting.

§ 9 Contributions

The annual contribution determined by the general meeting is payable at the beginning of the financial year. The Board of Management may reduce or waive the annual contribution of a member on written application. Honorary members are exempted from contributions.

§ 10 Use of Funds

The Society’s funds may only be used for purposes in conformity with the constitution. Members do not receive any grants from the Society’s funds.

§ 11 Organs

The Society’s organs are:

  1. the general meeting
  2. the Board of Management

The organ’s meetings and minutes are accessible to all members.

§12 General meeting

The general meeting of the Society takes place at least once a year. The Board of Management can convene additional general meetings. The Board of Management convenes each general meeting in writing, specifying the agenda and giving notice of two weeks. A minimum of ten percent of members can apply to the Board to convene extraordinary general meetings. Any such request must be acceded to. The Board of Management will convene the general meeting within four weeks after receiving the request. General meetings are normally public. Exceptions are resolved by the general meeting,

The general meeting has the following functions:

  1. To vote on motions,
  1. To vote on the admission of new members,
  1. To vote on the expulsion of members in compliance with the requirements stated in § 6,
  1. To appoint two auditors,
  1. To elect the members of the Board of Management and to approve the actions of the Board of Management,
  1. To vote on amendments to the constitution (resolutions to amend the constitution require a 2/3 majority vote by the members in attendance; motions to amend the constitution must be enclosed with the summons to the general meeting),
  1. To determine the volume of members’ contributions,
  1. To determine to dissolve the Society in accordance with § 14,
  1. To determine to appoint honorary members.

A protocol of each general meeting’s decisions must be drawn up and sent to all members of the Society within eight weeks. The minutes must be signed by the keeper of the minutes appointed by the general meeting and one member of the managing board.

§ 13 Board of Management

Pursuant to § 26 of the German Civil Code, the Board of Management is made up of the chairperson and two deputies. They each have individual powers of representation and represent the Society in a judicial and an extrajudicial capacity. Additional members of the managing board are the treasurer, the secretary and at least four but no more than seven associate members. In accordance with § 12, the Board of Management is responsible for convening and directing the general meetings. The Board of Management can appoint the Society’s managing director and other members of staff. Members of the Board of Management are appointed for three years. They remain in office until a new election is called. They can be re-elected.

§ 14 Dissolution

In the case of the dissolution of the Society or the lapse of tax-aided purposes, its assets fall to the share of the foundation “Topographie des Terrors - Internationales Dokumentations- und Begegnungszentrum Berlin” which must put them to use directly and exclusively for tax-aided purposes. The resolution to transfer the Society’s assets must be approved by the relevant tax office on the understanding that they will be put to use in compliance with the objects of the Society as stated in the constitution.  

Executed on 10 June 1983

Last amended on 24 November 1998

Amending entry in the Register of Associations on 22 June 1999