Articles of Association of the Citizens' Will Alliance e.V.
§ 1 Name, Registered Office, Registration, Financial Year
(1) The association is called “Citizens' Will Alliance”. It shall be entered in the register of associations. After registration, the association shall use the legal form designation “.e.V.” in its name.
(2) Its registered office is in 53474 Ahrweiler.

(3) The financial year of the association is the calendar year.
§ 2 Purpose of the Association
(1) The corporation based in Ahrweiler pursues exclusively and directly non-profit purposes in the sense of the section “Tax-privileged Purposes” of the Tax Code.
(2) The purpose of the corporation is

a) the general promotion of democratic governance;
b) the promotion of public education.
c) the promotion of civic engagement for charitable purposes;
(3) The purpose of the articles of association is particularly realized by a) providing information on causes and consequences of important societal developments (e.g., public debt and the design of the Euro currency system), for instance, on the association's website, through a newsletter system, or through educational, informational, and discussion events. b) explaining economic contexts in an easily understandable manner, for example, on the association's website, through a newsletter system, or through educational, informational, and discussion events. c) Utilizing and developing the newly emerged opportunities of the internet as a medium for political discussion and participation (promotion of civic engagement). d) Providing instruments (petitions, email actions, advertisements, etc.) for the participation of citizens in political decision-making processes (promotion of democratic governance). e) Conducting, expert support, and funding of judicial and extrajudicial procedures aimed against violations of fundamental and human rights or against democracy-endangering tendencies, for example, through constitutional complaints.
(4) The association is politically neutral.
§ 3 Selflessness
(1) The corporation acts selflessly; it does not primarily pursue its own economic purposes.
§ 4 Use of Funds
Funds of the corporation may only be used for the purposes specified in the articles of association. The members receive no benefits from the funds of the corporation.
§ 5 Exclusion of Benefits
No person may be favored by expenditures that are unrelated to the purpose of the corporation or by disproportionately high remuneration.
§ 6 Reimbursement of Expenses
The association shall reimburse expenses according to § 670 of the German Civil Code (BGB) only if the reimbursement was requested from the treasurer before the occurrence of the expenses and this has been approved. For amounts exceeding 1,000 euros, a board resolution is necessary to approve the application.
§ 7 Membership

§ 7.1 Admission of Members
(1) Any adult natural or legal person who supports its goals, unreservedly affirms the free democratic basic order of the Federal Republic of Germany, and does not belong to or has not belonged to any right-wing extremist, left-wing extremist, or anti-foreigner organization or party can become a member of the association.
(2) The board decides on the written application for admission to the association.
(3) The rejection by the board is not subject to appeal.

(4) There is no right to admission.
§ 7.2 Membership Fees
(1) Members pay contributions according to a resolution of the general assembly. The general assembly determines the amount and due date of the contributions.
(2) The board may waive or defer membership fees partially or entirely in appropriate cases.
§ 7.3 Termination of Membership
Membership ends upon withdrawal or exclusion.
§ 7.3.1 Termination of Membership by Withdrawal
(1) A member may withdraw at any time with immediate effect.
(2) This is done through a written declaration addressed to the association or in text form via email.
(3) Upon withdrawal, members may not reclaim any loans given. The agreed loan conditions remain valid.
(4) There is no compensation for contributions of in-kind assets.
§ 7.3.2 Termination of Membership by Exclusion
(1) The exclusion is decided by the board with a two-thirds majority.
(2) The affected person must be given the opportunity for a hearing beforehand.

(3) The exclusion takes effect immediately.
(4) The reason for exclusion must be communicated to the member in writing.

(5) A reason for exclusion exists particularly if:
a) the member has significantly violated or repeatedly violates the goals or interests of the association, b) the member is in default of contribution payments for 3 months.

(6) Serious violations against the goals and interests of the association also include
a) membership in a right-wing extremist, left-wing extremist, or anti-foreigner organization or party or promoting such. b) Public statements directed against the free democratic basic order of the Federal Republic of Germany or against the fundamental rights enshrined in Articles 1 to 19 of the Basic Law. c) Criminal acts as defined by the Criminal Code.
(7) The member may appeal against the exclusion decision. The appeal must be filed in writing with the board within two months of receiving the decision and sent by registered mail.
(8) If the board rejects the appeal, the next regular general assembly shall decide conclusively on the exclusion. For this purpose, the board may also convene an extraordinary general assembly.
§ 8 Organs of the Association
(1) The organs of the association are the general assembly and the board.

(2) Additionally, advisory boards may be appointed, and special representatives may be appointed.
§ 9 Rules of Procedure
(1) Each organ of the association may establish rules of procedure for its area of responsibility.

(2) In particular, the board may allocate departments/tasks among the board members in its rules of procedure.
§ 10 Documentation of Resolutions
(1) The resolutions made in board meetings and general assemblies must be recorded in writing and signed by the minute-taker.
(2) The board must approve the protocol by a majority in the next meeting.

(3) Approval can also be obtained in a circulation procedure and in text form via email.
§ 11 General Assembly
§ 11.1 Convening the General Assembly
(1) The general assembly shall be convened by the board at least once a year.
(2) An extraordinary general assembly must be convened if the interests of the association require it or if 30 percent of the members of the association demand it in writing or in text form via email, indicating the purpose and reasons.
(3) The invitation must be sent with a notice period of at least two weeks. The period begins with the first working day after the dispatch of the invitation letter.
(4) The invitation is made in writing or in text form via email. The agenda set by the board must be communicated.
(5) The invitation is considered received by the member if it is sent to the last address or email address provided to the association.
(6) Any member may request the addition of items to the agenda up to one week before the general assembly in writing or in text form via email to the board.
§ 11.2 Chairing the Meeting The chairperson, in the event of their absence, a deputy, shall chair the meeting and appoint the minute-taker.
§ 11.3 Responsibilities of the General Assembly
(1) The responsibilities of the general assembly are particularly: a) Receiving the annual report from the board b) Appointing auditors, receiving the audit report c) Electing and discharging the board d) Determining the amount and due date of membership fees e) Deciding on amendments to the articles of association f) Deciding on the dissolution of the association
§ 11.4 Quorum, Voting Rights, and Decision-Making
(1) Any properly convened general assembly is recognized as quorate regardless of the number of members present.
(2) Voting by proxy is not permitted.
(3) Each member has one vote. Natural persons who are members and simultaneously act as representatives of a legal entity may exercise only one vote in the general assembly.
(4) Newly admitted members are only entitled to vote if they were members at the time of dispatch of the invitation to the general assembly and had already paid their contribution at that time, or if the contribution was waived or deferred by the board.
(5) The general assembly adopts its resolutions by a simple majority, unless the articles of association provide otherwise.
§ 12 The Board
Board members must be members of the association.
§ 12.1 Board
(1) The overall board consists of:
a) Chairperson
b) Deputy chairperson
c) Treasurer d) up to six other board members.
(2) The board entitled to represent the association according to § 26 BGB consists of:
a) Chairperson
b) the deputy
c) the treasurer
(3) The board entitled to represent shall represent the association in court and out of court.
(4) Each member of the entitled board is authorized to individually represent the association.
(5) Majority decisions of the board are binding for the members of the board who are entitled to represent alone.
(6) The general assembly may decide that one person holds several board offices.
§ 12.2 Election of the Board
(1) The board is elected by the general assembly for a term of three years.
(2) Reelection of board members is possible.
(3) Each board member is determined by the general assembly in a special voting round.
§ 12.3 Departure from the Board
(1) The currently acting board members remain in office after their term until successors are elected.
(2) In the case of an important reason, particularly in the event of gross breach of duty or incapacity for proper management, the appointment of board members may be revoked by the general assembly or by a member vote.
(3) If a board member leaves office prematurely, the position shall be filled on a temporary basis until a successor is elected. The decision on the temporary filling is made by the board. The successor is elected by the next regular general assembly.
§ 12.4 Duties of the Board
(1) The board is responsible for the management of the ongoing affairs of the association.
(2) The board is responsible for all matters of the association that are not expressly assigned to other organs by the articles of association.
(3) In particular, it has the following tasks: a) Preparation and convening of the general assembly and establishing the respective agenda b) Preparation of the annual report c) Tasks of the treasurer, e.g., bookkeeping, accounting, income/budget control, donation management, tax declarations d) Decisions on admission of members, exclusion processes, handling of entries and exits e) Granting of representation authorities f) Appointment of advisory boards
§ 12.5 Board Meetings and Decision-Making
(1) Board meetings take place at least once a quarter.
(2) The invitation may be issued by the chairperson or a deputy with a notice period of at least one week. The period begins with the first working day after the dispatch of the invitation letter.
(3) Board meetings may also be held with shorter notice if all board members agree to the shorter notice in individual cases.
(4) The invitation is sent via email.
(5) The board is deemed to have a quorum if it is fully convened or at least three board members are present, of which at least one is one of the members entitled to represent.
(6) Non-attending board members may submit statements on individual agenda items in writing, via email, or by phone before the board meeting. These statements should be communicated to the other board members and taken into account in the decision-making process.
(7) The board passes its resolutions by a simple majority, unless the articles of association provide otherwise.
(8) Resolutions of the board can also be made via email or by telephone.
(9) Board meetings can also be held in the form of video or telephone conferences or other means of electronic communication.
(10) In the event of resolutions of the board that were made via email, no additional written records need to be created contrary to § 10 Abs. 1.
§ 12.6 Remuneration of the Board
Board members may receive a reasonable compensation for time and work performed. The decision on the granting and amount of the compensation is made by the general assembly.
§ 13 Advisory Boards
(1) The board may appoint advisory boards.
(2) Both members of the association and non-members can become advisory board members. (3) The advisory board members perform an advisory function for the board.
(4) The advisory board members perform their work on a voluntary basis.
(5) The dismissal of advisory board members is done by the board.
§ 14 Amendment of the Articles
(1) A two-thirds majority of the members present is required for amendments to the articles.
(2) Changes to the purpose of the association can only be resolved with a majority of at least 80 percent of the members present.
(3) Amendments to the articles and changes to the purpose of the association can only be voted on in the general assembly if this agenda item was already mentioned in the invitation to the general assembly and the invitation included both the previous and the proposed new text of the articles.
(4) Amendments to the articles that are required by supervisory, judicial, or financial authorities may be made by the board on its own initiative and do not require a resolution by the general assembly.
(4) The same applies to amendments to the articles that must be made due to changes in the law or jurisprudence.
§ 15 Dissolution of the Association and Asset Binding
(1) The dissolution of the association is only possible in a special general assembly convened for this purpose. The dissolution can only be decided by a majority of at least three-quarters of the members present.
(2) In case of dissolution of the corporation or the elimination of tax-privileged purposes, the assets of the corporation go to the association More Democracy e.V., Feldstr. 9 -11,
53225 Bonn, which must use it directly and exclusively for charitable purposes.
§ 16 Equal Treatment The articles of association apply in their linguistic version to both men and women equally.
§ 17 Arbitration Agreement The attached arbitration agreement is part of the articles of association.
§ 18 Severability Clause Should any individual provisions of these articles be ineffective or unenforceable or become ineffective or unenforceable after the conclusion of the contract, the effective and enforceable provision that comes closest to the objective pursued by the ineffective or unenforceable provision shall replace the ineffective or unenforceable provision. Date of establishment of the articles: 07.02.2012 Date of redrafting of the articles: 12.04.2012 Date of 2nd redrafting of the articles: 12.07.2020 8
Arbitration Agreement (According to § 17 of the preceding articles)
§ 1 Arbitration Clause All disputes between the association members and the association, as well as between association members and organs of the association, as well as between organs and association members among themselves, arising from the articles shall be finally decided by the following arbitration court, excluding ordinary courts. Excluded are those decisions that cannot be assigned by law to an arbitration court for decision.
§ 2 Jurisdiction The arbitration court is responsible for deciding legal disputes concerning voting rights, participation rights, and special rights of association members, as well as claims of association members for reimbursement of expenses, claims of the association or members for payment of contributions against members, and for the acquisition or loss of membership. The arbitration court is also responsible for design actions by members and disputes regarding the validity and interpretation of this arbitration agreement.
§ 3 Composition of the Arbitration Court The arbitration court consists of two arbitrators and a chairperson. The arbitrators shall be members of the association. However, they must not be directly or indirectly involved in the dispute at hand. The chairperson must be qualified for the position of judge. They must not belong to the association.
§ 4 Appointment of the Arbitrators and the Chairperson Each party appoints one arbitrator. The party initiating the proceedings must notify the opposing party in writing by registered mail of the appointment of its arbitrator, stating its claim, and request it to appoint its arbitrator within three weeks. The period begins on the day the registered letter is dispatched at the post office. If the opposing party fails to comply with this request in due time, the opposing party’s arbitrator shall be appointed by the competent court at the request of the initiating party. The two arbitrators appoint a chairperson. If this is not done within three weeks of the appointment of the last of the two arbitrators, the president of the competent regional court for the location of the association shall appoint the chairperson at the request of an arbitrator or a party. If a party consists of several persons, they must agree on one arbitrator.
§ 5 Elimination of an Arbitrator or the Chairperson If an arbitrator is eliminated, the party that appointed them must appoint a new arbitrator within three weeks and notify the opposing party in writing by registered letter. If the party fails to fulfill this obligation, the opposing party’s arbitrator shall be appointed by the competent court at the request of the initiating party. If the chairperson is eliminated, § 4 sentence 5 and 6 of this agreement shall apply accordingly.
§ 6 Seat of the Arbitration Court The arbitration court is located at the seat of the association. The regionally competent higher regional court is the competent court according to § 1062 ZPO.
§ 7 Procedural Law The arbitration court proceeds according to § 1042 ff. ZPO. Otherwise, it structures the procedure at its discretion.
§ 8 Role and Duties of the Chairperson The chairperson shall inform the parties in writing about the constitution of the arbitration court and instruct the claiming party to submit the statement of claim to the chairperson of the arbitration court within two weeks. The statement of claim is to be transmitted to the opposing party with a request for response within one week. Subsequent pleadings are to be transmitted to the opposing party as well. The chairperson is responsible for preparing and conducting the proceedings. They schedule hearings after consulting with the parties or their designated representatives, invite them by registered letter to the oral hearing, engage a minute-taker as necessary, lead the oral hearing and the voting within the arbitration court, and draft the arbitration award in writing with justification.
§ 9 Arbitration Settlement The arbitration court shall always attempt to achieve a settlement between the disputing parties before issuing an arbitration award. A settlement is to be signed by the members of the arbitration court and the parties and deposited at the office of the court responsible according to § 6.
§ 10 Arbitration Award The arbitration award must be justified and signed by the members of the arbitration court. A copy of the arbitration award is to be delivered to the parties. After delivery, the arbitration award is to be deposited at the office of the court responsible according to § 6.
§ 11 Costs of the Proceedings The chairperson shall receive a reasonable fee for their services. The members exercise their duties on a voluntary basis. They are entitled only to reimbursement of their expenses.

The arbitration court decides on the obligation to bear costs according to § 91ff ZPO. The value
of the subject matter of the dispute is determined by the arbitration court by resolution. The arbitration court determines in the tenor of the arbitration award the costs to be reimbursed by the losing party to the winning party in numerical terms. The fees of attorneys are determined according to the Legal Fees Act (RVG). 10

Copyright Bündnis Bürgerwille, 2023

Copyright Bündnis Bürgerwille, 2023

Copyright Bündnis Bürgerwille, 2023