Articles of association

For purposes of simplification, the masculine pronoun will be used in the following articles of incorporation when describing functions and positions. The female form is also implied herein.

§ 1     Name and domicile

The association operates under the name “Let Doctors Fly” and is headquartered in Estenfeld (Wuerzburg district).

§ 2     Objectives

(1)     The association is a non-political association of individuals. The association’s objectives are the support and practical implementation of emergency medical aid for those in need in countries with medical shortages as well as the health prevention in children and adolescents within the country’s borders.

The association’s objectives are therefore: the funding of youth care and welfare for the elderly, promoting of development cooperation as well as public health care.

(2)     A further objective of the association is the procurement of funds according to article 58 no. 1 AO for the attainment of tax-deductible purposes of another corporation according to paragraph (1). The procurement of funds for an unlimited taxable corporation under private law postulates that this itself is tax-deductible.

(3)     The association exclusively pursues direct non-profit and charitable objectives according to the paragraph “tax-deductible purposes” of the tax code. The association is a charitable organization and is first and foremost not in pursuit of personal economic gain. Resources made available to the association may only be used for statutory purposes. No person shall seek to personally benefit from disbursements that are unknown to the corporation or from disproportionately high remuneration.

§ 3     Objectives

The association has set forth the following tasks to achieving its objectives:

  a)    Securing of medical, surgical emergency supplies for those in need, in countries with no available or poor access to medical supplies. For this purpose, German doctors are deployed for non-profit to regions where they can issue treatment on the spot. The respective doctors are deployed on behalf of the association and fulfill an agreement that has been concluded in advance. Cooperation with the hospitals on site as well as the entire organization are supported by the association. Several times a year, association members travel to the respective region to devise a plan of action together with the hospitals and organizations on site.

b)   the funding of sponsorship of those abroad who are in need of help. The treatment of children requiring a longer period of time to recover will be secured by permanent donors (foster parents) that have been recruited by the association. In cases such as these, not only the child will be given support individually, but also the entire family. The funds will be passed on as appropriated funds to the respective hospitals and organizations or administered by a Let Doctors Fly employee directly on site.

c)   the funding and implementation of preventative measures for children and adolescents within country borders whose medical condition requires professional, medical and physiotherapy assistance.

d)   the holding of lectures and informational events toward the dissemination of the ideas of the association and further lasting public relations.

e)       advertising from members and sponsors.

§ 4     Financial resources

The financial resources necessary toward fulfillment of the association’s objectives will be raised through:

          a)       public collections;

          b)      financial provisions and contributions from third parties and the public sector;

          c)       proceeds.

§ 5     Membership

Any natural or legal person can become a member of the association.

Admittance is decided on by the executive board upon receipt of a written application. In the case of minors, the membership application must be provided by a legal representative.

There is no membership fee required for membership.

Withdrawal from the association is permitted at any time. Reason must be given in written form to the executive board.

A member can be excluded from the association if his conduct seriously violates the interests of the association.

The membership is terminated upon death of the member (for legal persons with their termination).

The resigned or barred member has no stake in the assets of the association.

§ 6     Bodies

The bodies of the association are:

a) the executive board;

b) the general assembly.

§ 7     The executive board

The executive board according to § 26 BGB consists of the chairman.

§ 8     Functions of the executive board

The executive board conducts all matters of business of the association.

(1)   For ongoing business transactions, it appoints one or more managing directors with whom he concludes employment contracts; these managing directors can at the same time serve as members of the board. The members of the executive board have a stake in reimbursement of the resulting and verified expenses relating to the activity and can receive an appropriate remuneration.

(2)    The executive board makes its decisions in meetings, by telephone or through a voting process.

§ 9     General assembly

The general assembly convenes at least every twelve months under specification of place, date and agenda. A written invitation must be sent out to each member at least 4 weeks prior to an assembly. The nature of the matters to be voted on is determined by the general assembly. Abstentions from voting are not counted. Decisions made by the assembly and assembly protocols etc. are certified via protocol by the chair of the meeting. Provided that another chair of the meeting has not been selected by the general assembly, the chairman exercises this function.

§ 10     Functions of the general assembly

The general assembly is incumbent upon the:

a)       Resolutions concerning changes in the articles of incorporation or dissolution or mergers of the association or transfer of assets;

b)       Receipt of the annual report of the executive board;

c)       Approval of the annual report;

d)       Discharge of the board of assembly;

§ 11   Limitations of liability

(1)     The executive board bears liability to the association for damages caused in performing executive board obligations only in the presence of intent or gross negligence.

(2)     The association bears no liability for damages or losses caused by negligence suffered by members during use of equipment or furniture and appliances of the association or during events organized by the association, insofar as such damages or losses are not covered by insurance.

The association bears no liability for damages caused by negligent conduct by representatives of the association. This applies in particular to damages that arise during the exercising of membership rights, and for damages caused by accidents or thefts.

§ 12   Accounting principles

(1)   The fiscal year is the calendar year.

(2)   The executive board shall prepare the annual financial statement within eight months upon completion of a fiscal year and submit it to an independent auditor or accountant for review.

§ 13   Data protection

The association uses personal data of members and sponsors exclusively within the scope of the tasks of the association.

Appropriate technical and organizational measures ensure that no unauthorized information is divulged to third parties.

The association has a data protection officer.

§ 14   Dissolution or merger of the association

For a dissolution of the association or a merger with or transfer of its assets to other organizations to be approved, a majority vote by the general assembly is required.

In the case of dissolution or suspension of the association or discontinuation of its previous objectives the assets of the association are transferred to the association SOS Kinderdorf, which is to use the assets directly and exclusively for its non-profit objectives.

§ 15   Entry into force

These articles of incorporation have been passed based on the decision of the assembly of the members from March 11, 2017.

The version entered into force on the day of its entry in the register of associations.

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