NEOS Statute
May of 2000
NEOS STATUTE
(under German civil law)
§ 1 Name
The association bears the name "NEOS - Network of Europe oriented Schools".
§ 2 Registered office
The association has its registered office in Cologne/Germany.
§ 3 Establishment in another European country
The association has other establishments in the cities of the European countries the members of the executive committee come from.
§ 4 Purpose of the association
(1) Purpose of the association is the promotion of the orientation towards Europe in the schools of the European countries.
(2) The association pursues exclusively and directly charitable purposes as outlined in the paragraph ‘ Tax sheltered Purposes ‘
(3) The association acts charitably, in the first instance its purpose is not for profit.
§ 5 Activity of the association
(1) The association works on the basis of the quality goals of the declaration of Cologne of 02.06.1999 (see appendix).
(2) It performs its tasks through
· The meeting of international students workshops
· Regular work meetings to exchange experiences
· the mutual evaluation of work procedures in
development of Europe oriented school-programs
§ 6 Entry in the register of associations
(1) The association is registered into the register of associations (Amtsgericht Köln, VR 13607).
(2) The transfer into a "European association" has to be carried out within a
year after the coming into force of the regulation on the statute for a
European association.
§ 7 Entrance of the members
(1) The association has active members and promoting members.
(2) Active members are legally responsible schools from European countries. Not legally responsible schools will be represented by their 'promotion association'.
(3) Promoting members can be natural persons or legal entities, who want to support the aims of the association financially or advisory on a regular basis. They pay another membership fee.
(4) The international character of the association will be ensured through at
least 51% non-German active members.
(5) The membership begins with the entrance into the association. The
conformation of membership is to be submitted in writing to a member of
the executive committee.
(6) The executive committee decides on the admission. A refusal can not be contested.
(7) The entrance becomes effective with a written admission.
§ 8 Resignation of members
(1) The resignation from the association is possible under observance of a
three-month period of notice at the end of each calendar year.
(2) The resignation is to be declared to the executive committee in writing.
(3) Deposited membership fees will not be returned.
§ 9 Exclusion of the members
(1) In addition the membership ends by exclusion.
(2) The exclusion from the association is permissible only on an important reason.
(3) The general meeting decides about the exclusion at the request of the executive committee.
§ 10 Membership fees
(1) The membership in the association is bound to a membership fee.
(2) The amount will differentiate between active members and promoting members.
(3) The general meeting decides on the amount of the membership fee.
(4) The membership fees are to be paid annually in advance. It falls due to
01.01. each calendar year or proportionate to the month of the entry.
(5) A registration fee is not levied.
§ 11 Executors of the association
Executors of the association are
(a) the executive committee (§§ the 12 and 13 statute)
(b) the general meeting (§§ 14 to 17 of the statute)
§ 12 Executive committee
(1) The members of the executive committee come from different member
schools of at least three European countries.
(2) The executive committee consists of the chairman, the secretary and the treasurer.
(3) Part of the major tasks of the executive committee is to represent the
association in the public and the extension of the financial means by
procuring public and private subsidies.
(4) The association is represented in each case by two members of the
executive committee.
(5) The members of the executive committee are elected by the general meeting.
(6) Representatives of active members can be elected for the duration of three
years. A reappointment is possible.
§ 13 Restriction of the right of representation of
the executive committee
The right of representation of the executive committee against third parties is limited with regard to property and loans (§ 26 paragraph 2 sentence 2 BGB). The agreement of the general meeting is necessary.
§ 14 Calling of the general meeting of the members
The general meeting is called:
(a) if the interest of the association requires a meeting,
(b) if an executor requests a meeting,
(c) if 25 % of the members request a meeting, at least
(d) once within three years for the election of an executive committee.
§ 15 Quorum
(1) The duly called general meeting of the members is quorate.
(2) To adopt a resolution about the dissolution of the association (§ 41 BGB)
the presence of two thirds of the members is necessary.
§ 16 Adoption of resolutions
(1) It is voted by hand indications. On the request of 5 members the vote can
be in written form.
(2) Promoting members have an advisory voice and can propose a motion but they can not vote. Each active member has one vote.
(3) The general meeting decides with the majority of the delivered votes.
(4) Members of the executive committee are elected with the absolute
majority of the delivered votes.
(5) A decision to change the statute has to be taken by the majority of two thirds of the delivered votes.
(6) For the change of the purpose of the association the agreement of all members is necessary.
(7) To adopt a resolution about the dissolution of the association a majority of
four fifths of the present members is necessary.
§ 17 Recording the decisions
The decisions taken in the general meeting are to be recorded in minutes.
§ 18 Non-profit character
(1) The association pursues exclusively and directly non-profit purposes as outlined in the paragraph ‘Tax sheltered Purposes’
(2) Means of the association may be used only for statutory purposes.
(3) Members do no receive grants or contributions from the association’s funds. No person is to be given preferential treatment through expense payments that are not in keeping with the purposes of the corporation or through other disproportionately excessive compensation.
§ 19 Winding up of the association
(1) The association may be wound up by a decision on the general meeting ordering its winding up.
(2) The winding up entails the liquidation.
(3) In the event of the associations dissolution, any assets are to be used for tax sheltered purposes. Any decisions about the future use of assets are to be implemented only with the approval of the Inland Revenue.