§ 1 Name, Registered Office, Financial Year.
(1) The “German Association for Gas Technology” e. V., hereinafter referred to as GAGT, is a registered association with its registered office in D-65520 Bad Camberg. The Association has its registered office in D-65520 Bad Camberg.
(2) The financial year of the association is the calendar year.
(3) In accordance with § 21 BGB and § 57 Para. 1 BGB, GAGT e. V. applies for entry in the Register of Associations at the Limburg a. d. Lahn District Court.
§ 2 Purpose of the Association.
The “German Association for Gas Technology” e.V., with its registered office in D – 65520 Bad Camberg, exclusively and directly pursues consumer-friendly purposes within the meaning of the following sections.
(1) The purpose of the Association is the promotion of consumer protection and consumer advice, based on relevant requirements of the legislator in Germany and the European Union (EU), in compliance with the EU Lisbon Treaties of 2007.
(2) The promotion of fire protection, occupational health and safety, disaster and civil protection, as well as accident prevention in the handling of highly flammable and explosive gases and fuels, using pressurised gas containers of all types and designs and their storage in motor vehicles, recreational vehicles and industrial plants.
(3) To promote science and research, in the context of the development of alternative propulsion systems in motor vehicles and industrial plants, in the context of climate and environmental protection, primarily for air, water and soil, but also to combat noise directly.
(4) The further purpose of the association is the development of quality standards for fuels and fuel gases, such as LPG, LNG, CNG, BIO-Ethanol, BIA Methane and Hydrogen H2, as well as other environmentally friendly fuels and fuel gases. Of course, also taking into account the HV intrinsically safe systems that are used. Furthermore, the monitoring and compliance with legally prescribed safety standards in the handling of these fuels and fuel gases. The requirements for the techniques to be used with regard to supply vehicles (tankers) and compressors for filling pressurised gas containers in accordance with European law.
(5) The Association organises training courses within the framework of and under the application of European law for further professional training, also with regard to law and safety, as well as the application of measures for the maintenance of physical health, in the handling of gases and the techniques to be used.
(6) The association is neutral towards associations and companies in the gas industry and manufacturers of products of all kinds. The preparation of expert opinions of any kind within the scope of its activities is in principle only carried out against payment. Cooperation with a legislator and its institutions can only take place with reference to existing valid directives and regulations in the area of application of the European Economic Area.
(7) Consultation of groups of persons not belonging to the association, on all kinds of questions concerning the field of activity according to the defined focal points of the GAGT, can only take place by means of consultation fees on the subject, which must be specified in detail in writing before the consultation. The amount to be paid is to be paid in advance after an offer has been made. Excluded from this are discussions about possible requirements for joining the association.
§ 3 Means of the Association.
The funds of the Association may only be used for purposes in accordance with the Statutes. Members shall not receive any benefits from the Association’s funds.
§ 4. Expenditure of the Association.
No person may be favoured by expenses that are alien to the purpose of the association or by disproportionately high remuneration.
§ 5 Income of the Association.
The Association may charge expenses for the implementation of promotional measures, further training courses, conferences and the provision of illustrative materials and/or organisational resources. Invoices shall be issued for these services, showing the statutory value added tax, with details of the recipient of the service and details of the service provided.
§ 6 Membership of the Association.
Any natural or legal person, or a subdivision of the latter, may become an active member. By joining, the member undertakes to support the objectives of the GAGT and to pay the required contribution. Admission shall be made upon written application by resolution of the Executive Committee. Membership ends automatically in the event of death or with the decision to dissolve the legal person or association of persons.
Rejection of an application.
If the Executive Committee rejects an application for membership, the person concerned may appeal to the General Assembly in writing. A final decision shall thereafter be taken at a subsequent Annual General Meeting after the application has been presented by the General Meeting.
Admission to the GAGT is possible at any time; resignation is only possible at the end of a calendar year and must be made in writing.
In accordance with § 58 No. 2 BGB (German Civil Code), the GAGT e. V. charges a membership fee, which is fixed in the application for admission of the member to be admitted after consultation. The membership fee is based on the amounts and periods stipulated in the membership fee regulations.
Sustaining members support the Association financially and ideally. They have no voting rights at General Meetings and Annual General Meetings and cannot be elected to Board positions. Financial support must be agreed in writing, stating the amount per. Financial support shall be agreed in writing, stating the amount per year, whereby support once paid shall remain with the Association on demand.
Active membership is linked to support for the purposes of GAGT. It consists, for example, of active support for projects, voluntary work and fundraising activities. For example, from activities in the recruitment of sponsors, from the field of business and politics. It expires with the resignation of the member or after an expulsion.
The exclusion of members.
Expulsion may be effected by a resolution of the Executive Committee. The person concerned must be informed in writing, stating the reasons. The person concerned may appeal against an exclusion to the general meeting on the occasion of the annual general meeting. The appeal must be made in writing.
The GAGT may designate regional associations according to geographical jurisdiction, e.g. within the boundaries of the 16th federal states. Branches may also be established within the boundaries of the European Economic Area, but only in accordance with the 2007 Lisbon Treaty.
The regional associations or branches are not subdivisions of the GAGT with legal capacity.
The regional associations shall, without prejudice to the general competence of the federal bodies, in particular:
To represent the objectives of GAGT in their area in accordance with the Statutes. To co-operate with the higher authorities of the Länder and other non-governmental associations of their country in the field mentioned under § 2 of the Statutes. To look after the members in this area and to recruit new members. To accept donations and to promote them in public.
§ 7. The organs of the Association.
The organs of the Association shall be the General Assembly and the Board.
§ 8 The General Assembly of Members and its tasks.
The members of the General Assembly are:
The members of the Executive Committee and all active members of the GAGT.
A general meeting must take place every business year. Invitations to this annual general meeting can be sent by. Invitations to this annual general meeting can be sent by post or e-mail in due time.
An extraordinary General Assembly of Members shall be convened at the request of the Executive Committee or of at least 1/10 of the voting members.
A general meeting shall also be convened in accordance with §§ 38, 40 BGB (German Civil Code) if the interests of the Association so require.
The meeting shall be convened in writing by the Executive Committee with four weeks’ notice, stating the agenda. The Executive Committee shall determine in the notice of convocation the place and time at which the General Meeting shall be held. In addition to the place of the General Assembly, it may determine other places where members may participate by means of a video conference. The video conference shall transmit live images and sound of the general meeting and the respective transmission location, thus enabling every member to participate.
The General Assembly shall normally be chaired by the Chairperson of the Board. The secretary is elected by the meeting.
The General Assembly shall constitute a quorum if more than half of the members are present; its resolutions shall be adopted by majority vote. A majority of three quarters of the members present is required to amend the Statutes and to dissolve the Association.
In the event of a lack of quorum, the Executive Committee shall immediately convene a second General Assembly with the same agenda. This meeting shall constitute a quorum irrespective of the number of members present. This fact shall be pointed out in the invitation.
The duties of the Annual General Meeting shall be at least the following:
Acceptance of the annual report of the Executive Board, as well as the approval of the annual financial statement (income/expenditure statement) with presentation of the profit determination according to § 4 para. 3 EStG (Income Tax Act), for the respective past calendar year, with reference to the evaluations of the tax consulting company mbH commissioned by GAGT.
Discharge of the Executive Board upon motion of a member of the General Assembly present.
New election of the Executive Board as far as required under the item Elections.
Determination of membership fees taking into account individuals and companies in a fee schedule.
Acceptance of motions of the members for the AGM. They must be received in writing by the Executive Committee at least two weeks before the meeting in order to be eligible for discussion and to constitute a quorum at the General Assembly.
The names of the members present at the general meeting and the proceedings of the meeting shall be recorded in minutes, which shall be signed by the chairman of the meeting and the keeper of the minutes.
§ 9 The Executive Board
The Executive Board shall consist of:
The Chairperson and a Vice-Chairperson, they form the Executive Board in terms of § 26 BGB and are each entitled to represent the Association alone.
In addition, three further members belong to the Executive Board as an extended Executive Board; they do not have the right of representation according to § 26 BGB. However, they have the same (voting) rights as the executive board according to § 26 BGB.
The Executive Board according to § 26 BGB and the extended Executive Board shall be elected by the General Assembly.
If a Board member leaves the Association during an election period, the remaining Board can appoint a temporary new Board member, who must be confirmed by the next General Assembly, or a new election can be held.
A member of the Executive Board with sole power of representation may hold the position of Executive Director in an office to be appointed. For this purpose, it is also possible to delegate a Board member from the Extended Board. This managing director from the extended board is not authorised to sign. Only the Executive Board is authorised to sign according to § 26 BGB.
The General Assembly elects the members of the Executive Board, in each case in individual ballots for a period of five years. This is to ensure continuity in the work of the Executive Board. A member of the Executive Board may be dismissed by an extraordinary General Assembly in the event of serious legal violations of the Statutes. A criminal conviction by a court of law shall result in immediate resignation from the Board and the Association without notice. An appeal/complaint against this is expressly not given.
The Executive Committee determines the goals for the practical work of the GAGT. Where necessary, it issues guidelines for the conduct of the necessary business of the association. It advises and supervises the work of the management responsibly.
Each member of the Executive Committee shall assume responsibility within the scope of a specific area of responsibility to be designated by the Executive Committee.
Members of the Executive Committee may be granted appropriate compensation for their work in connection with the time spent on behalf of the Association, e.g. travelling on behalf of the Association or attending conferences. Particular care must be taken to ensure that no expenses can be incurred which fall under wage tax and social security law. However, if this is not possible, the responsible tax authority must be informed.
The Executive Committee and individual members of the Executive Committee shall not be liable to the Association for any damage caused or likely to be caused to the Association by simple negligence on the part of the members of the Executive Committee.
§ 10 Elections
Elections shall be by secret ballot. Unless an open election is unanimously decided as a motion from the General Assembly to the General Assembly.
If an absolute majority is not obtained in the first ballot, a second ballot shall be held. In this second ballot, the relative majority of the votes cast shall suffice. Abstentions and invalid votes shall be deemed not to have been cast.
§ 11 Federal Executive Office
The Federal Executive Office shall be under the direction of a Managing Director. As the Executive Director is not authorised to sign, all activities with contractual aspects, as well as all orders, must be countersigned in writing with the first and last name by a member of the Executive Board who is subject to § 26 BGB.
The Executive Director shall be responsible to the Executive Board for the proper conduct of the business of the Association.
He/she shall be responsible for the preparation and implementation of financial, work and scheduling plans and for the development and implementation of concepts for the realisation of the purposes of the Statutes and public relations.
The management of full-time staff, as well as reporting, controlling and accounting.
It is responsible for providing all necessary working aids (materials) for the Board and active members of the Association, which are provided with a mandate from the Board.
Within the guidelines of the Executive Board, the Executive Director shall make decisions at his own discretion, taking into account liability issues against third parties.
If an Executive Director is authorised by the Executive Board as a special representative in the sense of § 30 BGB to be appointed to take care of the economic, administrative and personnel matters of the federal office, the authorisation shall include the following matters. The authorisation shall also expressly include the Association’s areas of responsibility, in particular the procedural representation of the Association in legal proceedings.
§ 12 Dissolution of the Association
In the event of the dissolution of the Association, or in the event of the discontinuation of tax-privileged purposes, the assets of the Association shall pass in equal shares to the German Red Cross, Landesverband Hessen e.V., Ortsgruppe Bad Camberg, D – 65189 Wiesbaden and the Malteser Hilfsdienst e.V. D – 51103 Köln, Ortsgruppe Bad Camberg, which shall use these funds directly and exclusively for charitable purposes.
Announcements of the Association shall be made in the gazette designated for announcements of the local court in whose district the Association has its registered office (§ 50a BGB).
signed. Peter Ziegler
Chairman GAGT e.V.