Draft of the Statutes of the Indian " Förderverein Kinder-Indiens e.V."

Draft of the Statutes of the Indian „Förderverein

Kinder-Indiens“ (Charitable Trust Kinder-Indiens)

§ 1

Name of the Trust

The name of the trust shall be“Charitable Trust Kinder-Indiens S. Y.“, hereinafter it is referred to as “Charitable Trust“. The Charitable Trust is a branch of Foerderverein Kinder-Indiens e.V. in Germany.

§ 2

Seat of the Charitable Trust

………………… Thiruvananthapuram

§ 3

Targets of the Charitable Trust

(1)It is the target of the Charitable Trust to take care of the well-being of orphans who lost parts of their family or their complete family by violence, separation or death of the parents, of one parent, of other still existing relatives or persons having the care and custody.

(2)The Charitable Trust mainly takes female orphans up to the age of 18. The Charitable Trust will also care for girls and young women needing support after the age of 18 due to their professional training, study or family reasons by creating extra facilities

(3)Here the Charitable Trust aims at creating and maintaining a socially and economically stable, family-like basis of life in the long term, allowing the orphans to grow up untroubled and become an independent and self-reliant member of Indian society.

(4)In order to achieve these objectives, the Charitable Trust runs an orphanage. If the number of children is beyond the scope of an orphanage and if the financial resources of the Charitable Trust allow it, then the Charitable Trust reserves the possibility to establish and run further orphanages.

(5)Together with its German parent company the Charitable Trust collects money and thus provides the financial bases for operating an orphanage, such as accommodation, food, clothes, health care and professional training.

(6)The Charitable Trust attaches major importance to the issue that the orphans entrusted to it will be able to grow up with their own language, religion and culture.

(7)The Charitable Trust takes care– if the financial resources permit it -that the orphans entrusted to it will have the opportunity to take part in sporting, cultural and religious events in their country

(8)In addition the Charitable Trustwants to make sure that the children will often have the opportunity to contact their remaining relatives, if they like.

(9)In order to achieve its objectives the Charitable Trust may buy land and build houses and other facilities, suitable and necessary for the operation of an orphanage.

(10)In order to achieve its objectives the Charitable Trust may rent, build and run schools, training centres, workshops, hospitals and libraries, but also all facilities required for young women above 18 years of age.

(11)The Charitable Trust may sell the products made in its training centres either in India or to foreign countries. The proceeds will again be used for the benefit of the orphans.

(12)After consulting the board and the management of the orphanage also voluntary Indian and foreign helpers such as pedagogues, doctors, therapists, alternative practitioners, nurses, nursery teachers, engineers etc., and also Indian and foreign trainees may work in the facilities of the Charitable Trust.

§ 4

Location

(1)The Charitable Trust runs its facilities mainly in the Indian federal state of Kerala.

(2)With the consent of the general meeting the Charitable Trust may also run orphanages in other federal states of India and rent or build itself and operate the relevant facilities in accordance with the objectives listed.

§ 5

Membership

(1)All full members of the parent society in Germany shall be full members of the Indian Charitable Trust .

(2)After a proposal of the board and with a two-thirds majority of the general meeting further full members may be admitted.

§ 6

Termination of the Membership

The membership is considered to have ended if:

(1)The member dies or, in case of an organisation, if it does not exist any more.

(2)The member terminates the membership in written form, except if this termination results in less than two members. In this case the Charitable Trusthas to be dissolved.

(3)The member has been excluded from membership by a two-thirds majority decision of the general meeting in the interests of the trust. Prior to this exclusion from membership the member to be excluded shall be granted an additional time to comment on the reasons of his/her exclusion in written form.

(4)The board is entitled to suspend the membership of a member by indicating the reasons until the annual general meeting takes place.

§ 7

General Meeting

(1)The boardshall summon the members in written form to the annual meeting, however at the latest after less than 14 months.

(2)The annual meeting can take place in India or in Germany.

(3)Due to the large distance it is also possible to hold the annual meeting by modern means of communication such as telephone conference, video conference or internet conference.

(4)The members shall possibly be informed by the board 15 days before the meeting. The board shalll send an agenda.

(5)Each full member may propose items for the agenda.

(6)If required, the board may also schedule extraordinary meetings without keeping this time limit.

(7)Extraordinary meetings have to be called by the board, if 25 % of the full members request such a meeting.

(8)Each full member is entitled to take part in an ordinary and extraordinary meeting of the trust and to take the vote there.

(9)For votes in ordinary and extraordinary meetings of the general meeting at least 5 members have to be present. If this number is not reached, the board has to call the general meeting again as soon as possible to reach the necessary resolutions.

(10)The resolutions of the general meeting are considered to be final with regard to all

affairs of the society.

(11) During the annual general meeting the progress report and the financial statement of the

board will be presented and adopted by the general meeting.

(12)The results of the general meeting will be recorded in a written protocol and forwarded to

the members at least 14 days after the general meeting. The protocol may also be sent

via e-mail. The protocol of the general meeting becomes part of the documentation of

the trust.


§ 8

Management Board

(1)The management board of the Charitable Trust will be elected by the general meeting every four years by secret ballot.

(2)The board of the Charitable Trust consists of a minimum of two and a maximum of four persons. The board will be elected by the full members of the Charitable Trust

(3)The board of the German Foerderverein Kinder-Indiens e.V. is at the same time also the board of the Indian Charitable Trust

(4)The board of the Charitable Trust holds its meetings as required, without compliance to terms and deadlines, however at least each half-year. A member of the board or a secretary to the boardshall write a protocol which will be distributed to the members of the board.

(5)The board convences the general meetings of the Charitable Trust.

(6)The board consists of the 1st and 2nd chairman at least. The first chairman chairs the meetings of the board and general meetings and will be represented by the 2nd chairman in case he/she is absent or ill.

(7)The general meeting elects the secretaryand the treasurerof the Charitable Trust by secret ballot every four yearsThe secretary and the treasurer may be members of the board, but they need not be. If they are no members of the board, the board may invite them to the meetings of the board-without compliance to the terms and deadlines -for consultation purposes or for the preparation and implementation of certain tasks of the Charitable Trust. If required, the board may invite further members or experts to the board meeting in order to clarify technical, legal, financial or organisational issues.

(8)Upon election by the general meeting the board takes over the following tasks:

(a)Definition of the long-term strategy of the Charitable Trust with regard to its objectives.

(b)Planning of the collection and use of donations in kind and financial donations.

(c)Planning of the use and determination of the budget for all activities of the Charitable Trust in India.

(d)Execution of all banking transactions such as account opening and closing, withdrawal and deposits of money

(e)Review of accounts and financial statements of the Charitable Trust.

(f)Release and review of all funds.

(g)Calling of the general meeting and preparation of the agendas

(h)The commissioning of services required for fulfilling the objectives of the trust, such as legal advice, accounting and tax consulting, management consulting, engineering and architectural services, repair services etc.

(i)Placement and supervision of services and building contracts.

(j)Preparation, negotiation and conclusion of rental and lease contracts serving the purposes of the trust

(k)Selection, recruitment and termination of the managementof the orphanage or orphanages.

(l)Selection, recruitment and termination of employees of the orphanage in agreement with the management of the orphanage(s) and their supervision and approval, if the management of the orphanage(s) carries out these tasks independently by the order of the board.

(m)Determination of expense allowances for all employees after consulting the management of the orphanage(s).

(n)Suspension of memberships

(o)Supervision of the general manager(s) of the orphanage(s) of the Charitable Trust

(9)The board is entitled to purchase or sell land and real estate in whole or in shares.

(10)The board may accept donations in kind and financial donations from

persons, companies, other associations, trusts and government organisations from India or from abroad and thus meet all obligations which it considers suitable and adequate for fulfilling the objectives of the Charitable Trust.

(11)The board is also entitled to refuse donations, if it is determined that the donor

does not conform to the objectives of the Charitable Trust or pursues personal objectives and intentions.

(12)A majority vote in the general meeting gives the board the right- if the

objectives of the Charitable Trust make it necessary -to pledge the assets as security for overdrafts to banks. If the general meeting agreed, the board is entitled to prepare and sign all papers required.

(13)The board is entitled to take over the management of other charitable trusts or

public institutions, if it assumes that it serves the objectives of the Charitable Trust.

(14)The first chairman chairs the general meeting.

(15)The first and second chairman have the absolute right of veto in all votes.

§ 9

Further Bodies

(1)In India the Charitable Trust is represented by a “Secretary“ choosen and recruited by the board.

(2)The “Secretary“ has the following tasks:

(a)In close cooperation with the board the “Secretary“ is in charge of implementing the decisions of the board and the general meeting.

(b)In addition he/she is responsible for the legal affairs of the Charitable Trust in India, such as to obtain permissions, registrations, modifications and renewals of permissions, the preparation and participation in audits by national supervisory authorities (health office, authorities regulating social or guardianship affairs etc.) talks and negotiations with Indian authorities.

(c)If required, the “Secretary“ might be given a power of attorney for banking matters, such as managing the accounts of the trust, the payment of expense allowances to employees and service providers. Here the board may fix maximum amounts which are covered by the “Secretary’s“ power of attorney.

(d)Iff required and after consulting the board the “Secretary“ may seek legal and fiscal advice for all affairs of the Charitable Trust in India.

(e)The “Secretary“ represents the trust in court if the board is absent.

(f)Together with the “Treasurer“ he organizes the accounting and the financial statement of the trust in India.

(g)In case of arguments and disputes with employees the “Secretary“ shall try to find an amicable settlement. If it is not possible, he shall represent the Charitable Trust in court.

(3)The “Managing Superintendent“ shall be elected and recruited by the board. He is assigned the following tasks which are to be coordinated with the “Secretary“.

(a)Selection of the children for the orphanage.

(b)Talks with parents and relatives.

(c)Preparation of all papers for the right of custody vis-a-vis parents, relatives

and Indian authorities.

(d)Organisation of the day-to-day business.

(e)Preparation and supervision of the school attendance of the children.

(f)Taking over parent talks in school and other organisations taking care

of the children’s training.

(g)Supervision of the house rules

(h)Organisation of accommodation, food and drink.

(i)Selection, recruitment and supervision of the employees of the orphanage

in close cooperation with the “Secretary“ and the board, if necessary.

(j)Preparation and participation in meetings with the Indian authorities.

(4)The “Treasurer“ is responsible for the administration of all funds and real assets. He has the following tasks:

(a)Correct acceptance and booking of financial donations and donations in kind.

(b)The accounting of the Charitable Trustand its separation from the German association “Kinder-Indiens e.V.“.

(c)The supervision of accountants and tax consultants in India.

(d)In case he is from Germany, the“Treasurer“ will be supported by the “Secretary“ in the legally correct and mandatory accounting procedures and in the financial statement of the Charitable Trust .

(5)Individual members of the Charitable Trust may take over individualtasks for the Charitable Trust in India and in Germany after consultation and at the instigation of the board, such as:

(a)Writing of meeting protocols, letters, permission documents, translations etc.

(b)Supervisory tasks regarding services, such as architect’s services, construction supervision and others.

(c)Participation in appointments at authorities and signing the required documents, in case it is required that several members of the trust are present in India.

(d)Representation of the board at events and receptions.

§10

Documentation

(1)The Charitable Trust has to write minutes for all meetings of the general meeting and the board. The minutes have to be signed by the attending members (general meeting) and/or attending members of the board (board meeting). The minutes will be filed in the office of the trust in India.

(2)The Charitable Trust has the following documents ready in its file:

(a)Statutes of the Charitable Trust

(b)Registration documents of the Charitable Trustin India

(c)Index of members

(d)Orphanage licence

(e)Orphanage operating licence

(f)Index of all children

(g)Register of the conveyance of the custody for all children

(h)Minutes of meetings (general meeting and board meetings)

(i)Register of moves.

(j)Register of visitors

(k)Accounting

(l)Book of receipts

(m)Financial statement

(n)Register of assets

(o)Bankbooks

(p)List of loans

(q)Register of all minutes and decisions of the board

(r)Agreements, invitations of tenders, contracts etc.

§ 10

Balancing of Accounts

(1)The financial year of the Charitable Trust starts on 1 January and ends on 31 December of the relevant year. The accounts will be kept accordingly and the annual financial statement will be made correspondingly.

(2)The list of new members of the board, the report on the receipts and expenditures and the balance sheet, signed by the members of the board, should be submitted to the authority for the registration of trusts in India every year.

§ 11

Amendments to the Statutes

Amendments, modifications, expansions or cancellations to these statutes or the submission of new statutes in the course of a general meeting according to “The Societies Registration Act 1860“ has to be made by a two-thirds majority of the members.

§ 12

Dissolution of the Trust

…………………

(1)The dissolution of the trust can only be resolved in a meeting of the members summoned for this purpose.

(2)In case of a dissolution of the trust the assets of the trust will go to SOS-Kinderdorf in Alwaye-Cochin, Kerala, South India
(Contact address: SOS-Kinderdörfer weltweit,
Hermann-Gmeiner-Fonds Deutschland e.V. Kommunikation,
Menzinger Str. 23, 80638 München),
which will use it directly and exclusively for charitable purposes according to these statutes.

(3)However, this presupposes that the above named organisation is tax-advantaged at the time the assets are transferred.

Lore "Sei du selbst die Veränderung, die du dir wünscht für diese Welt." MAHATMA GANDHI
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