Network of Youth Excellence e.V. (NYEX registered society)
§ 1 Purpose of the organization
The purpose of the Network of Youth Excellence e.V. (NYEX registered society) is promoting general and vocational training including assistance to students. The purpose is realized in particular through the exchange of information and meetings between the association members.
NYEX shall exclusively and directly uphold public interest according to the provisions of the German tax regulations under the section entitled ‘tax privileged purposes’. NYEX is a non-profit association and is not interested primarily in its own financial interests. The funds of NYEX may only be used for the purposes outlined in this charter. Members will not be granted financial compensation from the funds of NYEX.
The aims of NYEX should be achieved expressly by implementation of the following measures:
Extending invitations to information events and encouraging international school and student exchanges.
§ 2 Name and Headquarters, Business Year
The association is called “Network of Youth Excellence e.V. (NYEX)” and its business headquarters is in Göttingen, Germany. It is to be registered in the register of associations. The business year is the calendar year.
§ 3 Membership
Members can be persons or legal persons who through their active participation aim to support young academics in the field of the natural sciences.
§ 4 Start, End and Suspension of Membership
Membership should be applied for in writing. The membership application – which must be supported by two members – is decided by the executive board by a simple majority of votes. To object to an rejection of an application, the next general assembly can be called.
Membership is terminated in the event of death, cancellation or exclusion. A declaration of membership cancellation must be sent to the executive board in writing and will take effect at the end of the business year. Exclusion follows as a result of gross or repeated infringements against the charter of the association and will be decided through the executive board by taking a simple majority of votes. To appeal this decision, it is possible that a general assembly can be called within a month of the notification. The decision of the general assembly is final. On termination of membership, all claims resulting from the membership relationship will become void. A refund of contributions or donations is not permitted.
Discontinuation of the preconditions according to §3 of the charter must be communicated in writing to the executive board. The executive board will then decide to end or suspend the membership.
§ 5 Bodies
The bodies of the association are:
- The executive board
- The general assembly
§6 The Executive Board
The executive board is comprised of:
- The president
- Two vice presidents
- The secretary and
- The treasurer
The duties of the treasurer and secretary can be assumed at the same time by the Vice presidents.
According to paragraph §26 of the BGB [German Civil Code], the executive board is the president and both vice presidents.
The president alone governs the association and in the case of this being prevented one of the vice presidents will take over.
All members of the executive board have sole power of representation. Both vice presidents should only make use of this internally when the president is prevented from taking action.
The executive board runs the business. It is responsible for the management of the association’s assets and the execution of the association’s decisions. The treasurer administers financial interests and is authorised to sign all payment orders.
The executive board is elected by the general assembly for a two year period. However, it remains in office until a new executive board is properly elected. Re-election is possible.
Upon the resignation of a member of the executive board, the remaining members reserve the right to co-opt for a replacement member until the next general assembly.
The board meeting may also be held by video or telephone conference as well as online meeting. Decisions can also be made by email.
§7 The General Assembly
A regular general assembly is summoned at least once every two years by the executive board. The members are to be invited in writing by publication of the agenda and giving at least 4 weeks notice. The executive board has a duty to and can call an extraordinary general assembly at any time at the request of at least a third of the members in a month. It must also give at least 2 weeks notice for this. Following the regular invitation process, the general assembly constitutes a quorum regardless of the number of members present. The general assembly has the following functions:
- Election of the executive board
- Election of two cash auditors for the duration of two years, who should not be members of the acting executive board. The annual financial report can also be done by a professional external auditor.
- Receiving reports from the board and the cash auditors as well as granting discharge.
- Establishing the amount of membership fees
The president chairs the executive board during the general assembly. Should he be prevented from doing so, one of his appointed deputies will take over. All decisions will be taken by a simple majority of votes of the members who attend or are represented, unless the charter specifies a different majority. Casting a vote by proxy is permissible on obtaining written authorization. In this way, a member can represent a maximum of two other members through written proxy.
The election of members of the executive board and the cash auditors takes place in writing. In the event of a tie, elections are decided by lots and other decisions by the vote of the assembly chair.
§ 8 Minutes of the meetings
Minutes will be taken for the general assembly and board meetings which are to be signed by the chair and the minute taker.
§ 9 Finances
The yearly fee will be suggested by the executive board and will be decided by the general assembly.
NYEX is also supported additionally by donations, contributions by patrons, foundations and other institutions or income from discretionary administered foundations.
All donations and other income should not be linked with conditions and will only be used to fulfil the aims of NYEX. The independence of NYEX will not be influenced by financial gifts. No one is permitted to benefit from expenditures which are foreign to the objectives of NYEX or from a disproportionately high remuneration.
§ 10 Changes to the Charter
Changes to the charter can only be decided by the general assembly. On invitation, the intended amendments can be provided stating the previous and proposed text. A decision that includes a change in the charter requires a three quarter majority among the members who attend or are represented.
§ 11 Privileges
No person should profit from expenditures which are foreign to the body’s objectives or from a disproportionately high salary.
§ 12 Dissolution
In the event that NYEX is dissolved or its tax privileges are discontinued, the assets of NYEX will devolve to a legal entity under public law or another body which is eligible for tax privileges ensuring that the assets will be used in accordance with the purposes defined in §1 of the charter.
Revised Charter, July 31st 2015