top of page

Statutes of the association “Legal Leverage Platform (LLP) e.V.”

Important Legal Note!
This is not a legally binding translation. A legally binding version is only available in German.

Table of Contents

Section 1 – The Association
  §1 Name, registered office, registration, financial year
  §2 Non-profit status, purpose and tasks of the association
Section 2 – The Members
  §4 Types and start of membership
  §5 Simple membership, supporting membership
  §6 Qualified membership
  §7 End of membership
  §8 Exit
  §9 Exclusion
Section 3 – Bodies
  §10 Organs of the association
Subsection 1: The general meeting
  §11 Calling the general meeting
  §12 Subsequent requests for the agenda
  §13 Extraordinary general meetings
  §14 Tasks of the general meeting
  §15 Resolution of the general meeting
Subsection 2: The Board of Directors
  §16 The Board
  §17 Meetings of the Board of Directors
  §18 Administrative changes to the statutes
Subsection 3: The Board of Trustees
  §19 Establishment of a board of trustees
  §20 Duties and powers of the Board of Trustees
Subsection 4: The Auditor
  §21 Auditor
Section 4 – Election Procedures and Removal
  §22 Election procedure in the general meeting
  §23 Term of office of the board
  §24 Dismissal of the Board of Directors
Section 5 – The Association’s Finances
  §25 Handling of the association's funds
  §26 Reimbursement of expenses
  §27 Prohibition of preferential treatment
Section 6 – Dissolution of the Association
  §28 Dissolution of the association and binding of assets
  §29 Liquidators

Status of the Statutes

Section 1 – The Association

§1 Name, registered office, registration, financial year
(1) The association is called “Legal Leverage Platform (LLP)”.
(2) It is based in Regensburg.
(3) It should be entered in the register of associations and, after registration, has the suffix “registered association” in its name, in the abbreviated form “e.V.”
(4) The association's financial year is the calendar year.

§2 Non-profit status, purpose and tasks of the association
(1) The association pursues exclusively and directly charitable purposes within the meaning of the “Tax-privileged purposes” section of the tax code.
(2) The purpose of the association is:

  • the free promotion of legal enforcement for socially disadvantaged groups as well as science and research on this subject. The groups named in Section 52 Paragraph 2 No. 10 AO as well as those whose support is charitable within the meaning of Section 53 AO are considered socially disadvantaged.

  • the promotion of science and research, especially law and

  • Social sciences i. S. d Section 52 Paragraph 2 No. 1 AO

  • the promotion of student aid i. S.d. Section 52 Paragraph 2 No. 7 AO

  • the promotion of nature conservation i. S.d. Section 52 Paragraph 2 No. 8 AO

  • the promotion of occupational safety i. S.d. Section 52 Paragraph 2 No. 12 AO

  • the promotion of animal protection i. S.d. Section 52 Paragraph 2 No. 14 AO

  • the promotion of consumer advice and consumer protection i. S.d. Section 52 Paragraph 2 No. 16 AO

  • the promotion of care for prisoners and former prisoners i. S.d. Section 52 Paragraph 2 No. 17 AO

  • the general promotion of the democratic state within the scope of the AO i. S.d. Section 52 Paragraph 2 No. 24 AO and

  • the promotion of civic engagement for charitable, charitable and church purposes i. S.d. Section 52 Paragraph 2 No. 25 AO

    (3) Within the framework of the legal requirements, including those on non-profit status and the Legal Services Act, the purpose of the association can be achieved in particular through the following activities:

    a) individual advice and support for needy legal seekers;
    b) researching and providing information to potential legal seekers or the wider public;
    c) raising awareness and training young lawyers for the goals and fields of activity of the association;
    d) researching and reflecting on topics within the context of the association's activities, in particular through lectures and publications. The association can take action itself, alone or in cooperation with other people or institutions, as well as promote the activities of others.

    (4) The association's activities include the operation of the “Refugee Law Clinic Regensburg (RLCR)” as part of a cooperation with the University of Regensburg (UR) and, if necessary, other people and institutions. The details are regulated in §3.
    (5) The association works selflessly. It does not primarily pursue its own economic purposes. The association's funds may only be used for statutory purposes. Further details are provided in Section 5.
    (6) Business of the RLCR and any other projects of the association are those of the association.

    §3 Refugee Law Clinic Regensburg
    (1) In the RLCR, students at the University of Regensburg and other suitable persons advise and support asylum seekers and other refugees free of charge in exercising their rights. You will receive professional support from staff from the UR Faculty of Law and from cooperating lawyers. The RLCR can take on further activities within the scope of the association's purpose in agreement with the association's board.
    (2) Students, former students, employees and former employees of the UR and Ostbayerische Technische Hochschule (OTH) as well as legal trainees can actively participate in the activities of the RLCR. Groups other than those mentioned can take part, provided that appropriate advisory skills are guaranteed. This participation is linked to a fee-free, simple membership in the association. It requires a written application to the association's board and the willingness to actively participate in the RLCR's area of activity. In order to ensure the legal requirements and the quality of the operation of the RLCR, it can be made dependent on further requirements. The application can be rejected for capacity reasons and if the conditions for exclusion in accordance with Section 9 of these statutes are met.
    (3) The RLCR forms a meeting of its employees, which meets at least once a semester and – subject to paragraph 4 – is responsible for all essential decisions. To conduct the business of the RLCR, the assembly elects a management council, which in turn elects a speaker and his deputy from among its members. The board can do this until the employee meeting has appointed a management council and this one or more speakers. The RLCR bilThere is also a specialist council that supports the RLCR's advisory activities. It includes at least one fully qualified lawyer and other qualified people; The majority of the specialist council members must have successfully passed at least one state law examination. Participation in the specialist council is linked to a simple, fee-free membership. The RLCR can also form an advisory board.
    (4) The spokesman for the RLCR regularly reports to the association's board about the activities of the RLCR and takes part in its meetings in an advisory capacity. The association board can issue instructions to the RLCR for important reasons. In particular, he ensures that the RLCR's advisory activities are within the scope of the association's purpose and the legal regulations, including those on non-profit status.
    (5) Otherwise, unless otherwise stipulated in these statutes, the RLCR is free to form its will and act. It organizes its decision-making and working methods in accordance with the principles laid down here in its own rules, which it reports to the Board of Directors - even in the event of any changes.

Section 2 – The Members

§4 Types and start of membership
(1) The types of membership include simple membership, supporting membership and qualified membership.
(2) Any person with full legal capacity who supports its goals can become a member of the association. The application for admission must be submitted in writing to the board.
(3) The board decides on the application. The general meeting can be appealed against a negative decision. The decision on the application in accordance with Section 3 Paragraph 2 Sentence 1 can be transferred to a qualified person.

§5 Simple membership, supporting membership
(1) Fully legally competent natural persons and legal entities can join the association as a simple member or supporting member.
(2) Ordinary members and supporting members may take part in the general meetings and are entitled to make proposals and speak, but are not entitled to vote, actively or passively. The participation rights from §3 paragraphs 3 to 5 remain unaffected.
(3) Simple memberships are generally free of charge. Upon joining or at any time later, every ordinary member can declare to the board in text form that they will pay an annual contribution of a freely definable amount and thereby become a supporting member.

§6 Qualified membership
(1) Qualified members are entitled to vote and vote.
(2) Qualified membership is acquired through
a) Founding membership or
b) the application of a member and its acceptance by the board.
The application can only be submitted after six months of basic membership at the earliest. This deadline can be waived in individual cases if the board decides unanimously.

(3) Qualified members are obliged to pay contributions in accordance with the contribution regulations to be approved by the general meeting.

§7 End of membership
Membership ends through resignation, exclusion or death.

§8 Exit
(1) Resigning from the association is only possible at the end of each calendar year.
(2) This takes place by means of a written declaration to the board, giving two weeks' notice.

§9 Exclusion
(1) A member can be excluded from the association if:
a) has seriously violated the goals and interests of the association,
b) is more than three months late in paying the membership fee despite a reminder
or
c) for any other important reason.
(2) The board can provisionally suspend the member in the circumstances mentioned in paragraph 1 until the next general meeting. At the request of the board, the general meeting decides on the exclusion with a simple majority.
(3) The member must be given the opportunity to comment on the matter before the resolution is passed.

Section 3 – Bodied

§10 Organs of the association
The organs of the association are the general meeting and the board. The board of trustees, the auditor and other responsible persons in the association's areas of activity are not bodies.

Subsection 1: The general meeting

§11 Calling the general meeting
(1) The general meeting must be convened at least once a year.
(2) The meeting is called in text form by the board, with a notice period of at least two weeks and the agenda is announced at the same time. The invitation is deemed to have been received by the member if it is sent to the last residential or email address that was communicated to the board by the member in text form.

§12 Subsequent requests for the agenda
(1) Every member can apply to the board in text form no later than three days before the day of the general meeting to have further matters subsequently added to the agenda. The chair of the meeting must amend the agenda accordingly at the beginning of the general meeting.
(2) The general meeting decides on applications that are only made at the general meeting.

§13 Extraordinary general meetings
(1) The board can call an extraordinary general meeting at any time, taking into account the regulations for calling a general meeting.
(2) It must be convened if there is an important reason for this and a quarter of the members request this with written reasons.
(3) The regulations regarding the ordinary general meeting apply accordingly.

§14 Tasks of the general meeting
(1) The general meeting is fundamentally responsible for all tasks that are carried out in accordance with this Articles of Association have not been transferred to anyone else. It monitors the actions of the board and determines the association's guidelines.
(2) The general meeting advises and decides in particular

a) the distribution of tasks within the association, as long as it is not laid down in these statutes,
b) the annual report of the board of directors,
c) the contribution regulations,
d) Amendments to the statutes,
e) the dissolution of the association and
f) the election and dismissal of the members of the board.

§15 Resolution of the general meeting
(1) The general meeting is chaired by a board member. If no board member is present, the meeting appoints a leader by a simple majority.
(2) The chair of the meeting maintains the order of the meeting. To this end, he can prevent members from speaking and exclude individual members from the meeting if they have grossly or repeatedly disrupted the meeting. If a member is excluded, he or she may not take part in voting and must leave the meeting immediately. Such decisions can be brought about by the general meeting.
(3) Minutes must be kept of the general meeting. This is led by a secretary appointed at the beginning of the meeting. It should contain the following statements:
a) Place and time of the meeting,
b) the person chairing the meeting and the secretary,
c) the number of members present,
d) the agenda and
e) the individual voting results and the type of voting.

The minutes must then be signed by the chairman of the meeting and the secretary.

(4) Voting is chaired by the chair of the meeting. They are generally carried out using a show of hands. The vote must be taken in writing if a third of the voting members present request this.
(5) The general meeting is not public. The chair of the meeting can admit guests, if necessary also with regard to selected agenda items. The general meeting decides on the admission of the press, radio and television.
(6) Every general meeting called in accordance with the statutes is considered to have a quorum, regardless of the number of club members present. Each member has one vote. Members who attended can only subsequently refer to deficiencies in the summons if they have put this on record during the meeting.
(7) The general meeting passes its resolutions with a simple majority of the votes cast. In the event of a tie, an application is considered rejected. Amendments to the statutes require a majority of two thirds of the votes cast.
(8) Changes to the purpose of the association (§2 paragraph 2) must be decided upon with a majority of four fifths of the members present.
(9) Votes of the general meeting and their results must be recorded in the minutes.

Subsection 2: The Board

§16 The Board
(1) The board consists of three members.
(2) The association is represented individually by each board member in and out of court in accordance with Section 26 of the German Civil Code (BGB).
(3) The board is responsible for managing the day-to-day business of the association. He can, by resolution, transfer management powers for day-to-day administration to one or more people.

§17 Meetings of the Board of Directors
(1) The call to board meetings is made by a member of the board by announcing it to the other board members and other persons entitled to attend.
(2) The board makes its resolutions with a simple majority. Abstention is not permitted. The resolutions passed must be recorded in writing and signed by the board.
(3) Resolutions of the Board of Directors can also be made using means of distance communication. Board resolutions made in this way must be put down in writing and signed immediately.

§17 Meetings of the Board of Directors
(1) The call to board meetings is made by a member of the board by announcing it to the other board members and other persons entitled to attend.
(2) The board makes its resolutions with a simple majority. Abstention is not permitted. The resolutions passed must be recorded in writing and signed by the board.
(3) Resolutions of the Board of Directors can also be made using means of distance communication. Board resolutions made in this way must be put down in writing and signed immediately.

§18 Administrative changes to the statutes
The Board of Directors can unanimously decide on changes to the Articles of Association that are required by supervisory, judicial or financial authorities for formal reasons. The changes must be communicated to all club members immediately in writing.

Subsection 3: The Board of Trustees

§19 Establishment of a board of trustees
The general meeting can set up a board of trustees. The general meeting determines the number of its members, their selection and details regarding the organization of its activities and procedures in a board of trustees regulations. Otherwise, the regulations regarding the internal organization of the Board of Directors apply accordingly to the Board of Trustees.

§20 Duties and powers of the Board of Trustees
The board of trustees is responsible for providing advice and support to the association in pursuing its statutory purposes. It can influence the board and general meeting through professional statements and recommendations.

Subsection 4: The Auditor

§21 Auditor
The auditor has the task of checking invoice documents and their proper accounting and use of funds, as well as determining the cash balance for the previous calendar year at least once a year. Except in cases of obvious abuse, the review does not extend to the appropriateness of the expenditure incurred by the board. The auditor must inform the general meeting of the results of the audit.

Section 4 – Election Procedures and Removal

§22 Election procedure in the general meeting
(1) The chairman of the meeting appoints a returning officer. This person may not be a member of the board.
(2) The returning officer monitors the order of the election. In particular, he has to accept election proposals and monitor the casting and counting of votes.
(3) The election of the board is made in writing and secretly. All qualified members of the association who attend the meeting are entitled to vote actively and passively.
(4) The election of the three board members takes place in one ballot in which each member entitled to vote may cast up to three votes, whereby cumulating votes for one candidate is not permitted and invalidates the ballot paper. The three candidates who receive the most votes are elected.
(5) The auditor is elected in a further round of voting. Otherwise, §23 applies accordingly.
(6) The person of the returning officer, the election and its results must be recorded by the secretary.

§23 Term of office of the board
(1) The term of office of the board lasts two years from the day of the election. The current board members remain in office after their term of office has expired until successors have been effectively elected.
(2) The re-election of board members is possible.
(3) If a member of the board resigns during the term of office, the board is unanimously supplemented by a replacement member from among the qualified members of the association for the remaining term of office of the person who has left.

 

§24 Dismissal of the Board of Directors
The individual members of the board can be dismissed by the general meeting at any time if they have grossly breached their duties or are no longer able to carry out proper management. A corresponding resolution of three quarters of the votes cast is required for dismissal.

Section 5 – The Association’s Finances

§25 Handling of the association's funds
The association's financial resources may only be used to promote the association's purpose.

§26 Reimbursement of expenses
The members and the board can demand reimbursement from the association for the expenses necessary for the association's activities.

§27 Prohibition of preferential treatment
No person may benefit from expenses that are alien to the purpose of the corporation or from disproportionately high remuneration. The members do not receive any benefits from the association's funds due to their membership.

Section 6 – Dissolution of the Association

§28 Dissolution of the association and binding of assets
(1) For the decision to dissolve the association, a majority of four fifths of the qualified members present at the general meeting is required.
(2) If the association is dissolved or abolished or if tax-privileged purposes cease to exist, the association's assets go to the UR, which must use them directly and exclusively for charitable purposes in connection with the Refugee Law Clinic Regensburg or similar charitable purposes.

§29 Liquidators
The board members in office are appointed as liquidators, unless the general meeting decides otherwise.

Status of the Statutes

The above content of the statutes was decided at the general meeting on November 23, 2015 and supplemented at the general meeting on April 28, 2023.

Important Legal Note!

This is not a legally binding translation. A legally binding version is only available in German.

 

bottom of page