Statutes
The German version is binding
1. Name, domicile and affiliation
(1) The association carries the name “WhizzBang!”; after registration with the addition “e.V.” It is to be entered in the register of associations.
(2) The association is part of the European WhizzBang! Collective, organised in the non-profit WhizzBang! AISBL (Brussels).
(3) The association is incorporated in Kassel (Germany). The association year begins on 1 July and ends on 30 June of the following year.
(4) Only the German language version of these Articles of Association is binding.
2. Purpose and non-profit-making character.
2.1 Purpose
(1) Promotion of consumer counseling and consumer protection;
(2) The association pursues exclusively charitable purposes in accordance with German law, namely the purpose of promoting consumer advice and consumer protection (main purpose), as well as fundraising for charitable purposes (secondary purpose).
(3) As part of the fulfilment of its purpose, it represents the interests of consumers by providing information and advice on a non-commercial and not merely temporary basis, in particular
by
a. the provision of information (usually in digital form),
b. counselling consumers on their rights.
(4) Its activities are not regionally restricted.
(5) The organisation’s purpose is achieved with particular regard to the realities of European integration, its current effects on consumers and the challenges facing further European integration.
(6) This work shall include, in particular, the protection of consumers’ interests with regard to their health, protection against exploitation, both in economic terms and with regard to the exploitation of their attention (“attention economy”), against discrimination and the protection of their personal data, their freedom of choice (including the right to an informed decision).
(7) This includes, in particular, the concerns and interests of persons who reside, live, work or pursue an education in a country other than the country of their birth or the country of their nationality (“expats”).
(8) In particular, the goal is also to secure, expand and intensify the participation of all in the benefits of European integration and to mitigate the disadvantages of transformation processes in order to complete the common area of freedom, security and justice, because it is our conviction that the fate of our Union will be decided by the fate of the most marginalised people.
(9) It is also an objective to improve access to harmonised law in the Member States (including the future candidate countries).
2.2. Non-profit-making character
(1) The association is a non-profit organisation and
primarily for its own economic purposes or with the intention of making a profit.
(2) In their capacity as members, the members of the association do not receive any benefits from the association’s funds.
(3) No person may be favoured by
a. expenses that are alien to the purpose of the association or
b. by disproportionately high remuneration.
(4) The Association’s funds may only be used for the purposes set out in the Articles of Association.
3. Membership, exclusion, contribution
(1) Legal persons may become members of the association if
a. their purpose does not conflict with the objectives of the association and
b. they act without any commercial interest of their own.
(2) Admission can be applied for informally.
(3) The Executive Board decides on the application for membership.
(4) Membership is subject to membership fees. Further details are stipulated in a membership contract.
(5) Membership ends with the resignation of a person or the loss of legal capacity. The declaration of resignation does not require any form.
(6) Members can be excluded by resolution of the General Assembly if their behaviour is incompatible with the objectives of the association. Expulsion requires a majority of the members present, whereby the member whose expulsion is being voted on has no voting rights.
(7) The membership of individuals whose membership was already in existence prior to the entry into force of these Articles of Association shall remain unaffected.
4. The Bodies
4.1 The General Assembly
(1) The General Assembly of Members shall meet at least once per calendar year. It may be convened at the written request of 1/3 of the members or by the Executive Board.
(2) The invitation period is one week.
(3) An agenda does not have to be attached to the invitation.
(4) If there are motions to amend the Articles of Association, this fact should be pointed out without the individual amendments having to be named. The invitation must be in text form.
(5) The meeting of the general assembly may also be held at a location other than the registered office of the association. The location shall be determined by the Executive Board at its reasonable discretion. However, in the case of a general meeting that must be held at the request of some of the members, this general meeting must be held at the registered office.
4.2 Executive Board and management
(1) The General Meeting elects an Executive Board consisting of a maximum of three persons (otherwise the General Meeting decides on the specific number of Executive Board members in which the Executive Board is elected). The Executive Board represents the Association in and out of court (in each case) and manages the business alone. The Executive Board is responsible for notarising the resolutions of the General Meeting. Its term of office is five years, unless the General Meeting elects a new Chairman beforehand. The Executive Board shall appoint a Managing Director who shall represent the Association alone in and out of court, in particular in legal disputes and in day-to-day administrative business.
(2) The Executive Board – acting on behalf of the Association – shall conclude an employment contract with the Managing Director.
(3) If, due to death or illness, the Executive Board is unable to manage the Association’s business for an expected period of more than four weeks, the Managing Director is responsible for organising a general meeting to elect a new Executive Board without delay, but generally within eight weeks.
(4) Both the Executive Board and the Managing Director are exempt from the restrictions of Section 181 BGB [German Civil Code] with regard to the representation of the other body or the association, but with the following restriction: When concluding, extending and terminating the employment or service contract of the Managing Director, including any legal acts in connection with the content and/or organisation of the employment or service relationship of the Managing Director, the Managing Director is subject to the restriction of Section 181 BGB.
(5) The executive bodies are free to use a gender-sensitive form for the designation of their office.
5. Votes, elections and amendments to the statutes
(1) The following applies to voting: a motion is adopted if it receives more votes in favour than against.
(2) Amendments to the statutes require a two-thirds majority of the members present at the general meeting.
6. Dissolution and clause of terminal donation
The dissolution of the association requires a majority of ¾ of the votes cast and the simultaneous presence of at least ¾ of the members of the association at the general meeting. If the association is dissolved or cancelled or if tax-privileged purposes cease to exist, the assets shall be transferred to the association
EuroConsum e.V. (Kassel)
on condition that they are used directly for recognised charitable purposes (in accordance with the law of the Federal Republic of Germany).
Statutes rewritten at the general meeting on 1 March 2024.