Functions And Tasks
|Statute of the association "Community of the Saint Anargyroi Kosmas and Damian"
1. General conditions
Name, seat, legal form und business year of the association
The name of the association is "Community of the Saints Anargyroi Kosmas and Damian".
It has its seat at Essen.
After entry into the official register of associations it has acquired the suffix "e.V.".
According to canon law we are a private association with a legal personality. Therefore the rules of the Catholic canon law , especially the terms of the canonical law of associations can.298 to can. 311, as well as can. 321 up to 329 Codex Iuris Canonici from 1983 (CiC) amd the Essen diocesan law may be applied.
The business year is the calendar year.
Non-profit making character
The activities of the community are entirely for ecclesiastical and non-profit making purposes. So the paragraph "tax-exempt purposes" of the tax order is relevant.
The purpose of the association is realized by events and projects according to § 4 of the Statute.
The financial means of the association may be used solely for purposes in accordance with the Statute.
Purpose and tasks
The Community of the Saints Anargyroi Kosmas and Damian is a union of women and men formed to give free charitable therapeutic services in honour of the Saints Kosmas and Damian and following their example.
Implementation of the purpose of the association
The purpose and the tasks of the community are realized especially by
1. Practical, financial und therapeutic support of needy people.
2. Practical and financial support of projects and organizations which are engaged in accordance with the purpose of the association ( § 3; § 4 (1)).
3. Participation in the monthly celebration of the community service.
4. The internal order of the community is regulated by the Statute passed by the Assembly of the Members with a two thirds majority.
The start and termination of a membership and the membership fee
1. Any baptized Catholic as well as any baptized Christian of non-Catholic denominations or other ecclesiastic communities may become a member after their 18th birthday.
2. Legal persons may become supporting members They have a vote in the Assembly of the Members.
3. To be received into the Community you must make a request in writing.
4. The Managing Board will decide upon the reception of a person. They need not give reasons for their refusal of the applicant.
5. Membership ends
a) with the death of a member
b) by declaring withdrawal to the Board in writing
c) if the membership fee has not been paid twice in sequence
d) in serious cases, by expulsion after hearing the member to be expelled. The Board decides upon the expulsion. To appeal against an expulsion the member may ask for the office of the Diocese of Essen in mediation and for a final decision within ten days.
6. Each ordinary member pays an annual fee. The Assembly of the Members ( annual general meeting) decides the amount of the membership fee.
7. The obligation to contribute ends with the end of the calendar year in which the membership ended. There is no refund of contributions paid.
8. The Board decides upon a request for dispensation from the fee.
9. The Board also decides upon the reception of honorary members.
10. The Bishop of Essen is ex officio an honorary member.
11. Honorary members do not have to pay fees and have no vote in the Assembly.
III. The organization of the Community of the Saints Anargyroi Kosmas and Damian
The Community of the Saints Anargyroi Kosmas and Damian is organized in regional groups.
The Assembly of the Members decides upon the formation and the dissolution of a regional group.
The regional group is a legally not independent association of community members in that region.
A regional group elects a spokesman from its own ranks.
The spokesman of the regional group delivers an annual report to the Managing Board.
IV. Organs of the community
The organs of the Community are the Assembly of the Members (annual general meeting) and the Managing Board.
The Assembly of the Members (annual general meeting)
The general Assembly of the Members meets once a year. Apart from this, the Assembly has to be called if one third of the Members request it.
In connection with the meeting there is always a service in the Essen Cathedral as this is a prominent site for the veneration of the Saints Anargyroi Kosmas and Damian.
An invitation to the Assembly including the agenda must be sent to the Members by the Manager or the Deputy Manager in writing or by email.
The regularly summoned Assembly is competent to pass a resolution independent of the number of Members present. It passes resolutions by a simple majority of the Members entitled to vote. The casting vote of the Manager is decisive when there is a split vote.
An alteration of the Statute can only be made by two thirds of the Members. For an alteration of the Statute, permission must be given by the Diocese of Essen.
The Assembly of the Members decides upon the Statute of the Community (§ 4.4). A majority of two thirds of the members present is necessary for an enactment or an alteration of the Statute.
A record of the decisions of the Assembly signed by the Manager and the keeper of the minutes must be made and sent to all Members.
The Managing Board must give a detailed account of the activities and financial situation of the Community.
The Managing Board
The Managing Board consists of a manager, a deputy manager and an assessor.
According to § 26 BGB, the Board must consist of the Manager and the Deputy Manager. Each of them has the right of sole agency. With regard to internal affairs the Deputy Manager may only act as deputy if the Manager himself is unable to be present. The Board represents the association according to § 26 BGB in legal and extra legal proceedings.
Within the Community the Manager has the title of Leader. The Manager represents the community and acts for it with regard to internal and external affairs.
The Board is elected by the Assembly of the Members for two years by simple majority in a secret ballot.
The Board is responsible for all the matters of the Community that are not explicitly assigned to the Assembly, or for which the Statute of the Community (§4, 4) has ruled out special regulations.
The Board makes decisions with a simple majority and documents them.
The Board has the right to entrust charge of the current affairs of the Community to a manager. This Manager of Current Affairs must be a member of the Community.
If he is not a member or does not act without pay, his appointment must be confirmed by the Assembly of the Members.
The appointment of this Manager of Current Affairs must be made in detail and in written form.
The Clerical Advisor may take part in the session of the Board. He is elected by the Assembly of the Members for two years. He must be confirmed by the Bishop of Essen.
Appropriation of the property of the Community
The property of the Community may be used solely for non-profit making purposes in accordance with the Statute. Nobody may be favoured by administrative services or by disproportionately high compensations not corresponding to the purpose of the community.
In case of termination or liquidation of the Community, or through loss of its purpose so far, the property of the Community is given in equal shares to the Cosmas and Damian Hospice at Essen and to the foundation of the Spiritan Fathers ( Missionary Society of the Holy Spirit) at Knechtsteden.
The Managing Board is authorized to make changes of the Statute that are considered to be necessary by the registry court or the competent tax office, without summoning the Assembly of the Members again.
The foundation members of the association "Community of the Saints Anargyroi Kosmas and Damian" , who have signed below, have decided unanimously upon this formulation of the Community Statute to hand as entered at the Essen Municipal Court.
Cologne, July 31st, 2008