From 2b6acee79003a4e0d4bd251da3ee61dac659e4d6 Mon Sep 17 00:00:00 2001 From: Simon Repp Date: Wed, 16 Dec 2020 19:54:39 +0100 Subject: [PATCH] Align line numbers of english bylaws with german original --- en/bylaws.md | 21 +++++++++++++++++++-- 1 file changed, 19 insertions(+), 2 deletions(-) diff --git a/en/bylaws.md b/en/bylaws.md index 16d434f..095b57e 100644 --- a/en/bylaws.md +++ b/en/bylaws.md @@ -1,7 +1,5 @@ # Bylaws - Please note: This is an unofficial English translation of the German bylaws document. The official German version is the only legally binding document. Please see the Readme in the parent directory for further information. - ## Preamble The creation of Free Software is experiencing an unbroken boom due to the general availability of the Internet and the resulting network effects. The number of people involved in development of Free Software is growing exponentially. Effective collaboration in larger, international and geographically separated groups has only become possible with the introduction of new software tools and collaboration platforms. @@ -14,6 +12,7 @@ As Codeberg e.V., we are convinced that the process of software creation, its do Therefore, the purpose of Codeberg e.V. is the creation and operation of a free collaboration platform for the creation, archiving and preservation of code and the documents of its development processes, as well as the improvement, customization and integration of already existing free software tools for making this platform possible. Dependencies on external and proprietary services for the operation of the platform are specifically avoided in order to not endanger the independence, autonomy and existence of the platform. + ## § 1 Name, seat and fiscal year (1) The name of the association (German *Verein*) is "Codeberg e.V.", in the following referred to as "association". @@ -22,6 +21,7 @@ Therefore, the purpose of Codeberg e.V. is the creation and operation of a free (3) The fiscal year is the calendar year. + ## § 2 Purpose and tasks (1) The purpose of the association is to promote the creation, collection, distribution and preservation of Free Content (Open Content, Free Cultural Works) and Free and Open Source Software (FOSS) and their documentation in selfless work to enable equal opportunities regarding the access to knowledge and education. Furthermore this also intends to raise awareness for the social and philosophical questions interconnected with this. @@ -43,6 +43,7 @@ Therefore, the purpose of Codeberg e.V. is the creation and operation of a free (7) Means of the association may only be used for purposes in accordance with the bylaws. Members in their role as member do not receive financial support from the funds of the association. Members are not allowed to receive parts of the association's assets when leaving, or during a forced or voluntary dissolution of the association. No person may receive financial benefits for reasons which are not in accordance with the association's purposes, neither may anyone receive excessive benefits. + ## § 3 Membership (1) Every natural person, legal person or legal partnership can become a member. @@ -53,6 +54,7 @@ Therefore, the purpose of Codeberg e.V. is the creation and operation of a free (4) Natural persons who have contributed in an outstanding way to the association can be named honorary members. For this, a resolution from the association's general assembly is required. + ## § 4 Rights and duties of the members (1) Members are permitted to attend all offered events of the association. Additionally, they have the right to submit requests to the the Presidium and the general assembly. @@ -67,6 +69,7 @@ Therefore, the purpose of Codeberg e.V. is the creation and operation of a free (6) The positions in the association are held on a voluntary basis. + ## § 5 Begin and end of the membership (1) The membership must be applied for in writing to the executive board. Application via email or online form is permitted. The board decides over the application if the Presidium does not contradict it. The board is not obliged to inform the applicant about the reasons for disapproval. The disapproved applicant can call the general assembly to take a final decision on his application. @@ -83,10 +86,12 @@ Therefore, the purpose of Codeberg e.V. is the creation and operation of a free (7) The membership ends with removal if the address of the member is unknown against § 4 paragraph 2 sentence 2 or if in spite of two reminders at a minimum interval of two weeks the membership fee was not paid. The second reminder must have been sent in written form and must contain a notice of the removal. After expiry of a declaration period of three months, the membership ends automatically. The period starts with the sending of the second reminder. + ## § 6 Membership fees (1) The amount of the annual membership and admission fees is determined by the fee regulations (German *Beitragsordnung*) which are decided on by the general assembly. + ## § 7 Bodies of the association (1) The bodies of the association are: @@ -97,6 +102,7 @@ b) the presidium c) the executive board + ## § 8 General assembly (1) The highest body of the association is the general assembly. The general assembly has to decide over fundamental questions and issues of the association. In particular it has the following tasks: @@ -143,6 +149,7 @@ d) Further details are specified by the election regulations. (7) Decisions of the general assembly are recorded in a protocol and are signed by the executive board and two members of the presidium. The protocol has to be made available to the members within four weeks of the assembly. It becomes valid if there were no objections raised within four weeks after publication from a member of the presidium or the chairperson of the meeting or at least 10 % of the attending members. + ## § 9 Voting rights and quorum (1) Each member with voting rights has one vote. The voting right is not transferable. @@ -153,6 +160,7 @@ d) Further details are specified by the election regulations. (4) Changes to the bylaws and decisions for the dissolution of the association require a majority of two thirds of the recorded votes. Changes to the bylaws may only be voted upon if this item has already been mentioned in the agenda inside the invitation to the general assembly (within the period specified in the bylaws) and if the current and proposed text of the bylaws were appended to the invitation. + ## § 10 Presidium (1) The presidium consists of five representatives elected by the general assembly. The presidium may co-opt up to two additional electable members of the association into the presidium for their period of office with a two-thirds majority vote. @@ -176,6 +184,7 @@ d) Further details are specified by the election regulations. (6) If a member of the presidium severely violates the regulations or the interests of the association or repeatedly and heavily interferes with the work of the presidium, it can be suspended from its position with immediate effect, given an important reason. The presidium decides over the suspension with a majority of two-third. Prior to the decision, the member of the presidium must be granted the possibility to comment on the accusations made. The rights and duties resulting of the position of the concerned person lie dormant for the period of suspension. At longest, the suspension stays in effect until the next general assembly. If the term of office does not end by then anyway, the members of the association decide over a dismissal from the presidium. + ## § 11 Resolutions by the presidium (1) The presidium decides by simple majority. The presidium is competent if at least half of its members participate in the vote. Abstentions and invalid votes are considered as missed votes. @@ -188,6 +197,7 @@ d) Further details are specified by the election regulations. (5) Further details are determined by the business regulations of the presidium. + ## § 12 Executive board (1) The executive board according to § 26 BGB (German *Civil Code*) must consist of at least one person. The presidium can order more people to the board. Board members must be members of the association, but may not be part of the presidium. @@ -216,6 +226,7 @@ d) Further details are specified by the election regulations. (8) The executive board is allowed to perform changes to the bylaws if they are required by the registration court, the financial offices or by laws for associations and taxes, or if they are editorial. All members must at the latest be informed at the following general assembly. + ## § 13 Cash auditing (1) The general assembly elects at least one and up to four cash auditors for the duration of one year. If more than one cash auditor retires before the end of its period of office, all vacant positions must be remotely re-elected for the rest of the current period of office. @@ -224,6 +235,7 @@ d) Further details are specified by the election regulations. (3) The presidium must call for an immediate extraordinary general assembly if the cash auditors request it in written form and with provided purpose and reasons. The application is only valid if its necessity is grounded in the findings of a cash audit. + ## § 14 Dissolution of the association (1) In case of dissolution of the association or in case of discontinuation of its previous non-profit purposes, the assets of the association will be transferred to a public corporation or to a corporation recognized as tax-privileged, which must use them directly and exclusively for the promotion of education in the sense of the bylaws. The recipient is determined by the general assembly at the same time as the decision to dissolve the association. @@ -234,6 +246,9 @@ Location, Date Blankenfelde-Mahlow (Germany), 9th September 2018 + + + # Fee regulations ## § 1 Amount of contributions @@ -246,6 +261,7 @@ Blankenfelde-Mahlow (Germany), 9th September 2018 (4) Honorary members are exempted from payments as stated in the bylaws. + ## § 2 Discounts (1) For members with limited financial means (e.g. pupils, students, unemployed, pensioners and social welfare recipients), the minimum membership fee can be reduced upon request. @@ -254,6 +270,7 @@ Blankenfelde-Mahlow (Germany), 9th September 2018 (3) The board decides the written application for a discount of the membership fee on the basis of paragraph 1. + ## § 3 Due date / Payment method (1) Members determine their payment interval at registration. Fees can be either paid monthly, quarterly, half-yearly or yearly.