Articles of Association
§ 1 Name, registered office, registration and financial year
- The name of the association is Kooperative für Freinet-Pädagogik e.V.
- The association is based in Bremen.
- The association is entered in the register of associations at Bremen Local Court.
- The financial year is the calendar year.
§ 2 Purpose of the association
(1) The purpose of the association is the implementation, dissemination and further development of Freinet pedagogy. The Cooperative for Freinet Pedagogy understands this to mean a pedagogy that focuses on the emancipation of learners. The Cooperative for Freinet Pedagogy is part of the reform pedagogical movement and is open to currents that pursue the same objectives.
The aim of Freinet pedagogy is to influence educational policy and change pedagogical action in accordance with the following principles:
- Free development of the personality
- Personal responsibility
- Dealing with the environment
- Democracy in the learning group
The purpose of the statutes is realized through the cooperation of interested educators – also on an international level. In order to support and implement the formulated goals, the Cooperative for Freinet Pedagogy e.V. operates an educational organization called ‘Questions and Experiments’. The Bildungswerk is an institution of the association and is based in Bremen.
In order to promote the objectives of the association, the association supports the establishment and work of regional associations and groups that pursue the same objectives in accordance with the articles of association.
The association pursues exclusively and directly charitable purposes within the meaning of the ‘tax-privileged purposes’ section of the German Tax Code, namely the promotion of education and vocational training.
(2) The association is selflessly active and does not primarily pursue its own economic purposes. The Association’s funds may only be used for the purposes set out in the Articles of Association. Members shall not receive any benefits from the Association’s funds.
(3) If the association is dissolved or if tax-privileged purposes cease to exist, the assets of the association shall be transferred to another tax-privileged corporation, which must use them exclusively and directly for tax-privileged purposes. The remaining assets shall be transferred to a non-profit organization with educational purposes.
Resolutions of the association on the future use of the assets may only be implemented after the approval of the tax office.
§ 3 Acquisition of membership
(1) Any person or group may become a member of the Association.
Admission can be applied for verbally or in writing to the board of the association, stating the name, status, age and home.
Minors must provide written consent from their legal representatives.
By submitting the application, the applicant recognizes the statutes in the event of admission.
The Executive Board decides on admission. It is not obliged to disclose the reasons for rejection. In the event of rejection by the Executive Board, the applicant has the right to appeal to the ordinary General Meeting. This then makes the final decision.
§ 4 Rights and obligations of members
(1) The members are obliged to promote the purpose of the association to the best of their ability and to protect the interests of the association. Resolutions and directives of the General Meeting must be complied with.
(2) Members of the association have equal voting rights at the general meeting.
Voting rights may not be transferred.
§ 5 Association assets
(1) The membership fee is determined by the general meeting.
(2) All contributions, income and funds of the Association shall be used exclusively to achieve the Association’s objectives.
(3) No one may benefit from expenses that are alien to the purpose of the association or from disproportionately high remuneration.
(4) The members may not receive back more than the fair market value of any contributions in kind made if they leave the association, if it is dissolved or abolished or if its previous purpose ceases to exist.
§ 6 Termination of membership
(1) Membership ends through death, resignation, dissolution of the group or expulsion.
(2) The voluntary resignation of an association member can only take place at the end of the year with one month’s notice. It must be made in writing.
(3) If there is good cause, a member may be expelled from the Association by resolution of the General Meeting. In particular, an offense contrary to the purposes of the Association shall be considered good cause. The member threatened with expulsion must be given the opportunity to justify their position before the resolution on the expulsion motion is passed.
§ 7 Bodies of the Association
(1) The bodies of the Association are the Executive Board and the General Meeting.
§ 8 Executive Board
(1) The Executive Board consists of
- the first chairperson with signing authority
- the second chairperson as his/her deputy with signing authority
- and one to five assessors.
The majority of the board members must work in educational professions.
(2) The chairpersons are the managing directors. The first chairperson or the second chairperson – each alone – shall represent the association in and out of court within the meaning of Section 26 (2) of the German Civil Code (BGB) to the extent necessary in accordance with the resolutions of the General Meeting and the Executive Board.
(3) The Executive Board manages the day-to-day business of the association. It is responsible for the administration of the Association’s assets. Board activities are generally carried out on an honorary basis. However, the Board of Directors may, if necessary, decide to remunerate expenses in accordance with § 3 No. 26a EStG.
(4) The Board of Directors is elected for a term of two years by the Annual General Meeting. The election takes place in writing by secret ballot. The Board of Directors may be voted out of office by the General Meeting at any time before the end of its term of office. Once the term of office has expired, the members of the Executive Board remain in office until a new election is held. If a member of the Executive Board resigns before the end of the term of office, the Executive Board may appoint a member of the Association until the next General Meeting.
(5) The Board of Directors passes its resolutions in Board meetings convened by the Chairman. The Board of Directors is quorate if more than half of the Board members are present.
(6) The Executive Board passes resolutions by a simple majority of votes cast by the members of the Executive Board. In the event of a tie, the motion is deemed to have been rejected.
§ 9 Ordinary General Meeting
(1) The General Meeting shall be convened by the Executive Board at least once every two years.
(2) The members shall be invited in writing, stating the agenda and observing a notice period of six weeks.
(3) The Board of Directors is obliged to hold a general meeting within six weeks of
if this is requested in writing by at least 10% of the members of the Association, stating an item to be discussed, or if the interests of the Association so require. In urgent cases, the notice period may be reduced to fourteen days.
(4) The Executive Board shall ensure that members of the Association can participate in the General Meeting without being present at the meeting venue and can exercise their membership rights by means of electronic communication, for example via video conferencing.
(5) Resolutions are passed by a simple majority of votes. In the event of a tie, the resolution shall be repeated. If the vote is again tied, the proposed resolution is rejected. A majority of ¾ of the members present is required for resolutions on amendments or additions to the Articles of Association, the dissolution of the Association and the exclusion of members.
(6) Minutes shall be kept of the proceedings and resolutions of the General Meeting. The chairperson of the meeting and the keeper of the minutes shall certify the minutes.
§ 10 Tasks of the General Meeting
(1) The General Meeting has the following tasks in particular:
- Election and discharge of the Executive Board
- Resolution on amendments and additions to the Articles of Association
- Control over the work of the Executive Board
- Passing resolutions on all fundamental matters of the association
- Resolution on instructions to the Executive Board
- Approval of all rules of procedure for the association
- Resolution on the association’s budget
- Determination of membership fees
- Election of the auditors and the keeper of the minutes
- Resolution on the dissolution of the association
§ 11 Dissolution of the Association
(1) The Association shall be dissolved by resolution of the General Meeting.
The above new version of the Articles of Association was adopted by the Annual General Meeting on April 30, 2022.
Bremen, 01.05.2022