Articles of Association

 

§ 1 Name, Seat, Fiscal year

  1. The MGE has the name”Moroccan German experts e.V.”
  2. "Vonm MGE is Kenitra Morocco. The MGE can set up branch offices in the Federal Republic of Germany and in the Arab States.
  3. The business year is the calendar year.

§ 2 Purpose

 

1. The MGE has immediate moral purposes. It promotes cooperation between the Arab countries and the Federal Republic of Germany in the areas of trade, Industry, Finance and investment as well as understanding among Nations. This should be done in particular through following activities by MGE:

1.1. You informed about the Arab and German products/services and conducting exhibitions for the promotion of trade exchange;

1.2. She targeted meetings, Congresses and other events with the aim of, the performance of the Arab and German economy and the peculiarity of their products/services to present;

1.3. She collects legal and others in the Arab States and provisions applicable to Germany, relate to the work area, MGE, and publishes them regularly;

1.4. She documented information and publishes publications, inform the economy of all Arab States and the Federal Republic of Germany;

1.5. She shall inform the competent authorities of the Arab States and Germany about the situation of the other side in relation to economic, Trade and investment. This includes the enlightenment about mutual economic relations and solutions for these problems;

1.6. She published tenders with tender of Arabic authorities and companies, as well as tenders with tender of German companies and makes them accessible to candidates of both parties;

1.7. It provides support in the performance of official formalities relating to trade and commerce between the Arab States and the Federal Republic of Germany;

1.8. It promotes and develops the Arabian and the mixed Western region science and cultural institutions;

1.9. She promote two-way tourism between the Arab States and the Federal Republic of Germany;

1.10. It offers assistance in the framework of investment projects.

2. The MGE is selflessly; It does not primarily pursue commercial purposes.

3. The means of MGE may be used only for the statutory purposes. The members receive no grant funding by MGE.

4. No person may by spending, you are the purpose of MGE, or be favored by disproportionately high remuneration.

§ 3 Membership

The MGE is composed

– Honorary members
– ordinary members
– associate members

1. Honorary members are respectively. can be:

1.1. The heads of missions of the Arab States in Germany, the Director, as well as the Economic Council of the Mission of the League of Arab States, as well as the economic- and trade councils of Arab missions to the Federal Republic of Germany;

1.2. A representative of each of the economic, Commercial, Financial, and development ministries of respective Arab countries, a representative of each of the economic- and the Ministry of development of the Federal Republic of Germany, as well as a representative each of the ministries of the Länder.

1.3. Personalities or institutions, which have made worthy by special services to the objectives of MGE. From the circle of the honorary members, who have made particularly worthy to the concerns of the MGE, can a Honorary President are appointed by the Bureau.

2. Regular members are:

2.1. Natural persons of German or Arab nationality, have an interest in Arabic German economic relations;

2.2. Company, which have their seat in an Arab State or in the Federal Republic of Germany;

2.3. economic associations, Chambers of Commerce or similar institutions do gene, the headquarters or their management in one of the Arab States have in the Federal Republic of Germany and/or;

2.4. on the proposal of the General Union of trade, Industry- Agricultural chambers of the Arab countries and Arab members, elected or virtue of Office members of the Bureau.

3. Associate members are:
People, Organizations, Companies or undertakings within the meaning of subpoints 2.1, 2.2 or 2.3, If they have economic relations with Arab States, But residents in the Arab States, nor in the Federal Republic of Germany.

4. Is the admission as a Member:

4.1. For regular members within the meaning of paragraph 2.1, 2.2 and 2.3 as well as for associate members within the meaning of paragraph 3 by written application to the Secretary General of the MGE, He decides on the acceptance. As far as the Secretary General has doubts as to the conditions for the recording or. to reject the proposal intends, He presents this to the Board of Directors, He then decides on the acceptance. The refusal of recording is to give reasons to the applicant in writing by the Secretary-General. Negative decisions the applicant can appeal in writing within one month after receipt, the Bureau at its next meeting will decide on the. There is entitlement to membership for ordinary or associate members within the meaning of subpoints 2.1, 2.2, 2.3 or 3 not.

4.2. Honorary members within the meaning of paragraph 1.1 are named by their missions by name. Honorary members within the meaning of paragraph 1.2 are appointed by resolution of the Presidium. Honorary members within the meaning of paragraph 1.3 are appointed by the General Assembly on pre-hit of the Presidium.

Ordinary members gem. Digit 2.4 and honorary members gem. Digit 1.1 are members of the MGE virtue of Office or. Members due to an election in accordance with the provisions of these articles of Association. They have full voting rights.

4.3. Regardless of these recording arrangements the General Assembly may decide the admission of members.

5. The membership ends:

– natural persons by death of Member;
– for legal entities, Associations, Associations and similar bodies through its dissolution;
– by outlet. The outlet must be explained in writing to the Secretary General. It is possible only in compliance with a notice period of six months to the end of the calendar year;
– by exclusion

5.1. A Member, It is obliged to pay contributions, can be excluded by the Secretary-General from the MGE, If the Member with payment of contributions is more than three months in arrears and compensates for the ausste existing posts despite written reminders under threat of exclusion after dispatch of the notice within a period of six weeks. The obligation to pay the open posts will remain unaffected despite the exclusion.

5.2. A member can be excluded continues to, If it has violated the interests of the MGE in gross. The Board of Directors decides on this exclusion. The grounds for exclusion of the Board shall be communicated to the concerned Member by the Secretary General. The Member concerned may oppose the exclusion period of two weeks from receipt of the written notification. The date of the postmark of the dispatch of the opposition is crucial. The Bureau at its next meeting shall decide on the opposition.

5.3. The exclusion shall become effective upon receipt of the written notification of the decision of the Secretary or. of the Executive Board. In the event of any dispute under clause 5.2 resting membership as well as all the offices of the individual concerned until the decision of the Presidium.

5.4. In addition to the remedies provided for in the Statute, no internal appeal of MGE against the exclusion or non-inclusion as a member is allowed.

5.5. Upon termination of the membership are not entitled to a share of the assets of the MGE.

§ 4 Member posts

The members pay membership fees (Minimum contributions), are to be paid for each calendar year and at the 1. February one year due to. New time the annual contribution is, where appropriate, shall be payable from the on the month of admission following 1. calculates the remainder of the month. Honorary members are exempt from payment of contributions.

§ 5 Organs of MGE

The bodies of MGE are:

1. General meeting of shareholders

2. Bureau

3. Board of Directors

The General Assembly may decide the formation of other organs or bodies.

§ 6 General meeting of shareholders

1. The General Assembly is responsible for all tasks, as far as them not the Board of Directors, responsibility for the Bureau or the Secretary-General. It is exclusively responsible for the following matters:

1.1. Approval of the established by the Board of Directors and by the Bureau au approved budget for the next fiscal year;

1.2. Acceptance and approval of the annual accounts with Rachelle nungsprüfungsbericht, submitted by the Bureau;

1.3. Relief of the Presidium;

1.4. Fixing the amount of the membership fees and the contents of a contribution order;

1.5. Choice and recall of the members of the Bureau;

1.6. Amendment of the statutes;

1.7. Confirmation of the nomination of honorary members gem. § 3 Digit 4.2 This statute;

1.8. Admission of members gem. § 3 Digit 4.3 This statute;

1.9. Resolution of the MGE.

2. The annual general meeting is held annually. An außerordent monthly general meeting must be convened, If

– the Board decides the convening of urgent and important reasons;
– the Bureau requires the convening of the Board of Directors in writing, stating the reasons;
– 1/4 the members in writing, stating the reasons require the convening of the Board of Directors.

3. The General Assembly is the President, at his Indespensability by one of the Vice-Presidents, in their absence by the Secretary General appointed in writing by observing a period of at least six weeks, including the order of the day. The period begins with the day following the sending of the invitation letter. Write the invitation is considered the Member to have been, If it was addressed to the recently announced the Secretary-General address. Each Member may request two weeks before the start of the General Assembly in writing the addition to the agenda at the latest. Later as submitted at this time, as well as in the General Assembly requests for addition to the agenda may be permitted only by decision of the General Assembly with a two-thirds majority.

4. The General Assembly is the President, at his Indespensability by the first Vice President, at his Indespensability by the second Vice President, directed at his Indespensability by the third Vice President (Chairman of the meeting). Is not one of those present, directs the Secretary General of the Assembly.

4.1. For the duration of the implementation of Bureau elections, the General Assembly elects a choice Committee. The clerk is determined by the Chairman of the meeting. The Chairman of the meeting determines the method of voting.

4.2. The General Assembly is resolutionable by the number of members present regardless.

4.3. Each Member has one vote. Regular members and honorary members can be represented by a person equipped with written power of Attorney.

4.4. Voting rights transfers are allowed on regular members and honorary members, limited to two proxies. Decisions are taken by a simple majority of the valid votes. Abstentions are not counted.

4.5. For amendments to the statutes, Changes the purpose of the MGE and the resolution of the MGE is required a three-quarters majority of the valid votes.

4.6. A transcript is about general meetings, by the Chairperson of the, is the Secretary General and the Secretary to sign. It must contain:

– Place and time of the meeting;
– Name of the Assembly Director and the Protocol Guide;
– Number of members;
– Finding the proper notice and quorum;
– the order of the day;
– the provided applications, the result of the vote (Number of votes, Number of votes, Abstentions, invalid votes, the method of voting)
– Statutory- and purpose amendment;
– Decisions, to take that literally are.

§ 7 Bureau

1. The Bureau should at least 28 Members include; the number of members must be an even number. Half of the members must be German, the other half of Arab nationality. The Executive Committee shall constitute a quorum in the presence of at least half of the Committee members of both parties. The quorum is also given, If a member by written authorization by another Bureau member of same nationality can be represented. The Bureau shall decide by a simple majority; in this case at least one-third of those consenting members of Arabic or German nationality must be.

1.1. The Arab members of the Presidium are only on the basis of draft choice (with names of candidates) the General Union of trade, Industry- and agricultural chambers of the Arab countries (FF: "General Union of Arab chambers of Commerce") to vote by the General Assembly. Officio belong to the Bureau as Arab members no choice:

– The General Secretary of the General Union of Arab chambers of Commerce;
– The Deputy Secretary-General (for economic issues) the Arab League;
– Five representatives of the Committee of the Council of Arab ambassadors in the Federal Republic of Germany, among them the doyen of Arab Ambassadors. The doyen has to appoint the representatives of the Committee by name.

Heard the Bureau officio the head of specialist international division in the German industry from German page- and day of Chamber of Commerce (DIHK) at.

1.2. The Bureau meets at least twice a year. Extraordinary meetings may, upon request of the President, two Vice-Presidents, the Secretary-General with two members of the Bureau or of six Bureau members convene will.

1.3. The members of the Bureau elected on the duration of three years by written and secret vote.

The number of Arab members to be elected is done through block vote (d.h. all proposed members can reject or. be selected). In the event of rejection, the General Union of Arab chambers of Commerce will be a new, submit amended election proposal.

The number of German Bureau members to be elected depends on the number of Arab members minus the German Member officio. The German members of the Presidium are chosen on the basis of their candidacy. Each voting member has as many votes as members of the Presidium are to choose and can cast as many votes (valid votes). It can be given only one vote per candidate. The candidates are selected, the most votes to unite.

Should reach the number of German candidates not the number of the German Steering Committee members to be elected, is the General Union - through their representatives in the General Assembly – reduce the selected block selecting members to an appropriate number, without the need for a new election.

1.4. Expels a member during the term, is this a replacement member in accordance with the joint occupation of the Bureau pursuant to section 1 to replace. Alternate members are non-elected candidates for the Bureau in the order of the votes cast for them. Vote decides the Presidency by Los.

1.5. As long as a full member in accordance with section 3.2.2 or § 3.2.3 the exchange of a Bureau member, that worked for him at the time of his election, wishes, the following rules apply:

1.5.1 If the ordinary member to the Secretary General in writing requires exchanging this Bureau member, eliminated from the Bureau the Bureau member.

1.5.2 If the ordinary member concerned may in consultation with the Executive Board in the event of termination pursuant to § 7.1.5.1 send a new Presidium member of the Bureau. Determined by the agreement not on the following following session of the Board, is the outgoing Bureau member pursuant to section 7.1.4 replaced.

1.6. The Honorary President at the invitation of the Board of Directors may attend meetings of bodies of the MGE. He is an Advisory.

2. The Bureau has the task, to advise the Board of Directors in the management of MGE and check. In particular it has the following responsibilities:

2.1. Choice and recall of the President, Second Vice President, the Treasurer and the two German further to elect Board members from the center of the Bureau in accordance with the rules on the joint occupation of the Executive Board (§ 8). Each Board Member has one vote. Is selected, who brings together the majority of the popular vote;

2.2. Confirmation of the appointment and removal of the Secretary-General on a proposal of the General Union of Arab chambers of Commerce, taking into account the opinion of the Council of Arab Ambassadors;

2.3. Confirmation of the appointment of the first and third Vice President of MGE series of Arab members of the Presidium;

2.4. Examination and approval of the annual accounts submitted by the Board of Directors based on an audit report audited by a chartered accountant, presentation of the approved annual financial final invoice with audit report to the General Assembly;

2.5. Approval of the budget, to be submitted to the General Assembly;

2.6. Premature termination of the Secretary-General's confirmation of the temporarily commissioned, on the proposal of the General Union of Arab chambers of Commerce, as long as it performs the work of the Secretary General, until a new candidate is found;

2.7. Approval of to drawn up by the Executive Board rules of procedure for the organs of the MGE;

2.8. The Presidency is the President, at his Indespensability by the 1. Vice President, at his Indespensability by the 2. Vice President or, in his absence from the 3. Vice President managed.

2.9. Appointment and dismissal of the Honorary President, on the proposal of the Executive Board.

§ 8 Board of Directors

1. The Board consists of:

1.1. the President

1.2. the first Vice-President

1.3. Second Vice President

1.4. the third Vice President

1.5. the Treasurer

1.6. the General Secretary of the MGE (virtue of Office)

1.7. the General Secretary of the General Union of Arab chambers of Commerce (virtue of Office)

1.8. two members, to choose from the Bureau

1.9. a Member, by the Committee of the Arab Ambassador is named in the Federal Republic of Germany (Member by name).

The parity principle should be taken into account by, have to be German nationality:

– the President

– the second Vice President

– the Treasurer

– as well as two members of the Board of directors pursuant. Digit 1.8

Arab nationals have to be:

– the first Vice-President

– the third Vice President

– the General Secretary of the MGE

– the General Secretary of the General Union of Arab chambers of Commerce

– as well as the Executive Board Member gem. Digit 1.9

2. Board of directors within the meaning of § 26 BGB (Representation Board) the President are, the 2. Vice President, the Treasurer and the Secretary General. Two Managing Board members represented the MGE. Is determined in the internal relationship, that the 2. Vice President and Treasurer of their powers of representation only in case of absence of the President or the Secretary-General use may make. Workers of the MGE must be not a member of the management board with the exception of the Secretary-General.

3. The Board is elected by the Bureau for a period of three years. The Board members in Office until a new election. Expels a member during the term, the Board chooses a replacement member for the remaining term of Office of the members of the Bureau.

4. The Board of Directors does not do all tasks unless they by law, Articles of Association, Assigned to other organs of the MGE or the Secretary General are rules of procedure or decisions. The Board of Directors has in particular the following tasks:

4.1. Execution of resolutions of the General Assembly and of the Bureau;

4.2. Convening and preparation of the General Assembly, as well as the leadership of the General Assembly by the President or in case of incapacitation by a Vice President;

4.3. Presentation of annual accounts and of the budget to the Bureau for examination and approval and forwarding to the General Assembly;

4.4. Determining the compensation and other conditions of the Secretary-General on a proposal from the President and the first Vice-President;

4.5. Participation in admission and exclusion of members of ACC.. § 3 This statute;

5. The Board of Directors is quorate if all members invited and at least three members of both sides, including the President or the 1. Vice President, are present. The Board decides by a simple majority of the valid votes. Of which one-third of Arabic or German nationality must be; vote decides the President or in the absence of the Chief of the Board meeting which it.

As far as no Board member objects, can be decisions also except half of meetings by fax or E-Mail. The decisions shall be recorded in writing and by two Management Board members to under - stand.

The invitation is done in writing by the President or, in his absence by the Secretary-General - also in urgent cases - not later than one month before the meeting. A day order is required.

6. All Board decisions must be taken in writing cool and by the Terri Keaing Chairman, the Secretary-General and the Secretary to be signed. You have to contain:

– Place, Date

– Finding the proper summoning / Consent

– Amendments and voting results.

7. The Board members receive equitable work remuneration in addition to the reimbursement of their expenses. A compensation order to be adopted by the Executive Committee by a simple majority regulates the possibility of activity compensation and the arrangements for the reimbursement of expenses. The amount of activity compensation is determined by a four-person panel to planned by the Bureau from members of the Presidium consisting of. The Secretary-General is working full-time.

§ 9 Secretary General

The Secretary General is a member of the Executive Force Office and manages the Affairs of the MGE (Executive Board Member). He must be Arab State nationality. The tasks and duties of the Secretary-General are rules of procedure to be created by the Executive Board, including the conduct of business, the preparation of the budget and the annual accounts, the preparation of the meetings of the Board, the Bureau and the General collection, closer to regulate. The Secretary General has to report the institutions of MGE regularly on the local businesses of the MGE. He is bound by the decisions of the committees of the MGE and this has to be followed.

The General Secretary is authorized, Employees to hire and dismiss without prejudice to any possible limitations imposed by the rules of procedure.

The Board of Directors can the Secretary-General temporarily for a period of time, but not for longer than until the next Bureau meeting, by the performance of his duties due to important reasons (z.B. If the objectives of the MGE contrary to) suspend. In decision-making, the Secretary General has no voting rights. The Executive Board of approval of the Presidium is required for a termination of the employment.

The Secretary-General is appointed for a term of four years each and confirmed by the Bureau. At the end of the 65. Year ends the employment of the General Secretary.

§ 10 Central MGE

The MGE uses their resources exclusively and completely to pursue in § 2 a circumscribed purposes. the MGE denies spending from:

– Member contributions;

– Donations;

– Revenue from publications, which are issued by the MGE;

– Revenue for support in the performance of official formalities and other services in connection with the
Trade and commerce between the Federal Republic of Germany and Arab States in the framework of the Nebenzweck privilege;

– Revenue from other services in line with the purpose of MGE, as well as in the framework of the Nebenzweck privilege;

– Cooperation with business representatives of Arab embassies.

§ 11 Resolution of MGE

The General Assembly decides upon the dissolution of MGE, at the same time determines the liquidators. You can leave the Board determining the liquidators. The assets of MGE will be handed over to a charitable institution, has to use it directly and exclusively for the understanding between the Arab States and the German State.

§ 12 Registration

The register right before registration in the register of associations for formal reasons requires changing individual provisions of hereof, so the President and the Secretary General in consultation with the Board of Directors are bevoll mächtigt, to carry out this. The same applies for the case, that the competent tax office wants to recognize the charitable status of the Association only in changing individual provisions of the Statute.