Statutes — documented 2020 version

Historical source document · 15 February 2020 · Version 1.01

Rebuilding the website does not amend the association’s statutes. In particular, section 5.2 (admission without review), section 7 (contributions) and section 17.4 (blockchain, complete anonymity and contribution refunds) do not describe the confirmed current technical trial. Applications now undergo board review, the trial is free, and only TestCoins without any right to a payout are offered. The service does not offer blockchain storage or complete anonymity. Any necessary formal amendment is a matter for the competent association bodies, not this presentation.

Current arrangements are explained in Get involved, Trial and TestCoins and Privacy. For the currently authoritative registered version or supplementary regulations, ask the board through Contact.

The translation retains the duplicate numbers 11.2 and 20.3 found in the source. It is not a certified translation. The original German wording is available by selecting the German language version of this page.

Statutes of the association “Organisation zum Erhalt der Demokratie e.V.”

As at 15 February 2020, version 1.01

Preamble

Democracy in Germany, Europe and the world is in crisis. Declining interest in democratic processes, fewer opportunities to participate in decisions, the feeling of no longer having influence, and increasingly frequent misinformation unfortunately do not contribute to preserving democracy.

People in Europe need a common platform through which they can communicate their opinions collectively. opd e.V. promotes and supports the establishment of further “Organisations for the preservation of democracy” throughout Europe.

The association aims to ascertain public opinion through surveys and, on the basis of those data, organise events, conversations with politicians, advertising campaigns and talks. The association works independently of party politics. The surveys will also be preserved so that they remain unaltered and accessible for future generations as a historical record. Through these activities, opd e.V. seeks to deepen the interdisciplinary exchange of ideas and information between the public and politics and to promote the preservation of democracy.

Section 1 Name, registered office and financial year

1.1 In Germany the association is named “opd - Organisation zum Erhalt der Demokratie”. It is to be entered in the register of associations and thereafter use the name “opd - Organisation zum Erhalt der Demokratie e. V.”. In English its name is “organization for the preservation of democracy”, hence the abbreviation “opd”, which is always used. The name in full is always written in the national language. It is referred to below as “opd e.V.”.

1.2 The association has its registered office in Berlin.

1.3 The financial year is the calendar year.

Section 2 Public-benefit purposes

2.1 The association acts altruistically and does not primarily pursue its own economic interests. It pursues exclusively and directly public-benefit purposes within the meaning of the “Tax-privileged purposes” section of the German Fiscal Code (Abgabenordnung). Its funds may only be used for the purposes set out in the statutes.

2.2 Offices in the association and its bodies are generally held on a voluntary basis.

2.3 No person may benefit from expenditure unrelated to the association’s purposes or from disproportionately high remuneration.

Section 3 Purposes of the association

3.1 The association’s purpose is to conduct anonymous, secure and transparent surveys on www.opd-deutschland.org and to preserve their results for posterity.

3.2 On the basis of the collected data and depending on its financial resources, the association will organise and conduct events, conversations with politicians, advertising campaigns in print, on television, on radio and online, and talks to preserve democracy.

3.3 The association promotes cooperation and knowledge transfer among the public, politicians, the media and business.

3.4 The association promotes networking in various associations.

3.5 The association promotes cooperation with national and international organisations of a similar orientation.

3.6 The association promotes education for the public, politicians and the media through training, seminars and workshops, so that differentiated information is available in decision-making processes.

3.7 Largely autonomous working groups may be established within the association to address particular topics and tasks. They are accountable to the board for their work and are responsible for designing their own programmes.

3.8 The association’s long-term goal is to plan and establish the “Foundation for the preservation of democracy”. Once established, the foundation will assume the tasks mentioned in section 3.2. The association will continue the tasks described in section 3.1 and administer members and contributions.

3.9 After the foundation is established, all income of opd e.V., including membership contributions and donations, will be transferred to the “Foundation for the preservation of democracy” after deduction of all costs to ensure that it can operate. The association may not provide financial support to other organisations.

3.10 The association is politically, ethnically and denominationally unaffiliated and neutral.

Section 4 Membership: full members

4.1 To apply for full membership, a person must previously have been a supporting member, have rendered outstanding services to the association and/or democracy and/or have participated in at least 50 votes on www.opd-deutschland.org.

4.2 The board decides on applications for admission. A rejection may be appealed to the general meeting. The appeal must be submitted to the board in writing within one month.

4.3 The probationary period for full membership is one year. During that period members have no voting rights at general meetings.

4.4 Only natural persons resident in Germany who acknowledge the association’s objectives and tasks, support its work and are at least 16 years old may become members.

4.5 Membership begins on the first day of the month in which joining is declared and accepted by the board.

4.6 Membership cannot be transferred or inherited.

4.7 Membership ends upon resignation, expulsion or death. Resignation must be declared to the board in writing and takes effect at the end of the current quarter.

4.8 The general meeting may expel a member only for an important reason and by a written resolution. Reasons may include dishonourable conduct, serious criminal offences, persistent action contrary to the association’s interests, or serious violation of a member’s duties to the association. An objection may be lodged within one month and must be finally decided at the next general meeting. The objection must be submitted to the board in writing.

4.9 If contributions remain unpaid for three months despite two written reminders, including reminders by email, the member will be removed from the general meeting.

4.10 All founding members are full members.

4.11 Only natural persons who have rendered outstanding services to the association or made an outstanding contribution to preserving democracy may be appointed honorary members. Appointment follows a proposal by the board and confirmation by the general meeting. Posthumous honorary membership is not permitted.

4.12 Further provisions are contained in the current Membership Regulations. Those regulations do not form part of the statutes. The current version is communicated to members by email and published on www.opd-deutschland.org.

Section 5 Supporting members

5.1 All natural persons may become supporting members of the association. Section 4, paragraphs 4 to 9, applies correspondingly to obtaining supporting membership.

5.2 Initially, a person may apply only for supporting membership. It is granted to every natural person without review by the board and, once identity has been established, for example through a copy of an identity card, permits participation in surveys on www.opd-deutschland.org.

5.3 A supporting member who wishes to become a full member may apply for full membership.

5.4 Supporting members may speak at general meetings but have no right to submit motions, no voting rights and no right to elect or be elected.

5.5 Further provisions are contained in the current Membership Regulations. Those regulations do not form part of the statutes. The current version is communicated to members by email and published on www.opd-deutschland.org.

Section 6 The association’s financial resources

6.1 The association obtains the resources required to fulfil its purposes from:

a) members’ contributions;

b) one-off and ongoing contributions from third parties;

c) public subsidies;

d) funding grants;

e) other contributions;

f) donations.

6.2 The association’s funds may be used only for purposes set out in the statutes.

6.3 The association may rent, buy and manage premises of any kind.

6.4 The board may take out any necessary insurance for the association.

6.5 If needed, and taking account of the economic circumstances and budget, the board may decide that offices in the association and its bodies are to be held for remuneration under a service agreement or against payment of a flat-rate expense allowance. The board within the meaning of section 26 of the German Civil Code (BGB) is responsible for decisions concerning the beginning, terms and termination of such agreements.

6.6 If needed, and taking account of the economic circumstances and budget, the board may commission third parties to carry out activities for the association for reasonable remuneration or fees.

6.7 To perform management tasks and run the office, the board is authorised to hire full-time administrative employees within the scope of its budgetary responsibilities. They may also be members of the board.

6.8 In other respects, and taking account of the economic circumstances and budget, members and staff are entitled under section 670 BGB to reimbursement of expenses incurred through their work for the association. Members and staff must observe the principle of economy. Within the limits of tax law, the board may set flat-rate allowances by resolution. Reimbursement is granted only where expenses are substantiated by verifiable receipts and statements.

6.9 The board must use the available funds responsibly and transparently.

6.10 Members waive fees for talks, manuscripts and published articles. Reimbursement of outlays is permitted, particularly postage, telephone, copying and photographic work, travel expenses and stationery directly connected with the association’s tasks.

6.11 Further provisions are contained in the current Financial Regulations. Those regulations do not form part of the statutes. The current version is communicated to members by email and published on www.opd-deutschland.org.

Section 7 Membership contributions

7.1 Monthly membership contributions are charged to full and supporting members. They finance:

a) the association’s administration costs, including costs of collecting contributions through any appointed third party; creating and operating www.opd-deutschland.org; insurance, rent, utilities, advertising and similar items; full-time administrative staff; and expense allowances;

b) all costs necessary to plan and establish the “Foundation for the preservation of democracy”;

c) all other costs already mentioned in section 3.

7.2 Young people aged 16 to 18 are exempt from contributions.

7.3 Applications for public subsidies are permitted.

7.4 Applications for funding grants are permitted.

7.5 Further provisions are contained in the current Contribution Regulations. Those regulations do not form part of the statutes. The current version is communicated to members by email.

Section 8 Auditors

8.1 The general meeting appoints two auditors from among the full members for the duration of the board’s term. They may not be members of the executive board.

8.2 The auditors examine the proper maintenance of the books and cash accounts, including supporting documents, for factual and arithmetic accuracy. They prepare a record confirmed by their signatures and report to the general meeting. Re-election after the end of the board’s term is permitted.

Section 9 Bodies of the association

9.1 The bodies of the association are:

a) the executive board;

b) the extended board;

c) the management;

d) the advisory council;

e) the auditors;

f) the general meeting.

9.2 The general meeting is the association’s highest body. Only full members have voting rights at general meetings. A meeting must take place at least once a year, preferably in the first quarter. Fourteen days’ written notice must be given of the time, place, including an online location, and agenda; email with a read receipt is also permitted.

9.3 The general meeting decides on:

a) election of the executive board;

b) election of the extended board;

c) election of the auditors;

d) receipt of the accountability report;

e) discharge of the board;

f) resolutions amending the statutes;

g) adoption of Contribution Regulations;

h) matters of fundamental importance;

i) decisions on submitted motions;

j) dissolution of the association.

9.4 The first chairperson presides over the general meeting or, if unavailable, another member of the executive board. If no executive board member is present, the meeting must be postponed.

9.5 The general meeting has a quorum if at least one third of those entitled to vote, namely full members, are present, including online. If there is no quorum, the board must convene a second general meeting with the same agenda within four weeks.

9.6 The general meeting decides by a simple majority of full members present within a voting period fixed in advance. A tie is decided by the vote of the chair of the meeting. Abstentions count as votes not cast. Voting at general meetings, unless held online, is by a show of hands unless at least one quarter of members present requests a secret ballot.

9.7 Extraordinary general meetings require a written invitation to all members by email with a read receipt, stating the agenda and giving fourteen days’ notice. Such a meeting must be convened if at least one third of members requests it.

9.8 The board conducts the association’s business between general meetings.

9.9 The board must account to members for its activities and use of funds at least once a year.

9.10 Written minutes must be prepared of every general meeting, including its resolutions, and signed, including digitally, by the board members present, including online. An attendance list of participating members must also be prepared.

9.11 Board resolutions are documented by drawing up the resolution and having it signed by the board members present.

9.12 General meetings are not public. The chair may, however, admit guests. The board decides whether to admit the media, including press, radio and television.

9.13 Further provisions are contained in the current Rules of Procedure for the General Meeting. Those rules do not form part of the statutes. The current version is communicated to members by email and on www.opd-deutschland.org.

Section 10 The executive and extended boards

10.1 The executive board consists of:

a) the first chairperson, who chairs the board;

b) the second chairperson;

c) the first deputy chairperson;

d) the second deputy chairperson;

e) the treasurer.

10.2 The extended board consists of:

a) the secretary;

b) the press spokesperson;

c) the additional board members (Beisitzer).

10.3 Only full members may become board members. One person may not combine several board offices.

10.4 The association is represented in and out of court jointly by two executive board members, at least one of whom must be the first or second chairperson.

10.5 The extended board has voting rights at board meetings.

10.6 Further provisions are contained in the current Rules of Procedure for the Board. Those rules do not form part of the statutes. The current version is communicated to members by email and published on www.opd-deutschland.org.

Section 11 The board’s term of office

11.1 The first board after the association’s founding is elected by the general meeting for five years by simple majority. Subsequent terms are three years.

11.2 The board remains in office until a new election. Re-election is permitted.

11.2 Ending membership of the association also ends the board office.

11.3 If a board member leaves during a term, the board elects a replacement for the remainder of that person’s term. Only full members may be co-opted to the board. Ending membership of the association also ends the board office.

11.4 Further provisions are contained in the current Rules of Procedure for the Board. Those rules do not form part of the statutes. The current version is communicated to members by email and published on www.opd-deutschland.org.

Section 12 Board decisions

12.1 The board adopts resolutions at meetings convened in writing or by email by an executive board member. It has a quorum when at least three board members are present, including the first or second chairperson. Decisions are taken by a majority of valid votes cast. A tie is decided by the board chair’s vote or, if absent, the second chairperson’s vote.

12.2 A board member chairs the meeting. Resolutions must be recorded and signed by the chair of the meeting.

12.3 Further provisions are contained in the current Rules of Procedure for the Board. Those rules do not form part of the statutes. The current version is communicated to members by email and published on www.opd-deutschland.org.

Section 13 Advisory council

13.1 The board may establish an advisory council. Its task is to advise the board and general meeting on all association matters. Its aim is to preserve the vision of opd e.V.

Its tasks and rights include in particular:

a) advising the board;

b) representing the association publicly and promoting its objectives;

c) bringing ideas and motions to the board and general meeting;

d) further internal association events.

13.2 The advisory council consists of up to ten members elected by the board for the board’s term. It remains in office after its term expires until a new advisory council is elected. The board determines its exact size.

13.3 The board elects the advisory council. Only the following may be elected:

a) founding members of opd e.V.;

b) full members who have paid contributions for at least five years; or

c) full members who have served at least one complete term on the board.

13.4 Re-election is permitted. Board members may not simultaneously sit on the advisory council. If a council member leaves, the council elects a replacement from the full members for the remainder of the term. It elects a chair and deputy chair from among its members.

13.5 If a council member has harmed the association’s interests intentionally or through gross negligence, the general meeting may, on a motion, expel that person from the council by simple-majority resolution. A serious violation of the association’s interests is required.

13.6 The council chair or, if unavailable, the deputy chair convenes meetings with at least fourteen days’ notice in writing, by telephone or electronically. An agenda need not be communicated. With the consent of all council members, resolutions may also be adopted outside meetings.

13.7 The chair or, if unavailable, the deputy chair presides. Resolutions are adopted by a majority of valid votes cast. Abstentions count as votes not cast. A tie is decided by the chair’s vote.

13.8 Council resolutions are recorded. A minute-taker is elected at the start of the meeting and signs the minutes.

13.9 Further provisions are contained in the current Rules of Procedure for the Advisory Council. Those rules do not form part of the statutes. The current version is communicated to members by email and published on www.opd-deutschland.org.

Section 14 Management

14.1 The board may appoint or dismiss management and conclude an employment or service agreement with it.

14.2 The executive board may issue instructions to management.

14.3 Management may make all decisions necessary to operate opd e.V., recruit staff, appoint a deputy, enter into legal transactions and perform similar tasks.

14.4 Further provisions are contained in the current Rules of Procedure for Management. Those rules do not form part of the statutes. The current version is communicated to members by email and published on www.opd-deutschland.org.

Section 15 Additional board members (Beisitzer)

15.1 The general meeting may elect additional board members.

15.2 Up to ten full members may be elected by the general meeting for the board’s term. Each remains in office after the term expires until a new election. The board determines the exact number.

15.3 Only full members of opd e.V. may become additional board members.

15.4 They belong to the extended board.

15.5 Re-election is permitted. If an additional board member leaves, the board elects a replacement from the members for the remainder of that person’s term.

15.6 If an additional board member has harmed the association’s interests intentionally or through gross negligence, the general meeting may, on a motion, expel that person from the extended board by simple-majority resolution. A serious violation of the association’s interests is required.

15.7 Further provisions are contained in the current Rules of Procedure for the Board. Those rules do not form part of the statutes. The current version is communicated to members by email and published on www.opd-deutschland.org.

Section 16 Expense allowances

16.1 The association’s bodies listed in section 9.1 may perform their duties for reasonable remuneration. If needed and within budgetary limits, association offices may be remunerated under a service agreement or through an expense allowance under section 3 no. 26a of the German Income Tax Act (EStG). The board decides whether an association activity is remunerated and determines the agreement’s content and conditions.

16.2 Further provisions are contained in the current Financial Regulations. Those regulations do not form part of the statutes. The current version is communicated to members by email and published on www.opd-deutschland.org.

Section 17 Votes and surveys

17.1 A distinction is made between votes at general meetings and surveys on www.opd-deutschland.org.

17.2 Every full member may participate in votes and surveys on www.opd-deutschland.org.

17.3 Supporting members may participate only in surveys.

17.4 Votes and surveys take place in an area of the website visible only to members and are stored in a blockchain. They are completely anonymous, so that not even opd e.V. can see who voted for what, transparent with unambiguous results, and secure against manipulation. Participation in surveys earns a refund of the membership contribution in the form of a digital coin.

17.5 Further provisions are contained in the current Voting and Survey Regulations. Those regulations do not form part of the statutes. The current version is communicated to members by email and published on www.opd-deutschland.org.

Section 18 Establishing further associations

18.1 Only one “opd” may be established per nation.

18.2 Further associations established in other countries append the name of their country, for example “opd e.V. in Germany”.

18.3 Newly established “opd” organisations must adopt the current statutes of opd e.V. in Germany without changes. Additions may relate only to the legal requirements of the country concerned.

18.4 After a second “opd” is established, each organisation appoints two delegates from its executive board, one of whom must be its first or second chairperson. This body meets at least four times a year, including online, to develop guidelines for further action.

18.5 The organisations of the respective countries bear the costs of sending their delegates.

Section 19 Amendments and additions to the statutes

19.1 Motions to amend the statutes must be submitted in writing. They are examined by the board and submitted to the general meeting.

19.2 Amendments and additions require a decision by the general meeting and are effective only if three quarters of the full members present, but at least more than half of enrolled full members, have agreed.

19.3 The association may adopt regulations governing its internal procedures. These do not form part of the statutes. The board is responsible for adopting, amending and repealing association regulations. Current versions are communicated to members by email and published on www.opd-deutschland.org.

Section 20 Dissolution of the association

20.1 The general meeting may dissolve the association. It is dissolved when three quarters of the full members present, but at least two thirds of enrolled full members, have agreed.

20.2 Upon dissolution, all assets of opd e.V. pass to the “Foundation for the preservation of democracy”.

20.3 If opd e.V. is dissolved before the foundation exists, the general meeting decides how the remaining funds will be used.

20.3 The board carries out liquidation. During liquidation the association is deemed to continue only insofar as the purpose of liquidation requires it.

Section 21 Data protection

21.1 To fulfil its tasks, the association may electronically store members’ personal data arising from registration and membership administration and use them within the limits of the law.

21.2 The association also collects, stores and uses personal data when members use particular offers or services. It uses these data primarily to align its offers and services with members’ interests and to administer their participation in its offers or services.

21.3 The board formulates a privacy statement setting out the subject and extent of collecting, using, storing and deleting members’ personal data. Members accept it when registering.

Section 22 Entry into force

22.1 These statutes are deemed approved if adopted by more than half of the members present at the general meeting of 15 February 2020. They enter into force upon entry in the register of associations.