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Gili
Air - L.K.G.A. - Memorandum |
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Memorandum
of
LUMBUNG KAMBUNG JAYA INDAH GILI AIR
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L.K.G.A. |
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§ 1
name and
headquarters/place of business |
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Headquarters of the association is Gili Air, Indonesia.
Name of the
association is:
LUMBUNG KAMBUNG JAYA INDAH GILI AIR
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L.K.G.A.
It
will be applied with the registry of associations at the local court in
Mataram (NTB). |
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§ 2
purpose of
association |
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The
LUMBUNG KAMBUNG JAYA INDAH GILI AIR
is
religiously and politically independent. It is a not for profit association.
With its seat in Gili Air exclusively and directly pursues aims in the true
sense of the following: |
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a.
b.
c.
d.
e.
f.
g.
h.
i.
j.
k.
l.
m.
n.
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Development of economic and ecological infrastructure enabling inhabitants
of Gili Air
to pay for
their own costs of living.
Building foundation, constructing and maintenance of a hospital on Gili Air
including all relevant matters, personnel, infrastructure and maintenance.
Further-Construction of school with all necessary technologies for learning,
including telelearning enabling pupils and students to reach international
standards.
Building of fund for people in need and during illness.
Building of court of arbitration for problems of Gili Air's inhabitants.
Development and undertaking of island fund for public tasks.
Support of traditional dances and events.
Development and undertaking of actions for the protection of corals,
beaches, and vegetation.
Furthering of planting and growing, marketing and sales of local medical
plants.
Protection of animals living on Gili Air.
Development of information brochures for tourists.
Assistance of preventative measures against damages to the environment.
Representing Gili Air's specific interests at government.
Setting up a foreign people's council to represent foreigners living on Gili
Air. |
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§ 3
financial
year |
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The
financial year shall be the calendar year. |
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§ 4
organs of the association |
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Organs of the
association are: |
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a.
b.
c.
d. |
the board
the general meeting
plus, if established
the advisory board
board of trustees |
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To look
after private and corporate interests who financially or intellectually
support L.K.G.A. a board of
trustees and / or an advisory board can be established through the general
meeting procedures.
This board
of trustees advises and supports the organs of
L.K.G.A. in its work. |
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§ 5
membership categories |
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a.
b.
c.
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The association has
full members
supporting members
honorary members |
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Full members
have all legal powers and duties of an association member.
Supporting
members assist the activities of the association through advice and payment of
membership fees / donations, without all legal powers and duties of a full
association member.
Honorary
members support the association through their expertise, without all legal
powers and duties of an association member. |
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§ 6
membership process |
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Any person
living on Gili Air can become a full member. New full members shall be approved
in a general meeting with approval of single majority (number of votes in favour
are larger than number of votes against) of all full members present at general
meeting. There is no right to become a member. Membership begins upon approval.
Any person or
legal company can become a supportive member. A single majority in a general
meeting decides approval of new supportive members.
Admission to
the association depends upon payment of membership fee, which minimum amount is
set by the general meeting.
Honorary
members are selected by a board's decision with single majority. |
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§ 7
exemption rule |
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DIV
e.V.
(German - Indonesian Federation for the advancement of economy, science, tourism
and cultural exchange
e.V.)
registered at
local court Munich, Germany: VR 17954
PERSATUAN
JERMAN-INDONESIA UNTUK PENINGKATAN BIDANG EKONOMI, ILMU PENGETAHUAN DAN
PERTUKARAN KEBUDAYAAN
e.V.
berkedudukan di Muenchen/Jerman: VR 17954
is part of
L.K.G.A. board with one person as first vice chairman. This person is chosen
about from board of DIV
e.V.
as being full member of L.K.G.A. with all statutary rights and
obligations.
This paragraph
(§ 7) of this articles of association may only be changed in accordance with
board of DIV
e.V..
Financial
investments and expenditures of L.K.G.A. are only allowed in accordance
(acceptance necessary in advance) with this first vice chairman (DIV
e.V.
chosen person – or person authorized in writing by DIV
e.V.)
of L.K.G.A.. L.K.G.A. reserves the right to delegate these
decisions to another person in writing. |
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§ 8
membership
fees |
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Membership fees
and due dates are set by the general meeting. |
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§ 9
termination of membership |
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Membership ceases through resignation becoming effective, dissolution of the
association, death, or expulsion.
Resignation proceeds in writing to the board.
Resignation is only possible at the end of each calendar year with six month
notice period.
In
case of important reasons termination of a membership of full member from
L.K.G.A. can be decided by the board in a
general meeting. This is not valid for person according to § 7 of these articles
of association. For decision about expulsion of membership of full member -
decision at ¾ at least of all present votes are needed as minimum.
In
case of important reasons termination of a membership of sponsoring member or
honorary member from L.K.G.A. can be
decided by the board in secret voting. For decision about expulsion of
membership of sponsoring member or honorary member decision of 2/3 of all board
members votes are needed as minimum. |
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§ 10
the board |
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1.
2. |
The board
consists of three members, the chairman, his vice chairman (being part of
board of DIV
e.V.)
and one further member. All full members are entitled to vote. The period
for which a person is elected is three years. Re election of full board
members are possible. The association is represented by two board members
together. Vice chairman has veto-right.
The board
is responsible for all affairs of the association, unless those affairs are
not transferred through the articles to another body of the association.
mostly its duties are: |
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a.
b.
c.
d.
e.
f. |
execution of decisions made at the general meeting.
preparation of financial budgets, yearly report and yearly closing of accounts.
preparations of general
meetings.
convening and chairing of ordinary and extra ordinary meetings; posting of
meeting agendas.
administration and financial management of the association’s assets.
convening of board of trustee meetings and advisory board meetings. |
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3. |
The board has
the right to participate in meetings of the board of trustees and advisory board
meetings. |
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§ 11
ordinary
general meeting |
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1.
2.
3.
4.
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Annually after completion of the yearly report for the previous year an
ordinary general meeting must be held. This meeting must be held during
first six months of following year.
Ordinary general meetings must be called in by board in writing or through
media or notice boards generally used within Gili Air, with agenda minimum
of four weeks prior to meeting. Agenda items must be submitted to the board
in writing minimum two weeks prior to meetings.
Single members suggestions for agenda items must be submitted to the board
in writing with small explanation minimum two weeks prior to meetings.
Entitled to vote are only full members, supportive members having the right
of speech and the right of filing an application. Every full member has one
vote. Right to vote can be transferred in writing to other full members. |
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§ 12
areas of
responsibility of general meetings: |
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1. |
General meetings have following tasks: |
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a.
b.
c.
d.
e.
f.
g.
h.
i.
j. |
Receipt, approval and discharge of the board’s annual written report and
closing of yearly accounts. Approval of boards' members.
Decision on financial budgets
Calling of members to the board according to § 10 Point 1
Board members discharges
Assignment of board of trustee members
Pricing of admission and membership fees for full members and supporting
members.
Decision of full member admissions and expulsions
Decision of changes to the articles of association and the voluntary
dissolution of the association
Signing of rental agreements or leasing agreements
Hiring and firing of employees |
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2.
3.
4.
5.
6.
7.
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The general meeting is a quorum when more than half of its full members are
present. If there is no quorum at a general meeting the board is responsible
to call in a new meeting with the same agenda within four weeks. At this
general meeting decisions can be made with a single majority of present full
members; this needs to be informed in the invitation to the general meeting.
Above is not applicable for changes to the articles of association.
The passing of a resolution is made, unless otherwise stipulated in its
articles or the law, with the single majority of present full members. In
equality of votes the resolution will not pass. Hiring and firing of
employees, signing of rental agreements and investments exceeding the
capital of the association need a three quarter majority of present full
members.
Negotiations and decisions need be recorded in the minute, which needs to be
signed by the chairman. In case of his absence the vice-chairman must sign.
In case of his absence the third board member must sign. The secretary is
requested to sign additionally.
General meetings are in principal chaired by the chairperson. In case of
absence by the vice-chairman, respectively his representative. In case of
absence of all the above the treasurer shall chair the meeting.
Passing of decisions are made by a show of hands.
A
motion of three present members needs to be voted in confidentially and in
writing. |
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§ 13
extraordinary general meetings |
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1.
2. |
The board
can call for an extraordinary general meeting if deemed as necessary by the
board or when at least 49% of full members request so in writing with
reasons and a requested meeting agenda.
All
regulations applicable to standard general meetings apply to extraordinary
general meetings. |
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§ 14
management
of the association |
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Unless
otherwise indicated in § 12, the chair is responsible for the complete
management of the association. |
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§ 15
liability |
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The liability
of all organs and members of the association is limited to its assets. |
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§ 16
profit |
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1.
2. |
The
association derives no profits. In particular no one must benefit from non
related expenses or unreasonable high allowances.
The funds
of the association, including donations, school fees, seminar fees, proceeds
from association businesses can only be used as stipulated in the articles
of the association. |
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§ 17
services
of L.K.G.A. |
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All
services (social / financial) are only available for members of L.K.G.A.
according to financial power of L.K.G.A. at time of decision
about individual request. There is no legal entitlement for any services. |
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§ 18
dissolution
of the association |
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1.
2.
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n case of
dissolution of the association, its funds shall be transferred to community
of Gili Air.
The chair
liquidates the association. |
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All
donations / membership fees for L.K.G.A.
and returns of L.K.G.A. are solely used
for social purposes on Gili Air. |
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