Articles of Association

§ 1 Name, registered office, financial year
The association bears the name “Konzertgesellschaft Neuschwanstein e.V.”
It has its registered office in Schwangau.
The financial year is the calendar year.

§ 2 Purpose of the Association
The purpose of the Association is to promote art and culture, in particular of a musical nature, in and in connection with Neuschwanstein Castle.
In order to achieve this purpose, financial resources may be made available within the framework of the purpose of the Association, cooperations, participations and other types of cooperation with, in particular, natural persons, legal entities under private and public law, etc. may be entered into and events may be organised.

§ 3 Non-profit status
3.1 The association pursues exclusively and directly non-profit purposes within the meaning of the section “Tax-privileged purposes” of the German Tax Code as amended. It is selflessly active and does not primarily pursue its own economic purposes.
3.2 The association’s funds may only be used for the purposes set out in the articles of association. Members do not receive any benefits from the association. The association may not favour anyone through expenditure that is alien to the purpose of the association or through disproportionately high remuneration.

§ 4 Membership
4.1 Natural persons and legal entities can be members. The application is made in writing to the Executive Board with a direct debit authorisation for the membership fee, which decides on admission. No reasons need be given for refusal.
4.2 Members who have rendered outstanding services to the association may be appointed honorary members by resolution of the general meeting at the request of the board.
4.3 Membership ends upon cancellation, expulsion or death, or upon the opening of bankruptcy proceedings or dissolution in the case of legal entities.
4.4 Notice of cancellation may be given in writing to the board at the end of a calendar year. The declaration must be received by the Executive Board by 30 June of a year at the latest.
4.5 Expulsion from the association is possible if a member grossly violates the content and spirit of the articles of association or if an annual membership fee has not been paid after two reminders. The exclusion decision of the Executive Board shall be notified to the member by registered letter, stating the reasons. The member has the right to have the decision reviewed by the general meeting. Until then, membership is suspended. Resigning members have no claims to the Association’s assets.
4.6 The Association charges a membership fee, the amount of which is determined by the General Assembly. The due date is determined by the Executive Board.

§ 5 Organs of the Association
The organs of the Association are the General Assembly and the Executive Board.

§ 6 General Assembly
6.1 The General Assembly is responsible for
– accepting the reports of the Chairman and the Chief Financial Officer with the cash report
– accepting the report of the auditors
– discharging the Executive Board
– electing the Executive Board
– setting the fees
– appointing honorary members
– amending the Articles of Association
– dissolving the association.

6.2 A general meeting shall be held at least once a year, convened by the Executive Board. The notice period is 14 days. The invitation shall be issued in writing, stating the agenda. A telecommunication or electronic form, in particular by fax or e-mail, also corresponds to the written form. In individual cases, a general meeting may be held electronically and digitally, in particular by video and telephone conference, in deviation from Section 32 (1) sentence 1 BGB, if all members are invited and more than half of the members participate in votes in writing, by telecommunication or electronically prior to the meeting.
6.3 Motions must be received by the chairperson or their representative at least 7 days before the general meeting.
6.4 At the written request of at least a quarter of the members, stating the agenda and reasons, the Executive Board must convene an extraordinary general meeting within one month.
6.5 The meeting is chaired by the Chairman or, if he is unable to do so, by his deputy. The general meeting has a quorum regardless of the number of members present. Resolutions are passed by a simple majority of the valid votes cast. Abstentions are considered invalid votes.
6.6 Representation of other members by written proxy is possible; no member may exercise more than a total of 3 voting rights.
6.7 Amendments to the Articles of Association require a ¾ majority of the valid votes cast.
6.8 Votes and elections shall always be open.
6.9 Minutes shall be taken of the General Meeting, which shall be signed by the chairperson of the meeting and the secretary.

§ 7 Executive Board
7.1 The Executive Board consists of

– the Chairperson (m/f/d),
– the Deputy Chairperson (m/f/d),
– the Chief Financial Officer (m/f/d), – the Deputy Chief Financial Officer (m/f/d), – the Secretary (m/f/d), – the Deputy Secretary (m/f/d),
as well as three to seven members of the Advisory Board.
The Executive Board within the meaning of Section 26 of the German Civil Code (BGB) consists of the Chairperson and the Deputy Chairperson, both of whom are authorised to represent the association on their own.
The Executive Board is responsible for all matters relating to the association, unless they are delegated to the association’s General Assembly by the Articles of Association.

7.2 The term of office is 3 years.
The members of the Executive Board remain in office until a new election takes place. If a Board member resigns before the end of the term of office, the Board may appoint a new member until a new election is held at the next General Meeting.
7.4 The Board should be invited at least 5 days before the meeting. The notice period may be shortened in urgent cases as determined by the Chairman. The Executive Board shall constitute a quorum if at least half of the elected members of the Executive Board, including at least the Chairperson or the Deputy Chairperson, are present. A Management Board member is also deemed to be present by participating in a telephone and/or video conference if more than half of the Management Board agrees.
The Management Board passes resolutions by simple majority.
7.5 Resolutions can be passed by circular resolution (in writing, electronically, by telephone) if all elected members of the Management Board are involved and a quorum is present in accordance with
7.4 sentence 3.
7.6 Minutes are taken of the Board meetings and signed by the chairperson and the secretary.
7.7 Activities on the Board (§ 7), the cash audit (§ 8) and other committees (§ 9) are performed on an honorary basis without remuneration. Necessary expenses and costs may be reimbursed by resolution of the Executive Board.

§ 8 Cash audit
The General Meeting appoints two members for a term of three years, who audit the cash transactions at least once a year before the General Meeting and report to it.

§ 9 Advisory body
The Executive Board may appoint advisory bodies that are not organs and temporarily co-opt individuals to the Executive Board. It may also appoint a management team to implement the ongoing tasks of the Executive Board. The respective persons, who do not have to be members of the association, have no voting rights on the Executive Board.

§ 10 Dissolution of the association
10.1 Dissolution of the association requires ¾ of the votes of all members at a general meeting convened specifically for this purpose. If this number is not reached, another extraordinary general meeting shall be convened within 4 weeks, in which a resolution shall be passed by a ¾ majority of the valid votes cast, regardless of the number of members present.
10.2 If the association is dissolved, half of the existing assets shall go to the district of Ostallgäu and half to the municipality of Schwangau, to be used for cultural purposes.

§ 11 Entry into force
These Articles of Association shall enter into force following the resolution of the General Assembly and upon entry in the register of associations.
The Articles of Association dated 16 February 2018 shall expire at the same time.