The following articles of association are in accordance with the rules of law.
Martial arts can only be taught to a certain degree in a so called democratic way, since the teaching of knowledge and philosophies are dependent on the teacher or the interest group in question and cannot be chosen in a democratic way. The teacher decides what the pupils are taught and in which way.
Chinese martial arts can look back on nearly five thousand years of history. Developed out of initially warlike aspects, the transformation into self-defence techniques and art as the perfection of body, mind and character, martial arts has now become, also under a sportive aspect, an indispensable institution, complying with national law and requirements. Asiatic martial arts need because of the hierarchical structure within an organisation to be conform with the legal requirements, since the exercising, teaching and authorisation of exercising and teaching within a system cannot be guaranteed by the internal hierarchy to the extent that these martial are not adulterated or misused as a whole.
The preservation, protection and continuation of these teachings and the further propagation of martial arts shall now be executed and granted by an incorporated association. The “Society of Chinese Warriors” / “Gesellschaft der chinesischen Krieger“, established in 1911, serves as a role model. The traditions and values of martial arts were preserved and maintained by that society. The organisations had to operate partly in the shadows (Mao) and membership was punished with the death penalty. A lot of aspects of martial arts would be lost without them. A Sifu (Master of Chinese Martial Arts) chaired such a society traditionally.
§1 Name, Headquarters, Financial Year
Para.1: The society is registered in the name of: SOCIETY OF CHINESE WARRIORS INTERNATIONAL (SCWI)
The society shall be registered in the register of associations.
Para.2: The registered seat of the society and its headquarters are in 79189 Bad Krozingen.
Para.3: The financial year corresponds to the calendar year.
§2 Purpose of Association
Para.1: The purpose of the association is purely and directly non-profit as specified in the section “tax privileged objectives” of the German general tax code. The objectives of the SOCIETY OF CHINESE WARRIORS are to support a sporty way of life based on the respect for the dignity of man with the aim of physical and mental welfare. For this purpose the SOCIETY OF CHINESE WARRIORS is devoting itself to the preservation, research, promotion and quality assurance of Chinese martial arts with special focus on Chinese archery and sword fencing and their practice as well as their educational and character forming values of physical and mental training.
Para.2: The SOCIETY OF CHINESE WARRIORS presents the common interests of its members at official bodies and institutions, in public as well as in the associative sporty activities. The Society stands for the basic principle of freedom and voluntarism in the exercise of sport and the sportive community. The SOCIETY OF CHINESE WARRIORS has no political party affiliations. It is based on the principles of racial, religious and ideological freedom.
§3 Achievement of Objectives
Para.1: In order to achieve its objectives as defined in §2 the SOCIETY OF CHINESE WARRIORS aims to have Chinese martial arts exercised as a popular sport by its members. The society wants to serve the physical welfare of all and endeavours to find meaningful recreational activities.
Para.2: To achieve the above the SOCIETY OF CHINESE WARRIORS addresses especially the following tasks:
a) Implementation of Training
b)Liaising with public bodies and institutions as well as educating the public on its aims and activities
c)Co-operation and partnerships with other organisations and institutions to promote Chinese martial arts.
d) To hold national and international training courses
e) To work jointly and long-term on the promotion of Chinese martial arts
§4 Non-profit Status
Para.1: The Society pursues with its activities solely and directly as defined in §2 of the articles of associations non-profit purposes as specified in the section “tax privileged objectives” of the German general tax code (§§ 51-68 AO). It is a non-profit organisation and does not pursue primarily self-economic purposes.
Para.2: Funds of the Society shall only be used for purposes that are in keeping with the objectives of the Society as stated in the articles of association. Members or third parties shall not obtain any financial contributions from the funds of the SOCIETY OF CHINESE WARRIORS.
Para.3: No person may benefit from expenditures which are not in accordance with the purposes of the Society, or from disproportional remunerations.
Para.4: Members of the Board may only claim possible expenses if the financial situation of the Society permits it.
Para.5: There shall be no reimbursement of assets in case of a member’s resignation or dissolution of the Society.
Para.6: Changes to the purposes of the Society can only be made within the scope of §3 Para.1.
§5 Membership of the Society
The Society is free to either join other non-profit organisations or to co-operate with them.
Para.1: Any individual who supports the purposes and objectives of the Society either actively or financially and honours its terms and conditions can become a member.
Para.2: Membership is granted by the Executive Board based on written application.
Para.3: Membership is ending by resignation, expulsion or death.
Para.4: Resignation by a member is possible subject to legal requirements. A letter of resignation may be send to the Executive Board within the period of notice defined by the Board.
Para.5: The expulsion of a member can be declared by the Executive Board if a member violates knowingly the objectives and interests of the Society, does not comply with the articles of association or fails to pay membership fees for three months despite reminders. Membership can be terminated with immediate effect in these cases.
Para.6: The member is given the opportunity to state its position to the proposed expulsion.
Para.7: Individuals who rendered outstanding services to the Society of Chinese Warriors International e.V. and its interests may become honorary members or invested an honorary title. Honorary memberships and titles are appointed respectively invested by the Board. Honorary members do not have to pay a membership fee. Additional provisions are made by the honorary code.
Para.8: Scientific societies or other institutions can become sustaining members if they are interested in an active collaboration with the SOCIETY OF CHINESE WARRIORS, as well as individuals or legal bodies who wish to support and promote the Society in whatever way. Sustaining members support the Society ideologically and financially. They do not have an active nor passive right to vote. The currently valid membership fees are laid down in the membership dues rules.
§7 Bodies of the Association
Bodies of the association are:
• General Membership Meeting
• The Executive Board, corresponding to §26 and following §40 BGB
• The Board of Directors
§8 General Membership Meeting
The rights of the General Membership Meeting are vested in the Executive Board apart from §37 BGB. Changes to the statutes can only be implemented by a resolution of the General Membership Meeting according to §33 BGB.
A General Membership Meeting may be also called for if it is in the interest of the Society. The General Membership Meeting is called for by the Executive Board with a 14 days notice. Die General Membership Meeting is chaired by the Executive Board. Resolutions by the General Membership Meeting do require a simple majority.
§9 The Board of Directors
The Board of Directors is responsible for the preservation of the Society’s traditional aspects and its smooth running. The current Board of Directors consists of a representative of the Kokusai Okinawan Martial Arts Union and other renowned international associations in Europe, Mr Heinz Köhnen (Soke), the Sinologist Ms Ruth Weisheit and the alternative therapist Mr Dirk Gomez y Rieser (Kästner) (Sifu).
§10 The Executive Board
Para.1: The Executive Board is appointed by the Board of Directors. It is comprised of the President, the Chairperson, the Deputy Chairperson, and the General Secretary.
Para.2: The Executive Board decides on all matters concerning the Society, as long as no resolution is required by the General Membership Meeting. The Executive Board can also pass resolutions virtually due to geographical requirements.
Para.3: The Executive Board convenes upon request of a Member of the Board and as agreed with the other Members of the Board.
Para.4: Resolutions of the Executive Board are to be presented to the Board of Directors for final decision making.
Para.5: The Society is represented jurisdictionally, and also out of court by the President, the Chairperson, the Deputy Chairperson and the General Secretary, whereupon the President is entitled to be the sole representative whereas the Deputy Chairperson is only entitled to sole representation together with the President or the Chairperson and the General Secretary with the Chairperson or the Deputy Chairperson.
Para.6: The Executive Board is running the business of the Society.
Para.7: Changes to the articles of association, formally requested by regulatory bodies, the Courts, or the tax authorities can be implemented by the Executive Board on its own initiative.
Para.8: The Executive Board can rules of procedures in addition to the articles of association.
§11 International Representations
The Society may set up international branches by board decision und run its business partly by these branches. Each branch will be represented by the Chairperson and the Deputy Chairperson and is a member of the extended Board. A special branch meeting may be called for under the chairmanship of the Executive Board. Resolutions can also be passed virtually.
§12 International Departments
Each international department is represented by a Director and is implemented by the Executive Board. Their duties are to co-ordinate and guarantee the members´ training. They play a main role in quality assurance. They are also represented at the extended Board.
§13 The Extended Board
Since the Society is largely free in its organisation, it is possible to set up a so called Extended Board. in addition to the Executive Board. The Extended Board is not a Board in the legal sense despite the same term. It has usually instead an informational and consulting function.
Duties, voting rights, composition and voting procedures of the Extended Board are determined by the Executive Board and the Board of Directors.
The resolutions of the Board and the General Membership Meetings are recorded in writing by the Chairperson and the Deputy Chairperson and are available to the members for viewing.
Para.1: The funds and tangible means of the Society are secured by:
• Income by training courses, seminars etc.
• Federal, communal and other public Subsidies
• Membership fees, as laid down by the Executive Board and regularised in the membership dues rules.
• Third-party donations, e.g. Voluntary Welfare Work
Para.2: Membership fees are laid down by Board decisions. The costs required for the operational management of the Society with regards to its proposed objectives determine the membership fees.
§16 Dissolution of the Society
Dissolution takes place if the Society has got less than three Members or by resolution of the General Membership Meeting. The loss of all Members results automatically in dissolution.
In case of dissolution the assets of the Society shall be transferred to the „Jugendförderkreis Bad Krozingen e.V.” (Town or county) and then be used solely and directly for charitable and non-profit purposes. Resolutions on the future use of the Society’s assets can only come into force with the agreement of the tax office.
§18 Coming into Force
The Articles of Associations come into force with immediate effect. Bad Krozingen, 11 July 2010