Statutes

Articles of Association of the Association "KINKY BERLIN"

English translation for information purposes only.

§ 1 Name / Registered Office / Fiscal Year

a) The association bears the name "KINKY BERLIN".
b) The registered office of the association is Berlin.
c) The association shall be entered in the register of associations and shall then bear the suffix "e.V." (registered association).
d) The fiscal year is the calendar year.

§ 2 Purpose of the Association

a) The association is a trade association whose purpose is to represent the joint economic and political interests of its members vis-à-vis the public, the press, authorities and other bodies.
b) The association serves to foster a sense of community among its members. It promotes informal exchange, cooperation and joint projects of individual members as well as of the association as a whole.
c) It also serves the joint marketing and networking of all members.
d) The association represents Berlin as a creative, tolerant, free-spirited and diverse city.
e) The aim of the association is – with due regard to the protection of minors – to convey a positive image of sexual and gender diversity to the public and to reduce prejudices in public opinion. Its guiding principle is a stylish, design-oriented and equal representation of the industry to the outside world.
f) The association opposes discrimination based on origin, religion, gender, disability, physical characteristics and sexual orientation.
g) The association pursues these objectives exclusively through its own activities. It is not intended to generate profit. Any surplus may only be used for the association's purposes.
h) No person may be favoured through expenses that are unrelated to the association's purpose or through disproportionately high remuneration.

§ 3 Membership

a) The members of the association undertake to observe decency, professional conduct and fair play among themselves.
b) Ordinary members may be: natural persons of full legal age (e.g. self-employed persons, traders, freelancers) as well as legal entities (commercial partnerships, cooperatives and other corporations) that offer products, services or arts & culture for the fetish/BDSM/sex-positive scene. A place of residence, registered office or branch office in Berlin or the immediate surrounding area is required.
c) Honorary members: natural persons of full legal age or legal entities that have supported or promoted the association in a special way and have thereby rendered outstanding services to the reputation of the association may, upon application by the Executive Board and by resolution of the General Meeting, be appointed honorary members.
d) Supporting members may be any natural or legal person of full legal age who is neither an ordinary member nor an honorary member, who wishes to support the aims of the association or feels particularly committed to them and wishes to support the association by paying contributions. Supporting members are not entitled to vote.
e) Admission as a member shall be by written application to the Executive Board. The Executive Board shall make the final decision on the written application for admission.
f) Rejection of an application must be communicated to the applicant in writing. An appeal may be lodged against such rejection within two weeks. The next duly convened General Meeting shall decide on the appeal. The appeal shall be granted if at least 50 % of the members present at the meeting vote in favour of admission. Otherwise, the appeal shall be deemed rejected.
g) Readmission of a member who has resigned or been expelled shall be by resolution of the General Meeting with a simple majority.
h) Every ordinary member and every honorary member has one vote.
i) Legal entities that are members shall designate one or more persons in writing who are authorised to exercise the membership rights on their behalf in the association's bodies and to make binding declarations for them. The legal entity members shall be duly represented by the representatives named by them until written revocation. Several representatives of a legal entity member may only vote jointly and shall count together as one vote.
j) Representatives of a legal entity member may not simultaneously be individual members.

§ 4 Termination of Membership

Membership terminates:

a) upon the death of the member;
b) by voluntary resignation;
c) by exclusion (expulsion);
d) in the case of legal entity members, upon their dissolution;
e) upon cessation of business operations; this also includes the transfer of business operations to another party;
f) Resignation is only possible at the end of a fiscal year and must be notified in writing to the Executive Board with a notice period of one month before the end of the current fiscal year;
g) In all cases, membership ends at the end of the current fiscal year or by mutual agreement with the Executive Board.

§ 5 Exclusion (Expulsion)

A member may be expelled upon a motion of the Executive Board by resolution of the General Meeting if the member:

a) culpably violates their duties and powers arising from these Articles of Association or from resolutions of the association;
b) grossly or repeatedly contravenes the objectives or the Articles of Association of the association;
c) displays presumptuous behaviour with regard to association matters;
d) damages the reputation or interests of the association through dishonourable or improper conduct;
e) disrupts the relationship of trust through their conduct;
f) is in arrears with the payment of contributions, levies or other financial obligations for at least 3 months despite receiving a reminder;
g) In the case of legal entity members, the grounds for exclusion under a) to e) shall also apply if they exist in the person of their authorised shareholders, managing directors, executive board members or the designated representatives within the association;
h) Before exclusion, the member to be expelled shall be given an opportunity to comment. The exclusion shall be notified by the Executive Board by letter sent by registered mail. The exclusion shall take effect immediately. However, the obligation to pay outstanding contributions and the contribution for the current fiscal year shall remain in force;
i) An expelled member no longer has voting rights.

Status: 01/2022