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CHARTER

Charter

Preamble
The Bundesvereinigung Deutscher Chorverbände e.V. (BDC) has been the sponsor of the Marktoberdorf International Chamber Choir Competition since its beginning in 1989 and of the Musica Sacra International Festival since 2006, at the request of the festival's founder Dolf Rabus. On the initiative of the BDC, the supporting association MODfestivals e.V. was founded on 12 November 2017, which has been responsible for staging the two events in Marktoberdorf, which alternate annually, since 2018.
Both festivals have become an important part of cultural life in Germany, especially in Bavaria and the Allgäu. They promote, cultivate and develop choral music at an international level and intercultural as well as interreligious dialogue in the sense of the UNESCO guidelines.
The Bundesmusikverband Chor & Orchester e.V. (BMCO), the successor organisation of the BDC since 2019, and the supporting association MODfestivals e.V. continue to cultivate the cultural-political connections and objectives that have grown up.
The BMCO is the conceptual sponsor of both festivals.

 

Charter

§1 Name, office, business year

1. The association bears the name: MODfestivals e.V. It is registered in the Register of Associations at Kempten District Court.
    The registered office of the association is Marktoberdorf.
2. The financial year shall be the calendar year.


§2 Purpose and tasks

1. The association exclusively and directly pursues charitable purposes within the meaning of the section "Tax-privileged purposes" of the German Tax Code.

2. The purpose of the association is the promotion of art and culture in the sense of §52 paragraph 2 number 5 of the tax code.
This purpose is achieved by initiating and carrying out projects to promote choral music and intercultural exchange, in particular the events "International Chamber Choir Competition Marktoberdorf" and "Musica Sacra International".


§3 Common good

1. The association is selflessly active. It does not primarily pursue its own economic purposes.
2. The funds of the Association may only be used for its statutory purposes. The members may not receive any benefits from the funds of the Association in their capacity as members.
3. No person may be favoured by expenses that are alien to the purpose of the association or by disproportionately high remuneration.


§4 Membership

1. Any natural or legal person who identifies with the purpose of the association and wishes to promote it may be a member of the association.
2. The Board of Directors decides on admission after a written application.
3. Members shall pay membership fees. The amount and due date of the membership fees shall be determined by the General Assembly in a membership fee regulation.
4. Membership ends by resignation, exclusion or death (in the case of legal entities, with their extinction).
5. Resignation from the association is possible on 30 June or 31 December of each year. It must be declared in writing to the Executive Board.
6. A member may be expelled if it grossly or persistently violates the interests of the Association. The exclusion shall be effected by resolution of the general meeting. Before the resolution is passed, the member must be given the opportunity to comment.
7. The resigned or expelled member shall have no claim against the assets of the Association.


§5 Board of Directors

1. The association has a board of directors. It consists of the chairperson, the vice-chairperson and three other board members.
2. The Choir Section Council of the Bundesmusikverband Chor & Orchester e.V. has the right to nominate two members of the Board. All board members are elected by the general meeting.
3. The Board shall elect the Chairperson and the Vice-Chairperson from among its members.
4. The Chairperson and the Vice-Chairperson are authorised to represent the Executive Board in the sense of §26 BGB. Each of them represents the association individually and is exempt from the restrictions of §181 BGB.
5. The term of office of the members of the Executive Board shall be three years. Re-election is permitted without limitation. The members of the Executive Board shall remain in office after the expiry of their term of office until the election of new members of the Executive Board. If a member of the Executive Board resigns during the term of office, the Executive Board may appoint a substitute member for the remaining term of office of the resigning member.
6. The Board of Directors has the following tasks in particular:
• Convening the General Assembly and setting the agenda
• Execution of the resolutions of the General Assembly
• Adoption of resolutions on the admission of members
• Management of the association's assets and accounting
• Preparation of the annual budgets and the annual reports
7. The Executive Board shall pass its resolutions in Executive Board meetings or in writing. Meetings of the Executive Committee shall be convened by the Chairperson or, if the Chairperson is prevented from doing so, by the Vice-Chairperson, in writing or (remotely) verbally. The invitation period shall be four weeks; in justified individual cases, this period may be waived. The chairperson of the meeting shall be the chairperson or, if the chairperson is prevented from attending, the vice-chairperson; otherwise, the chairperson of the meeting shall be elected from among the members of the Executive Committee present.
8. The Executive Committee has a quorum if more than half of the members are present. It decides by simple majority.
9. A protocol shall be kept of the meetings of the Board of Directors, which shall contain the place and time of the meeting, names of the participants, resolutions passed and the results of the voting.
10. A resolution of the Board may be passed outside a meeting orally, in writing, by e-mail or by other means of electronic communication if more than half of the members of the Board declare their consent to the method of passing the resolution.


§6 Management

1. The Executive Committee may appoint an Executive Director to fulfil its duties. This person shall then be responsible for the day-to-day affairs of the Association and shall be accountable to the Board.
2. The managing director is a special representative in the sense of §30 BGB.


§7 Committee, Advisory board and Artistic Director

1. For the projects "International Chamber Choir Competition Marktoberdorf" (ICCC) and "Musica Sacra International" (MSI), the board and management are each assisted by an artistic director and a committee (ICCC) or an advisory board (MSI), who accompany the conceptual orientation and planning of the projects.
2. The Executive Board appoints the members of the artistic directors in consultation with the choir department of the BMCO.
3. The Board appoints the members of the Committee and the Advisory Board and appoints a Chairperson for each body. The members serve in an honorary capacity and advise the artistic direction.
4. Responsibilities, distribution of tasks and election periods of the artistic direction, committee and advisory board are regulated by rules of procedure.


§8 General Assembly

1. The ordinary general meeting shall be held once a year. An extraordinary general meeting must be convened if the interests of the association require it or if at least one quarter of the members request the convening in writing, stating the purpose and the reasons.
2. Each General Assembly shall be convened by the Executive Committee in writing or in text form by e-mail, observing a notice period of six weeks in principle and stating the agenda.
3. Any General Meeting duly convened shall constitute a quorum irrespective of the number of members present.
4. The meeting shall be chaired by the Chairperson and, if he/she is unable to do so, by the Vice-Chairperson. If both are not present, a chairperson shall be elected by the General Assembly.
5. The General Assembly shall be responsible for the following matters:
• Election of the members of the Board of Directors
• Approval of the annual financial statements
• Report of the Auditor
• Discharge of the Board of Directors and the Management
• Appointment of the cash auditor
• Determination of the membership fees
• Approval of the budget
• Exclusion of members
• Amendments to the Articles of Association
• Dissolution of the association
6. Each member shall have one vote in the General Assembly. It is possible to delegate a vote. This must be done in text form. A member may have a maximum of one vote in addition to his or her own.
The manner of voting shall be determined by the chairman of the meeting. The vote must be conducted in writing if at least one member of the voting members present so requests.
7. Resolutions of the General Assembly shall be passed by a simple majority of the valid votes cast. However, a majority of three quarters of the valid votes cast shall be required to amend the Statutes and the purpose of the Association. Abstentions shall be considered as votes not cast.
8. The resolutions of the general meeting shall be recorded in a protocol and signed by the chairman of the meeting.


§9 Advisory Board

1. In consultation with the choir department of the BMCO, the board of directors can appoint personalities to a board of trustees who support the work of the association and accompany it over the long term across projects.
2. The Board of Trustees works on an honorary basis.


§10 Liquidation

1. The dissolution of the association can only be decided in a general meeting with a majority of three quarters of the members present.
2. Unless the general meeting decides otherwise, the chairman of the board or his deputy shall be the liquidators with sole power of representation.
3. In the event of the dissolution of the Association or the discontinuation of its tax-privileged purposes, the General Assembly shall decide on the use of the Association's assets in accordance with the Statutes. If such a decision is not possible, the assets of the Association shall be transferred to the Bundesmusikverband Chor & Orchester e.V., or alternatively to another legal entity under public law or another tax-privileged corporation pursuing exclusively and directly charitable purposes, with the proviso that they be used for choral music in Germany.


Marktoberdorf, 16.11.2019

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