Bylaws

§ 1 Name, Registered Office, Fiscal Year

(1) The association bears the name “International Kurdish Union for Academia and Scholarships‘, the short form is ’ikuas”. The English name of the organisation is International Kurdish Union for Science and Scholarship”.

(2) It has its registered office in Dresden and is entered in the register of associations at the Dresden Local Court. registered. It bears the addition “e.V. ”.

(3) The financial year is the calendar year.

§ 2 Purpose, Goals, and Objectives of the Association

(1) The association pursues exclusively and directly charitable purposes within the meaning of the section ‘Tax-privileged purposes’ of the German Tax Code (AO). It is selflessly active and does not pursue its own economic purposes. All activities of the association are aimed at promoting the purpose of the association. The purposes of the association may only be realised in accordance with the German Tax Code.

(2) The primary and central objective of the Association is the planning, foundation, establishment, acquisition and sustainable operation of educational institutions, in particular universities, general education schools, vocational schools, academies for academic or vocational further education and language schools, which serve to promote Kurdish education, science, research and intercultural understanding. In particular, the Kurdish university is to be realised as an academic centre and intercultural education platform.

If the funds required for the complete foundation and establishment of a university or other educational institution cannot be raised in one go, the association is also entitled to support partial steps, such as the financial support of individual projects, chairs, study programmes, faculties or other institutional building blocks that ultimately serve the realisation of the overall objective.

(3) In order to achieve the overriding objective, the Association shall in particular utilise the following measures:

• Intercultural dialogue and international understanding: Promoting dialogue and tolerance in all areas of culture through educational projects that strengthen intercultural exchange.
• Science and research: Planning, development and implementation of projects to support the establishment of universities as well as the awarding of research contracts and support for scientific projects.
• Academic, vocational and general education and training: Promotion of higher education, general education schools, vocational schools and academies for further academic or vocational training, language education and integration through relevant educational projects at home and abroad.
• Art and culture: Organisation and support of cultural events, workshops and projects to promote intercultural dialogue and cultural education.
• Integration: Establishment and support of language courses, integration courses and other educational programmes to promote social integration.
• Project coordination and infrastructure: Coordination, support, implementation and financing of projects, events and educational programmes, in particular in connection with the development and long-term financing of educational infrastructure.
• Financial support measures: Awarding of scholarships, prizes and research contracts to support the establishment of universities and academic career development.
• Development of institutional projects: Development and promotion of programmes, projects and facilities as well as implementation of infrastructure projects that directly serve the establishment and long-term operation of educational institutions.

(4) The purpose of the Articles of Association is also realised through the transfer of funds to other tax-privileged corporations or legal entities under public law, provided that these funds are used exclusively and directly for tax-privileged purposes.

(5) Insofar as the association is not active by way of institutional support, it shall realise its tasks itself or through an auxiliary person bound by its instructions within the meaning of § 57 para. 1 sentence 2 AO.

§ 3 Resources of the Association

(1) The funds for the purpose of the Association shall be raised through grants, voluntary contributions and donations.

(2) The Association’s funds may only be used for the purposes set out in the Articles of Association. Members shall not receive any benefits from the Association’s funds. In particular, they are to be used for projects, measures and infrastructure projects that serve the foundation, financing and long-term operation of the university.

(3) The members of the Executive Board work on an honorary basis. However, appropriate remuneration may be paid for activities in accordance with the Articles of Association, provided this is done in accordance with tax regulations and is authorised by a resolution of the General Assembly. In addition, members of the Executive Board are entitled to reimbursement of proven expenses, insofar as the Association’s financial resources permit.

(4) No person may be favoured by expenses that are alien to the purpose of the corporation or by disproportionately high remuneration.

§ 4 Membership

(1) Natural and legal persons may become members of the Association.

(2) Admission to the association must be applied for in text form to the Executive Board. The Executive Board shall decide on the application for admission at its own discretion. It does not have to justify its rejection of the application to the applicant.

(3) The amount and due date of the membership fees shall be determined by the General Meeting by resolution and may be regulated in more detail in a membership fee schedule. There is only an obligation to pay contributions if contributions are levied.

(4) At the proposal of the Executive Board, the General Meeting may appoint members or other persons who have rendered outstanding services to the Association as honorary members for life.

(5) The Association distinguishes between ordinary members, supporting members and honorary members:

• Ordinary members have all membership rights, including the right to vote and stand for election as well as the right to vote in the General Assembly.
• Associate members support the aims of the association ideally or financially, but have no voting rights in the general meeting and are not entitled to vote. They have the right to participate in events and activities organised by the association.

§ 5 Termination of Membership

(1) Membership ends upon resignation or exclusion. The membership of a natural person shall end upon their death. The membership of a legal entity shall end upon its expiry.

(2) Resignation must be declared by the member in text form to the Executive Board. Resignation can only be declared with a notice period of three months to the end of the financial year.

(3) A member may be expelled from the Association by resolution of the General Meeting if it culpably damages the reputation or interests of the Association in a serious manner.

(4) A member may be removed from the membership list by resolution of the Executive Board if, despite two reminders, he/she is in arrears with the payment of the membership fee, if one is levied. The member must be informed of the cancellation in text form.

§ 6 Rights and Duties of Members

(1) Ordinary members have the right to use the Association’s facilities, participate in joint events and have equal voting and election rights at the General Assembly. Associate members have no voting rights, but may participate in events and receive information about the Association’s work on request.

(2) Every member has the duty to promote the interests of the Association, in particular to regularly pay their membership fees, if any are levied, and, as far as they are able, to support the life of the Association through their co-operation.

§ 7 Organs of the Association

(1) Organe des Vereins sind der Vorstand und die Mitgliederversammlung.

(2) The General Assembly may set up further committees or working groups to support the work of the Association. These shall act on the instructions of the Executive Board and report regularly to it.

§ 8 Executive Board

(1) The Executive Board consists of a minimum of three and a maximum of five persons, consisting of the Chairman, his deputy and the Treasurer as well as a maximum of two assessors.

(2) The Chairman, the Deputy Chairman and the Treasurer form the Executive Board within the meaning of Section 26 BGB. Two of these Executive Board members shall jointly represent the Association in legal transactions with a financial volume of more than EUR 20,000 (twenty thousand euros). For all other legal transactions, the members of the Executive Board may represent the association alone in and out of court, unless the Executive Board decides otherwise. The members of the Executive Board are exempt from the prohibition of self-contracting in accordance with Section 181 BGB.

§ 9 Duties of the Executive Board

The Executive Board has the following tasks in particular:

(1) Convening and preparing the General Meeting: This includes preparing and sending out the invitation to the General Meeting and drawing up the agenda.

(2) Implementation of resolutions passed by the General Meeting: The Executive Board is responsible for implementing the resolutions passed by the General Meeting.

(3) Reporting to the General Meeting: The Executive Board reports regularly on the organisation’s activities and financial situation.

(4) Admission of new members: The Executive Board decides on the admission of new members and ensures their proper registration.

(5) Management of the Association’s assets and preparation of the annual report: The Executive Board manages the Association’s financial resources, keeps the accounts, prepares the annual report and makes it available to the members.

(6) Preparation and review of the budget: The Executive Board shall prepare an annual budget and monitor compliance with the budget.

(7) External representation of the association: The Executive Board represents the association in dealings with authorities, partners and the public.

(8) Monitoring and control: The Executive Board monitors compliance with the Articles of Association and the proper implementation of the Association’s activities.

(9) Coordination of projects and activities: The Executive Board plans and coordinates projects and activities within the scope of the organisation’s purpose.

(10) The Executive Board is authorised to appoint a managing director who is tasked with operational management. The appointment of a managing director, whether from among the members of the Executive Board or as an external person, is made by resolution of the Executive Board or the General Meeting and is subject to the Executive Board’s legal authorisation to represent the company. The duties, powers and remuneration model of the Managing Director are regulated in rules of procedure to be issued by the Executive Board.

§ 10 Appointment of the Executive Board

(1) The members of the Executive Board shall be elected by the General Meeting and their term of office shall be three years.

(2) Only members of the Association may be members of the Executive Board. Membership of the Executive Board ends automatically when membership of the Association ends.

(3) Members of the Executive Board may be re-elected. The General Meeting may dismiss a member of the Executive Board prematurely.

(4) A member of the Board of Directors shall remain in office after expiry of the regular term of office until a successor has been elected and has taken office.

(5) If a member of the Executive Board resigns prematurely, the remaining members of the Executive Board are authorised to elect a member of the Association to the Executive Board until a successor is elected by the General Meeting.

§ 11 Resolutions and Deliberations of the Executive Board

(1) The Board of Directors shall meet as required. Meetings shall be convened by the Chairman or, if he is unable to do so, by his deputy. A notice period of at least one week should be observed. The Executive Board is quorate if at least two members are present. Resolutions are passed by a majority of the valid votes cast. In the event of a tie, the Chairman has the casting vote; if he is unable to attend, his deputy has the casting vote.

(2) The resolutions of the Board of Directors must be recorded in minutes. The minutes shall be signed by the secretary and the Chairman or, if he is unable to do so, by his deputy or another member of the Board of Directors.

(3) The Board of Directors is supported by a Board of Trustees of personalities from science, business, art, culture, administration, politics and public life. The members of the Board of Trustees are appointed by the Executive Board for a period of three years. Reappointment is permissible.

The Board of Trustees elects a Chairman from among its members for a term of three years. Re-election is permitted.

A meeting of the Board of Trustees is held every year, at which the Executive Board presents a report on the organisation’s activities.

(4) The Executive Board is authorised to make amendments to the Articles of Association that are required to enter the draft Articles of Association in the register of associations in accordance with the requirements of the registry court or to obtain and maintain the status of a tax-privileged corporation in accordance with the requirements of the responsible tax authorities. The Management Board’s authorisation to make amendments includes both editorial and substantive amendments, provided that these do not significantly change the nature of the respective provision of the Articles of Association.

§ 12 Responsibilities of the General Assembly

The General Meeting is responsible for decisions on the following matters:

1. Resolution on amendments to the Articles of Association of the Association.
2. Determination of the amount of the admission fee and the membership fees.
3. Appointment of honorary members and decision on the exclusion of members from the association.
4. Ernennung von Ehrenmitgliedern und Beschluss über den Ausschluss von Mitgliedern aus dem Verein.
5. Entgegennahme des Jahresberichts und Beschlussfassung über die Entlastung des Vorstands.
6. Resolution on the dissolution of the Association.

§ 13 Convening the General Assembly

(1) At least once a year, if possible in the first quarter, the Executive Board shall convene an ordinary General Meeting. The meeting shall be convened in text form, giving two weeks’ notice and stating the agenda.

(2) The agenda is set by the Executive Board.

(3) Each member of the Association may apply to the Executive Board in text form for an addition to the agenda no later than one week before the General Meeting. The Executive Board shall decide on this request. Motions on the agenda that have not been included by the Executive Board or that are submitted for the first time at the General Meeting shall be adopted by the General Meeting with a majority of the votes of the members present. Motions on the agenda relating to amendments to the articles of association or the dissolution of the association must be submitted in text form at least two weeks before the general meeting.

(4) The Executive Board is obliged to convene an Extraordinary General Meeting if the interests of the Association so require or if at least one tenth of the members so request in text form, stating the purpose and reasons.

§ 14 Resolutions of the General Assembly

(1) The General Meeting shall be chaired by the Chairman of the Board of Directors or, if he is unavailable, by his deputy or, if he is unavailable, by a chairperson to be elected by the General Meeting.

(2) The General Meeting shall decide by open ballot with the majority of the votes of the members present. If no candidate can obtain a majority of the votes of the members present in an election, the candidate receiving the majority of the valid votes cast shall be elected; a run-off vote shall be held between several candidates. Resolutions to amend the Articles of Association require a majority of three quarters of the members present; resolutions to change the purpose or dissolve the Association require the approval of nine tenths of the members present.

(3) Minutes shall be taken of the proceedings of the General Meeting and the resolutions passed, which shall be signed by the secretary and the chairperson of the meeting. The minutes shall be made available to all members.

§ 15 Online General Meetings and Resolutions in Written Form

(1) By way of derogation from Section 32 (1) sentence 1 of the German Civil Code (BGB), the Executive Board may decide at its discretion and state in the invitation that members may or must participate in the General Meeting without being present at a meeting venue and exercise their membership rights by means of electronic communication (online General Meeting).

(2) The Executive Board may adopt suitable technical and organisational measures for the conduct of such a General Meeting in ‘Rules of Procedure for Online General Meetings’, which are intended in particular to ensure that only members of the Association participate in the General Meeting and exercise their rights (e.g. by assigning an individual login).

(2) The Executive Board may adopt suitable technical and organisational measures for the holding of such a General Meeting in ‘Rules of Procedure for Online General Meetings’, which are intended in particular to ensure that only members of the Association participate in the General Meeting and exercise their rights (e.g. by assigning an individual login).

(4) By way of derogation from Section 32 (2) BGB, a resolution is also valid without a general meeting if

• all members were involved in text form,
• at least half of the members present have cast their votes in text form by the deadline set by the Executive Board, and
• the resolution was passed with the required majority.(5) The provisions of this section apply accordingly to Board meetings and Board resolutions.

(6) When organising online general meetings, suitable technical measures must be taken to ensure the confidentiality and security of voting and access data. Technical faults or errors have no influence on the validity of the resolutions, provided that the majority of members were able to exercise their membership rights and the proper conduct of the meeting is documented.

§ 16 Personnel and Organization

(1) In order to fulfil its statutory tasks, the Association is entitled to hire and employ staff and external service providers.

(2) The hiring, management and termination of employment relationships shall be carried out by the Executive Board, which must observe the principles of economic efficiency and expediency.

(3) The Executive Board is authorised, within the scope of its power of representation, to conclude contracts for the employment of personnel and with external service providers, insofar as this is necessary to fulfil the purpose set out in the Articles of Association.

(4) If personnel costs account for a significant proportion of the Association’s budget, the General Meeting may be consulted on the approval of the corresponding budget and the associated personnel measures.

§ 17 Dissolution of the Association, Termination for Other Reasons, Loss of Tax-Privileged Status

(1) In the event of the dissolution of the Association, the Chairman of the Executive Board and his deputy are jointly authorised liquidators, unless the General Meeting appoints other persons for liquidation.

(2) If the association is dissolved or cancelled or if the tax-privileged purposes cease to apply, the assets of the association shall be transferred to a legal entity under public law or another tax-privileged corporation, which must use them directly and exclusively for tax-privileged purposes, preferably in the field of education and international understanding. The use of the assets shall be agreed with the responsible tax office.

(3) The above provisions shall apply accordingly if the legal capacity of the association is withdrawn.

Dresden, 25 April 2025