Statutes of Zhineng Qigong Deutschland e.V.
Please note: this English version is provided for information only. Only the German version of this document is legally binding.
Zhineng Qigong is a form of Qigong that is used as a method of practice for physical and mental development and for health promotion, prevention and rehabilitation.
§ 1 Name, Registered Office
(1) The name of the Association is “Zhineng Qigong Deutschland”.
It is to be entered in the register of associations (Vereinsregister) as an umbrella organisation.
After registration it shall bear the suffix “e.V.”
(2) It has its seat in Homberg/Efze.
§ 2 Purpose of the Association, Tasks, Use of Funds
(1) The Association is an alliance of people who feel connected to Zhineng Qigong, the form of Qigong developed by Dr. Pang Ming.
(2) As an association, the Association provides professional support for the initial and further training of Zhineng Qigong instructors, teachers and trainers in theory and practice.
(3) The Association pursues exclusively and directly charitable purposes within the meaning of the section “Tax-privileged purposes” of the German Fiscal Code (Abgabenordnung).
(4) The Association promotes public health and education by disseminating the knowledge, teachings, exercises and techniques of Zhineng Qigong throughout Germany, insofar as they serve physical and mental development and support health.
(5) The purpose set out in the Statutes is achieved in particular by:
• the development and definition of training criteria, the maintenance of the examination system, and the organisation and running of training courses
• the holding of practice and training sessions
• the organisation and running of information events
• public relations work through an internet presence, at conferences, in articles and in other ways
• the establishment and expansion of cooperation, above all with Chinese Zhineng Qigong teachers and with international institutions that promote Zhineng Qigong
• the promotion of the exchange of specialist experience
• inviting guest speakers and teachers from Germany and abroad for seminars
• carrying out research into the effects of Zhineng Qigong exercises
• keeping a list of Zhineng Qigong teachers recognised by the Association in Germany.
(6) The Association is politically neutral and non-denominational.
(7) The financial year is the calendar year.
(8) The Association acts selflessly; it does not primarily pursue its own economic purposes.
(9) The Association's funds may only be used for the purposes set out in the Statutes. Members receive no payments from the Association's funds.
(10) No person may benefit from expenditure that is alien to the purposes of the corporation or from disproportionately high remuneration.
(11) The Association may provide financial support to people of limited means who are interested in Zhineng Qigong, to enable them to take part in Zhineng Qigong events.
§ 3 Acquisition of Membership, Membership Fees
The Association consists of:
• Full members: Only natural persons may be full members.
• Honorary members: Only natural persons who have rendered outstanding services to Zhineng Qigong may be appointed honorary members. They may be proposed by any body of the Association by way of an application to the Board. The General Meeting decides on admission as an honorary member. Honorary membership is free of fees. Honorary members have all the rights of a full member.
• Supporting members: Any natural or legal person who supports the aims of the Association through contributions, donations and/or contributions in kind may become a supporting member. Supporting members are entitled to take part in the Association’s events in the same way as full members. They have no voting rights in the General Meeting. If they are recognised Zhineng Qigong teachers, they may have themselves entered on the Association’s list of teachers.
(1) Membership of the Association may be acquired upon written application by any natural person with full legal capacity or any legal entity willing to promote the purpose of the Association. The Board decides on the admission of members.
(2) The rejection of an application for membership cannot be contested and need not be justified.
(3) Each member undertakes to pay a membership fee every calendar year. The amount and due date of the annual fee are determined by the General Meeting. Further details are set out in the fee regulations. The fee regulations are not part of the Statutes. They are communicated to members in their current version by circular, notice or similar means.
(4) Members have
• the right to attend and vote in the General Meeting
• rights to information
• the right to participate in and make use of the Association’s offerings
• the right to vote and to stand for election, provided the requirements laid down in the Statutes are met
• to maintain confidentiality regarding the Association’s affairs
• to pay the fees set punctually and within the time limits
§ 4 Termination of membership
(1) Membership ends
• upon death
• by resignation
• by expulsion from the Association
• by removal from the register of members if a member is 3 months in arrears with the payment of fees.
Resignation must be declared to the Board in writing. It is only possible at the end of the calendar year, subject to six weeks' notice.
(2) A member may be expelled from the Association if they have seriously violated the interests of the Association and behaved in a manner damaging to the Association. This is the case in particular if the member:
• publicly insults members of the Board
• publicly criticises the Association in a grossly insulting manner
• otherwise causes serious harm to the Association.
The Board decides on expulsion by a simple majority, and its decision is final. There is no right of appeal against the expulsion decision. Any member is entitled to apply for expulsion.
§ 5 Bodies
The bodies of the Association are the General Meeting and the Board.
§ 6 The Board
(1) The Board of the Association within the meaning of § 26 of the German Civil Code (Bürgerliches Gesetzbuch, BGB) consists of 5–7 members, namely two to three Chairs, the Treasurer, a Secretary, a Training Officer and an Officer for International Contacts.
Office holders must be members of the Association and serve on a voluntary basis. At least half of the members of the BGB Board (statutory board under the German Civil Code) must be from the list of Zhineng Qigong teachers maintained by the Association. The BGB Board has a quorum if at least half of its members are present at the meeting. Resolutions require a majority of at least two thirds of those present.
The Board members are elected by the General Meeting for a term of 2 years. They remain in office until the next Board is elected.
(2) Up to six Board members (Assessors) may be appointed to the extended Board. The Assessors are not members of the Board authorised to represent the Association. They support the BGB Board with specific or changing tasks in the work of the Association, or they take on particular specialist areas or areas of responsibility. Assessors must be members of the Association and act in a voluntary capacity. The extended Board has no voting rights. The Board within the meaning of the BGB decides on the participation of the Assessors in Board meetings.
The Assessors are elected by the General Meeting for a term of two years. If a member of the extended Board leaves office early, the vacant position may, if necessary, be filled on an interim basis by a representative appointed by Board resolution until a new election is held.
(3) Hybrid and online meetings as well as resolutions by circulation (postal vote) are permitted. § 6 (5) and § 6 (6) apply accordingly.
(4) The Association is represented externally by two Board members.
(5) Legal transactions with a value of €10,000 or more are only binding on the Association if they have been concluded with the approval of the General Meeting.
(6) The Board is responsible for:
1. the conduct of day-to-day business,
2. the implementation of the resolutions of the General Meeting,
3. the management of the Association’s assets,
4. the drawing up of a budget for each financial year,
5. bookkeeping,
6. the preparation of the annual report,
7. the preparation and convening of the General Meeting,
8. the organisation and implementation of training and final examinations.
If a member of the Board leaves office during the current term, the Board may co-opt a replacement from among the members of the Association. The co-opted Board member has the same rights and obligations as all other Board members.
§ 7 The General Meeting, Responsibilities, Convening
(1) The General Meeting is responsible for:
1. the election and dismissal of the members of the Board
2. the election of the Treasurer
3. receiving the annual report and discharging the Board
4. setting the amount and due date of the annual membership fee and
5. passing resolutions on amendments to the Statutes and on the dissolution of the Association
(2) All members are entitled to attend the General Meeting. The ordinary General Meeting is held at least once a year. It is convened by the Board by written invitation with two weeks' notice. The invitation must be accompanied by an agenda and the items on which resolutions are to be passed. All members present are entitled to vote. A member may be represented at the General Meeting by a proxy who is a member, with written authorisation. A proxy may not represent more than one member. Authorisation must be granted separately for each General Meeting. If an absent member is represented by another member, a written proxy must be submitted to a Board member before the General Meeting.
(3) Resolutions of the General Meeting are passed by a show of hands with a simple majority. A secret ballot is held upon request. Amendments to the Statutes require a majority of ¾ of the votes cast. The dissolution of the Association can only be resolved by a majority of 4/5. The General Meeting decides on a change to the purpose of the Association pursuant to § 33 (1) sentence 2 of the German Civil Code (BGB) by a majority of 3/4 of the valid votes cast.
(4) The General Meeting has a quorum if, after being duly convened, at least 10% of the ordinary members are present. If fewer than 10% of the members are present, the meeting is closed by the Chair. A new meeting is then scheduled promptly (within no more than one week of the original date). In this case the 10% quorum clause may be disregarded.
(5) Resolutions passed at General Meetings must be recorded in writing and signed by the Secretary.
§ 8 Extraordinary General Meeting
An extraordinary General Meeting may be convened if this appears necessary in the interests of the Association, or if at least 1/10 of the members request it in writing from a Board member, stating their reasons. In urgent cases, amendments to the Statutes may also be decided at the extraordinary General Meeting.
§ 9 Local Groups
Local groups may be set up for practice purposes in consultation with the Association. Prerequisite: at least one participant must be a member of the Association. Local groups are listed on the Association's website. They are organised on their own responsibility. The Association provides no financial support and accepts no liability.
§ 10 Dissolution of the Association, Liquidators
(1) Resolutions
A change of purpose and the dissolution of the Association may only be resolved at a General Meeting with the majority of votes laid down in these Statutes. The motion to dissolve the Association must be explicitly listed on the agenda.
(2) Transfer of assets
Upon dissolution of the Association or upon the discontinuation of tax-privileged purposes, the assets shall pass to Hospiz Kellerwald, Bahnhofstr. 60A in 34630 Gilserberg,, which shall use them directly and exclusively for non-profit (gemeinnützige), charitable (mildtätige) or ecclesiastical (kirchliche) purposes.
(3) The first Chair and the Treasurer are appointed as liquidators, unless the General Meeting decides otherwise.
§ 11 Severability Clause
Should individual provisions of these Statutes become invalid or unenforceable, the validity of the remaining provisions of the Statutes shall remain unaffected.
The General Meeting authorises the Board to make, on its own authority, amendments to the Statutes that become necessary because of objections raised by the competent registry court or the tax office and that do not affect the core content of a previously adopted amendment to the Statutes. The Board must adopt the textual amendment unanimously. The General Meeting following the resolution must be informed of the amendment.
§ 12 Final Provisions
The original Statutes were adopted unanimously at the founding meeting on 07.02.2016. They come into force upon the entry of the Association in the register of associations.
The next amendment to the Statutes was adopted by the General Meeting on 17.02.2018 with the required majority. A further amendment to the Statutes, together with the relocation of the registered office to Homberg/Efze, was adopted at the General Meeting on 5.3.2022. The current amendment to the Statutes was adopted by the General Meeting on 6.4.2024 with the required majority.
Homberg, 6.4.2024