Mixxx e.V. Articles of association

proposals/2024-06-14_mixxx_e_v.md

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+## Your Proposal Title
+
+* **Owners:**
+  * Daniel Schürmann
+
+* **Implementation Status:** `Not implemented`
+
+* **Related Issues and PRs:**
+
+* **Other docs or links:**
+  * https://ev.kde.org/corporate/statutes/
+  * https://phabricator.kde.org/T12954
+
+* This design doc shall be used to file our Articles of Assoziation 
+
+## Draft
+
+# Articles of Association - Mixxx e.V.
+
+As a non-profit corporation incorporated under German law, Mixxx e.V. is required to declare its intentions and by-laws in a formal "Articles of Association" document. The original and legally binding version is the German version. The following translation is for information only.
+
+## Clarification of Terminology
+
+1. Computer programs considered as free software or "open source software" are put into the public domain free of charge by the originator, allowing others the freedom to use, study, adapt, copy, and improve the program for the common good.
+2. Developing free software involves research, compilation of principles and concepts, and their testing through programming and testing of free software.
+3. "Mixxx" is a DJ software developed as free software and available to the public free of charge.
+
+## 1. Company Name, Registered Office, Financial Year
+
+1. The Association is registered as Mixxx e.V.
+2. The registered offices are located in Berlin. If no fixed office is established, it will be managed from the residence of the Board member acting as general manager.
+3. It is listed under the appropriate register in the District Court’s Register of Associations.
+4. The financial year is the calendar year.
+
+## 2. Purpose of the Association
+
+1. The Association’s purpose is explain the basics in digital DJ-ing to beginners and educate software developemen students and other interested in digital sound processing and online colaboration. For this pupose we promote and distribute free and open source DJ software, particularly "Mixxx". This gives the equality of opportunity in starting with dgital DJ-ing in bedrooms, school parties and up to professional applications. In addition it allows free exchange of knowledge, for education, science and research.
+2. The articles aim to:
+   1. Distribute Mixxx as a free and open source software
+   2. Distribute Manuals and Guides
+   3. Organize user support and education 
+   4. Mentor students during interneships for learning software developmen.
+   5. Maintaining the development infrstructur for easy code access
+3. Amendments to the association’s purpose may only be made in accordance with § 3 (1).
+
+## 3. Non-profit Association
+
+1. The Association’s activities are exclusively non-profit and tax-privileged in accordance with German Tax Regulations. Its activities are for the common good and not for profit-making.
+2. Financial means may only be used for purposes stipulated in the Articles of Association. Members are reimbursed for expenses but do not receive direct benefits from the Association’s funds.
+3. It is not permitted to favor someone through association expenditures that do not serve the association's purpose or are disproportionately high.
+
+## 4. Types of Membership and Members of the Association
+
+1. Membership is open to natural persons and legal bodies supporting the association's aims. Membership types include:
+   1. Active members: Natural persons actively supporting the Association’s purpose and aims.
+   2. Extraordinary members: Natural persons and legal bodies supporting the Association’s aims but without voting rights.
+   3. Supporting Members: Extraordinary members primarily supporting through financial or material contributions.
+2. Active membership is granted upon suggestion and support by active members or a majority vote. Criteria include long-term commitment and contributions.
+3. Membership terminates due to exit, expulsion, death, or loss of legal status. Written requests for termination must be submitted at least 4 weeks prior to December 31st.
+4. Expulsion may occur due to serious violations or non-payment of fees over 12 months. Members must be given the opportunity to justify their actions before expulsion.
+5. Members leaving the Association or if the Association is liquidated do not have a right to reimbursement for contributed assets.
+
+## 5. Organs of the Association
+
+- The General Assembly
+- The Board
+
+## 6. General Assembly
+
+1. The General Assembly consists of all active members, each with one vote.
+2. It takes place at least once a year, with invitations sent at least six weeks prior.
+3. An extraordinary General Assembly may be called if requested by at least 20% of members.
+4. The General Assembly has a quorum if the invitation was submitted in proper form.
+5. A ¾ majority of votes is required to amend the Articles of Association or decide the liquidation of the Association.
+6. Active members unable to attend may be represented by another member with written authorization.
+
+## 7. Duties of the General Assembly
+
+1. The General Assembly is the highest decision-making organ and is responsible for all duties unless otherwise assigned.
+2. It elects the Board and can deselect board members.
+3. It decides on member expulsion objections.
+4. It receives the Board’s annual report and auditor’s report, and discharges the Board’s responsibilities.
+5. It decides on amendments to the Articles of Association and liquidation of the Association.
+6. It presents annual accounts and reports, and appoints auditors.
+7. It decides on purchases, sales, investments, and raising loans.
+
+## 8. The Board
+
+nsists of the Chairman, the Second Chairman, and the Treasurer. 
+
+1. The Board consists of the Chairman, the Second Chairman, and the Treasurer elected for a 3-year term.
+2. The Board’s duties and meeting procedures are stipulated in the by-laws.
+3. The Board decides on all matters unless a General Assembly decision is required.
+4. Each Board member has the right to represent the Association.
+5. Provisional board members are appointed in case of a vacancy until the next General Assembly.
+6. The Board can appoint a full-time director to manage current affairs.
+7. The director participates in General Assemblies and Board meetings.
+8. The Board can amend the Articles of Association for formal reasons as required by authorities.
+
+## 9. By-Laws
+
+The by-laws govern all details of the Association’s activities not covered in the Articles of Association. The Board implements the by-laws following member approval.
+
+## 10. Meeting Minutes
+
+All decisions by the Board and General Assembly are documented in writing and available for members’ perusal.
+
+## 11. Labour Agreements
+
+The Board regulates remuneration for full-time employees in the by-laws.
+
+## 13. Financing of the Association
+
+1. The Association is funded through membership fees, public contributions, donations, and other financial contributions.
+2. Membership fees are decided by the General Assembly or through an internet vote.
+3. In case of dissolution or liquidation, all assets will go to a suitable non-profit organization for non-profit purposes.
+
+## 14. Inception of the Articles of Association
+
+These Articles of Association came into effect following a General Assembly decision and replace any previous Articles effective since their date of establishment.
+